[Added 5-6-1980 by L.L. No. 3-1980[1]]
[1]
Editor's Note: Section 1, Intent, of this
local law reads as follows: "The purpose of this local law is to amend
the Zoning Ordinance of the Code of the Village of Highland Falls
by adopting new provisions to encourage the development of publicly
assisted multiple dwellings for senior citizens. The Board of Trustees
has adopted a neighborhood revitalization plan which includes, amongst
other things, the development of sufficient housing for senior citizens.
The Board of Trustees finds that such housing can be developed at
a higher level of density as compared with conventional multiple dwellings
without creating undue congestion and that the cost of developing
such housing is such that different standards must be adopted governing
the physical characteristics of such housing in order to make a development
economically feasible."
Notwithstanding anything contained in this article
or elsewhere in the this chapter of the Code of the Village of Highland
Falls, the Board of Trustees may issue a conditional use permit for
a publicly assisted senior citizens multiple dwelling within any R-5
Zone of the Village of Highland Falls when the proposed multiple dwelling
conforms to the standards set forth in this article.
As used in this article, the following terms
shall have the meanings indicated:
A senior citizens multiple dwelling which receives financial
assistance for rent payments pursuant to § 8 of the National
Housing Act of 1937, as amended.
An apartment building wherein not less than 75% of the dwelling
units therein provide living and dining accommodations solely for
an elderly family whose head or spouse or whose sole member is at
least 62 years of age or a disabled or handicapped person.
No senior citizens multiple dwelling may exceed
a maximum height of 70 feet.
The maximum area of the lot which a senior citizens
multiple dwelling and accessory structure may cover shall be 65% of
the lot.
A.
A senior citizens multiple dwelling shall have a front
yard which shall be a minimum of 20 feet and a rear yard which shall
be a minimum of 25 feet, except that the Board of Trustees, by resolution
and upon such terms and conditions as it deems suitable, may permit
a smaller front or rear yard where appropriate due to the nature of
the plot and building and/or the character and design of surrounding
uses and buildings.
B.
The side yard of the senior citizens multiple dwelling
shall be a minimum of 10 feet wide, except that, where appropriate
due to the nature of the plot and building and/or the character and
design of surrounding uses and buildings, the Board of Trustees, by
resolution and upon such terms and conditions as it deems suitable,
may permit any side yard to be a minimum of five feet.
The minimum square foot per dwelling unit in
relation to the lot area shall not be less than 1,700 square feet
per dwelling unit.
No senior citizens multiple dwelling shall hereinafter
be erected or altered on a lot less than 12,000 square feet.
A senior citizens multiple dwelling shall be
permitted to have any accessory use customarily incidental to a senior
citizens multiple dwelling. The term "accessory use," however, does
not include a business or any building or use not located on the same
or an adjacent lot with the building or use to which it is accessory.
A senior citizens multiple dwelling shall have
a number of parking spaces that the Board of Trustees, by resolution,
upon such terms and conditions as it deems suitable, may allow or
require, taking into consideration the nature of the plot and building
and/or the character and design of surrounding uses and buildings.
The Board of Trustees, in approving said parking spaces, may establish
conditions relating to the configuration of the spaces, ease of driving
access and egress, lighting, planting and screening and any other
safeguards proper to promote the health, safety and general welfare
of the residents of the Village.
A senior citizens multiple dwelling may provide
common space for a community room or rooms for the use of the residents
of the building.
A senior citizens multiple dwelling may provide
a laundry room for the use of the residents of the building.
The Board of Trustees, after holding a public
hearing, may issue a conditional use permit for a senior citizens
multiple dwelling for a limited period of time or otherwise, subject
to such conditions and safeguards as shall be deemed appropriate when,
in its opinion, it shall find that such proposed use and improvement
shall conform to the general character of the neighborhood in which
the property to be used is located, that it will be consistent with
the public health, morals, safety and general welfare of such neighborhood
and that it will be in accordance with the Comprehensive Plan.
