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(a) A planned retirement community of less than 750 acres must be restricted to permanent residents 50 years of age or over, except, that a disabled relative may reside with a permanent resident. In addition, residence must be regulated in accordance with the provisions of the Fair Housing Amendments Act of 1988, as may be subsequently amended. The number of dwelling units must not exceed 10 per acre, except as further provided in Section 59-C-7.44(b)(3.).
(b) A planned retirement community of 750 acres or more may include a section in which there is no restriction upon the age of residents. The facilities listed in section 59-C-7.421(a) are not required in this age-unrestricted section and land must be dedicated for public school sites.
(1) Age-restricted section. An area containing not less than 60 percent of the total number of dwelling units must be restricted to permanent residents 50 years of age or over, except, that a disabled relative may reside with a permanent resident. In addition, residence must be regulated in accordance with the provisions of the Fair Housing Amendments Act of 1988, as may be subsequently amended. The number of dwelling units in that part of the planned retirement community shall not exceed 10 per acre of the land constituting the age-restricted section, including the retail commercial center and the associated off-street parking, except as further provided in section 59-C-7.44(b)(3).
(2) Age-unrestricted section. The number of dwelling units in the area not included in the age-restricted section must not exceed 6 dwelling units per acre of land constituting the unrestricted section, except as further provided for in section 59-C-7.44(b)(3).
(3) Moderately priced dwelling units (MPDUs) must be provided in each section (age-restricted and unrestricted) in accordance with chapter 25A of this Code, as amended, including provisions for density bonus. The requirement to provide moderately priced dwelling units does not apply to the age-restricted section of a planned retirement community for which construction was initiated prior to the adoption in 1974 of Chapter 25A. (Laws of Montgomery County, 1974, ch. 17, sec. 1, et seq.) All development on any property added to the age-restricted area after April 4, 1994 will be subject to the provisions of Chapter 25A of this Code.