[Added 10-5-1976]

[Amended 9-22-1987; 11-12-1991 by L.L. No. 6-1991]

A. Senior housing; age requirement. [Amended 3-22-2005 by L.L. No. 3-2005]

(1) In a Senior Citizens Multiple Residence District, no building or premises shall be used and no building shall hereafter be erected except for use as a multiple residence designed primarily to provide living and dining accommodations for persons over the age of 55. At least one occupant of each dwelling unit must meet this minimum age requirement, and no occupants may be less than 19 years of age.

(2) The minimum age requirement set forth in § 213-290A(1) hereof may be waived for occupants who reside alone and are disabled as defined by 42 USCA 12102 and/or the New York State Human Rights Law.

**Webmasters Note: The previous subsection, A., has been amended as per Local Law No. 3-

2005.

B. All offering plans for senior citizen multiple residence housing required to be filed with the New York State Attorney General must be filed with the office of the Town Attorney not less than ninety-six (96) hours prior to the time when such offering plan shall be filed with the New York State Attorney General.

In a Senior Citizens Multiple Residence District where a private street or road is provided on the site, the front yard setback shall be measured from the established curbline of the unobstructed right-of-way.

[Amended 5-15-1990]

In a Senior Citizens Multiple Residence District, no building or structure hereafter erected or altered shall be more than two and one-half (2 1/2) stories above ground level. The roof shall be a peak roof only and shall have a pitch of not less than four twelfths (4/12).

In a Senior Citizens Multiple Residence District, no building shall be erected or altered on a lot having an area of less than two (2) acres.2

In a Senior Citizens Multiple Residence District, the front setback in any building unit shall not be less than thirty (30) feet after street dedication, notwithstanding § 213-232 of this chapter. Balconies, porticos or like open areas may extend not more than ten (10) feet into the front yard.

In a Senior Citizens Multiple Residence District, such lot shall have a front yard along each street as provided in § 213-294.

In a Senior Citizens Multiple Residence District, there shall be two (2) side yards, one (1) on each side of the main building, each having a minimum width of at least twenty (20) feet, except that where there shall be two (2) or more main buildings on the plot, there shall be a minimum distance between buildings of twenty (20) feet, in addition to the twenty-foot side yard requirement along the side property lines of the entire plot.

In a Senior Citizens Multiple Residence District, there shall be a rear yard having a minimum depth of twenty-five (25) feet.

In a Senior Citizens Multiple Residence District, chimneys, cornices, eaves, gutters, bay windows projecting not more than twenty-four (24) inches and one-story open porches and/or terraces not exceeding three (3) feet in height and hereby permitted encroachments into yard areas, except as otherwise provided herein.

[Amended 4-1-861

In a Senior Citizens Multiple Residence District, no multiple-family dwelling authorized hereby shall be erected or altered to accommodate or make provision for more than twenty-five (25) one-bedroom dwelling units per acre or more than a proportionate number of dwelling units on any fractional part of an acre and, for the purpose of this section, a "dwelling unit" shall be such combination of rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one (1) family, which shall consist of not more than four (4) separate rooms, exclusive of bathrooms and hallways.

[Amended 1-6-81 by Res. No. 18]

In a Senior Citizens Multiple Residence District, no basement or cellar shall be occupied as living or sleeping quarters. Living or sleeping quarters may be provided for management and/or custodial employees as designated by the New York State Building Code. Each separately owned and operated complex under the provisions of this Article may contain therein living and sleeping facilities for management or custodial employees comprising one (1) additional dwelling unit in addition to the number provided pursuant to § 213-299 of this Article. Such unit shall not be a rental unit.

In a Senior Citizens Multiple Residence District, the minimum habitable floor area for each dwelling unit shall not be less than five hundred (500) square feet.

In a Senior Citizens Multiple Residence District, there shall be suitable landscaping, shrubbery, trees and screening as determined by the Town of Babylon Planning Board.

In a Senior Citizens Multiple Residence District, an off-street parking area conforming to the requirements of this chapter shall be provided for each building unit at a ratio of one (1) space for each unit. Where garages are provided, they may be substituted for such off-street parking areas and shall conform architecturally to the principle buildings. Ten percent (10%) of the required parking shall be designated as "Visitors Parking." Said parking areas must meet the requirements of § 213-289 and must be curbed, striped and have direction of travel lanes painted over the blacktop. Minimum paving specifications shall be designated by the Town of Babylon Planning Board.

In a Senior Citizens Multiple Residence District, common indoor and outdoor recreation areas shall be provided. The outdoor recreation area shall be in one (1) parcel and a minimum size calculated at one hundred fifty (150) square feet of usable area per dwelling unit exclusive of sidewalks, driveways and parking areas. The indoor recreation area provided shall be not less than twenty-five (25) square feet of usable area per dwelling unit with a minimum of one thousand five hundred (1,500) square feet per site.

In a Senior Citizens Multiple Residence District, no garages or storage buildings shall exceed eighteen (18) feet in height or be built within six (6) feet of any side or rear lot line or nearer than fifty (50) feet to any street line. All other accessory buildings shall meet the requirements for setbacks of the Senior Citizens Multiple Ordinance.

In a Senior Citizens Multiple Residence District, a designated utility area shall be provided for laundry purposes. One (1) washer and dryer for every ten (10) units must be provided.

In a Senior Citizens Multiple Residence District, commercial type refuse containers must be provided and enclosed with six foot slatted chain link fence and gate or other suitable material as designated acceptable by the Town of Babylon Planning Board, to be placed on concrete pads and kept clean at all times. No on-site incinerating shall be permitted.

In a Senior Citizens Multiple Residence District, no principal building authorized by this Article shall be erected, altered or used unless provided with municipal sewage disposal facilities or unless an independent sanitary system or installation approved by the Suffolk County Department of Health, where required, is constructed for the sanitary disposal of the sewage of such dwellings.

In a Senior Citizens Multiple Residence District, no building shall hereafter be erected unless a drainage plan providing for the collection, storage and disposal of stormwater runoff from the site according to standards established in the subdivision regulations of the Town of Babylon Planning Board has been approved by the Planning Board.

In a Senior Citizens Multiple Residence District, all parking areas, entries, corridors, passages, utility areas and front landscaping must be provided with adequate lighting for safety purposes. Lights shall be adjusted so as not to shine into adjacent properties. Lights must be controlled by a time clock or positive photo-cell switching so as to ensure adequate lighting during all dark hours.