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What is NYC ZR § 74-131?

Quick Answer

This section allows the Commission to permit long-term care facilities in R1 and R2 Districts, where they are not allowed by right, if certain findings about compatibility, access, and traffic are met. Applies to operators of long-term care facilities seeking to establish in these residential areas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 74-131 Long-term care facilities

ZR § 74-131

The Commission may permit long-term care facilities listed under Use Group III(A) in R1 and R2 Districts where they are not permitted as of right, provided that the following findings are made:

(a)such use is compatible with the character of the surrounding area;

(b)the proposed building access, orientation and landscaping create an adequate buffer between the proposed facility and nearby residences; and

(c)the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

Where such use is permitted by the Commission, it may be eligible for bulk modification, pursuant to the provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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