73-64 Modifications for Community Facility Uses

On a zoning lot occupied by any of the community facility uses specified in this Section, and in all districts where such uses are permitted as-of-right or by special permit, the Board of Standards and Appeals may permit developments or enlargements for such uses, which do not comply with certain applicable district bulk regulations, in accordance with the provisions of this Section.

Such specified community facility uses are:

College or school student dormitories or fraternity and sorority student houses

Colleges or universities, including professional schools, but excluding business colleges or trade schools

Community centers

Houses of worship, rectories, parish houses or seminaries

Libraries, museums or non-commercial art galleries

Monasteries, convents or novitiates

Non-profit hospital staff dwellings

Non-profit or voluntary hospitals and related facilities

Philanthropic or non-profit institutions with or without sleeping accommodations, excluding ambulatory diagnostic or treatment health care facilities listed in Use Group 4

Schools.

For any such new building or enlargement, subject to the required findings set forth in this Section, the Board of Standards and Appeals may permit modifications of the applicable regulations in Sections 24-38, 33-28 or 43-28 (Special Provisions for Through Lots), or in Sections 24-50 through 24-55, inclusive, paragraphs (b) through (d) of Section 24-56, Sections 33-40 through 33-45, inclusive, or Sections 43-41 through 43-45, inclusive, relating to Height and Setback Regulations, or in Sections 24-61 through 24-65, inclusive, Section 33-51, or Section 43-51, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, provided that on December 15, 1961, the applicant owned the zoning lot or any portion thereof, and continuously occupied and used one or more buildings located thereon for a specified community facility use, from December 15, 1961, until the time of application. However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Sections 24-50 and 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

As a condition of granting such modification, the Board shall find:

(a)        that such modification is required in order to enable such use to provide an essential service to the community;

(b)        that without such modification there is no way to design and construct the new buildings or enlargements in satisfactory physical relationships to the existing buildings which are to remain upon the site, so as to produce an integrated development; and

(c)        that such modification is the minimum modification necessary to permit the development of such integrated community facility, and thereby creates the least detriment to the character of the neighborhood and the use of nearby zoning lots.

In any district where such a specified community facility use is permitted, and on any zoning lot where one or more buildings occupied by such use exist on the date of application for the special permit, the Board of Standards and Appeals may permit development or enlargements which, only because of the continued existence of such buildings on a temporary basis, fail to comply with one or more of the applicable district bulk regulations, provided that the Board finds that continued use of the existing buildings is essential as a service to the community until the new construction makes it possible to replace the facilities contained therein.

The Board shall prescribe as a condition of such permit that such existing buildings will be removed within a stated period of time not to exceed two years after completion of the development or enlargement.