[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 9-9-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
The purpose of the Senior Living Overlay District is to enhance the public welfare by creating a self-contained, full service community for senior citizens with disabilities in order to provide them with a full range of support services and continued care residence opportunities.
An applicant may submit a request for a special permit in the form of a petition to the Board of Trustees for a Senior Living Overlay District development within the Senior Living Overlay District.
The Senior Living Overlay District shall mean that portion of the Village bordered by North Service Road of the Long Island Expressway (Nassau Boulevard Extension) on the south, by Community Drive on the east, by Lakeville Road on the west and comprising those properties designated on the Nassau County Land and Tax Map as Section 002, Block 358, Lots 27, 28, 30 and 37.
The Senior Living Overlay District shall be considered as superimposed on the underlying district of the properties described herein. Senior Living Overlay District development shall conform to all other provisions of the Zoning chapter except to the extent that use, dimensional, parking, and loading requirements are set forth in this chapter. The Senior Living Overlay District shall not restrict owners' rights relative to the underlying zoning district, including other overlay districts.
All dwelling units within Senior Living Overlay District shall be subject to an age restriction described in a deed, restrictive covenant, or other document in a form reasonably acceptable to the Village Attorney and shall be recorded at the Office of the Nassau County Clerk. The age restriction shall limit the dwelling units to occupancy by persons 62 years of age or older. Occupancy of each dwelling unit shall be limited to a maximum of two persons. Age and occupancy restrictions shall not preclude reasonable, time-limited guest visitation rights.
In addition to the age restriction, all dwelling units within the Senior Living Overlay District shall be occupied by at least one person 62 years of age or older with a disability who requires assistance with one or more essential daily living activities, such as eating, bathing, dressing, mobility, or suffers from dementia, Alzheimer's disease, memory or cognitive impairment, or similar disabilities.
A senior dwelling unit shall mean an area within a multifamily building where congregate care is available by way of common meals, housekeeping, personal services and similar assistance, consisting of one or more rooms, including space for living and sleeping.
The following uses shall be permitted in the Senior Living Overlay District:
Age-and-disability-qualified multifamily residences in buildings containing a minimum of 20 senior dwelling units.
Support services and accessory uses to meet senior residents' needs, including fitness centers, recreation and leisure facilities, community centers, resident and employee locker and lounge rooms, and food services (including kitchens, cafeterias and dining rooms).
Parking and loading facilities including at-grade facilities as well as below-grade and above-grade structured facilities.
Standards shall be as follows:
Minimum lot area: 2.5 acres.
Maximum density: 20 units per acre.
Maximum building height: 40 feet.
Lot width and frontage: 200 feet.
Lot coverage limits: 40%.
Parking requirements: 0.5 space per unit for senior dwelling unit.
An applicant for a building permit in the Senior Living Overlay District shall be required to pay all expenses incurred by the Board of Trustees or other review boards for consultation fees (including, but not limited to, engineering, architectural and legal expenses) or other expenses in connection with the review of an application. At the time of application, the applicant shall deposit with the Village Clerk in a trust and agency account such amount to cover consultation fees and other expenses as shall be established, from time to time, by resolution of the Board of Trustees. Additional deposits may be required from time to time. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.