An assisted living facility shall comply with all of the following requirements.
(1) In RLD Districts, the facility shall be located on a lot of at least 10 acres. In R1 and R2 Districts, the facility shall be located on a lot of at least 10 acres, except that a facility that abuts a collector or higher classification road may be located on a lot of at least five acres. In other districts, the facility shall be located on a lot of at least five acres. In all districts, if the facility abuts a nursing home or adult independent dwelling units, whether or not owned by the same entity, the minimum lot size may be reduced by 50%.
(2) For an assisted living facility in an RLD District:
(i) the property in the RLD District shall abut property that is zoned C2 or C3 and that will be part of the assisted living facility; and
(ii) the C2 or C3 property comprising part of the facility shall be served by public water and sewer.
(3) For an assisted living facility that consists of land located outside the critical area in more than one zoning district:
(i) provisions concerning the number of adult independent dwelling units allowed in a given area of land shall be applied in the aggregate rather than separately to the individual zoning districts, lots or sites;
(ii) provisions concerning public improvements, such as public sewer and water connections, roads, and sidewalks, shall be applied to the assisted living facility in its entirety;
(ii) provisions concerning public improvements, such as public sewer and water connections, roads, and sidewalks, shall be applied to the assisted living facility in its entirety; and
(iii) open space requirements shall be calculated for the entire area of the assisted living facility;
(4) The developer shall demonstrate unified control of the entire assisted living facility and the capability to provide for completion and continuous operation and maintenance of the facility.
(5) An assisted living facility may be operated in conjunction with a nursing home or with adult independent dwelling units or both, whether or not owned by the same entity. The nursing home or adult independent dwelling units may be located on the same lot as the assisted living facility or on one or more abutting lots. If located on one or more abutting lots, the provisions of subsection (11) relating to setbacks do not apply to the lot lines that are shared by such abutting lots.
(6) Assisted care units shall be provided in a multifamily structure and may be provided in semi-detached dwelling units and townhouse dwelling units, whether or not allowed in the zoning district in which the facility is located. All assisted care units shall be located on the same lot. A multifamily structure shall contain a centrally located group dining facility.
(7) Comprehensive care units may be provided.
(8) No more than two dwelling units for every 100 dwelling units may be devoted to temporary use for guests or family members of residents.
(9) The permitted uses in a C1 District are allowed in the facility if:
(i) the uses are centrally located for the use and benefit of the residents and their guests in structures that are architecturally compatible with the residential portion of the assisted living facility; and
(ii) the floor area of the uses does not exceed 10% of the floor area of the units.
(10) A pedestrian circulation system interconnecting all parts of the facility shall be provided.
(11) The bulk regulations contained in the following chart shall be met and are the only bulk regulations applicable to an assisted living facility:
Minimum setbacks from all lot lines | 50 feet |
Maximum height limitations for principal structures | The height allowed in the zoning district in which the facility is located, except that (1) the facility may exceed that height by 10 feet if all setbacks are increased by two feet for each foot of excess height, and (2) semi-detached and townhouse dwellings are limited to one story |
Open area | 60% in RLD, R1, R2, and R5 Districts and 50% in R10, R15, and R22 Districts, with all front yards being open area and with at least 10% of the open area devoted to recreational area |
Maximum net density for independent dwelling units | One unit per net acre in an RLD District; 3 units per net acre in an R1 District; 6 units per net acre in an R2 District; 8 units per net acre in an R5 District; and in all other districts in accordance with the density allowed in the district in which the facility is located |
Maximum net density for all dwelling units other than multifamily dwellings and adult independent dwelling units | No increase in the net density allowed in the RLD District; 6 units per net acre in the R1 and R2 Districts; 8 units per net acre in an R5 District; and in all other districts in accordance with the density allowed in the district in which the facility is located |
Maximum square footage for duplex, semi-detached, and townhouse dwellings | 1,250 square feet |
Public sewer | Required |
(Bill No. 4-05; Bill No. 69-07; Bill No. 45-09; Bill No. 21-16; Bill No. 49-21)