A. Defined, In General
Group Living means the residential occupancy of a structure by a group of people that does not meet the definition of any Household Living use under Section 3.3.1.
Defined
Dormitory means a building or portion of a building used for sleeping purposes in connection with a school, college, or other institution.
1. Defined
Independent Living Facility for Seniors or Persons with Disabilities means a building or collection of buildings, of any building type, containing dwelling units for senior adults or persons with disabilities. An Independent Living Facility for Seniors or Persons with Disabilities may include on-site support services such as meal preparation and service, day care, personal care, nursing or therapy, or any service to the senior adult or disabled population of the community that is an ancillary part of one of these operations. Support services may be located either in the same structure as the dwelling units or in a structure physically separated from the independent living dwelling units.
2. Use Standards
a. Where an Independent Living Facility for Seniors is allowed as a limited use, it must satisfy the following standards:
i. The facility must meet all applicable Federal, State, and County licensure, certificate, and regulatory requirements.
ii. Resident staff necessary for the operation of the facility are allowed to live on-site.
iii. Occupancy of a dwelling unit is restricted to the following:
(a) a senior adult, as defined in Section 1.4.2, Defined Terms;
(b) other members of the household of a senior adult, regardless of age;
(c) a resident care-giver, if needed to assist a senior resident; or
(d) a person authorized to occupy housing provided under any federal or state program that is specifically designed and operated to assist seniors as defined in that program.
(e) If imposing age restrictions that would limit occupancy otherwise allowed by this Subsection, the facility must only impose age restrictions that satisfy 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, as amended, or the state Fair Housing Act, Subtitle 7 of Title 20 of the Annotated Code of Maryland, State Government Article, as amended.
b. Where an Independent Living Facility for Persons with Disabilities is allowed as a limited use, it must satisfy the following standards:
i. The facility must meet all applicable federal, state, and County licensure, certificate, and regulatory requirements.
ii. Resident staff necessary for the operation of the facility are allowed to live on-site.
iii. Occupancy of a dwelling unit is restricted to the following:
(a) a person with disabilities, as defined in Section 1.4.2, Defined Terms;
(b) other members of the household of a person with a disability, regardless of age;
(c) a resident caregiver, if needed to assist a resident with a disability; or
(d) a person authorized to occupy housing provided under any federal or state program that is specifically designed and operated to assist persons with disabilities as defined in that program.
c. Where an Independent Living Facility for Seniors or Persons with Disabilities is allowed as a conditional use, it may be permitted by the Hearing Examiner under all limited use standards, Section 7.3.1, Conditional Use, and the following standards:
i. The site or the proposed facility has adequate accessibility to or provides on-site public transportation, medical service, shopping areas, recreation and other community services frequently desired by senior adults or persons with disabilities. The application must include 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.
ii. The Hearing Examiner may restrict the availability of ancillary services to nonresidents and specify the manner in which this is publicized. Retail facilities may be included for the exclusive use of the residents of the building.
iii. A minimum of 15% of the dwelling units is permanently reserved for households of very low income, or 20% for households of low income, or 30% for households of MPDU income, and otherwise satisfies Chapter 25A. 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 under Executive regulations. Income levels are defined in Section 1.4.2, Defined Terms.
iv. The maximum building height of an Independent Living Facility for Seniors or Persons with Disabilities is the height of the applied-for building type in the underlying zone under the standard method of development, except for the apartment building type which may be up to 60 feet. If a particular building type is not allowed under the standard method of development, the maximum height is the height of a Conditional Use in the underlying zone. The maximum density is determined by the Hearing Examiner under the development standards of Section 3.3.2.C.2.c.vi through Section 3.3.2.C.2.c.ix, without regard to any other limitation in this Chapter.
v. Height, density, coverage, and parking must be compatible with surrounding uses and the Hearing Examiner may modify height, density, coverage, and parking to maximize the compatibility of buildings with the residential character of the surrounding neighborhood.
vi. The minimum front setback to the street for a lot abutting a property not included in the application is equal to the front setback for a detached house in the underlying zone under the standard method of development. Except for an access driveway, this front setback area must be maintained as green area.
vii. The minimum side and rear setback is 25 feet to abutting lots not included in the application.
viii. The minimum green area is 50%.
ix. Principal building setbacks for all building types must meet the minimum setbacks required under the standard method of development for the subject building type in the R-30 zone (see Section 4.4.14.B.3, Placement).
1. Defined, In General
Personal Living Quarters means any building or portion of a building containing more than 5 individual living units, with shared cooking facilities and may have shared sanitation facilities. Personal Living Quarters does not include Multi-Unit Living or Hotel, Motel.
2. Use Standards
a. Personal Living Quarters (Up to 50 Individual Living Units)
Where Personal Living Quarters (Up to 50 Individual Living Units) are allowed as a limited use, it must satisfy the following standards:
i. Each individual living unit must have a minimum gross floor area of 150 square feet and a maximum gross floor area of 385 square feet.
ii. Each individual living unit is prohibited from having complete cooking facilities such as a stove, oven, or similar device, but may contain equipment for incidental food preparation, such as small portable kitchen appliances.
iii. Each individual living unit may contain separate sanitation facilities.
iv. Each individual living unit must have a rental agreement with a minimum lease term of at least 30 days. Copies of the rental agreement must be available for inspection by, and provided upon demand to the County.
v. The maximum number of individual living units per acre is as follows:
(a) in the R-30 zone, 29 units per acre;
(b) in the R-20 zone, 43 units per acre; and
(c) in the R-10 zone, 87 units per acre.
vi. If individual living units are constructed on a lot or included in a building with complete dwelling units, the density standard for dwelling units in the zone applies to that portion of the lot that contains complete dwelling units.
b. Personal Living Quarters (Over 50 Individual Living Units)
Where Personal Living Quarters (Over 50 Individual Living Units) are allowed as a conditional use, it may be permitted by the Hearing Examiner under all limited use standards for Personal Living Quarters (Up to 50 Individual Living Units), Section 7.3.1, Conditional Use, and the following standards:
i. An applicant for Personal Living Quarters must submit evidence which shows how the maintenance and management of the Personal Living Quarters will be provided. The Hearing Examiner may require on-site management and maintenance.
ii. Common open space may be required by the Hearing Examiner as follows:
(a) 10% of the gross floor area of the Personal Living Quarters if the smallest individual living unit has a gross floor area of less than 200 square feet; and
(b) 5% of the gross floor area of the Personal Living Quarters if the smallest individual living unit has a gross floor area of 200 square feet or greater.
1. Defined, In General
Residential Care Facility means a group care or similar arrangement for the care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual, in which:
a. the facility must meet all applicable Federal, State, and County certificate, licensure, and regulatory requirements;
b. resident staff necessary for operation of the facility are allowed to live on-site; and
c. the number of residents includes members of the staff who reside at the facility, but does not include infants younger than 2 months old.
Residential Care Facility includes a nursing home, an assisted living facility, a Continuing Care Retirement Community, a hospice, a group home, and a Senior Care Community. Residential Care Facility does not include a Hospital (see Section 3.4.6, Hospital) or Independent Living Facility for Seniors or Persons with Disabilities (see Section 3.3.2.C, Independent Living Facility for Seniors or Persons with Disabilities).
2. Use Standards
a. Residential Care Facility (Up to 8 Persons)
Where a Residential Care Facility (Up to 8 Persons) is allowed as a limited use it may be prohibited under Section 3.1.5, Transferable Development Rights.
b. Residential Care Facility (9 - 16 Persons)
i. Where a Residential Care Facility (9 - 16 Persons) is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
ii. Where a Residential Care Facility (9 - 16 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
(a) A group home for children must provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children to be cared for.
(b) Height, density, coverage, and parking standards must be compatible with surrounding uses and the Hearing Examiner may modify any standards to maximize the compatibility of the building with the residential character of the surrounding neighborhood.
(c) In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
c. Residential Care Facility (Over 16 Persons)
i. Where a Residential Care Facility (Over 16 Persons) is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
ii. Where a Residential Care Facility (Over 16 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
(a) The facility may provide ancillary services such as transportation, common dining room and kitchen, meeting or activity rooms, convenience commercial area or other services or facilities for the enjoyment, service or care of the residents. Any such service may be restricted by the Hearing Examiner.
(b) A group home for children must provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children who will use the facility.
(c) Where residential dwelling units are provided
(1) the maximum residential density per lot area is 15 units per acre or the maximum density allowed in the zone, whichever is greater; and
(2) the minimum green area is 50%.
(d) Where facility size is based on the number of beds, not dwelling units, the following lot area is required:
(1) In the R, RC, and RNC zones, 2,000 square feet per bed or 5 acres, whichever is greater.
(2) In all other zones, the minimum lot area is 2 acres or the following, whichever is greater:
(A) in RE-2, RE-2C, RE-1, and R-200 zone: 1,200 square feet per bed;
(B) in R-60, R-90, and R-40 zone: 800 square feet per bed;
(C) in TLD, TMD, THD, R-30, and R-20 zone: 600 square feet per bed; and
(D) in R-10: 300 square feet per bed.
(e) Principal building setbacks for all building types must meet the minimum setbacks required under the standard method of development for the subject building type in the R-30 zone (see Section 4.4.14.B.3, Placement).
(f) The minimum side setback is 20 feet to abutting lots not included in the application.
(g) Independent dwelling units must satisfy the MPDU provisions of Chapter 25 (Section 25.A-5).
(h) In a Continuing Care Retirement Community and a Senior Care Community, occupancy of any independent dwelling unit is restricted to persons 62 years of age or older, with the following exceptions:
(1) the spouse of a resident, regardless of age;
(2) another relative of a resident, 50 years of age and older;
(3) the resident widow, widower, or other surviving relative of a resident who dies while residing at the Continuing Care Retirement Community or the Senior Care Community is allowed to remain, even though the resident widow, widower, or other surviving relative has not reached the age of 62.
A minimum of 80% of the dwelling units must be occupied by at least one person per unit who is 55 years of age or older.
(i) Height, density, coverage, and parking standards must be compatible with surrounding uses; the Hearing Examiner may modify any standards to maximize the compatibility of the building with the residential character of the surrounding neighborhood.
(j) In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
(Legislative History: Ord. No. 18-08, §3; Ord. No. 18-24, §1; Ord. No. 18-52, §1; Ord. No. 19-16, § 2; Ord. No. 19-20, § 1.)