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A special exception may be granted for a life care (continuing care) facility, provided:
(a) The applicant has filed with the Maryland Office on Aging a Letter of Intent to provide continuing care, as provided in Article 70B of the Annotated Code of Maryland, as amended.
(b) Prior to construction, the applicant has obtained the following approvals from the appropriate State agencies: (not applicable to any special exception converted to a life care facility before May 6, 2002)
(1) A Final Certificate of Registration for a continuing care facility from the Maryland Office on Aging, in accordance with Article 70B and the applicable Maryland Regulations.
(2) An exemption from a Certificate of Need for a health care facility from the Maryland Health Resources Planning Commission (MHRPC), in accordance with the applicable sections of Article 19, title “Health Care Facilities.”
(c) The contract between the operator of the facility and a resident as well as the entrance fee or deposit and periodic service charges paid by the resident are structured to provide the resident with a continuity of residential occupancy and health care, potentially for life: (not applicable to any special exception converted to a life care facility before May 6, 2002)
(d) Occupancy of the dwelling units is restricted to persons 62 years of age or older, with the following exceptions:
(1) The spouse of a resident, regardless of age; or
(2) Another relative of a resident, 50 years of age or older.
If a resident dies while residing at the life care facility, the resident widow, widower or other surviving relative may be allowed to remain even though he or she has not reached the age of 62. Resident staff necessary for operation of the facility are also allowed to live on site. At least 80 percent of the dwelling units must be occupied by at least one person per unit who is 55 years of age or older.
(e) The facility must include the following:
(1) Dwelling units for independent or assisted living, or both. “Assisted living” is defined as providing meals plus other services to persons who may need some supervision or assistance in the activities of daily living but who do not need hospital or nursing care.
(2) A nursing home for the care of residents of the life care facility. If allowed by the terms of the exemption issued by the MHRPC (see Paragraph (b)(2), above), the nursing home may serve nonresidents for the first 5 years after the facility opens for occupancy. At the end of that 5 year period, occupancy of the nursing home must be restricted to residents of the life care facility, unless the Board makes a finding at that time that such a restriction would cause an undue hardship in terms of adequate patient care or financial feasibility, and the MHRPC agrees not to impose the restriction.
(f) The facilities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board may restrict their use to residents and staff only.
(g) Development standards:
(1) Maximum residential density: 15 units per acre of gross tract area, with the following exceptions:
(A) If the zone in which the facility is located permits a higher density, the maximum density of that zone applies, subject to the optional provisions for moderately priced dwelling units included in accordance with Chapter 25A of this Code, as amended.
(B) If the facility is located in a P-D, Planned Development Zone, the applicable standard is that for housing for senior adults or persons with disabilities, as stated in Paragraph (d) of Section 59-C-7.14.
(C) For property in a one-family residential zone, the Board may require a lower density for reasons of compatibility with the surrounding uses.
(2) Development is subject to the provisions of the residential portions of the MPDU provisions of Section 25A-5 of this Code.
(3) Minimum setback from street right-of-way: 25 feet or the setback prescribed by the zone, whichever is greater, except as provided in Paragraph (8), below.
(4) Minimum setbacks from all other external lot lines, except as provided in Paragraph (8), below:
(A) For a one-family detached or attached dwelling unit or a townhouse: 2 feet of setback for each one foot of building height, as measured at the elevation of the building facing that lot line.
(B) For a multiple-family dwelling, the nursing home or any other nonresidential building: 100 feet from any lot line separating the site from land zoned or master planned for one-family residential use, and 50 feet from a lot line adjoining any other existing or planned use.
(5) Maximum building height, except as provided in Paragraph (8), below: 35 feet.
(6) Maximum lot coverage: as specified by the applicable zone.
(7) Minimum green area, except as provided in Paragraph (8), below: 50 percent.
(8) If the property is in a multiple-family zone regulated by Division 59-C-2, a CBD zone regulated by Division 59-C-6, any PUD Zone regulated by Division 59-C-7, or the TS-R Zone regulated by Division 59-C-8, the development standards of the relevant zone apply.
(h) Parking must be provided in accordance with the standards for (1) housing and related facilities for senior adult or person with disabilities and (2) a nursing home, as provided in Division 59-E-3, title “Numbers of Spaces Required;” the numbers of spaces required for the 2 uses are additive. The provisions of Division 59-E-2, title “Plans and Design Standards,” apply.
(i) An existing facility that receives a Certificate of Registration as a continuing care facility from the Maryland Office on Aging, in accordance with Article 70B of the Annotated Code of Maryland, as amended, or a facility for which special exceptions have been granted in accordance with Sections 59-G-2.35 and 59-G-2.37, in order to qualify for such certification, is a conforming use. It may be constructed and operated in compliance with the conditions of the applicable special exceptions and amended in accordance with the provisions of Sections 59-G-2.35 and 59-G-2.37 in effect at the time the amendment to the special exception is granted. If damaged the facility may be rebuilt, repaired and/or reconstructed.
(Legislative History: Ord. No. 11-73, § 12; Ord. No. 14-47, § 1.)