Proposed Zoning Approach


Amend Section 295-5 to add the following definition of “Continuing Senior Care Facility”:


“CONTINUING SENIOR CARE FACILITY – An age restricted development that provides a continuum of accommodations and care, consisting of independent and/or assisted living accommodations, and long-term bed care together with a variety of ancillary uses and structures as described in Section 295-67.C.(8).”



New Section 295-67.B(6) allowing a lawfully existing (conforming or non-conforming) senior use in the R-20 District to be changed to a Continuing Senior Care Facility by special use permit from the Planning Board subject to compliance with certain standards. 


(6)       A lawfully existing senior use may be changed and expanded for use as a Continuing Senior Care Facility by special use permit from the Planning Board provided that1:


Footnote 1.      Unless otherwise provided, the following standards supersede other requirements of the Village Zoning Law in the event of a conflict.


(a)       It is a licensed senior use that involves a group living environment where seniors receive nursing care and/or other assistance with daily living activities.


(b)               The maximum residential density does not exceed 12 living units per acre. “Living unit” shall mean an apartment or room within a Continuing Senior Care Facility set aside for the exclusive use of one or more residents.


(c)      Residency of each living unit is limited to households consisting of individuals at least 62 years of age or older.


(d)       All buildings and structures on the lot together cover not more than 15% of the lot area, nor shall the sum total of land covered with buildings, structures and paved areas exceed 33% of the lot area.


(e)      Proposed buildings do not exceed 65 feet or 5 stories in height. Notwithstanding any potentially conflicting standards in Section 295-56, existing buildings may be modified in accordance with Section 295-55.A .


(f)      The floor area ratio does not exceed 0.375, however the floor area ratio may be increased by the Planning Board up to another 15% in consideration of the following factors:


[1] The degree to which buildings are setback in excess of the 100- foot setback; and,


[2] The height of the buildings in relation to surrounding finished grade and other factors such as landscaping and architectural design elements that have the effect of reducing perceived building mass.


(gf)      It occupies a lot not less than 20 acres in size, which has frontage and provides adequate and safe access to a State or County Highway, and which would be served by public water and public sanitary sewer facilities.


(hg)      Structures are set back at least and designed in such a way that the horizontal distance of any point of the structure from the nearest lot line is at least 2 times the height of such point,  1˝ times the height of the structure buthowever, in no case shall any structure be set back less than 100 feet from the nearest lot line. and provided that All paved surfaces, such as off-street parking areas, loading areas and access roads shall also be are set back at least 100 feet from the nearest lot line.  The Planning Board may, however, permit up to 15% of the 100 foot setback area on the subject site to be occupied by paved surface(s) so long as the Planning Board determines that such placement is necessary to reduce site disturbance and facilitate an improved parking and traffic circulation system on the site, and so long as all required screening and buffer areas around the property are in compliance with the requirements of Section 295-46, Screening and Buffer Areas. Notwithstanding Section 295-52, the placement of stormwater management basins shall be permitted within the 100-foot setback area provided that the Planning Board finds that such placement reasonably necessary to achieve the proposed site plan and that adequate safety precautions are incorporated into the design of the basins.


(ih)       Parking areas are distributed on the site in proportion to the differing parking demands of the project components, are designed in a safe and efficient manner, and provide appropriate pedestrian access (e.g., sidewalks of appropriate grade and width) from parking areas to the proposed buildings. The applicant shall be permitted to forego the initial improvement of up to 25% of the required parking spaces if it is proven, to the satisfaction of the Planning Board, that such spaces are not needed based on the parking demands of the proposed use.  In such case, the approved site plan shall show the location(s) on the site where such “land-banked” spaces could be provided in the future. If determined necessary by the Planning Board, the “land-banked” parking spaces shall be constructed in accordance with the approved site plan within 6 months after written notice is provided to the property owner stating that the improvement of all or a portion of the parking spaces is necessary.  All unimproved parking spaces shall be used and maintained as landscaped grounds until used for parking.


(ji)      Proposed signage complies with the requirements of Section 295-67.C(7)(b), is consistent in materials and colors to the overall architectural theme of the development, and is setback at least 10 feet from all property lines.


(kj)      Stormwater detention facilities may be approved by the Planning Board without complying with the requirements of Section 295-52 relating to outdoor pools and ponds.


(lk)      A public hearing on the special permit application is held upon the same notice as that required for a zoning variance.



New Section 295-67.C.(8) specifying Permitted Accessory Uses for a Continuing Senior Care Facility.


(8)       The following uses are permitted accessory uses to a Continuing Senior Care Facility: those accessory uses customarily subordinate and incidental to a Continuing Senior Care Facility, including community facilities such as meeting rooms and recreation rooms suitable for social, civic, cultural and educational activities; indoor and outdoor recreational facilities for residents and their guests; common living, dining, laundry, security and house keeping facilities; central kitchen for food served in dining areas or for distribution to resident living units; medical and dental services for residents; retail shops for sale of goods or rendering of personal services (e.g., hairdresser, banking, etc.) to residents and guests; and sales office.             


Amend Section 295-36, Schedule of Off-Street Parking Requirements, to add parking requirements for a Continuing Senior Care Facility:


Continuing Senior Care Facility

1.0 spaces for each independent living unit; 1 spaces for each 2 assisted living or skilled nursing living unit



Amend Section 295-103 to grant the Planning Board authority to grant a special permit for a Continuing Senior Care Facility use.


(5)            Notwithstanding Article X, Special Use Permits, the Planning Board shall have the power to review and approve, approve with conditions or disapprove applications for special permits for Continuing Senior Care Facilities.