Official Journal of the City of New York - January 28, 2021

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Source: Official Journal of the City of New York

THE CITY RECORD

836

permitted only by special permit by the City Planning Commission pursuant to Section 74-901 Long-term care facilities. However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in Section 22-16 Special Regulations for Nursing Homes
that where perforated materials are provided, not more than 50 percent of the face is open;
iii where any equipment is located between a street wall, or prolongation thereof, and a street line, the entire width of such portion of the equipment facing a street, whether open or enclosed, shall be fully screened by vegetation; and
In high-risk flood zones, as defined in Section 64-11
Definitions, or within the areas set forth in APPENDIX K
Areas With Nursing Home Restrictions, the development or enlargement of nursing homes and nursing home portions of continuing care retirement communities, as such facilities are defined in the New York State Public Health Law, are subject to the restrictions set forth in Section 22-16 Special Regulations for Nursing Homes
4

The number of persons employed in central office functions shall not exceed 50, and the amount of floor area used for such purposes shall not exceed 25 percent of the total floor area, or, in R8, R9 or R10 Districts, 25,000 square feet, whichever is greater

THURSDAY, JANUARY 28, 2021

2the size of all equipment, including all screening and enclosures containing such equipment, shall not exceed:
i an area equivalent to 25 percent of a required open space;
ii in R1 through R5 Districts, a height of 10 feet above the adjoining grade; and
4, 5

iii in R6 through R10 Districts, a height of 15 feet above the adjoining grade.
j
Ramps or lifts for people with physical disabilities;

ik Solar energy systems:

22-16
Special Regulations for Nursing Homes
1on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

2on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall as viewed in elevation from which it projects;

In all districts, 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 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.

jl Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent;

In addition, in Community Districts where long-term care facilities are allowed only by special permit pursuant to Section 74-901
Long-term care facilities, such special permit may not be applied to developments or enlargements of nursing homes and nursing home portions of continuing care retirement communities located in the areas subject to the provisions of this Section.

23-40
YARD REGULATIONS


Chapter 3
Residential Bulk Regulations in Residence Districts
23-10
OPEN SPACE AND FLOOR AREA RATIO REGULATIONS

kmTerraces, unenclosed, fire escapes or planting boxes, provided that no such items project more than six feet into or over such open space.


23-44
Permitted Obstructions in Required Yards or Rear Yard Equivalents In all Residence Districts, the following obstructions shall be permitted within a required yard or rear yard equivalent:
a
In any yard or rear yard equivalent:
14

23-12
Permitted Obstructions in Open Space R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

i Power systems, including, but not limited to, generators, solar energy systems, fuel cells, batteries and other energy storage systems, provided that:
1all equipment shall be subject to the following location, enclosure, and screening requirements, as applicable:
i
ii
ll generators and cogeneration equipment a accessory to buildings other than singleor two-family residences shall be completely enclosed within a building or other structure, except as necessary for mechanical ventilation;
ll other types of equipment, including generators a and cogeneration equipment serving singleor two-family residences, may be unenclosed, provided that such equipment is located at least five feet from any lot line. However, if the area bounding all such equipment, as drawn by a rectangle from its outermost perimeter in plan view, exceeds 25 square feet, such equipment shall be screened in its entirety on all sides. Such screening may be opaque or perforated, provided
Parking spaces, off-street, open, within a front yard, that are accessory to a building containing residences, provided that:
However, no parking spaces of any kind shall be permitted in any front yard in an R4B, R5B or R5D District.
Furthermore, no parking spaces of any kind shall be permitted in any front yard on a zoning lot containing an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or in any front yard on a zoning lot containing an attached building in an R3-1
or R4-1 District;

In the districts indicated, the following obstructions shall be permitted in any open space required on a zoning lot:
hParking spaces, off-street, enclosed, accessory, not to exceed one space per dwelling unit, when accessory to a singlefamily, two-family or three-family residence, provided that the total area occupied by a building used for such purposes does not exceed 20 percent of the total required open space on the zoning lot. However, two such spaces for a single-family residence may be permitted in lower density growth management areas and in R1-2A Districts;

15

Power systems, including, but not limited to, generators, solar energy systems, fuel cells, batteries and other energy storage systems, provided that:
i all equipment shall be subject to the following location, enclosure, and screening requirements, as applicable:
a all generators and cogeneration equipment accessory to buildings other than singleor two-family residences shall be completely enclosed within a building or other structure, except as necessary for mechanical ventilation;
b all other types of equipment, including generators and cogeneration equipment serving singleor two-family residences, may be unenclosed, provided that such equipment is located at least five feet from any lot line. However, if the area bounding all such equipment, as drawn by a rectangle from its outermost perimeter in plan view, exceeds 25 square feet, such equipment shall be screened in its entirety on all sides. Such screening may be opaque or perforated, provided

About this edition

Official Journal of the City of New York - January 28, 2021

TitleOfficial Journal of the City of New York

CountryUnited States

Date28/01/2021

Page count100

Edition count4001

First edition05/03/2008

Last issue15/05/2024

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