General Definition
A “long-term care facility” is a community facility use that has secured appropriate certificate of
authority or licensure by the New York State Department of Health and shall include:
(a) nursing homes or assisted living facilities as defined in the New York State Public Health Law;
and
(b) continuing care retirement communities, consisting of independent living dwelling units in
addition to nursing home beds and assisted living facilities as defined in the Public Health
Law. Such continuing care retirement communities may be located in 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. All such continuing care retirement communities shall:
(1) offer a life care contract that includes unlimited long-term care services along with
housing for independent living and residential services and amenities; and
(2) include fewer independent living dwelling units than the combined number of
assisted living dwelling units or rooming units and nursing home beds on such
same or contiguous zoning lots, or on lots which would be contiguous but for their
separation by a street. For the purposes of this calculation, the number of such
assisted living dwelling units or rooming units shall be the number of such units
in the State-licensed assisted living facilities or assisted living residences; and the
number of such nursing home beds shall be the number of authorized State-licensed
nursing home beds, as applicable. For the purposes of this definition, the term
“rooming units” shall be as defined in the New York City Housing Maintenance
Code.
If a continuing care retirement community does not comply with conditions (1) and (2)
above, the independent living dwelling units shall be considered a residential use.
For the purposes of applying the bulk regulations of this Resolution to buildings containing
long-term care facilities, the residential bulk regulations applicable to qualifying senior housing
shall be applied. In applying such residential bulk provisions, long-term care facilities shall be
considered residential, and the term dwelling unit shall include “dwelling units” and “rooming
units”, as set forth in the Housing Maintenance Code.