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Continuum Draft FEIS Oct 2012 - Draft Zoning Law file_72

Continuum Draft FEIS Oct 2012 - Draft Zoning Law file_72

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Published by barry-graubart-9979
This is the Draft Zoning Law from the Continuum Draft FEIS submitted October 2012.
This is the Draft Zoning Law from the Continuum Draft FEIS submitted October 2012.

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Published by: barry-graubart-9979 on Jan 20, 2013
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VILLAGE OF IRVINGTONLocal Law No. ___ For the Year 2012
A local law to amend Chapter 224 of the Village of Irvington Code with respect to permitteduses within the Multifamily Residence (MF) District.
Section 1.
Amend Section 224-17(E) by adding a new subsection, to be designated as Section224-17(E)(1)(f) as follows:224-17(E)(1)(f) Assisted Living Residences, subject to the following requirements,notwithstanding any other provisions of this Chapter:[1] Purpose. This use is established for the purpose of furthering the goals of theIrvington Comprehensive Plan by permitting the establishment of a specialized,for-profit assisted living development for the elderly. In such development,accommodation can be made for the range of needs of those elderly who neitherwant nor need placement in a hospital or nursing home. Assisted livingcommunities shall be designed to achieve compatibility with their surroundingsand to encourage orderly and well planned development. Assisted livingdevelopments shall be of a scale and location that will make it feasible toconstruct a comprehensive package of supporting utilities, services, and facilities,so as to achieve a development which is environmentally, physically, visually,and economically sound. Certain accessory uses that are requisite, desirable, andconvenient for assisted living for the elderly will also be allowed.[2] Permitted Accessory Uses. The following accessory uses shall be permitted inconjunction with an assisted living residence:[a] Indoor and outdoor recreation and activities for residents and their guestsonly.[b] Continuing education, crafts and hobbies for residents and their guestsonly.[c] Living, dining, laundry, security and housekeeping facilities for commonuse of residents only.[d] Central kitchen for food served in dining areas or distribution to individualdwelling accommodations and units.[e] Dining room for residents and their guests only, with no cash transactionsallowed.[f] Medical and dental services for residents only with no cash transactionsallowed.[g] Small interior shops for the sale of goods or rendering of personal services(such as hairdresser, etc.) only to residents, with no cash transactionsallowed.[h] Off-street parking areas and underground parking facilities.
2[i] Signs and outdoor lighting.[3] Eligibility for special permit. In order to qualify for a special permit for anassisted living residence, the following requirements must be met:[a] The site must have frontage on Route 9/Broadway;[b] The site must be within 1,500 feet of Main Street;[c] Twenty-four hour on-site security or building management must beprovided;[d] The applicant must be eligible for all necessary state licenses for theoperation of an assisted living community.[4] Physical Dimensional Requirements. Notwithstanding any other provisions of thisChapter, the physical and dimensional requirements for assisted livingcommunities shall be as follows:[a] Minimum Lot Area: 4 acres *[b] Minimum Frontage: 400 feet *[c] Minimum Front Yard: 125 feet *[d] Minimum Side Yard: 40 feet *[e] Minimum Rear Yard: 50 feet *[f] Maximum Building Coverage: 20 % **[g] Maximum Building Height: 42 feet **[h] Minimum Passive OutdoorRecreation Space per resident: 50 s.f.*[i] Minimum Interior CommonSpace per resident: 70 s.f.*Notwithstanding the provisions set forth in [c], [d], and [e] above, § 224-51 (B)requiring a Broadway buffer of 125 feet, and § 224-51(C) requiring a CrotonAqueduct buffer of 50 feet, the following shall be permitted within buffers andsetbacks: (i) driveways; (ii) emergency access driveways; (iii) parking spaces; and(iv) retaining walls.* These requirements may be reduced in connection with approval of the site planby the Planning Board, where the size and/or shape of the lot(s) may warrant orrequire it.** This requirement may be increased in connection with approval of the site planby the Planning Board, where the size and/or shape of the lot(s) may warrant orrequire it.[5] Building Height and Exceptions.[a] Building height for assisted living facilities is the vertical distance fromthe average finished grade adjacent to the exterior walls of the building to
3the level of the highest point of the roof if the roof is flat or mansard, or tothe mean level between the eaves and highest point of the roof if the roof is of any other type.[b] The foregoing height limitations shall not apply to the following:(i) Towers, belfries, cupolas, domes, observation towers, flag poles,radio towers, masts and aerials, where not used for human occupancy.(ii) Rooftop bulkheads, elevator penthouses, water towers, water tanks,monitors, fire towers, hose towers, or cooling towers, and such otherequipment as is deemed necessary by the Building Inspector, providedthat such mechanical equipment shall be erected only to the heightnecessary to accomplish the purpose it is intended to serve and adequatelyscreened. The maximum area covered by such mechanical equipmentshall be as determined necessary and appropriate by the approving agencyon recommendation from the Building Inspector.(iii) Parapet walls or cornices which do not exceed the maximum“height” requirement for the district in which they are located by morethan 4 feet.[6] Off-Street Parking. There shall be not less than 0.4 off-street parking spaces foreach assisted living unit therein. Notwithstanding anything to the contrary, if thePlanning Board, as part of the site plan approval process, determines that less thanthe required number of parking spaces will satisfy the intent of this Chapter,because of variations in the time of maximum use or any other reason, thePlanning Board may waive the improvement of not more than 25% of therequired number of parking spaces. In such case, it must be demonstrated on thesite plan that sufficient usable lot area remains for the eventual provision of thetotal number of required parking spaces. All unimproved parking spaces shall beused and maintained as landscaped grounds until required for parking, and mustbe improved for parking in accordance with the site plan within six (6) months of written notice if given by the Planning Board to the property owner stating thatimprovement of all or a portion of the parking spaces is necessary. In makingsuch determination the Planning Board shall take into account anyrecommendation made by the Village Building Inspector.
Section 2.
Conflicting Standards.Where the requirements of the Local Law impose a different restriction or requirement thanimposed by other sections of the Code of the Village of Irvington, the Village Law of the State of New York or other applicable rules or regulations, the requirements of this Local Law shallprevail.

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