24-012 Exceptions to the Bulk Regulations of This Chapter
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
(a) Buildings used partly for community facility uses
Except as provided in paragraph (b) of this Section, in R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Bulk Regulations for Residential Buildings in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where:
(1) such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
(2) such building has received an authorization pursuant to Section 24-04 (Modification of Bulk Regulations in Certain Districts).
(b) Buildings containing certain community facility uses in lower density growth management areas
(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:
(i) 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 or nursing homes as defined in the New York State Hospital Code; or
(ii) 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:
(i) the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified to prohibit parking spaces of any kind within a front yard;
(ii) in lieu of Sections 23-46 (Minimum Required Side Yards) and 23-66 (Required Side and Rear Setbacks), Sections 24-35 (Minimum Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and
(iii) 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.
(c) Special provisions for certain community facility uses
Special provisions for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3, are set forth in Section 24-013.
(d) Quality Housing buildings
For Quality Housing buildings, the provisions of Section 24-011 shall apply.