24-05

Buildings Containing Certain Community Facility Uses

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

  1. In R1 through R5 Districts in lower density growth management areas, the bulk regulations of this Chapter shall not apply to any zoning lot containing buildings used for:
    1. ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals or nursing homes as defined in the New York State Hospital Code; or
    2. child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for 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.
  2. In lieu thereof, the residential bulk regulations of Article II, Chapter 3, shall apply, except that:
    1. the minimum lot area for such zoning lots containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum lot area for such zoning lots containing child care services shall be 10,000 square feet. In addition, each such zoning lot shall have a minimum lot width of 60 feet. Such lot width shall be applied as set forth in the definition of lot width in Section 12-10, provided that such lot width shall also be met along at least one street line of the zoning lot. No building, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point than 60 feet;
    2. the provisions of Section 23-341 (Permitted obstructions in required yards or rear yard equivalents), inclusive, shall be modified to prohibit parking spaces of any kind within a front yard;
    3. in lieu of Section 23-331 (Basic side yard requirements in R1 through R5 Districts), Sections 24-35 (Minimum Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and
    4. for child care services in R1 and R2 Districts, the provisions of paragraph (9) in the definition of floor area in Section 12-10, pertaining to floor area exclusions for the lowest story of a residential building, shall not apply.

For such buildings, the authorization provisions of Section 24-06 (Modification of Bulk Regulations in Certain Districts) shall be inapplicable.

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