73-36 Physical Culture or Health Establishments

(a)        In C1-8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board of Standards and Appeals may permit physical culture or health establishments as defined in Section 12-10, including gymnasiums (not permitted under Use Group 9) or massage establishments other than adult physical culture establishments, for a term not to exceed 10 years, provided the following findings are made:

(1)        that such use is so located as not to impair the essential character or the future use or development of the surrounding area; and

(2)        that such use contains:

(i)        one or more of the following regulation size sports facilities: handball courts, basketball courts, squash courts, paddleball courts, racketball courts, tennis courts; or

(ii)        a swimming pool of a minimum 1,500 square feet; or

(iii)        facilities for classes, instruction and programs for physical improvement, body building, weight reduction, aerobics or martial arts; or

(iv)        facilities for the practice of massage by New York State licensed masseurs or masseuses.

Therapeutic or relaxation services may be provided only as accessory to programmed facilities as described in paragraphs (a)(2)(i) through (a)(2)(iv) of this Section.

(b)        In C4-7, C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8 or C6-9 Districts, the Board may permit physical culture or health establishments located on the roof of a commercial building or the commercial portion of a mixed building, provided the following additional findings are made:

(1)        that such use shall be an incidental part of a permitted physical culture or health establishment located within the same commercial or mixed building;

(2)        that such use shall be open and unobstructed to the sky;

(3)        that such use shall be located on a roof not less than 23 feet above curb level;

(4)        that the application for such use shall be made jointly by the owner of the building and the operator of such physical culture or health establishment; and

(5)        that the Board shall prescribe appropriate controls to minimize adverse impacts on the surrounding area, including but not limited to, requirements for the location, size and types of signs, limitations on the manner and/or hours of operation, shielding of floodlights, adequate screening, and the control of undue noise including the amplification of sound, music or voices.

(c)        No special permit shall be issued pursuant to this Section unless:

(1)        the Board shall have referred the application to the Department of Investigation for a background check of the owner, operator and all principals having an interest in any application filed under a partnership or corporate name and shall have received a report from the Department of Investigation which the Board shall determine to be satisfactory; and

(2)        the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.

The Board shall retain the right to revoke the special permit, at any time, if it determines that the nature or manner of operation of the permitted use has been altered from that authorized.

The Board may prescribe appropriate conditions and safeguards including location of signs and limitations on the manner and/or hours of operation in order to minimize adverse effects on the character of the surrounding community.