1167.08 SENIOR CITIZEN RESIDENTIAL FACILITIES AS A CONDITIONAL USE IN THE B-1, B-2, B-3 AND B-O DISTRICTS.
   These regulations are established to guide the development of Senior Citizen Residential Facilities when permitted as a conditional use in the B-1, B-2, B-3 and B-O Districts.
   (a)   Senior Citizen Residential Facilities may include one or more of the following:
      (1)   Senior citizen residence development designed specifically as independent living units (as defined in subsection (a)(4) herein), which may include cluster dwelling units or multiple family dwellings.
      (2)   Long-term care units and nursing home units.
      (3)   Congregate living, assisted living and handicapped units with associated common residential areas such as dining halls, lounges, libraries and passive or active recreation areas, regardless of independence level of residents.
(Ord. 112-1999. Passed 11-30-99.)
      (4)   Each independent living unit in a senior citizen residence development shall be restricted to occupancy by at least one person 55 years of age or older.
(Ord. 17-2006. Passed 4-13-06.)
   Prior to a building permit being issued for independent living units, the developer shall submit sufficient evidence or documentation to satisfy the Mayor that occupancy will be restricted to senior citizens.
      Such evidence may include tenant leases, operating leases or agreements, management agreements, lender agreements or conditions, or similar documentation. The Mayor shall submit such evidence to Council, which shall, by a majority vote, confirm the Mayor’s determination that such development will be perpetually occupied by senior citizens.
   (b)   Related facilities which may be integrated into Senior Citizen Residential Facilities may include one or more of the following:
      (1)   Health facilities designed to meet the special needs of elderly residents, such as physical therapy offices, urgent care centers and pharmacies.
      (2)   Accessory uses which are incident to main uses provided they are planned and developed integrally with the main building(s), and will have no injurious effects on adjoining districts, including but not limited to:
         A.   Off-street parking as regulated in Section 1171.11;
         B.   Signs as regulated in Section 1171.10; and
         C.   Home occupations.
   (c)   Minimum Site Area. No senior citizen residence development shall be authorized with a gross site area of less than two acres.
   (d)   Maximum Density.
      (1)   For independent living units constructed pursuant to Section 1167.07(a)(1), the maximum density shall be twelve (12) units per acre.
      (2)   There will be no limit on the number of beds per acre for congregate living facilities, long-term care facilities and other similar uses built pursuant to Sections 1167.07(a)(2) - 1167.07(a)(4), provided all other applicable regulations are fully complied with.
   (e)   Maximum Building Height. The maximum building height shall be thirty-five (35) feet.
   (f)   Building Setback. The minimum setback for all buildings shall be fifty (50) feet from an existing public street right-of-way line. This setback shall be reduced to thirty (30) feet when parking is restricted to the side and rear yards.
   (g)   Side and Rear Yards. No building shall be less than twenty (20) feet from a side and rear lot line. When the adjacent property is in a residential zoning district, the required side and rear yard depth shall be ninety (90) feet.
   (h)   Minimum Unit Sizes. The minimum floor area of independent living units which have no congregate or common facilities shall be as indicated:
 
          Dwelling Unit Type
    Minimum Floor Area (sq. ft.)
One-bedroom unit
650
Two-bedroom unit
800
Three-bedroom unit
900
      Smaller units may be considered when congregate or common facilities are provided and when the Planning Commission determines that such supporting congregate or common facilities justify a reduction in the unit sizes.
   (i)   Screening. When any senior citizen residence facility is erected on a lot whose side lot line or rear lot line adjoins a residential district such side lot line or rear lot line shall be screened to a minimum height of six (6) feet by a hedge, planting or other screening as may be determined by the Planning Commission.
      (Ord. 112-1999. Passed 11-30-99.)