25-028 Applicability of Regulations to Certain Community Facility Uses in Lower Density Growth Management Areas

(a)        In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; 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.

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the provisions of Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas) in lieu of the following provisions:

(1)        the parking location provisions of Sections 25-622 (Location of parking spaces in lower density growth management areas) and 25-623 (Maneuverability standards);

(2)        the driveway and curb cut provisions of Sections 25-632 (Driveway and curb cut regulations in lower density growth management areas) and 25-634 (Curb cut regulations for community facilities);

(3)        the open space provisions of Section 25-64 (Restrictions on Use of Open Space for Parking); and

(4)        the screening provisions of Section 25-66 (Screening).

In addition, where the uses listed in paragraphs (a)(1) and (a)(2) of this Section result from a change of use, the provisions of Section 25-31 (General Provisions) shall be modified to require accessory off-street parking spaces for such uses. However, the requirements of Sections 25-31 and 25-624 may be modified for zoning lots containing buildings with such changes of use where the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that such modifications are necessary due to the location of existing buildings on the zoning lot, and such requirements have been complied with to the maximum extent feasible.