The Town Board of the Town of North Greenbush finds that it
is in the best interests of the Town to provide for proper housing
of the Town's senior citizens. It is hereby recognized that the Town
has a high proportion of senior citizens living on fixed or limited
incomes, many with physical restrictions along with the accelerating
costs of maintaining a single-family residence, and the Town Board
deems it necessary to provide for such housing within the Town.
The purpose of this article is to amend the Zoning Code of the
Town of North Greenbush by adding a new zoning district to be known
as "SC Senior Citizens Housing District."
This article shall be known and cited as "Senior Citizens Housing
District."
The Town Board may, after Planning Board review, public notice and hearing, pursuant to § 197-63 of the Code of the Town of North Greenbush, approve the establishment of a Senior Citizens Housing District. Such district may be established in any existing zone. Approval of the district shall be subject to the following conditions.
A.
In a Senior Citizens Housing District no building, premise or part
thereof shall be used, erected, altered or occupied except for dwelling
units especially designed for senior citizens and handicapped persons.
B.
Occupancy within a Senior Citizens Housing District is limited to
senior citizen or handicapped families and to handicapped persons,
as defined and discussed below, regardless of race, creed, color,
religion or sex.
(1)
A "senior citizen or handicapped family" means:
(a)
Families of two or more persons, the head of which (or his or
her spouse) is 62 years of age or over or is handicapped;
(b)
The surviving member or members of any family described in Subsection B(1)(a) above, living in a Senior Citizen Housing District with the deceased member of the family at the time of his or her death;
(c)
A single person who is 62 years of age or over or a handicapped
person between the ages of 18 and 62; or
(d)
Two or more senior citizen or handicapped persons living together,
or one or more such persons living with another person who provides
essential care to said senior citizen or handicapped persons based
upon a certification of such by a licensed physician provided by the
tenant family or prospective tenant family.
(2)
A "handicapped person" means:
(a)
Any adult having an impairment which is expected to be of long-continued
and indefinite duration, is a substantial impediment of his or her
ability to live independently and is of a nature that such ability
could be improved by more suitable housing conditions; or
(b)
A person who is developmentally disabled, i.e., if he or she
has a disability attributable to mental retardation, cerebral palsy,
epilepsy, autism or another neurological condition found by the United
States Secretary of Health and Human Services to be closely related
to mental retardation or to require treatment similar to that required
for mentally retarded individuals, which disability originates before
such individual attains age 18 and which constitutes a substantial
handicap to such individual.
(3)
Nothing herein contained is intended to prevent the occupancy of
a dwelling unit by a person employed as a resident custodian who is
not otherwise eligible to reside within a Senior Citizens Housing
District, along with such custodian's immediate family.
C.
Buildings, accessory buildings or portions thereof shall meet the
New York State Uniform Fire Prevention and Building Code for the handicapped.
D.
The following special restrictions and regulations apply only to
Senior Citizens Housing Districts:
(1)
The minimum required plot area for a Senior Citizens Housing District
shall be two acres.
(2)
The total building area, including accessory buildings, shall not
occupy more than 40% of the total lot area. Accessory buildings shall
not occupy more than 5% of the total lot area.
(3)
The maximum density shall be 20 dwelling units per acre.
(4)
The minimum habitable space shall be 500 square feet for apartment
units and 600 square feet for single-family attached dwellings. Each
dwelling unit shall contain at least one bedroom, except efficiency
units, which may combine a bedroom and living room into a single room.
In such case, the minimum habitable space shall be 415 square feet.
(5)
Building height shall not exceed the height limit of the zoning district
designation in effect at the time of Senior Citizens Housing District
zoning application, unless the building is preexisting.
(6)
Buildings or portions thereof shall be set back from property lines
a minimum of 40 feet in front and 40 feet in the side and rear yards.
(7)
Driveways and interior roadways shall not be closer than 20 feet
to property lines, except for entrances and exits.
(8)
Parking area location shall be approved by the Planning Board of
the Town of North Greenbush as part of its site plan review.
(9)
On-site parking shall be provided at a rate of not less than one
parking space for each 1 1/2 units.
(10)
A 10% minimum of the parking area shall be landscaped with trees,
grass, shrubs or other planting material. A complete landscaping plan
indicating all proposed planting shall be part of the site plan review
process.
(11)
Site plan review and approval by the Town Planning Board as provided by Chapter 155 of the Town Code shall be required.
(12)
No business or commercial establishments shall be permitted
except coin-operated vending and/or service machines for the benefit
of the tenants, with a total area thereof not to exceed 500 square
feet.
(13)
Additional site development programs may be directed by the
Town Board and/or its designee for any specific site and may be required
to be formalized as deed covenants and restrictions.
Any rezoning permitted by this article shall be null and void
and the zoning of the parcel described therein shall revert back to
its original zoning classification unless a building permit is applied
for and actual construction commenced within two years from the date
of adoption of any rezoning.
