Definition: affordable independent residence for seniors (General Definition)
An “affordable independent residence for seniors” is a building or portion thereof, containing residences , in which at least 90 percent of the dwelling units allocated to affordable independent residences for seniors are each occupied by at least one person who is 62 years of age or over; where, except for a super’s unit , all of the dwelling units allocated to affordable independent residences for seniors are restricted pursuant to an affordable housing regulatory agreement for households with incomes at or below 60 percent of the income index and used for class A occupancy as defined in the New York State Multiple Dwelling Law. For the purposes of this definition, “super’s unit”, “affordable housing regulatory agreement” and “income index” shall be as defined in Section 27-111 (General definitions). An affordable independent residence for seniors may consist of one or more buildings on the same or contiguous zoning lots , or on lots which would be contiguous but for their separation by a street , and shall contain related accessory social and welfare facilities primarily for residents, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, which may also be made available to the community. Floor space in an amount not less than four percent of the total floor area of such affordable independent residence for seniors shall be allocated to such accessory facilities. Such floor space may occupy floor area or cellar space, and may include indoor recreation space provided in accordance with Section 23-63 (Required Recreation Space in Multi-family Buildings). In no event shall the floor space occupied by lobbies, passageways, storage space or other spaces normally provided in residential buildings be attributed to the floor area of the accessory social and welfare facilities. An affordable independent residence for seniors shall also include a building used, enlarged or developed prior to March 22, 2016, as a “non-profit residence for the elderly”. Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof to be used as an affordable independent residence for seniors shall state that such building or portion thereof shall be used as an affordable independent residence for seniors , notwithstanding the fact that a legally binding restriction on household income for income-restricted housing units may have expired and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may be used other than as an affordable independent residence for seniors only in accordance with the provisions of this Zoning Resolution.