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What is NYC ZR § 32-133?

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This section outlines specific conditions for uses classified under Use Group III, including monasteries, long-term care facilities, non-profit hospital staff dwellings, ambulatory health care facilities, and non-commercial clubs. The statute applies to zoning districts C1 through C8 and affects property operators in these areas.

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§ 32-133 Use Group III – uses subject to additional conditions

ZR § 32-133

For uses denoted with a “P” in Section 32-131 (Use Group III – general use allowances), the following provisions shall apply:

Monasteries, convents or novitiates in C8 Districts, used only for living purposes, are permitted provided that such use is to be part of a group of buildings accommodating house of worship activities, schools or other house of worship facilities that existed on December 15, 1961, or any applicable subsequent amendment thereto, and that such use is to be located on the same zoning lot with one or more buildings in such group of buildings or on a zoning lot that is contiguous thereto or directly across the street on which such buildings face.

Long-term care facilities in C1 through C7 Districts are permitted except that in the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.

Non-profit hospital staff dwellings in all Commercial Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto. However, in C1 through C7 Districts, such separate zoning lot may also include those that would be contiguous but for its separation by a street or a street intersection. Such conditions may be further modified by special permit of the City Planning Commission, in accordance with Section 74-132 (Non-profit hospital staff dwelling).

Ambulatory diagnostic or treatment health care facilities in all Commercial Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.

Non-commercial clubs as classified in this Use Group, in all Commercial Districts, shall not include: clubs, the chief activity of which is a service predominantly carried on as a business; non-commercial outdoor swimming pool clubs; or any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

clubs, the chief activity of which is a service predominantly carried on as a business;

non-commercial outdoor swimming pool clubs; or

any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

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