Smithtown City Zoning Code
ARTICLE VII
Retirement Community District
§ 322-49 Declaration of policy.
[Amended 7-25-1989]
The Town Board hereby finds that there is an increasing need by persons of or nearing retirement age for reasonably priced dwelling accommodations in planned separate residential areas which will be inhabited by persons similarly circumstanced and which have been specially designed and developed for such age group, located in close proximity to centralized activity centers, community facilities or medical centers. Dwellings designed for this age group shall be made available at a cost to the tenants below prevailing rental costs in the Town of Smithtown at the time of occupancy, which cost shall reflect any applicable government subsidy. At all times, first priority for occupancy shall be given to elderly residents of the Town of Smithtown and their families.
§ 322-50 Minimum requirements.
[Amended 1-26-1988; 6-21-1988; 7-25-1989; 12-19-1991; 11-24-1992]
A.
Occupancy of all dwellings constructed pursuant to this section shall be restricted to persons of 55 years of age or older. Units constructed pursuant to § 322-101 shall be restricted to persons of 62 years of age or older. Occupancy of all units may include one additional member of their immediate family or a companion, including a child who is 18 years of age or older. Not more than 10% of the dwelling units may be occupied by handicapped persons.
B.
Rentals to tenants shall be lower than prevailing rentals in the Town, exclusive of governmental subsidies.
C.
Assessment. All dwelling units constructed pursuant to this article shall be taxable for real estate purposes within the requirements of applicable New York State assessment laws.
§ 322-51 Design standards.
[Amended 1-26-1988; 6-21-1988; 7-25-1989; 2-13-1990; 11-24-1992]
A.
The maximum length of any building shall not exceed 160 feet.
B.
The minimum habitable floor area of each dwelling unit shall not be less than 550 square feet.
C.
Parking areas shall not be located more than 200 feet from the entrance to the dwelling unit it is designed to serve.
D.
Usable open space for recreational uses, appropriate in location, nature and size, shall be provided at the rate of at least 200 square feet per dwelling unit. If, in the Town Board's opinion, due to topography, ecological reasons, historical interest or any other unique conditions, additional open space should be preserved, such lands shall be set aside as open space and be so designated on all site plan drawings.
§ 322-52 Permitted uses.
[Amended 7-25-1989]
Any and all accessory uses shall be of a nondwelling or nondomiciliary use. Permitted uses in this section can be of a religious, cultural or recreational character, outpatient health facility, utility and maintenance facilities and communal dining and food preparation facilities intended to serve the elderly of the community.[1]
[1]
Editor's Note: Original § 54-10V(5) and (6) of the 1964 Code, which immediately followed this section and dealt with procedures and assessments, was repealed 7-25-1989. Original § 54-10W, regarding hotels and motels, as amended, was repealed 10-21-1986.