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A special exception may be granted for housing and related facilities for senior adults or persons with disabilities, subject to the following provisions:
(a) Prerequisites for granting:
(1) A minimum of 15 percent of the dwelling units is permanently reserved for households of very low income, or 20 percent for households of low income, or 30 percent for households of MPDU income. If units are reserved for households of more than one of the specified income levels, the minimum percentage must be determined by agreement with the Department of Housing and Community Affairs in accord with Executive regulations. Income levels are defined as follows:
(A) “MPDU income” is the income limit determined by the Department of Housing and Community Affairs in the administration of the moderately priced dwelling unit (MPDU) program, as prescribed by Chapter 25A.
(B) “Low income” is income at or below 60 percent of the area median income adjusted for household size.
(C) “Very low income” is income at or below 50 percent of the area median income adjusted for household size.
(D) “Area median income” is as determined annually by the U.S. Department of Housing and Urban Development.
(2) The site or the proposed facility has adequate accessibility to or provides on site public transportation, medical service, shopping areas, recreational and other community services frequently desired by senior adults or persons with disabilities.
(3) The site or the proposed facility is reasonably well protected from excessive noise, air pollution, and other harmful physical influences.
(b) Occupancy of a dwelling unit is restricted to the following:
(1) A senior adult or person with disabilities, as defined in Section 59-A-2.1;
(2) The spouse of a senior or disabled resident, regardless of age or disability;
(3) A resident care-giver, if needed to assist a senior or disabled resident; or
(4) In a development designed primarily for persons with disabilities rather than senior adults, the parent, daughter, son, sister or brother of a handicapped resident, regardless of age or disability.
Additional Occupancy Provisions are:
(5) Age restrictions must comply with at least one type of exemption for housing for older persons from the familial status requirements of the federal “Fair Housing Act,” Title VIII of the Civil Rights Act of 1968, and subsequent amendments thereto. (In that Act, “familial status” refers to discrimination against families with children.)
(6) Resident staff necessary for operation of the facility are also allowed to live on site.
(c) Development standards, other than density, in residential zones where allowed by special exception:
(1) Minimum setbacks:
(A) From street: 50 feet. Except for an access driveway, this must be maintained as green area. However, if development does not exceed the height limit of the applicable one-family zone, the minimum setback specified by the zone applies.
(B) From side and rear lot lines: 25 feet or as specified by the relevant zone, whichever is greater.
(2) Maximum building height: four stories or the height of the applicable zone, whichever is less. Additional height up to six stories is permitted if the additional height is in conformity with the general character of the neighborhood considering population density, design, scale and bulk of the proposed building, traffic and parking conditions.
(3) Maximum lot coverage: As specified by the relevant zone.
(4) Minimum green area:
(A) R-60, R-90, and the RT Zones: 50 percent
(B) R-150 and R-200 Zones: 60 percent
(C) RE-1, RE-2, and RE-2C Zone: 70 percent, except where the minimum green area requirement is established in an approved and adopted master plan.
The Board may reduce the green area requirement by up to 15% if it is necessary to accommodate a lower building height for compatibility reasons.
(d) Development standards, other than density, in the R-30, R-20, R-10 and R-H Zones are as specified by the relevant zone in Section 59-C-2.41, except that the lot coverage and building setbacks may be modified as specified in Section 59-C-2.42 concerning standards for moderately priced dwelling units.
(e) Maximum density:
In the Rural, Rural Cluster, RE-2, RE-2C, RE-1, R-200, R-150, R-90, R-60, R-40, RT-6, RT-8, RT-10, and RT-12.5 Zones, the number of units is governed by the overall size of the building as determined in accordance with the development standards by Paragraph (c) of this section. Minimum unit size is governed by the minimum space and other relevant standards of Chapter 26, title “Housing Standards,” of this Code, as amended.
(f) Parking and loading:
Parking must be provided in accordance with the provisions of Section 59-E-3.7 and Section E-2.83. The Board must require adequate scheduling and long-term continuation of any services for which parking credits are granted in accordance with Section 59-E-3.33(b) and may require additional parking for any facilities and services provided in accordance with Paragraph (g)(2) of this section, if they serve nonresident senior adults or persons with disabilities. When considering the need for additional parking, the Board may consider the availability of nearby public or private parking facilities.
(g) Additional provisions:
(1) One or more of the following ancillary facilities and services may be included to serve the residents and possibly nonresident senior adults or persons with disabilities. The Board may restrict the availability of such services to nonresidents and specify the manner in which this is publicized.
(A) Provision for on-site meal service;
(B) Medical or therapy facilities or space for mobile medical or therapy services;
(C) Nursing care;
(D) Personal care services;
(E) Day care for senior adults or persons with disabilities;
(F) On-site facilities for recreation, hobbies or similar activities; or
(G) Transportation to such off-site facilities and services as shopping, religious, community or recreational facilities, or medical services.
(2) Retail facilities may be included to serve exclusively the residents of the building.
(3) The application must contain a vicinity map showing major thoroughfares, public transportation routes and stops, and the location of commercial, medical and public services within a one-mile radius of the proposed facility.
(4) Construction is subject to all applicable Federal, State and County licenses or certificates.
(h) Provisions governing facilities approved prior to March 7, 1990:
(1) A housing facility for senior adults or persons with disabilities existing before May 6, 2002, is a conforming use and structure, and may be continued in accordance with the terms and conditions of the special exception grant. Modifications may be approved that are in compliance with the special exception standards in effect at the time the modification is filed. If damaged, the facility may be rebuilt, repaired or reconstructed as it existed on May 6, 2002.
(2) A housing facility for senior adults or persons with disabilities existing on March 7, 1990, or for which a petition was approved prior to March 7, 1990, located on property containing at least 85 acres of land, may be extended, enlarged, or modified in accordance with the special exception standards in effect prior to March 7, 1990.
(Legislative History: Ord. No. 8-59, § 8; Ord. No. 9-14, § 2; Ord. No. 9-48, § 1; Ord. No. 10-32, § 15; Ord. No. 10-63, § 3; Ord. No. 10-79, § 1; Ord. No. 11-72, § 12; Ord. No. 13-34, § 1; Ord. No. 13-76, §1; Ord. No. 14-47, § 1.)
Cross references-Group residential care facilities, ; hospitals, sanitariums, nursing and care homes, .