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Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[Added 7-15-1999 by L.L. No. 2-1999]
In a Specialized Senior Housing Facility District, the following regulations shall apply. No building may be erected or used and no lot or premises may be used except for the following:
A. 
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section when and if authorized by the Board of Trustees pursuant to the provisions of Article XXIX:
(1) 
Specialized senior housing facilities.
B. 
Nothing contained herein shall be construed to give any right or presumption of right to a special use permit to any applicant. Such a special use permit shall not be issued unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards of Article XXIX. Moreover, in connection with the issuance of any special use permit for a specialized senior housing facility, the applicant shall provide to the Board, in addition to any other required information, all requested and necessary information concerning the operator of said facility, including but not limited to name; address; telephone number; state and date of incorporation, if a corporation; name and address of officers and/or managing principals; name and address of owners and principals, except that, in the case of a corporation, only the name of shareholders holding more than 5% ownership interest need be provided; prior experience in the operation of such facilities; and a listing of any administrative or judicial proceedings pending or instituted within the prior seven years relating to the construction or operation of such a facility by the operator or its officers or principals. It shall be a specific condition of any special use permit issued for a specialized senior housing facility that the facility be constructed and operated in compliance with all applicable governmental licensing requirements.
A. 
The minimum lot size shall be two acres.
B. 
Maximum density: the number of units shall not exceed 62 units per acre.
C. 
The minimum lot width shall be 100 feet, and the minimum lot depth shall be 400 feet.
A. 
There shall be a front yard with a depth of not less than 55 feet; a rear yard, the depth of which shall not be less than 75 feet; and a side yard on every other side of the lot, the depth of which side yard shall not be less than 25 feet.
B. 
Permitted encroachments in side yard or side yard street frontage: gazebos, colonnades, arbors or other similar decorative architectural features shall be permitted. Said encroachments shall not extend more than five feet into any permitted side yards. However, terraces, patios or parking may encroach up to the required ten-foot buffer.
C. 
Permitted encroachments in front yard setback.
(1) 
Entrance canopies not exceeding one story in height shall be permitted.
(2) 
Parking, provided that no more than 10% of required parking is located in the front yard, and provided that, in the opinion of the Superintendent of Buildings, said front yard parking does not block sight lines of traffic and pedestrians entering and exiting the premises.
D. 
Where a property is a corner lot, only one front yard shall be required. That front yard shall be determined as being the yard fronting on the street of least site dimension. The other street frontage shall be considered to be a side yard.
A. 
No specialized senior housing facility shall exceed five stories with a maximum height of 58 feet, except that height limitations shall not apply to ventilators, skylights, water tanks, bulkheads or similar features, a radio and television antenna installation for the use of all of the residents and necessary mechanical appurtenances usually carried above roof level.
B. 
However, such feature shall be erected only to a height necessary to accomplish the purpose it is intended to serve but in no case more than 14 feet above its lowest point of contact with the roof. Chimneys will be permitted to exceed the fourteen-foot height limitation.
C. 
The total area covered by such features exempted from the height limit shall not exceed, in cross-sectional area, 25% of the area of the roof on which they are located.
D. 
All such features shall be enclosed within walls of material and design in harmony with the main walls of the building on which they are located.
A. 
No special use permit shall be issued for a specialized senior housing facility where any residential unit in such facility is less than 320 square feet or where, in the case of double occupancy, any residential unit provides less than 200 square feet per occupant, or where any residential unit is less than 14 feet in width. Additionally, no residential unit in any such facility shall be occupied by more than two persons, regardless of the number of bedrooms in such unit, and no more than 20% of all residential units in such a facility shall have double-occupancy. The square feet of a residential unit with regard to this provision shall be calculated by calculating the square footage of all areas within the demising walls of each individual unit.
B. 
The requirements set forth in § 248-265 that a special use may not be within 150 feet of a single-family or two-family dwelling may be modified by the Village Board with regard to a specialized senior housing facility. The Village Board may in its discretion permit the erection of specialized senior housing facility structure which is located a distance of at least 75 feet from the nearest single-family or two-family dwelling structure.
A. 
Every lot used in whole or in part for a specialized senior housing facility shall have a minimum of 5% of the lot area of open space allotted, designed appropriately, developed and maintained for recreational use of the occupants of the facility.
B. 
Such open space shall be of such location and dimension that it is in fact usable by the occupants of the facility for recreation.
C. 
No recreational space shall be located in any required front yard.
D. 
Recreational open space shall be at least 10 feet away from any adjoining area, which 10 feet shall be screened with evergreen planting of such height, spacing and type as approved by the Planning Board and shall be maintained in good condition throughout the life of the use of the lot.
No specialized senior housing facility shall cover more than 25% of lot area at ground level.
A. 
Specialized senior housing facility.
(1) 
There shall be required .6 space per dwelling unit.
(2) 
When a specialized senior housing facility is authorized as a special use, spaces shall be reserved for the physically handicapped and be located in close proximity to the front entrance. Such spaces shall meet state and federal requirements for the handicapped.
B. 
No more than 10% of the required parking spaces shall be located in the front yard.
C. 
Except for parking areas, driveways and sidewalks, as approved by the Planning Board, on the site plan hereinafter provided, all other areas shall be lawn and landscaped areas.
D. 
All lawns and other landscaped areas shall be equipped with adequate underground watering systems.
A. 
All outdoor parking areas abutting residential areas shall be screened with evergreen plantings of such heights, space and type as shall be approved by the Planning Board, and there shall be such planting of trees within the parking area as will assist in screening the overall effect of such parking area from the surrounding residential areas. The buffer strip shall not be less than 10 feet in depth and shall contain a fence six feet in height along the buffer area with the finished side facing the more restrictive area.
B. 
Required buffers. Along a side yard street frontage and when abutting residential property lines, a planted buffer zone 10 feet zero inches in depth shall be provided. Parking shall be permitted in a side yard street frontage but not within the required buffer zone.
All exterior lighting shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent property or from the street.
No specialized senior citizen facility at provided for herein shall be permitted unless provided with municipal sewerage, or unless an independent sewage disposal facility approved by the Nassau County Department of Health is constructed for the sanitary disposal of sewage of such building. Stormwater disposal shall conform to Nassau County standards.
Rubbish and garbage disposal facilities must be approved by the Planning Board.
Except as exempted by § 248-252 of this chapter, no building permit shall be issued and no building or use shall be established, except in conformity with a site development plan approved by the Planning Board, in accordance with Article XXVIII of this chapter.
The planning and development of buffer and landscaped areas in accordance with standards, specifications and procedures acceptable to the Planning Board or other appropriate Village department designated by the Planning Board shall be prerequisite to the issuance of a certificate of occupancy or, alternatively, that a performance bond sufficient to cover the full cost of the same, as estimated by the Planning Board, shall be furnished to the Village by the owner.
All elevators shall be equipped with an adequate security safety device as approved by the Planning Board.
Any open balconies shown on elevations shall be built with solid opaque front and shall be maintained as shown on the approved plans. No enclosures may be made in future alterations.