[Amended 9-22-1987; 11-12-1991 by L.L. No. 6-1991]
A. Senior housing; age requirement.
[Amended 3-22-2005 by L.L. No. 3-2005]
(1) In a Senior Citizens Multiple Residence District,
no building or premises shall be used and no building shall hereafter
be erected except for use as a multiple residence designed primarily
to provide living and dining accommodations for persons over the age
of 55. At least one occupant of each dwelling unit must meet this
minimum age requirement, and no occupants may be less than 19 years
of age.
(2) The minimum age requirement set forth in §
213-290A(1) hereof may be waived for occupants who reside alone and are disabled as defined by 42 USCA 12102 and/or the New York State Human Rights Law.
B. All offering plans for senior citizen multiple residence
housing required to be filed with the New York State Attorney General
must be filed with the office of the Town Attorney not less than 96
hours prior to the time when such offering plan shall be filed with
the New York State Attorney General.
In a Senior Citizens Multiple Residence District
where a private street or road is provided on the site, the front
yard setback shall be measured from the established curbline of the
unobstructed right-of-way.
[Amended 5-15-1990]
In a Senior Citizens Multiple Residence District,
no building or structure hereafter erected or altered shall be more
than 2 1/2 stories above ground level. The roof shall be a peak
roof only and shall have a pitch of not less than 4/12.
In a Senior Citizens Multiple Residence District,
no building shall be erected or altered on a lot having an area of
less than two acres.
In a Senior Citizens Multiple Residence District, the front setback in any building unit shall not be less than 30 feet after street dedication, notwithstanding §
213-232 of this chapter. Balconies, porticos or like open areas may extend not more than 10 feet into the front yard.
In a Senior Citizens Multiple Residence District, such lot shall have a front yard along each street as provided in §
213-294.
In a Senior Citizens Multiple Residence District,
there shall be two side yards, one on each side of the main building,
each having a minimum width of at least 20 feet, except that where
there shall be two or more main buildings on the plot, there shall
be a minimum distance between buildings of 20 feet, in addition to
the twenty-foot side yard requirement along the side property lines
of the entire plot.
In a Senior Citizens Multiple Residence District,
there shall be a rear yard having a minimum depth of 25 feet.
In a Senior Citizens Multiple Residence District,
chimneys, cornices, eaves, gutters, bay windows projecting not more
than 24 inches and one-story open porches and/or terraces not exceeding
three feet in height and hereby permitted encroachments into yard
areas, except as otherwise provided herein.
[Amended 4-1-1986; 4-25-2018 by L.L. No. 7-2018]
In a Senior Citizens Multiple Residence District, no multiple-family
dwelling authorized hereby shall be erected or altered to accommodate
or make provision for more than 25 dwelling units total, either one-
or two-bedroom per acre or more than a proportionate number of dwelling
units on any fractional part of an acre and, for the purpose of this
section, a "dwelling unit" shall be such combination of rooms with
provisions for living, cooking, sanitary and sleeping facilities arranged
for the use of one family.
[Amended 1-6-1981 by Res. No. 18]
In a Senior Citizens Multiple Residence District, no basement or cellar shall be occupied as living or sleeping quarters. Living or sleeping quarters may be provided for management and/or custodial employees as designated by the New York State Building Code. Each separately owned and operated complex under the provisions of this article may contain therein living and sleeping facilities for management or custodial employees comprising one additional dwelling unit in addition to the number provided pursuant to §
213-299 of this article. Such unit shall not be a rental unit.
[Amended 4-25-2018 by L.L. No. 7-2018]
In a Senior Citizens Multiple Residence District, the minimum
habitable floor area for each dwelling unit shall not be less than
500 square feet for any unit with one bedroom and not less than 650
square feet for any unit with two bedrooms.
In a Senior Citizens Multiple Residence District,
there shall be suitable landscaping, shrubbery, trees and screening
as determined by the Town of Babylon Planning Board.
[Amended 4-25-2018 by L.L. No. 7-2018]
In a Senior Citizens Multiple Residence District, an off-street parking area conforming to the requirements of this chapter shall be provided for each building unit at a ratio of 1 1/2 spaces for each one-bedroom unit and 1/4 space for each additional bedroom. Where garages are provided, they may be substituted for such off-street parking areas and shall conform architecturally to the principal buildings. Ten percent of the required parking shall be designated as "Visitors Parking." Said parking areas must meet the requirements of §
213-289 and must be curbed, striped and have direction of travel lanes painted over the blacktop. Minimum paving specifications shall be designated by the Town of Babylon Planning Board.
In a Senior Citizens Multiple Residence District,
common indoor and outdoor recreation areas shall be provided. The
outdoor recreation area shall be in one parcel and a minimum size
calculated at 150 square feet of usable area per dwelling unit exclusive
of sidewalks, driveways and parking areas. The indoor recreation area
provided shall be not less than 25 square feet of usable area per
dwelling unit with a minimum of 1,500 square feet per site.
In a Senior Citizens Multiple Residence District,
no garages or storage buildings shall exceed 18 feet in height or
be built within six feet of any side or rear lot line or nearer than
50 feet to any street line. All other accessory buildings shall meet
the requirements for setbacks of the Senior Citizens Multiple Ordinance.
In a Senior Citizens Multiple Residence District,
a designated utility area shall be provided for laundry purposes.
One washer and dryer for every 10 units must be provided.
In a Senior Citizens Multiple Residence District,
commercial-type refuse containers must be provided and enclosed with
six-foot slatted chain link fence and gate or other suitable material
as designated acceptable by the Town of Babylon Planning Board, to
be placed on concrete pads and kept clean at all times. No on-site
incinerating shall be permitted.
In a Senior Citizens Multiple Residence District,
no principal building authorized by this article shall be erected,
altered or used unless provided with municipal sewage disposal facilities
or unless an independent sanitary system or installation approved
by the Suffolk County Department of Health, where required, is constructed
for the sanitary disposal of the sewage of such dwellings.
In a Senior Citizens Multiple Residence District,
no building shall hereafter be erected unless a drainage plan providing
for the collection, storage and disposal of stormwater runoff from
the site according to standards established in the subdivision regulations
of the Town of Babylon Planning Board has been approved by the Planning
Board.
In a Senior Citizens Multiple Residence District,
all parking areas, entries, corridors, passages, utility areas and
front landscaping must be provided with adequate lighting for safety
purposes. Lights shall be adjusted so as not to shine into adjacent
properties. Lights must be controlled by a time clock or positive
photo-cell switching so as to ensure adequate lighting during all
dark hours.
In a Senior Citizens Multiple Residence District,
all construction must conform to the New York State Building Code
for multiple dwellings, Group B-3, and the New York State Fire Underwriters'
Code. Exteriors must have some brick or stone veneer which will be
subject to review and approval by the Town of Babylon Planning Board.
In a Senior Citizens Multiple Residence District,
no business or profession of any type shall be permitted.
In a Senior Citizens Multiple Residence District,
the site plans for the erection of a multiple residence shall be subject
to the specifications and review of the Town of Babylon Planning Board.
[Added 9-15-1981 by Res. No. 9]
Wherever a Senior Citizen Multiple Residence
zoned parcel (except for another M.R. parcel) shall abut upon a residential
zoned parcel or any parcel used for residential purposes (except for
another M.R. parcel or cemeteries), there shall be a buffer strip
five feet wide erected, planted and thereafter maintained on the plot
pursuant to Planning Board requirements, unless the Planning Board
shall require a greater or larger buffer strip.
[Added 3-18-1986; amended 11-12-1991 by L.L. No. 6-1991; 3-22-2005 by L.L. No. 3-2005]
In a Senior Citizens Multiple Residence District, the owner of any building or premises used or erected as a multiple residence designed primarily to provide living and dining accommodations for persons over the age of 55 shall file with the Town Clerk a signed, sworn affidavit, on or before the first day of January of every year, stating that all senior citizen multiple residence housing age requirements mandated by law or regulations of the Town, county, state or federal government or any agencies thereof are being and will continue to be complied with. Should the minimum age requirement be waived pursuant to §
213-290A(2), the owner must include the information in the affidavit required herein.