(A) It is the intent of these provisions to recognize the need within the Town for dwellings and facilities which are designed to meet the physical and social needs of older persons.
(1) Effect of development and/or use pursuant to SHPD regulations. Any site developed or used pursuant to SHPD regulations shall not thereafter be used for any purpose other than those permitted uses allowed in this chapter unless the BMA expressly allows specific uses in the Planned Development Outline Plan.
(2) Eligibility. Housing which qualifies for inclusion in this zone is development providing housing specifically designed for the needs of seniors. A minimum of 90% of the occupied dwelling units must be occupied by at least one person 55 years of age, or older, and complies with all standards of the Fair Housing Act, 42 U.S.C., Sections 3601 et seq. and the rules issued thereunder, as amended from time to time, the Housing for Older Persons Act, and the Tennessee Fair Housing Act, Tenn. Code Ann. § 4-21-602, as amended from time to time.
(3) Impact of use. The impact of the use will be substantially equivalent to those impacts produced by uses otherwise allowed for land within the underlying zoning classification, with consideration given to the type of dwelling units, number of dwelling units, the probable number of residents and the demand on public facilities and services generated.
(4) The location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of municipal services; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impacts of the use.
(5) The location, design, and site planning of the use shall provide a convenient and functional living, working, shopping, or civic environment. New Seniors Housing Planned Developments shall be located within a 1/4-mile radius of a commercial node or public park.
(6) The use will be so located as to provide residents easy access to community services such as shopping, transportation, and other daily services. There should also be provided a generous amount of easily accessible activity facilities, both indoors and outdoors, for residents.
(7) Permitted uses. The following uses shall be permitted in a Seniors Housing Planned Development:
(a) A variety of housing types exclusively addressing the needs of older persons, including, but not limited to: adult care facility, assisted living facility, Continuing Care Retirement Community (CCRC), Independent Living Senior Housing Complex, health clinic, hospital, nursing home facilities, and observation rehabilitation center.
(b) Accessory uses. The following shall be permitted for the convenience of the residents and their guests, but not for the general public, with no exterior signage allowed. Accessory uses include, but are not limited to, the following:
1. Banking facility.
2. Beauty and/or barber shops.
3. Central dining facilities.
4. Convenience retail shop.
5. Chapel/place of worship.
6. Pharmacy.
(8) Minimum tract area. The minimum tract area within a planned development designated as a SHPD shall be contained in a contiguous parcel of land comprising a total area of at least three acres.
(9) Development density. The location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area, in no case shall the density of development exceed the following (based on the height of the building):
Stories Dwelling units/acre
1 10
2 15
3 20
(10) Single-family detached dwelling units. Single family detached dwelling units may be situated on individual lots, may be part of a detached condominium regime, or may be separate rental units. Single family detached projects require a minimum tract area of ten acres. If separate lots are created, each lot shall not be less than 7,200 square feet. In the case of single-family detached dwellings, the density of a district may not exceed one dwelling unit for each 7,200 square feet of lot area.
(11) Required frontage. The planned development shall have a minimum of 200 feet of frontage on an existing or proposed collector or arterial road.
(12) Special dwelling standards. Notwithstanding any other provision of this code, the minimum floor area for each dwelling unit for seniors housing use shall be no less than the following:
(a) Studio/efficiency units 400 square feet
(b) One-bedroom units 525 square feet
(c) Two-bedroom units 700 square feet
(13) Outdoor/indoor recreational area requirement. An area or areas for outdoor recreational purposes shall be set aside exclusively for the use of the occupants and their guests unless the site is located within 200 feet of a park or recreational area available to the general public and access to said park or recreational area is not separated by a freeway, arterial and/or collector road. These areas may include, but are not limited to, sitting areas and group game areas. Such areas shall be shown on the site plan. A minimum of 150 square feet of outside recreation per dwelling unit must be provided, improved, constructed and maintained at the expense of the owner/landlord or homeowners’ association. Walkways, driveways, parking areas, and landscaped areas for non-recreational purposes shall not be deemed to satisfy the requirements of this section. In addition, a minimum of ten square feet per dwelling unit of indoor recreational area must also be provided. Such area shall not be used for storage or any such similar purpose and shall be available to all occupants and their guests. The indoor recreational area shall be central to the entire facility and may be either attached to a residential building or be in the form of a multipurpose community building or buildings with rooms sufficient to accommodate indoor recreational facilities, social gatherings, meetings, and like functions.
(14) Special design standards. Seniors Housing Planned Developments shall graduate building height, scale, and mass through utilization of the following methods. If an applicant demonstrates innovative land planning and design techniques to break up the scale of a building so as to complement existing development patterns, the BMA may approve a modification of these regulations pursuant to § 151.152(B). The applicant must provide written justification to support any waiver requests.
(a) A structure shall not exceed 45 feet in height. An additional building setback of at least ten feet shall be provided for each foot in additional building height above 35 feet.
(b) A building face or wall shall not exceed 200 feet along its longest length.
(c) Buildings with more than two stories shall be stepped down at the edges of the structure(s) to aid in transitions between buildings and reduce the mass of the buildings.
(d) Building roofs shall be articulated by smaller planes or roof elements. A minimum of two roof breaks (roofs that turn a corner or change elevation) will be provided on all buildings.
(e) A minimum of 45% of the gross site area shall be landscaped.
(f) At the edge of a zoning district where the adjacent district has a lower maximum building height, buildings shall transition in height using the following methods:
1. Building step-backs to reduce the bulk of a building’s upper floors with no portion of a building exceeding 35 feet within 200 feet of the adjacent district;
2. Dividing buildings within 200 feet of the adjacent district into smaller parts, including detached buildings, to reduce effective visual bulk and to maintain the scale and rhythm of the existing pattern of development; and
3. A 50-foot wide vegetative buffer provided along the adjoining zoning district.
(g) Along a perimeter collector and/or arterial street, Seniors Housing Planned Developments shall provide either:
1. The primary pedestrian entrance and front facade of the perimeter buildings oriented towards the public street with any building having a setback of at least 200 feet from the nearest travel lane of adjacent public roads (per the Major Road Plan), and provide the applicable front yard buffer requirements in the Design Guidelines (Appendix II); or
2. A 50-foot or greater front yard buffer (measured from the edge of curb) intended to screen the development from view from the public realm. Within the front yard buffer a minimum 50% opaque brick or stone wall with a minimum of six feet in height, the required street trees, and evergreen shrubs, shall be provided. The wall must be set back at least 10 feet from a public sidewalk and have columns spaced no farther than 50 feet on center.
(h) Separate buildings shall be clustered around usable open spaces provided pursuant to § 151.155(F).
(i) Building facades shall be comprised of brick or stone for a minimum of 75% of the net facade area (excluding windows and doors). The remaining trim and accent materials shall be as regulated by the Design Guidelines (Chapter IV).
(15) Yard requirements. The basic yard regulations appearing below apply to structures within a SHPD unless otherwise regulated by § 151.159(B)(14):
(a) Front yard 40 feet
(b) Side yard 50 feet
(c) Rear yard 50 feet
(16) Off-street parking and loading requirements. Off-street parking and loading requirements shall be based on the type of dwelling units proposed. Minimum requirements are as follows:
Use | Loading berths (code #) | Square feet of bldg for which a parking space must be provided | Other requirements |
Independent living senior housing complex | 1 | Parking shall be set by the Town based on a qualified Parking Generation Study provided by the applicant, but in no case shall be less than a minimum of 0.5 spaces per dwelling unit | |
Assisted living | 1 | Parking shall be set by the Town based on a qualified Parking Generation Study provided by the applicant, but in no case shall be less than a minimum of 0.35 spaces per dwelling unit which is inclusive of parking for residents, employees and visitors. | |
Nursing Home | 5 | Parking shall be set by the Town based on a qualified Parking Generation Study provided by the applicant, but in no case shall be less than a minimum of 0.35 spaces per dwelling unit which is inclusive of parking for residents, employees and visitors. |
(17) Minimum safety standards.
(a) Each health care unit shall contain or be adjustable to contain conveniently accessible emergency signal facilities, located three to four feet above floor level, and shall register a signal at a central location to permit 24-hour per day monitoring. Each independent living senior housing and assisted living unit shall be provided with a personal emergency response system with the ability to signal the central facility for an emergency with 24-hour per day monitoring.
(b) Notwithstanding any other provision in the Code of Ordinances, all residential units and public spaces shall have smoke detectors and be sprinkler protected with a system approved by the Town Fire Marshal.
(18) Seniors use guarantees. Prior to the execution of a development agreement, the applicant shall provide documentation limiting the use of the project to seniors housing exclusively and vesting in the Town the right to enforce such limitation until and unless it determines that any proposed alternate use complies fully with regulations pertaining to the underlying district. All such documentation shall be in a form satisfactory to the Town Attorney.
(Ord. 2005-12, passed 12-12-05; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2018-02, passed 8-14-18; Am. Ord. 2021-16, passed 1-10-22)