Housing for the elderly of moderate means shall consist of rental dwelling units only and shall comply with all of the following requirements.
(1) The property shall be encumbered by a recorded covenant enforceable by the County or its designee, that:
(i) requires the units to be occupied by:
1. individuals who are 62 years of age or older, except that a live-in caregiver who is less than 62 years of age is allowed for a resident with a disability that meets the definition of a disability under 42 U.S.C. § 12102; or
2. for a development funded in whole or in part with government funds contingent on adherence to the definition of “elderly family” in 24 C.F.R. 5.403, a family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age or older;
(ii) requires that at least 60% of the units be occupied by individuals with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development; and
(iii) requires that the remaining units be occupied by individuals with an income that does not exceed 80% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development.
(2) The project shall be located on a lot that abuts a collector or higher classification road, with vehicular traffic access from that road.
(3) Maximum density shall be 22 dwelling units per acre, not to exceed 60 dwelling units in R2 zoning districts or 120 dwelling units in R5 zoning districts.
(4) The floor area of each dwelling unit shall be limited to 1,000 square feet.
(5) (i) Except as provided in subparagraph (ii) maximum coverage by structures and parking may not exceed 65% of the gross area of the lot.
(ii) In R15, R22, and Commercial Zoning Districts, maximum coverage by structures and parking may not exceed 80% of the gross area of the lot.
(6) In R2 and R5 zoning districts, the site shall be located in a priority funding area.
(7) The following bulk regulations apply:
Minimum setbacks for principal structures: | |
Front lot line | 30 feet |
Side lot line | 25 feet |
Corner side lot line | 30 feet |
Rear lot line | 30 feet |
Minimum setbacks for accessory structures: | |
Side and rear lot lines | 10 feet |
Corner side lot line | 15 feet |
Maximum height limitations: | |
Principal structures | 55 feet |
Accessory structures | 20 feet |
Public water and sewer | Required |
(8) The developer shall establish the allowable maximum rental rates for the rental units and Anne Arundel County or its designee shall confirm that the amount of the rental rates is appropriate.
(Bill No. 77-07; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 97-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 7-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 21-23; Bill No. 62-23; Bill No. 83-23)