The general requirements affecting the use of buildings, structures and land for each of the districts established by Article III are hereby established and set forth in this article.
The accompanying table entitled "Table of General
Use Requirements" shall be deemed part of this chapter and is referred
to herein as the "Use Table."[1]
[1]
Editor's Note: The Table of General Use Requirements
is located at the end of this chapter.
[Amended 12-27-2005 by L.L. No. 7-2005]
A.
The Use Table identifies the principal and accessory uses that are permitted by either site plan approval by the Planning Board (following Article XI of this chapter), subdivision approval by the Planning Board (following Chapter 210 of the Town Code), special permit approval by the Town Board (following Article XVIII of this chapter), or conditional use approval by the Planning Board (following Article XI of this chapter) within each zoning district. All uses requiring a Town Board special permit or Planning Board conditional use approval also require Planning Board site plan approval. A permitted single-family or two-family dwelling to be constructed on an existing lot must comply with lot size and setback requirements but does not require any of the approvals listed in this subsection, except as provided in § 235-14.4C and § 235-14.4E with respect to the Ridgelines Overlay and Surface Water Overlay Districts.
B.
Where a question or ambiguity exists concerning the classification of a proposed use and/or its status as a permitted or prohibited use, the Building Inspector shall make a determination, which may be appealed to the Zoning Board of Appeals (see Article XVII).
C.
Accessory uses. In addition to the specific accessory
uses identified in the Use Table, structures customarily accessory
to a residence, such as private garages, sheds, pool houses, aboveground
and in-ground swimming pools, tennis courts and basketball courts,
are permitted but may be further regulated by other sections of this
chapter
D.
Keeping of domestic animals. The keeping of domestic
animals is considered an accessory use to a residence, provided that,
in the interpretation of the Building Inspector, appropriate means
for housing such animals and managing waste from the animals are provided.
The keeping of large animals and farm animals (such as, but not limited
to, horses, cows, goats, llamas, and poultry) as an accessory use
is limited to two such animals on lots of at least five acres, plus
one additional animal for each additional five acres.
No building, structure, lot or land in any zoning
district in the Town of Blooming Grove shall be used for any one or
more of the following uses:
A.
Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration or excessive light beyond the limits of its lot, so as to be dangerous or prejudicial to the public health, safety or general welfare or which is not in conformance with § 235-66, Performance standards.
B.
Sky rides, Ferris wheels, roller coasters, shooting
galleries and similar recreation center devices, except for those
recreational facilities that may be approved by the Planning Board
or Town Board in connection with a use specifically set forth in the
Table of General Use Requirements and allowed by site plan, conditional
use, or special use permit approval such as an entertainment complex,
or accessory to a use which otherwise allows recreation facilities,
e.g., a hotel.
[Amended 7-16-2019 by L.L. No. 3-2019]
C.
Rendering plants for animal products.
E.
Manufacture or storage of explosives or fireworks except as permitted by Chapter 118 of the Town Code.
[Amended 12-27-2005 by L.L. No. 7-2005]
F.
Dumps or junkyards.
G.
Vending machines not located entirely within or directly
adjacent to a principal or accessory building.
[Amended 12-27-2005 by L.L. No. 7-2005]
H.
Open front stores arranged and designed for the purpose
of making sales to persons on the public street or sidewalk, except
approved roadside stands.
I.
Open air retail sales establishments, other than for
automotive fuels or horticultural products.
J.
Sand or gravel pits or rock quarries.
K.
Active adult use, including but not limited to an
adult entertainment cabaret, adult motel/hotel, adult theater, massage
establishment, peep show, adult modeling and photography or similar
adult use that is generally of such nature as to result in patrons
or customers congregating in or about the use.
[Added 7-13-1998 by L.L. No. 1-1998]
L.
Wind energy conversion system in the Ridgeline Overlay District.
[Added 12-13-2017 by L.L. No. 12-2017]
[Added 6-13-2017 by L.L.
No. 4-2017]
A.
Legislative findings and intent. The Town Board of the Town of Blooming
Grove hereby finds and declares:
(1)
Legislative findings.
(a)
There is a critical and compelling need to regulate short-term
rental use of residential dwellings located in the Town of Blooming
Grove. Single- and two-family residential dwellings and the interior
of apartments and similar dwelling units contained in multifamily
buildings are not subject to the New York State Uniform Fire Prevention
and Building Code (Uniform Code). Therefore, the Town Board finds
and determines that the public health, safety and welfare of current
and future Town residents will be adversely affected by the unregulated
short-term rental of all or a portion of residential dwellings.
(b)
The Board further finds and determines that conditions arising
from the short-term rental of dwelling units that are substandard
or in violation of the Uniform Code, New York State Multiple Residence
Law and applicable Town of Blooming Grove Code, pose hazards to life,
limb and property of residents of the Town, exacerbate blight, contribute
to excessive vehicle traffic and parking problems and overburden municipal
services. The Board finds that current zoning law provisions are inadequate
to halt the proliferations of such conditions and that public health,
safety, welfare and good order and governance of the Town will be
enhanced by the enactment of the regulations set forth in this section,
which regulations are remedial in nature and effect.
(2)
Intent. These regulations intend to protect the health and safety
of Town residents and visitors as follows:
(a)
Prevent unregulated tourist or transient-oriented uses within
all permitted and preexisting nonconforming single-family, two-family
and multifamily dwellings and in residential districts and traditional
residential neighborhoods; and
(b)
Protect and preserve the Town's appropriately balanced commercial
and residential nature and unique, tranquil neighborhood character
as enacted by the Town's zoning, subdivision, property maintenance
and related local laws; and
(c)
Protect and ensure the safety of its current and future residents
as well as those traveling to or visiting in the Town; and
(d)
Prevent to the greatest extent practicable public safety risks,
including but not limited to, noise, trash, traffic, and parking impacts
associated with unregulated short-term rental of residential dwellings.
B.
APARTMENT
IMMEDIATE FAMILY MEMBER
LIVING ACCOMMODATION
MONETARY COMPENSATION
MULTIPLE DWELLING
OCCUPANT
OFFER TO RENT
PERSON
PREMISES
PREMISES OWNER
SHORT-TERM RENTAL
TRANSIENT
Definitions. Unless otherwise expressly stated, the following terms
shall have, for the purpose of this section, the following meaning:
That part of a multiple dwelling consisting of one or more
rooms containing at least one bathroom and arranged to be occupied
by the members of a family, which room or rooms are separated and
set apart from all other rooms within a multiple dwelling.
Parent, grandparent, child, grandchild, sibling, spouse,
domestic partner, and any other immediate relative by blood, marriage,
or adoption (i.e., cousin, niece, nephew, aunt, uncle, in-law, and
stepchild).
A dwelling or premises or portion thereof with a bed or beds
and bathroom facilities for the use of the person or persons occupying
the dwelling, premises, or portions thereof.
Payment by cash, check, money order, credit card, bitcoin,
barter, or other valuable consideration.
A dwelling which is either rented, leased, let or hired out,
to be occupied or is occupied as the permanent residence or home of
three or more families living independently of each other and is occupied
for permanent residence purposes. "Multiple dwelling" shall include
apartment dwellings.
A person, other than the premises owner of record filed in
the Orange County Clerk's Office or an immediate family member of
the premises owner, occupying living accommodations with the premises
owner's express or implied consent.
To personally or through an agent, referral service, representative
or other entity or person, communicate or advertise, verbally, in
writing, or through electronic means or otherwise, including the Internet,
the availability for rental or similar use of any living accommodations,
or to knowingly allow, commission, authorize, or permit such communication
or advertisement.
Any individual, partnership, corporation, joint limited liability
company, limited liability company, trust or other entity, stock association,
and includes any trustee, receiver, assignee, or personal representative
thereof, including but not limited to any booking or reservation service,
lawful lessees, and premises owners.
Immovable property owned or leased by the premises owner
or lawful lessee, as applicable.
A person having lawful ownership title or interest to the
premises or an immediate family member of said person.
A dwelling unit that is rented, in whole or in part, to any
person or entity for a period of less than 29 consecutive nights.
"Rental" means an agreement, written or oral, granting use or possession
of a residence, in whole or part, to a person in exchange for monetary
compensation. "Short-term rental" shall also mean the selling of shares,
time-share ownership or the establishing of other ownership, tenancy
or use arrangement in which a person obtains a right of occupancy
in all or any portion of a residential dwelling unit.
A rental period of 29 nights or less.
C.
Short-term rentals prohibited.
(1)
It shall be unlawful for any person in any residentially zoned
district within the Town to rent or license, or offer to rent or license,
any living accommodations for monetary compensation or other valuable
consideration for a period of less than 30 consecutive nights if the
living accommodations are not lawfully licensed or permitted for such
use under the Town Zoning Code.
(2)
No occupant, visitor, or other may use, reside, dwell, or otherwise
remain in any living accommodations for a period of less than 30 consecutive
nights in exchange for monetary compensation or other valuable consideration.
(3)
Any provision of a lease or rental agreement purporting to waive
any provision of this section is unlawful.
(4)
Nothing in this section shall be construed as invalidating or
impairing the operation of or the right of a landlord to restrict
occupancy in order to comply with federal, state or local laws, regulations,
ordinances, or codes.
(5)
A person or entity (including a principal of any entity) who
rents property from a premises owner or lawful lessee who is in violation
of this section shall be deemed to be an accessory to the offense
provided herein.
(6)
Any person who shall violate any provision of this section shall first receive a warning of said violation from the Building Inspector. Each violation issued thereafter shall be subject to the penalties set forth in § 235-84, titled "Penalties for offenses."
(7)
In addition to the criminal penalties contained herein, it shall
be the right of the Town to seek injunctive relief in any civil court
having jurisdiction over this matter to prevent any violation or violations
of this section.
D.
Applicability.
(1)
The prohibition on short-term rentals shall apply to all single-family,
two-family, and multiple-family residential dwellings within the Town.
(2)
The prohibition on short-term rentals shall not apply to a commercial
hotel/motel business or bed-and-breakfast establishment operating
exclusively as such and which is lawfully licensed or permitted for
such use pursuant to the Town Zoning Code and regulated by applicable
state, county and local law or ordinance.
(3)
The prohibition on short-term rentals shall not preclude the
creation of a mortgage, lien, easement or other similar interest that
encumbers a residential property as a whole to secure a loan or for
any other legitimate purpose.
[Added 4-28-2003 by L.L. No. 2-2003]
A.
Purpose. The Town Board of the Town of Blooming Grove
hereby finds and declares:
(1)
There is a need in the Town of Blooming Grove
for housing developments located and designed to meet the needs of
senior citizens, to be known as "senior housing." Such housing can
contribute to the dignity, independence and meaningful activity of
senior citizens in their retirement years. It is recognized that housing
for the elderly, if not properly located, constructed and maintained,
may be detrimental to the general welfare, health and dignity of the
occupants of such developments and to the Town at large.
(2)
Senior citizens have different needs than the
population as a whole. These needs may include support services, such
as central food service, social services and referral consultation,
medical services, housekeeping assistance and central laundry. Senior
citizens also need to be provided with a comfortable, independent
and supportive setting where they can move when a single-family residence
is no longer appropriate.
(3)
Senior housing developments can be integrated
into existing or planned communities or neighborhoods if properly
planned, constructed and maintained. A senior housing development
that blends into the fabric of the community has a much higher degree
of acceptance by neighbors, and the senior citizens who live there
find it much easier to become a part of the community as a whole.
(4)
The Town of Blooming Grove has determined that
the most appropriate means to fulfill the purposes of this section
is to establish Senior Housing (SH) Floating Districts by zoning amendment.
(5)
The purpose of the Senior Housing (SH) Floating
District is to enable the Town Board to permit, on a case-by-case
basis, senior housing that satisfies the need for such developments
in locations appropriate for the residents and surrounding land uses.
Any use, other than the uses specifically enumerated herein, shall
be prohibited in an SH Zone.
(6)
The granting of authority to establish a senior housing development shall be subject to the conditions set forth below, the site plan review requirements of § 235-55 of the Town Zoning Law, and such other reasonable conditions as the Town Board, in its discretion, deems appropriate. The Town Board shall possess the authority to grant a waiver or modification from the requirements of this section.
B.
Application procedure.
(1)
Application for the establishment of an SH District shall be made to the Town Board pursuant to the zoning amendment provisions of Article XIX of the Town Zoning Law. The application for SH District designation shall include a sketch plan showing the approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas and other proposed facilities. The Town Board may, in its sole discretion, reject an application for an SH District at any time prior to final adoption of a zoning amendment.
(2)
Within one year of the date that the Town Board adopts a zoning amendment creating an SH District, the applicant shall apply to the Planning Board for site plan approval in accordance with § 235-55 of the Town Zoning Law. The Planning Board shall grant site plan approval or site plan approval with conditions if it finds that the site plan satisfies the standards and criteria in this section and § 235-55 of the Town Zoning Law and that the site plan is substantially similar to the sketch plan approved by the Town Board. If a period of more than one year passes between Town Board approval of the SH District and submission of a site plan application, the SH designation shall lapse, and the property shall revert to its prior zoning classification unless the SH designation is extended by resolution of the Town Board.
(3)
In addition to the application requirements of Article XIX of the Town Zoning Law, applications must be accompanied by a completed full environmental assessment form (EAF) or a draft environmental impact statement (DEIS) pursuant to the State Environmental Quality Review Act (SEQR).
(4)
A fee of $500 shall accompany each application
under this section. In addition, in the event that an application
requires the Town to incur expenses for technical assistance in the
review of an application, this section shall require the applicant
to pay the reasonable expenses incurred by the Town and to deposit
said necessary covering funds prior to the cost being incurred. Technical
assistance shall be defined as, but not limited to, those services
provided by the Town's Engineer, Planner, Attorney and other professional
planners, licensed engineers, licensed landscape architects, licensed
attorneys, licensed land surveyors and licensed property appraisers.
(5)
A certified copy of the corporation papers of
an applicant, requesting a senior housing designation under this section,
shall be supplied to the Town's Attorney for the purpose of review
and comment on compliance with the purposes and intent of this section
and any other relevant provision of law.
(6)
Upon the granting of a senior housing (SH) zoning
designation and all other approvals from regulatory agencies, including
Planning Board approval, the applicant may obtain a building permit
and commence construction.
(7)
The occupancy for a senior citizen housing development
shall be limited to persons who are 60 years of age or older, with
the following exceptions:
(a)
A husband or wife under the age of 60 years
who is residing with his or her spouse who is age 60 years or older.
(b)
One adult under the age of 60 years per dwelling
unit will be admitted as a permanent resident if it is established
that the presence of such person is essential for the physical care
or economic support of the eligible older occupant or occupants.
(c)
An adult 55 years of age or older will be admitted
as a permanent resident if it is established that the person is disabled
in a manner recognized by the federal Americans with Disabilities
Act.
(d)
Certifying documentation of the requirements
of this section shall be provided in the following forms:
[1]
A certificate of occupancy shall be required
for each dwelling unit in a senior citizen housing development, and
said certificate shall only permit occupancy in accordance with the
requirements as stated herein.
[2]
A certificate of compliance shall be filed for
each unit occupied. It shall be the duty of the owner or his agent
to file a certificate of compliance with the Town Building Inspector,
indicating compliance with this section and the Town Zoning Law, as
amended, as to its requirements relating to the number of occupants
and the age of the occupants in each dwelling unit. The certificate
shall be filed for each dwelling unit within 30 days after its initial
occupancy. A new certificate shall be filed within 30 days after any
change of occupancy.
[3]
The applicant and/or owners of a development
under this section shall file with the Building Inspector, before
the first Monday in December of each calendar year of operation, a
report on forms supplied by the Building Inspector, for compliance
with all provisions of this section.
(8)
First preference for dwelling units in a senior
citizen housing development shall be given to existing residents of
the Town of Blooming Grove, second preference to parents of homeowners
in the Town of Blooming Grove, third preference to other residents
of Orange County, as permitted by law. Proof of residency, such as
a driver's license or voter registration card, will be accepted to
determine residency.
C.
Uses. Senior housing needs vary depending upon an individual's age and health. A common prerequisite is a comfortable, independent and supportive setting to which one can move when one's residence is no longer appropriate. Senior housing developments may provide a variety of dwelling types in accordance with Subsection C(1) of this section. In reaching its decision to approve or deny a Senior Housing Floating District, the Town Board may consider the degree to which the senior housing development provides for a variety of the enumerated dwelling types.
(2)
Certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units. Such ancillary facilities are important to the success of a senior housing development but shall be subordinate to the residential character of the development and, to the maximum extent feasible, shall be located out of public view with no outside advertising. Approval of a site development plan for dwelling units in a senior citizen housing development does not constitute approval for installation of any type of related facility. In reaching its decision to approve or deny a Senior Housing Floating District, the Town Board may consider the degree to which the senior housing development provides for a variety of the enumerated ancillary facilities. The following facilities may be approved by the Planning Board pursuant to § 235-55 of the Town Zoning Law:
(a)
Cafeteria.
(b)
Self-service laundry.
(c)
Lounge.
(d)
Game room.
(e)
Recreation room.
(f)
Exercise or multipurpose room.
(g)
Workshop.
(h)
Library.
(i)
Sauna/spa whirlpool.
(j)
First-aid clinic. (NOTE: First-aid clinics may
include an office for a part-time doctor, dentist or podiatrist to
visit once or twice a week.)
(k)
Social service office. (NOTE: Such office shall
be for use by social service providers or others offering direct assistance
to residents only to the extent that they meet the needs of the residents
of the development).
(l)
Twenty-four-hour security.
(m)
Guest accommodations.
D.
Design standards and bulk requirements. In considering
designation of an SH District, the Town Board be guided by the following
standards:
(1)
The design of the senior housing development
shall be as compatible as practical with the design or appearance
of the surrounding neighborhood or area.
(2)
The following dimensional requirements are applicable
to all SH Districts created by this section; provided, however, that
the Town Board may vary the requirements where appropriate (except
for lot size, maximum building coverage and maximum site development)
so that the senior housing development will conserve the environment,
preserve or foster neighborhood character, preserve open space or
provide senior housing development in a manner deemed appropriate
by the Town Board:
(a)
Minimum lot size: 10 acres.
(b)
Maximum lot size: 200 acres.
(c)
Minimum lot width: 400 feet.
(d)
Minimum road frontage: 400 feet.
(g)
Maximum building height: 35 feet.
(h)
Maximum building coverage: 20%.
(i)
Maximum site development: 40%. (Note: This includes
all buildings, structures, walks, parking areas, driveways, and roads
and all other impervious surfaces.)
[Amended 12-27-2005 by L.L. No. 7-2005]
(j)
Minimum distance between buildings: as determined
at the time of site plan approval by the Planning Board. Consideration
shall be given to fire access, solar orientation, building massing
and other relevant factors in determining an appropriate distance
between buildings.
(k)
Density: Six dwelling units per gross acre.
(3)
The maximum number of units per building shall
not exceed 16 unless otherwise approved by the Town Board.
(4)
Sites shall be located in an area suitable for
residential purposes and shall be reasonably free of objectionable
conditions, such as industrial odors, noise and dust.
(5)
Senior housing developments shall preserve,
to the greatest extent practical, mature trees, rock outcrops, slopes,
wetlands and stream corridors.
(6)
All senior housing shall be located so that
adequate resources, environmental quality and public facilities, including
water supply, waste disposal and fire protection, are available.
(7)
Senior housing sites shall provide residents
with reasonable access to such conveniences and facilities as public
transportation, hospital and medical services, shopping, check-cashing
facilities, drugstores, religious, cultural and recreational facilities
and personal services.
(8)
Sites shall emphasize pedestrian circulation
and shall provide a safe and reasonable system of drives, service
access and parking conveniently accessible to all occupants. Sidewalks
shall link parking lots, transit stops and buildings on site and with
adjacent properties.
(9)
Parking.
(b)
Overflow parking area specifications shall be
designated by the Planning Board. All other parking areas shall be
curbed, striped and have direction-of-travel lanes painted over blacktop.
Minimum paving specifications shall be designated by the Planning
Board. Parking areas shall be separated by a planted or landscaped
strip between such areas and sidewalks. No vehicles, other than passenger
vehicles or vans, and no more than two vehicles per household shall
be permitted to park overnight. Where garages are provided, they may
offset such off-street parking area requirements and shall conform
architecturally to the principal buildings.
(10)
Each parking space shall be a minimum of 10
feet wide and 20 feet deep with 24 feet of aisle space. Five percent
of the total number of parking spaces shall be 12 feet wide and designated
for handicapped residents. Properly located short-term parking shall
be provided for residents dropping off groceries or passengers. All
parking shall be placed at the side and rear of buildings.
(11)
All exterior lighting shall be subject to approval
by the Planning Board.
(12)
Landscaping shall be provided in accordance
with the site plan approved by the Planning Board. Additional requirements
include planting of street trees along all streets at a maximum average
spacing of 30 feet (but no closer than 15 feet to intersections) on
center. Trees shall have a minimum caliper of three inches at the
time of planting. When no lane of parking is provided along streets,
trees shall be planted between the sidewalk and the travel lane at
a minimum of 2 1/2 feet from the edge of the street. For all
parking areas, landscaped areas shall comprise a minimum of 20% of
the total parking lot area. Use of native species and low-maintenance
plants is encouraged. Gardens where residents can participate in gardening
activity are also encouraged.
(13)
The minimum floor area for dwelling units is
715 square feet.
(14)
No more than 40% of the dwelling units shall
be two-bedroom units. No dwelling unit shall contain more than two
bedrooms, except that one dwelling unit for each superintendent may
contain up to three bedrooms. A minimum of 5% of the dwelling units
shall be set aside for permanently handicapped persons and shall be
designed for their occupancy.
(15)
Exterior architectural features shall be of
a quality, character, compatibility and appearance that is in harmony
with the surrounding neighborhood and the Town and will not adversely
affect the general welfare of the inhabitants of the Town. The Architectural
Review Board shall be responsible for the review and approval of such
exterior architectural features.
(16)
Exterior areas shall be attractive and encourage
outdoor activities and social interaction. Each dwelling unit shall
contain a minimum of 65 square feet of outdoor common area. Seating
accommodations that call for conversation shall be provided in such
common areas. All outdoor tables must allow a minimum of 29 inches
from the ground to the underside of the top of the table to accommodate
the arms of wheelchairs. Outdoor common areas shall be well-defined
by landscape plantings and shall be linked to the natural open space
of the site.
(17)
Measures shall be taken to reduce the transmission
of noise, such as the use of suitable materials (i.e., carpeting and
acoustic baffling) and methods of construction, the location of buildings
and the arrangement of dwelling units within the buildings.
(18)
Senior housing developments should avoid the
use of numerous long corridors which can disorient residents. Color
coding of walls and floors in interior common areas, graphics and
plant placements are the preferred means to help residents easily
distinguish one area from another.
(19)
Additional design and construction requirements
shall include the following:
(a)
Entryways should not open directly into a bathroom
or bedroom but should be directly accessible to the kitchen, living
room and storage.
(b)
Living areas should be designed to allow for
a variety of furniture arrangements. Windows should be carefully placed
to expand furniture options and to permit interesting views outside
from reclining and standing positions. Living areas should be directly
accessible to dining areas.
(c)
Dining areas should be spatially separated from
the kitchen area. Each dining area should contain sufficient space
to accommodate four people. Dining areas should be open to natural
light and have views of the outside.
(d)
Bedrooms should be designed to afford outside
views from a reclining position. Every bedroom should be designed
to accommodate two beds or one double bed, one dresser, one chair
and two night stands.
(e)
Kitchens should be screened from entry and living
areas. Either L- or U-shaped kitchens are preferred with a minimum
width of 60 inches. Kitchen faucets should have one-handed control
of water taps.
(f)
Bathroom safety is a key consideration. All
bathrooms shall avoid sharp surfaces and slippery floor surfaces;
shall provide backing for full grab-bar installation (but remain uninstalled
unless necessary); have doors that open out; and have one-handed control
of water taps. Each bathroom shall have a toilet, lavatory and a bathtub
or stall shower with a built-in bench or room for a bath stool. Bathrooms
should have direct access to bedrooms and direct or indirect access
between the bathroom and living room. Bathroom thresholds shall be
flush with the floor.
(g)
All plumbing fixtures, accessories and trim
shall be selected for and provide the maximum features of design to
contribute to the safety, convenience and aid to older persons.
(h)
At least 10% of the floor area of each multifamily
building shall be set aside for community space, including lounges,
workshops, game rooms and other facilities designed for the residents.
(20)
Signs shall be permitted in accordance with Article XII of the Town Zoning Law with the following exceptions:
(a)
A maximum of two on-premises signs, identifying
the senior housing development, shall be permitted. The signs can
be either freestanding or attached to a structure.
(b)
The total combined area of both senior housing
development signs shall not exceed 20 square feet. Such signs shall
not exceed six feet in height and must be set back at least 15 feet
from the edge of pavement.
(21)
Each dwelling unit shall be equipped with a
fire alarm system that provides an exterior light designating the
unit initiating the alarm. The system shall have an exterior alarm
in accordance with all applicable requirements. A fire alarm system
shall also be provided for all common areas (e.g., halls, recreation
areas, service areas). An external fire warning light should be on
the face of the building that is visible from the street for each
building.
(22)
The Town Board shall have the right to require
the applicant to dedicate to the Town all new water supply and wastewater
systems, streets and recreational areas.
E.
Severability. If any section, subsection, paragraph,
clause, phrase or provision of this section shall be judged invalid
or unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this section as a whole
or any part thereof other than the part or provision so judged to
be invalid or unconstitutional.
F.
Exclusions. This section does not permit nursing homes,
convalescent homes, private proprietary homes, homes for the aged
or any other facilities regulated and licensed by the New York State
Department of Health under the Public Health Law of the State of New
York.
G.
Responsible party. In senior housing developments,
one person shall be designated as a responsible party and shall be
the informational center for the complex. The designated responsible
party shall be on duty a minimum of four hours per day and shall have
an emergency number posted 24 hours per day.
H.
APPLICANT
CONGREGATE HOUSING
CONVENTIONAL LAYOUT
DENSITY
OPEN SPACE
PARKING AREA
PARKING LANE
PARKING SPACE
SIDEWALK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any person, corporation or other entity applying for a senior
housing (SH) zoning designation.
Housing where each resident has an individual, usually private,
housing unit which contains a sitting space, kitchen and bathroom,
in addition to a bedroom. A resident may share a common kitchen, dining
room and living room with one or more residents. In "congregate housing"
developments, services provided shall include but not be limited to
central food service, social service and referral consultation, housekeeping
assistance and central laundry.
A plan illustrating the total number of residential dwellings
that could be developed on a site using the zoning requirements of
the existing zoning district and excluding unbuildable areas.
The permitted number of dwelling units per gross acre of
land to be developed.
Any area of land or water essentially unimproved and set
aside, dedicated, designated or reserved for recreation or conservation
or left in its natural state.
The minimum area required for meeting the parking requirements
of the senior housing development plus landscaping.
A lane, usually located on the sides of streets, designed
to provide on-street parking for vehicular traffic.
An area provided for the parking of a motor vehicle.
A paved path provided for pedestrian use.
