74-94 Residences for People With Disabilities
In C6-2 Districts, for any development designed as a residence for people with disabilities, the City Planning Commission may, by special permit, modify the applicable height and setback regulations, open space and density requirements, regulations pertaining to permitted obstructions in required yards, and accessory parking requirements, and may increase, to a maximum of 7.2, the allowable residential floor area ratio on the zoning lot in accordance with the provisions of this Section. For purposes of this Section, a "residence for people with disabilities" is defined as a residence occupied at least 75 percent by disabled individuals or by households at least one of the members of which is disabled, and the remainder by individuals 62 years of age or older or by households at least one of the members of which is 62 years of age or older, and by the staff of such residence that:
(a) contains dwelling units especially designed for disabled persons and reserved for use as residences for the disabled for a period of not less than 40 years;
(b) contains related accessory social and welfare facilities primarily for residents which may also be made available to the community, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, provided that these facilities shall occupy floor area, cellar space or roof space in an amount equal to not less than 10 percent of the total floor area of the building or buildings. In no event shall the floor space occupied by lobbies, passageways, storage areas or other spaces normally provided in usual residential buildings be considered as part of the floor space attributable to the social and welfare facilities; and
(c) is constructed with the assistance of mortgage financing or other financial assistance insured by or procured through or with the assistance of a municipal, State or Federal government agency.
As a condition for such special permit, the Commission shall make the following findings:
(1) that the Mayor's Office for People with Disabilities, which may consult with other appropriate City agencies, has certified that the organization making the application for the special permit for the proposed residence for people with disabilities is a responsible group dealing with the needs of the disabled;
(2) that the Commission, in consultation with the Mayor's Office for People with Disabilities and/or other appropriate City agencies, has determined that the special features and facilities are appropriate to the needs of the intended disabled residents of the development;
(3) that the modifications of bulk requirements for the development will not impede adequate access of light and air to the surrounding streets and residential properties; and
(4) that the modification of accessory off-street parking requirements on the zoning lot will not unduly inhibit surface traffic and pedestrian flow in the area.
For each square foot of space provided for accessory social or welfare facilities, the total residential floor area permitted on the zoning lot may be increased by two square feet. No floor area bonus provisions other than those set forth herein shall be applicable to the zoning lot. In no event shall the maximum floor area ratio on the zoning lot exceed 7.2.
The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For the purposes of this Section, the term "disabled" shall be applicable to any person who in the determination of the New York City Commissioner of Health has an impairment which is expected to be of long-continued and indefinite duration, is a substantial impediment to his or her ability to live independently and is of a nature that such ability could be improved by more suitable housing conditions.