Monticello City Zoning Code
ARTICLE VA
Senior Citizen Affordable Housing Floating District SCAHFD
§ 280-14.1 Purpose.
The Village of Monticello hereby finds and declares:
A.
There is a compelling governmental interest in establishing housing developments located and designated for the purpose of meeting special needs of adults 55 years of age and older. Such housing can contribute to the dignity, independence and meaningful activity of our senior citizens.
B.
The Village of Monticello has determined that an appropriate means to fulfill these needs is to amend this chapter to establish a Senior Citizen Affordable Housing Floating District (SCAHFD), consisting of housing for adults over the age of 55 years that may or may not be directly supported or subsidized by a governmental agency, in accordance with the particular criteria established herein.
C.
The purpose of the SCAHFD is to enable the Village of Monticello to establish, on a case-by-case basis, housing that satisfies the need for such developments in locations where it will not detract from surrounding land uses, and to enact a flexible and specialized zoning framework to foster the growth of these developments. Any use other than the uses specifically enumerated herein shall be prohibited in a SCAHFD Zone.
§ 280-14.2 Applicability.
The SCAHFD option shall be applicable anywhere within the Village of Monticello Zone.
§ 280-14.3 Application procedure.
A.
Application for the establishment of a SCAHFD shall be made to the Village of Monticello Board of Trustees. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas, utilities and other proposed facilities.
B.
Once the Village of Monticello Board of Trustees has, in its sole discretion, accepted an application for a SCAHFD and has approved same for a particular property, the applicant shall apply to the Planning Board for site plan approval in accordance with procedures set forth in the Village of Monticello Code for said approval. The Planning Board, in considering this site plan, shall apply the zoning requirements specifically enumerated under this chapter. If a period of more than one year elapses between the Board of Trustees' approval of the SCAHFD and the submission of a site plan application, the SCAHFD designation shall lapse, and the property shall revert to its prior zoning classification.
C.
In addition to all other customary fees, a fee as set from time to time by resolution of the Board of Trustees shall accompany an application for the establishment of a SCAHFD. In addition, the applicant shall pay reasonable expenses incurred by the Village of Monticello in review of said application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 280-14.4 Development standards.
A.
No senior citizen dwelling unit shall contain more than one bedroom. Each complex may include a maintenance person's dwelling unit containing no more than two bedrooms.
B.
The occupancy of senior citizen affordable housing shall be limited to two persons who meet the definition of "senior citizen" as that term is defined pursuant to present, future or amended definitions of the governmental agency providing subsidy or support to a project or to the head of the family if they otherwise qualify. The occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.
C.
Within the senior citizen district, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as, but not limited to, cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related facility.
D.
The zoning standards set forth on the Schedule of Use, Area and Bulk Regulations attached to this chapter will apply to those proposed projects that have been approved for the SCAHFD. If not specifically enumerated therein, standard Village of Monticello zoning requirements will apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The site plan must include suitably equipped and adequately maintained recreation open space. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide group privacy. There must be a minimum of 150 square feet of usable open space per dwelling unit.
F.
There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
G.
Central refuse collections areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles, and these shall be provided with proper screening and maintenance.
H.
Where a dwelling is to be rented, the lease for said unit shall not exceed two years. As long as an occupant remains eligible and has complied with the terms of the lease, the occupant shall be offered a two-year renewal of the lease. If an occupant's annual income shall exceed the eligible income level by more than 20% and there is an eligible applicant for the unit, the occupant may complete the then-current lease term only.
I.
Occupant selection standards. The following standards shall be used to determine occupancy and will be prioritized in the order hereby enumerated:
J.
Deed restrictions.
(1)
Ownership. The title to affordable senior citizen housing shall be restricted so that, in the event of resale by the owner or any successor, the project shall remain as affordable senior citizen housing in perpetuity unless the Village of Monticello or any successor governmental agency lawfully changes this restriction.
(2)
Rental. The title to a development containing affordable senior citizen housing rental units shall be restricted so that, in the event of resale by the owner, the purchaser shall be obligated to maintain the provisions of the rent regulation agreements in accordance with Subsections H and K of this § 280-14.4, Development standards.
K.
Rent regulation and lease renewal; continued eligibility. An occupant of a senior citizen housing rental unit remains eligible for the renewal of a lease if the occupant's aggregate income at the time of the lease renewal does not exceed four times the current rental ceiling rate for the occupant's unit or as described or set forth by state and/or federal law.
L.
Improvements restriction. The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits necessary.
§ 280-14.5 Duration of approval.
A site plan development plan of a senior citizen affordable housing development approved in accordance with these regulations shall remain valid for a period of two years following the approval of the site plan by the Planning Board and all other necessary governmental approvals as shall be needed to start construction. If, at the end of that two-year period, no application for a building permit has been filed, then the plan shall be considered as having lapsed and shall be of no effect. However, a one-year extension may be granted by the Planning Board for the site plan if the developer shows reasonable grounds for delay in the start of construction. Further, once a building permit is issued, if a substantial portion of the construction anticipated under said building permit authorization is not commenced within one year of the issuance of the permit, the permit shall be void ab initio.
§ 280-14.6 Certification of occupancy required.
It shall be the duty of the owner or his agent to file a certification with the Building Official indicating compliance with this article's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than February 1 of each year. Failure to file certification as required shall be deemed a violation of this article subject to penalties set forth in the Village of Monticello Code.