25-331 - Exceptions to application of waiver provisions

LAST AMENDED
12/5/2024

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the waiver provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum
Number) shall not apply to the following types of #uses#:

        Agricultural #uses#, including greenhouses, nurseries or truck gardens;

        Ambulatory diagnostic or treatment health care facilities in R3, R4-1 and R4A Districts in #lower density growth
        management areas#. However, the waiver provisions shall apply where such #use# is located in such areas on the same
        #zoning lot# as a hospital, as defined in the New York State Hospital Code or a #long-term care facility#, and shall apply
        where such #use# is located in such areas on any #zoning lot# in an R6 or R7 District in Community District 10,
        Borough of the Bronx;

        Outdoor tennis courts;

        Camps, overnight or day;

        #Schools# in R1 and R2 Districts, child care services in R1, R2, R3, R4-1 and R4A Districts in #lower density growth
        management areas#. However, the waiver provisions shall apply where child care services are located in such districts on
        the same #zoning lot# as a house of worship, and shall apply where child care services located in such districts on #zoning
        lots# that do not contain houses of worship, where the amount of #floor area# used for child care services is equal to 25
        percent or less of the amount of #floor area# permitted for #community facility# #use# on the #zoning lot#.