[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Success 9-9-2013 by L.L. No. 3-2013. Amendments noted where
applicable.]
The purpose of the Senior Living Overlay District is to enhance
the public welfare by creating a self-contained, full service community
for senior citizens with disabilities in order to provide them with
a full range of support services and continued care residence opportunities.
An applicant may submit a request for a special permit in the
form of a petition to the Board of Trustees for a Senior Living Overlay
District development within the Senior Living Overlay District.
The Senior Living Overlay District shall mean that portion of
the Village bordered by North Service Road of the Long Island Expressway
(Nassau Boulevard Extension) on the south, by Community Drive on the
east, by Lakeville Road on the west and comprising those properties
designated on the Nassau County Land and Tax Map as Section 002, Block
358, Lots 27, 28, 30 and 37.
The Senior Living Overlay District shall be considered as superimposed
on the underlying district of the properties described herein. Senior
Living Overlay District development shall conform to all other provisions
of the Zoning chapter[1] except to the extent that use, dimensional, parking, and
loading requirements are set forth in this chapter. The Senior Living
Overlay District shall not restrict owners' rights relative to
the underlying zoning district, including other overlay districts.
A.
All dwelling units within Senior Living Overlay District shall be
subject to an age restriction described in a deed, restrictive covenant,
or other document in a form reasonably acceptable to the Village Attorney
and shall be recorded at the Office of the Nassau County Clerk. The
age restriction shall limit the dwelling units to occupancy by persons
62 years of age or older. Occupancy of each dwelling unit shall be
limited to a maximum of two persons. Age and occupancy restrictions
shall not preclude reasonable, time-limited guest visitation rights.
B.
In addition to the age restriction, all dwelling units within the
Senior Living Overlay District shall be occupied by at least one person
62 years of age or older with a disability who requires assistance
with one or more essential daily living activities, such as eating,
bathing, dressing, mobility, or suffers from dementia, Alzheimer's
disease, memory or cognitive impairment, or similar disabilities.
A senior dwelling unit shall mean an area within a multifamily
building where congregate care is available by way of common meals,
housekeeping, personal services and similar assistance, consisting
of one or more rooms, including space for living and sleeping.
The following uses shall be permitted in the Senior Living Overlay
District:
A.
Age-and-disability-qualified multifamily residences in buildings
containing a minimum of 20 senior dwelling units.
B.
Support services and accessory uses to meet senior residents'
needs, including fitness centers, recreation and leisure facilities,
community centers, resident and employee locker and lounge rooms,
and food services (including kitchens, cafeterias and dining rooms).
C.
Parking and loading facilities including at-grade facilities as well
as below-grade and above-grade structured facilities.
Standards shall be as follows:
An applicant for a building permit in the Senior Living Overlay
District shall be required to pay all expenses incurred by the Board
of Trustees or other review boards for consultation fees (including,
but not limited to, engineering, architectural and legal expenses)
or other expenses in connection with the review of an application.
At the time of application, the applicant shall deposit with the Village
Clerk in a trust and agency account such amount to cover consultation
fees and other expenses as shall be established, from time to time,
by resolution of the Board of Trustees. Additional deposits may be
required from time to time. In instances where such expenses are minimal,
the requirement for reimbursement of expenses may be waived by resolution
of the Board of Trustees.
