The Overlay Standards applicable to Zone 1 are as follows:
ASSISTED LIVING AND SENIOR HOUSING OVERLAY ZONE
1) PURPOSE OF ASSISTED LIVING AND SENIOR HOUSING OVERLAY ZONE
2) USES
3) DEVELOPMENT STANDARDS
4) FENCING
5) CLEAR VISION REQUIREMENTS
6) PARKING
7) LANDSCAPING
8) SPECIFIC REVIEW CRITERIA FOR ASSISTED LIVING CARE
9) COMPLIANCE WITH SUBDIVISION PROCEDURE
10) ASSISTED LIVING DESIGN GUIDELINES
11) APPLICATION OF BASE R-3 ZONING REGULATIONS
1) PURPOSE OF ASSISTED LIVING AND SENIOR HOUSING OVERLAY ZONE. The purpose of the Assisted Living and Senior Housing Overlay Zone is to promote the public health, safety, and welfare by allowing increased land use flexibility through specialized zoning techniques to assure: A) that health and human services are appropriately located throughout the community and that neighborhood diversity is permitted without ignoring legitimate concerns regarding impacts on surrounding residential areas, and to further the objective offederal law by integrating health and human service facilities.into normal surroundings; and B) that individuals can continue to contribute to the community without having heavy yard care maintenance and without ignoring legitimate concerns regarding impacts on surrounding residential areas.
2) USES. Only the following uses shall be permitted:
a) Assisted Living Facilities: for older adults, licensed by the State of Ohio as Residential Care Facilities.
b) Senior Housing: Single or attached dwelling (not more than two attached), intended to provide housing primarily for persons fifty-five (55) years of age or older ("Age-Qualified Occupant"). The community shall be developed as age-restricted in accordance with the Fair Housing Amendments Act of 1988, as amended from time-to-time ("FHAA”), including but not limited to the provisions of the "Housing for Older Persons Act of 1995" and all other applicable state and federal laws. Each Dwelling Unit, if occupied, shall be occupied by at least one (1) individual fifty-five (55) years of age or older; provided, however, that once a Dwelling Unit is occupied by an Age-Qualified Occupant, other non-age-qualified residents of that Dwelling Unit may continue to occupy the Dwelling Unit, regardless of the termination of the Age-Qualified Occupant's occupancy. Notwithstanding the foregoing, at all times, at least eighty percent (80%) of the occupied Dwelling Units within the community shall be occupied by at least one (1) individual fifty-five (55) years of age or older. Accessory apartments will not be permitted in the community.
3) DEVELOPMENT STANDARDS.
a) Minimum Lot and Development Standards
Area | Density | Setbacks | Height | |
Assisted Living | 2-25 acres | 1 resident 1,500 sf of lot area | Front: 25' from back of curb Side - 15' Rear - 5', 20' next to residential | 30' max.* |
Senior Housing | 2-25 acres | 6 units/developed acre | Front: 25' from back of curb Side - 15' Rear - 5', 20' next to residential | 30' max* |
* Chimneys, flagpoles, church towers and other similar structures in excess of thirty (30) feet, unless otherwise restricted by FAA flight path restrictions for clearance.
b. Zone 1 shall not exceed 25 acres in total.
The following development standards and regulations shall apply to all developments within the Assisted Living and Senior Housing Overlay Zone:
A) At the time of preliminary review, the applicant shall submit a management plan for the operation of the project, which plan shall include provisions to limit occupancy to age-qualified persons/occupants. Each project shall be under one management.
B) Restrictive Covenants - The developer of a development within the Assisted Living and Senior Housing Overlay Zone shall be required to establish restrictive covenants to limit occupancy and assure that the uses approved for the development will be maintained. Such covenants shall be recorded to run with the land to insure against conversion to unintended/non-conforming land uses. A property management company shall be party to the restrictive covenants and shall be able to enforce the restrictive covenants if necessary. The restrictive covenants cannot be changed or modified without the written permission of the City.
C) Private travel ways shall provide safe and convenient vehicular movements to and from all off street parking spaces. Private travel ways shall not be less than twenty (20) feet width of asphalt.
D) Utilities
i. Water-Each dwelling unit shall be serviced by Heath City's water system. The City may require additional water connections and meters at their discretion and authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easily accessible shutoff valve.
ii. Sewer - Each unit shall be connected to the City's sewer system either by an individual or common lateral, whichever is determined applicable by the City.
iii. All utility systems and downspout drainage shall be placed underground.
4) FENCING. Subject to the Clear Vision Requirements herein walls and/or fences in the Assisted Living and Senior Housing Overlay Zone shall be erected with a type of material to be approved by the Planning Commission.
5) CLEAR VISION REQUIREMENTS.
a) Clear Vision Area(s): A clear vision area shall be maintained on the corners of all property at the intersection of two (2) streets or a street and an alley.
i. A clear vision area shall consist of a triangular area, two (2) sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this subsection A, or where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so measured and the third side of which is a line across the corner of the lot joining the nonintersecting ends of the other two (2) sides.
ii. The minimum distance shall be thirty (30) feet.
b) A clear vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction exceeding two and one-half (2-1/2) feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade; except, that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight (8) feet above the grade.
6) PARKING. The following on-site parking requirements apply. Lighting standards will be required for lots that require more than twenty-five (25) spaces.
USES | PARKING REQUIREMENT |
Assisted Living Facility | 1 space per 3 residents |
Senior Housing | 2 spaces per dwelling unit |
7. LANDSCAPING. Not less than thirty percent (30%) of the project shall be landscaped for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkways, and driveways shall not be included in meeting this landscaping requirement. A complete landscaping plan shall be provided at the time of preliminary review of the project showing a minimum of two (2) trees with a caliper of two (2) inches and ten (10) one-gallon shrubs per dwelling unit. For Senior Housing, professional maintenance must be provided.
8) SPECIFIC REVIEW CRITERIA FOR ASSISTED LIVING CARE.
a) No person who is being treated solely for alcoholism or drug addiction may be placed in an assisted living facility in the Overlay Zone.
b) Placement in the facility is on a strictly voluntary basis and is not part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.
c) The operator shall provide the City proof of adequate insurance for the program's vehicles, hazard insurance on the facility, and liability insurance to cover residents and third-party individuals.
d) Prior to occupancy in an assisted living facility, the person or entity licensed or certified by the Department of Human Services or Department of Health to establish and operate the facility shall:
i. Provide a copy of such license or certification to the City and
ii. Certify in a sworn affidavit to the City that no person will reside or remain in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals or result in the substantial physical damage to the property of others
e) The assisted living facility shall comply with all health and safety codes applicable to that type of building and use.
f) The use permitted by this section is non-transferable and shall terminate if:
i. The facility is devoted to a use other than permitted in the Assisted Living Overlay Zone;
ii. The license or certification issued has been terminated or revoked; or
iii. The facility fails to comply with these conditions.
9) COMPLIANCE WITH SUBDIVISION PROCEDURE All proposed development within the Assisted Living and Senior Housing Overlay Zone shall be reviewed and approved in accordance with applicable City of Heath Zoning, Development, and/or Subdivision Regulations.
10) ASSISTED LIVING DESIGN GUIDELINES In developing an assisted living facility within the Assisted Living - Senior Housing Zone, the following design guidelines and criteria will govern review and approval of a specific project
Evidence Based Design (EBD)
THE DEFINITION OF BASIC DESIGN ATTRIBUTES
This category covers the basic design decisions when planning, designing and building long term care facilities. The basic design layouts of households / neighborhoods is the main building block that can result in positive health outcomes engaging all seven groups of design intervention. The research focuses on Special Care Units, small scale environments, low social densities, and building layouts.
Evidence shows that providing segregated care in Special Care Units (SCU) has a tangible impact on resident behavior, their social abilities, and care outcomes. Studies of residents with cognitive impairments living in small- scale environments indicate mainly positive effects on all outcomes investigated; strong evidence was found for improved social abilities, functionality and well-being. This is further supported by findings showing that a low social density is positively associated with residents' behavior and care outcomes.
Household
Resident rooms around
shared living/dining/kitchen spaces
Neighborhood
Households clustered around
shared activity spaces
DESIGN CRITERIA
1. Organize the Facility into Households that are as small as staffing and servicing efficiencies will permit. Provide no more than ten to twelve (10-12) residents to a household.
2. Include familiar spatial organization similar to that found in a typical house/home.
3. Design the spaces to allow residents to move freely within the household and from one room to another without having to use a corridor (i.e. rooms are laid out contiguous to each other).
4. Eliminate corridors whenever possible. This includes eliminating typical double loaded corridors that serve entire households. Should corridors be incorporated they should serve an immediate section of resident bedrooms of not more than six (6) residents. Bedrooms should not open up directly into main corridors that serve as the general circulation for a "ward".
5. Design spaces so that allocentric orientation is possible (see wayfinding).
6. Provide multiple opportunities for intimate or private conversation that are comfortable,
designed for couples or small groups.
7. Utilize a form of cluster plan that centralizes shared spaces amongst resident bedrooms. This accomplishes maintaining line of sight to significant spaces such as hearth (kitchen) living and dining areas (see examples following this section for suggested cluster plan layouts).
8. Features such as windows or wall openings between spaces for visual connections, minimized hallway distances, and areas that promote staff presence should be included.
9. Incorporate passage or transitional space connecting two (2) households, with the ability to keep it open or closed. This allows two (2) households to combine for programmed activities if desired, for residents to leave their home to "visit the neighbors" and provides easier capability for limited staff to monitor two (2) households during the night.
10. Two (2) households can be linked or adjoin each other to share common support spaces such as admin spaces, soiled and clean linens, mechanical and electrical, and staff-assist bathing suites.
11. Households should provide a shared, resident-accessed kitchen, (see kitchen design section for access limitations) dining area, and living room, plus secure outdoor space appropriate in scale for smaller populations. Focus on maintaining an intimate setting which attracts small group socialization much the same way a private home kitchen serves as the hub of the family gathering and socialization.
12. Within the household, provide small group spaces with some visual and acoustic privacy. These spaces can be used by residents who get easily overwhelmed by crowds and noise. For instance, large, noisy dining spaces have been linked with an individual's reduced food intake.
13. Avoid multi-purpose rooms for residents associated with the household or neighborhood. A multipurpose room can be included outside of the neighborhood community for larger group gatherings; however, it should be located in a main separate building or distinct separate zone.
14. Create spaces that can house shared activities between households. If smaller numbers of residents per household want to participate in an activity, operational efficiency can be gained by grouping two (2) smaller resident groups together for that activity.
15. Design intermediate spaces that allow for transitions between private and public areas. Bedrooms are the most private spaces that belong to residents. When designing to the context of a small house model the absence of corridors can make separation between bedroom and living spaces difficult.
The designer should incorporate the separation of the four (4) major types of space found within the
household. These include:
• Private spaces: Resident Bedrooms / Resident Bathrooms.
• Semi Private Spaces: Transitional spaces between bedroom egress and living spaces. This may be simple as creating a "front porch" zone in front of resident room areas which provides demarcation between room and semi-public activity areas.
• Semi Public spaces: Living and activity areas shared primarily by residents who belong to the same household or neighborhood. Visiting loved ones. will also become guests of the home and be invited to share living room and kitchen areas. Creating a sense of "guest in the home" helps the residents identify their space as their own home and will be more comfortable accepting visitors. Quality of visitation is much improved when this relationship of homeowner and guest is reinforced.
• Public Spaces: areas intended for group functions which bring mixed resident household populations and visitors together.
16. Provide easy access to an outdoor space. The best location to provide access is from the central activity areas where residents can visually see and freely access a safe outdoor patio area.
17. Provide decks on upper stories so that each household has their own outdoor environment.
18. Include enclosed comtyards within the building footprint. These courtyards are fully enclosed and secure by nature of being surrounded by the building(s), allowing residents free access without fear of wandering away from the facility.
19. Include outdoor activity amenities such as active bird feeders, walking paths, and raised gardens. Outdoor space should support passive as well as active activities.
20. Ensure all outdoor areas remain wheel chair and walker accessible. Consider materials used on pathways to ensure no uneven surfaces or tripping hazards over time.
21. Secure outdoor spaces with perimeter fencing at least six (6) feet high, and camouflage the fencing with landscape design features such as trees or shrubs so it does not attract residents' attention or feel prison-like. In addition, the fence and landscaping should not have ladder-like elements that could be used for climbing and furnishings should also prevent a resident from scaling the fence.
22. Construct walking paths that are continuous and loop back to building entrances. There should be "multiple cues” that reduce demand on the user, allowing one to enjoy walking in a natural environment without the frustration of figuring out how to return.
23. There are two distinct forms of outdoor space that the designer needs to be familiar with.
Together with the landscape consultant the designer should understand the differences and benefits of a healing garden, vs. a horticultural and therapeutic landscape. The most common outdoor space designed for long term care homes is a sensory garden (a form of healing garden) with a section of horticultural gardening which may include elements such as raised garden beds.
24. Consider building in raised planting beds where residents can participate in gardening activities. Beds should allow residents to sit on the edge while working or drive a wheelchair alongside.
25. Provide sufficient resting spots (benches) along longer walkways, or handrails to assist those with mobility issues. Handrails can provide short term rest areas by leaning on them, and also assist with balance for those who require it. Seating will also allow multiple areas for passive enjoyment; ensure some areas also allow for wheel parking off the main walkway paths.
26. Design spaces so that smaller groups function autonomously. Households with smaller population sizes reduce over stimulation. Larger unit size (greater than fourteen (14) residents are associated with higher resident agitation levels and increased intellectual deterioration and emotional disturbances).
27. In addition to bedrooms, households should provide a shared, resident-accessed kitchen, dining area, and living room, and secure outdoor space. Additional areas for residents within the household may include (but are not limited to) a spa/bathing room, small den and/or activity space
28. Within the household, provide small group spaces with some visual and acoustic privacy. These spaces can be used by residents who get easily overwhelmed by crowds and noise.
29. Exterior massing should be articulated (with distinct elements and walls that jog to create different planes, rather than a solid, monolithic facade) and at a scale that relates to a person (i.e., "human- scale"), with residential detailing and materials appropriate to the building's locale.
30. Provide a distinct entrance to each household complete with all the elements consistent of home entrance. Front porch, mailbox, doorbell, exterior materials, and so on. The household entrance is the front door to each person's residence no different than the front door in your own home.
31. Rooms are arranged enfilade, which means walking through rooms rather than hallways to get to a place ( e.g., walking through the living room to enter the dining room).
32. Include familiar spatial relationships as you would find in one's home. This would bring a family dining room adjacent to a living room. Access to an ontside porch should be designed from either the living area or dining area as the kitchen is central to the household plan.
33. Provide open counters low enough for residents to sit and pmticipate in kitchen activities from the adjacent space.
34. Style of cabinetry shonld be traditional and built out of wood as opposed to a melamine (rail and stile is appropriate) Specify residential hardware. Try to avoid "D" style pnlls.
35. Create an area where food is available to residents all the time. Space should be planned so residents can access a snack, fruit, or a drink either on their own or with assistance, without having to enter into the kitchen work triangle reserved for care givers.
36. In addition to providing a flexible dining area where table/chair placement can be modified, the household should also contain areas where individual interests can take place. A hobby area provides opportunity for artwork, clay modelling, woodworking, scrap booking, and so on. Allow an area ont of the way from the lounging and passive spaces as to not disrupt television viewing and casual socializing.
37. Create an area in each resident room where personal activities such as listening to music,
reading, looking at a memory book, or one-on-one visiting can occur. This area should be organized in such a way that hobbies or personal activities are highly visible or displayed without clutter, to encourage use. The area should be distinctly separate from the bed, to give the feel of a different space.
38. Common causes of both audible and visual overstimulation to individuals with dementia are busy entry doors. When possible, the designer should minimize the amount of doors that are visible to the residents that lead to areas of administration or public zones. The introduction of transitional corridors assists in avoiding doors opening onto paths freqnented by residents.
39. Specify silent alarm systems that activate small buzzers held by staff.
40. Remove audible fifteen (15) second delay alarm on exit doors equipped with magnetic locks. This will require alternate solutions submission to authorities having jurisdiction (AHJ) and may not be supported.
11) APPLICATION OF BASE R-3 ZONING REGULATIONS. All zoning regulations applicable to R-3 zoning districts apply to the Assisted Living and Senior Housing Overlay Zone. If there is a conflict between the standards set forth in the Assisted Living and Senior Housing Overlay Standards and those set forth in the zoning regulations applicable to an R-3 zoning district, the more restrictive standards shall control.
(Ord. 18-2023. Passed 4-17-23.)