Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 11-20-1978 by L.L. No. 8-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 109.
Zoning — See Ch. 335.
The purpose and intention of this chapter is to provide rules, regulations and standards for the establishment of group homes intended for the care of persons referred from institutions for the purpose of rehabilitating them in a community atmosphere or neighborhood setting. This chapter shall apply to all types of group residences, family care homes, hostels or halfway houses, whether sponsored by federal, state or private auspices, the objective being to provide for the improvement of the village and its future growth, protection and development and to afford adequate facilities for public housing, comfort, convenience, public health, safety and general welfare of the village population.
A. 
All family care homes, as described above, shall be permitted in the Residence R-2 District only, and then after a public hearing held at the direction of the Village Board. An application for a special permit to operate such a facility shall be made through the Building Inspector and shall be accompanied by an application to the Building Inspector for the necessary permit.
B. 
After said application has been referred to the Board of Trustees, it shall fix a date, time and place of the public hearing, and it shall give due notice thereof in accordance with the provisions of the Village Law. The Board of Trustees, in acting upon an application for such a permit, may approve same if it shall determine that:
(1) 
The facility complies with all federal and state standards and with the Building and Zoning Law of the Village of Elmsford.[1]
[1]
Editor's Note: See Ch. 109, Building Construction and Fire Prevention, Part 1, Building Code, and Ch. 335, Zoning.
(2) 
The facility has at least 10,000 square feet.
(3) 
The facility complies with all Fire Department regulations and the Village of Elmsford Fire Code.[2]
[2]
Editor's Note: See Ch. 109, Building Construction and Fire Prevention, Part 2, Fire Prevention Code.
(4) 
There is provided at least one parking unit for each resident over the age of 16.
(5) 
All stairways shall be protected by two two-hour-fire-rated walls on all sides.
(6) 
Cellar stairways and boiler rooms shall be enclosed with eight-inch concrete blocks and also contain a fire-rated self-closing door rated A or two hours.
(7) 
All bedrooms shall contain a smoke detector in each bedroom, and any floor not used for sleeping shall have one smoke detector operated by electricity, not batteries.
(8) 
No such facility shall be permitted within 1,500 feet of any other such facility.
(9) 
All such facilities shall contain a front and rear exit to every floor.
(10) 
Each such facility shall contain a recreation room containing a minimum of 200 square feet for every person living in the building or 3,000 square feet for exclusive use by the residents of such facility.
C. 
Upon the finding that such general and special standards have been met, the Board of Trustees may grant such special permit and, in doing so, may impose further standards and conditions, including a limitation of time if the same is deemed necessary to accomplish the reasonable application of said standards and in order to protect the interests of the general public as well as the interest of neighboring properties.
D. 
All such permits shall be issued upon the express condition that said facility shall be maintained in such a manner as not to constitute a public nuisance. A violation of such condition shall result in a revocation of such permit.
E. 
The required space for all residential care facilities shall be as follows:
(1) 
For each resident under 12 years of age: 200 square feet.
(2) 
For each resident between 12 years and 17 years of age: 300 square feet.
(3) 
For each resident 18 years of age or older: 150 square feet.