Yorktown City Zoning Code
ARTICLE XVI
Age-Oriented Geriatric Community
§ 300-159 Legislative intent.
It is the intent of this article to provide residential multilevel facilities serving the full range needs of the aged who are, for reasons of age, infirm or with chronic illness, unable to care for themselves in an independent housing environment. Ideally, a community shall include a housing-and-care continuum, providing facilities which range from independent housing specially designed for the elderly to maximum care facilities, such as nursing homes. Thus, the elderly resident will be spared the trauma of leaving their community, friends and family when the need arises for more intensive care. The facilities in the continuum include congregate housing (housekeeping units with central services, such as cooking and cleaning); residential care facilities (room and board and minimal nursing care); health-related facilities (room and board and more extensive nursing care); and skilled nursing care facilities (nursing homes). If these facilities are located on one site and under one sponsorship, flexibility of operation is possible and cost-saving, in addition to protection for the elderly from the emotional and physical hazards of moving. Furthermore, such geriatric service center can provide services for persons residing in an area outside the facility and may include day care, home health care and nutrition centers. A hospice is another type use which may be suitable in the above-described setting or in the vicinity.
§ 300-160 Permitted uses.
[Amended 7-5-1994 by L.L. No. 21-1994]
In any specialized age-oriented geriatric community district, no building(s) or premises shall be used, and no building(s) or part of a building or structure shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the following uses, provided that a site plan of development is approved by the Planning Board, after public notice and hearing, as being in conformity with this article:
A.
Geriatric center: a multilevel care facility for persons over 55 years of age and handicapped persons over the age of 50, to include a combination of uses.
[Amended 2-7-2006 by L.L. No. 1-2006]
B.
Geriatric health related facility (HRF): an intermediate care facility, medically oriented and under the supervision of the New York State Department of Health; it provides services to persons over the age of 55 and handicapped persons over the age of 50 who do not have a disease or condition which requires twenty-four-hour nursing care but who need some assistance beyond the provision of room and board. The minimum size is usually 40 to 60 beds, and the maximum size is determined by cost efficiency. The facility is supported by Medicare, Medicaid and third parties (insurances). Room sizes and other standards are defined by the State Department of Health Code.
[Amended 2-7-2006 by L.L. No. 1-2006]
C.
Geriatric residential care facility (RCF): a community-based residence regulated by an agency of the state or federal government, providing care and support services other than twenty-four-hour nursing care for approximately five to 70 persons over the age of 55 and for handicapped persons over the age of 50. Such facility requires certification by the State of New York Department of Social Services, Division of Adult Homes, in order to qualify for Supplemental Social Security payments (SSI). Emphasis is on a residential rather than medical environment.
[Amended 2-7-2006 by L.L. No. 1-2006]
E.
Geriatric congregate housing: a multi-unit residential facility providing living quarters with or without housekeeping and having a central dining room where residents of self-contained units have the option of taking meals. Other services may also be included, such as cleaning, shopping, etc., and minimal health care. Sizes may vary from approximately 20 units to 200.
F.
Hospice: a medically oriented care facility for the terminally ill.
G.
Staff housing.
H.
Day-care center and nutrition center for nonresidents.
§ 300-161 Lot and bulk standards.
[Amended 7-5-2011 by L.L. No. 6-2011]
The following standards are designed to promote a physical development of low structures (maximum of three floors) set in large open spaces with ample setbacks from adjacent property. The permissible floor area ratio (FAR) is 0.21, which is suitable for a medium-density suburban area or location. The allowable density is related directly to the assumed mobility of the facility's residents, i.e., a lower density is prescribed for the residential care facility than for the nursing home. The permissible density for the congregate housing is similar to that of the Town's multifamily district (R-3). For a combined facility, the density shall be calculated on the basis of the requirements of each use.
A.
Minimum lot size. For a combination of either two or more facilities: 25 acres.
B.
Allowable maximum density. The following densities are permitted in areas where public water is available and where a waste disposal method other than public sewers is proposed:
Type of Facility/Use | Beds or Units (per acre) | |
|---|---|---|
HRF | 10 beds | |
SNF | 15 beds | |
Congregate housing | 10 units | |
Staff housing | 10 units | |
RCF | 10 beds |
C.
The followings regulations [Subsections C(1) through (4)] replace § 300-42 only in the case where a nursing home is part of a geriatric center.
(1)
Maximum number of beds permitted on one site: 300.
(2)
Maximum building height: 42 feet.
(4)
Required parking for:
(a)
RCF, HCF and SNF: the sum of one space for each staff member of the maximum shift plus one space per three beds.
(b)
Congregate housing: the sum of one space for each staff member of maximum shift and two spaces per three units.
(c)
Day-care and/or nutrition center: one space for each 300 square feet of facility.
D.
One loading space for each 40 beds shall be provided.
E.
Allowable signs. Approval of number, size, location and design of signs will be part of the total site plan approval.
F.
Occupancy. Building or buildings may be occupied only by patients or residents of the facility and by staff members and their families. Staff apartments can be located within the main structures or in separate buildings including not more than 10 units/building.
§ 300-162 Water and sewer service.
All buildings shall be served by a common water supply and a common sanitary sewer system.
§ 300-163 Refuse disposal.
Approved containers or receptacles for refuse disposal must be provided. Collection of refuse shall be handled is part of the Town-wide contract system.
§ 300-164 Application submission requirements.
[Amended 7-5-1994 by L.L. No. 21-1994]
There shall be filed with the Planning Board in quadruplicate an application for site approval, which application shall be accompanied by the proposed site plan pursuant to §§ 195-39 through 195-41 of Chapter 195, Land Development. The following shall also be included:
A.
A description of applicant's organization and staff.
B.
A description of the facility, the population to be served, and the programs and community services to be provided (if any), etc.
C.
Preliminary architectural plans and elevations.
D.
Pertinent documentation by state and regional agencies, in support for the establishment of the facility.
§ 300-165 Referral and action by Planning Board.
[Amended 7-5-1994 by L.L. No. 21-1994]
A.
Within 30 days after the application and proposed site plan shall have been filed, the Planning Board shall refer such application to the Advisory Board on Architecture and Community Appearance (ABACA) of the Town of Yorktown for review and report. The ABACA shall review the proposed site plan with respect to the items and time period set forth in the ordinance establishing such Board and shall transmit to the Planning Board a copy of any report thereon for the Planning Board's consideration as part of its review. The Planning Board shall study the application and all accompanying information and consult with other agencies of government as appropriate in the case to determine the general acceptability of the proposed site plan. In the course of such preliminary considerations, the Planning Board may request and the applicant shall supply additional material needed to make specific determinations.
B.
The Planning Board shall give at least 10 days' notice of public hearing upon said proposed site plan and upon the proposed changes to the Official Map of the Town. Where approval of any department, board, bureau or officer of the County of Westchester or the State of New York is required for any aspect of the proposed development or by reason of any part of the design thereof or any provision with respect to streets, highways, drainageways or sanitation, then, and in that event, prior to final review and action by the Planning Board on the proposed site plan, approval of such department, board, bureau or officer above referred to shall be endorsed upon a copy of such site plan or otherwise satisfactorily evidenced; in the alternative, conditional approval may be given.
§ 300-166 Matters considered in reviewing proposed site plan.
[Amended 7-5-1994 by L.L. No. 21-1994]
In reviewing and passing upon the proposed site plan, the Planning Board shall take into consideration its conformity with the minimum requirements hereinabove set forth; the purposes for which such district was created; the arrangement of the buildings and uses respect to compatibility, light, air and other amenities; the compatibility of the proposed buildings, structures recreational areas, utility areas, off-street parking facilities and accessory uses to adjoining properties and land uses; the topography and physical character and existing natural growth of the land in relation to the use intended to be made thereof; the character of the land in relation to its suitability for building purposes without danger to health or peril from fire, flood or other menace; and the provision of fences, walls and landscaping, all in the furtherance of the purposes of this chapter.