[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.]
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:
(2)
The facility has at least 10,000 square feet.
(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.
