Purpose. This use is established for permitting the establishment of a specialized, assisted living development for the elderly. In such development, accommodation can be made for the range of needs of those elderly who neither want nor need placement in a hospital or nursing home. Assisted living facilities shall be designed to achieve compatibility with their surroundings and to encourage orderly and well-planned development. Assisted living facility developments shall be of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities so as to achieve development which is environmentally, physically, visually and economically sound.

Definitions. As used in this article, the following terms shall have the meanings indicated:

Conflicting standards. Where the requirements of this article impose a different restriction or requirement than imposed by other sections of the Code of the Village of Lake Grove, other applicable rules or regulations, the requirements of this article shall prevail to the extent same is permitted by law. In the event a state, town, county or other local law is deemed to supersede this article, then the state, town, county or other local law shall prevail.

Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this article shall not affect the validity of any other part of this article that can be given effect without such invalid part or parts.

Effective date. This article shall take effect immediately upon its adoption and filing with the Secretary of State.

A building may be erected and premises may be used only for the purposes set forth in this section.

Nothing contained herein shall be construed to give any right or presumption of right to any applicant. Such a special use shall not be issued unless the Board of Trustees has made a determination that such a use is warranted under the standards of this article. Moreover, for an assisted living facility, the applicant shall provide to the Board, in addition to any other required information, any 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 ten-percent 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 an assisted living facility that the facility be constructed and operated in compliance with all applicable governmental licensing requirements.

Permitted accessory uses. The following accessory uses shall be permitted in conjunction with an assisted living facility.

The minimum lot size shall be six acres unless otherwise approved by the Lake Grove Village Board.

Maximum density: The number of dwelling units shall not exceed 25 dwelling units per acre. A dwelling unit shall consist of a studio, one bedroom or two bedrooms in design.

The minimum lot width shall be 500 feet, and the minimum lot depth shall be 250 feet.

There shall be a front yard with a depth of not less than 40 feet; a rear yard, the depth of which shall not be less than 80 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.

Encroachments in rear yard, side yard or side yard street frontage: Gazebos, colonnades, arbors or other similar decorative architectural features shall only be permitted as approved by the Village.

Permitted encroachments in front yard setback.

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 greater site dimension. The other frontage shall be considered to be a side yard.

No assisted living facility shall exceed three stories with a maximum height of 35 feet, except that height limitations shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, mechanical appurtenances usually carried above roof level. However, such feature shall be erected only to a height necessary to accomplish the purpose it is intended to serve.

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, as close to the center as possible.

All such features shall be screened and designed in harmony with the main walls of the building on which they are located so as not to be visible.

Any and all antennas above the height restriction level must be approved by the Lake Grove Village Board.

Outdoor recreational space shall include, but not be limited to, pools, strolling gardens, walking paths, bocce courts, putting greens, shuffle board, gardens, and similar amenities.

Every lot used in whole or in part for an assisted living 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.

Such open space shall be of such location and dimension that it is in fact usable by the occupants of the facility for recreation.

No recreational space shall be located in any required front yard.

Recreational open space shall be at least 15 feet away from any adjoining buffer area, which 15 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.

Assisted living facility.

No more than 20% of the required parking spaces shall be located in the front yard.

Except for parking areas, driveways and sidewalks, pool, bocce, walkway path, gazebos, terrace, shuffleboard, as approved by the Lake Grove Village Planning Board, on the site plan hereinafter provided, all other areas shall be lawn, landscaped areas and/or left in a natural state.

Any lawns and other landscaped areas shall be equipped with adequate underground watering systems and shall be utilized to the extent as may be required to keep all shrubberies, trees and/or plantings in accordance with the site plan.

Definition. Land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way to protect property.

Any outdoor parking areas abutting residential areas shall be screened with evergreen plantings of such heights, space and type as shall be approved by the Lake Grove Planning Board, and there shall be such planting of trees within the parking area as will assist in screening the overall 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/residential area.

Required buffers. Along a side yard street frontage and when abutting residential property lines, a planted buffer area 10 feet in depth shall be provided. Parking shall be permitted in a side yard street frontage but not within the required buffer zone.

Architectural design of the assisted living facility must be approved by the Board of Trustees of the Village of Lake Grove.

There shall be only one two-sided monument sign permitted in accordance with the Lake Grove Village Zoning Code.