Absecon City Zoning Code
ARTICLE XXXI
Senior Citizen Housing Community Overlay District
§ 224-240 Intent and purpose.
[Ord. No. 11-2000 § 224-240]
A.
The intent of the Senior Citizen Housing Community Overlay Districts are to advance the purpose of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-2L) which is to encourage senior citizen community housing, and to permit a residential community designed for senior citizens which contains residential dwelling units, nursing facilities, assisted living facilities, open space and may include medical facilities as well as social, cultural and recreational facilities.
B.
Regulations in District. The use, height and area regulations of Section 224-242A and Section 224-243A inclusive, and those regulations set forth elsewhere in this chapter, where applicable to these sections, and the general regulations of Article XVIII are the regulations in Senior Citizen Housing Community Overlay District A.
C.
Regulations in District. The use, height and area regulations of Section 224-242B and Section 224-243B inclusive, and those regulations set forth elsewhere in this chapter, where applicable to these sections, and the general regulations of Article XVIII are the regulations in Senior Citizen Housing Community Overlay District B.
§ 224-241A Districts affected.
[Ord. No. 11-2000 § 224-241A]
The areas included in the Senior Citizen Housing Community Overlay District A include the following zoning districts:
§ 224-241B Districts affected.
[Ord. No. 11-2000 § 224-241B]
A.
The area included in the Senior Citizen Housing Community Overlay District B includes the C-1 Zoning District.
B.
In addition to uses permitted in the C-1 Zoning District by the Absecon Developmental Ordinance, the uses and regulations in Sections 224-242B, 224-243B, 224-244, 224-245B, 224-246B, 224-247 through 224-250 are applicable as an overlay, provided that the retail uses only front on New Jersey Avenue, U.S. Route 30, or Shore Road.
§ 224-242A Permitted uses.
[Ord. No. 11-2000 § 224-242A]
A building or land shall be used only for following purposes in District A:
A.
Residential Senior Citizen Community designed for senior citizens which may include the following uses:
(1)
Independent living facilities.
(2)
Assisted living facilities.
(3)
Nursing facilities.
(4)
Medical facilities.
(5)
Social, cultural facilities.
(6)
Adult day care facilities.
(7)
Open space.
(8)
Golf courses.
(9)
Indoor and outdoor recreation facilities.
(10)
Congregate senior residences.
(11)
Long-term care facilities.
(12)
Extended care facility.
(13)
Intermediate care facility.
(14)
Adult retirement community.
(a)
A "senior citizen housing community" is a planned community that includes any one or all of permitted uses listed above.
(b)
The above uses are permitted provided the senior citizen can contract for a lifetime or lesser duration use of a unit and may receive health care, including but not limited to food services; housekeeping, maintenance, utilities and the use of social, recreational, and cultural faculties.
(c)
Health care, food service and the use of recreational, social and cultural facilities may also be offered on a contract basis to nonresident senior citizens. The regulations for such a community must comply with all applicable federal regulations governing age-restricted housing.
B.
Accessory uses and buildings. Accessory uses and buildings shall be uses and buildings customarily incidental to the principal uses listed as permitted. They shall be understood to include but not be limited to, swimming pools, pool houses, coffee shops, gift shops, barber shops, beauty salons, gatehouses, garages, carports, guardhouses and storage facilities for maintenance and equipment. Cultural and recreational structures shall be permitted.
§ 224-242B Permitted uses.
[Ord. No. 11-2000 § 224-242B]
A building or land shall be used only for following purposes in District B:
A.
Residential senior citizen community designed for senior citizens which may include the following uses:
(1)
Independent living facilities.
(2)
Assisted living facilities.
(3)
Medical facilities.
(4)
Social, cultural facilities.
(5)
Adult day care facilities.
(6)
Indoor and outdoor recreation facilities.
(7)
Congregate senior residences.
(8)
Intermediate care facility.
(9)
Adult retirement community.
(a)
A "senior citizen housing community" is a planned community that includes any one or all of permitted uses listed above.
(b)
The above uses are permitted provided the senior citizen can contract for a lifetime or lesser duration use of a unit and may receive health care, including but not limited to food services; housekeeping, maintenance, utilities and the use of social, recreational, and cultural faculties.
(c)
Health care, food service and the use of recreational, social and cultural facilities may also be offered on a contract basis to nonresident senior citizens. The regulations for such community must comply with all applicable federal regulations governing age-restricted housing.
B.
Accessory uses and buildings. Accessory uses and buildings shall be uses and buildings customarily incidental to the principal uses listed as permitted. They shall be understood to include but not be limited to, swimming pools, pool houses. Cultural and recreational structures shall be permitted.
§ 224-243A Bulk and area requirements for District A.
[Ord. No. 11-2000 § 224-243A]
A.
Lot area: 10 acre minimum.
B.
Impervious coverage: 65% max.
C.
Front yard setback: 100 feet min.
D.
Side yard setback: 50 feet min.
E.
Rear yard setback: 50 feet min.
F.
Parking setback: 15 feet min. between buildings and parking areas.
G.
Building height:
35 feet max. with minimum fifty-foot setback | |
45 feet max. with minimum one hundred-foot setback | |
55 feet max. with minimum one hundred twenty-five-foot setback | |
65 feet max. with minimum one hundred fifty-foot setback |
H.
Lot width: 100 feet min.
I.
Buffer strip is required along all side and rear lot lines that adjoin an existing residential use. The purpose of this buffer is to screen the view of automobiles in parking areas and reduce the glare of the automobile headlights and reduce noise. The buffer strip adjoining parking areas shall be at least 25 feet in width as measured from the property line and shall consist of any/or a combination of the following: existing trees and shrubs, and new landscaping. The preservation of natural vegetation as part of the buffer strip is encouraged. Additional plantings of trees and shrubs shall be required to insure an effective buffer. The buffer strip shall have sufficient materials to obscure any glare of automobile headlights year round.
The maintenance of the buffer shall be the responsibility of the property owner. The Board may grant a reduction in the twenty-five-foot wide buffer strip provided the applicant can demonstrate to the Board and the Board's landscape architect that the reduced buffer can adequately satisfy the purpose described above.
J.
Parking space perimeter setback: twenty-five-foot minimum adjoining residential uses. Parking is permitted in the front yard area provided that there is a minimum fifty-foot landscaped area between the public R.O.W. and the parking area.
K.
Permitted density. There is no limit to permitted density for nursing facilities, assisted living facilities or independent living residential units. Independent living units are for senior citizens only and shall not exceed two bedrooms per unit. The intensity of the site is controlled by the site coverage, setbacks and building height requirements of this section. The inclusion of 5% low-income and 5% moderate-income housing is required. Low- or moderate-income housing shall be consistent with the Absecon Housing Element and include appropriate measures for affordability controls.
L.
Physical characteristics of buildings. A maximum length of 150 feet per freestanding building shall be permitted. Up to three such one-hundred-fifty-foot maximum depth buildings may be attached, provided that an angle of at least 30° exists between adjacent buildings. However, there can be no continuous roofline or continuous front and/or rear building line of more than 80 linear feet. It is the purpose of this section to provide for both broken rooflines and different setbacks and to break up a straight linear configuration. Buildings connected by party or common walls shall not be considered separate buildings for the purposes of this section. Buildings connected by open walkways may be considered separate buildings for the purposes of paragraph N. dealing with space between buildings.
M.
Bedroom content. The applicant shall furnish as part of the project submittal data indicating the proposed mix of bedrooms of structures included within the development. Independent living units shall not exceed two bedrooms.
N.
Space between buildings. No building shall be closer than 30 feet to any other building.
O.
Floor area of independent living units. A studio-type unit shall contain not less than 400 square feet; a unit intended for single occupancy, one-bedroom design, shall contain not less than 500 square feet; and a unit with two bedrooms shall contain not less than 600 square feet.
P.
Social and recreational facilities shall reflect, insofar as possible, references of the anticipated residents. Indoor facilities shall include hobby or craft facilities, lounging areas which may also be used for meetings and group activities, card rooms, lavatories and may include an indoor swimming pool. Outdoor facilities shall include pedestrian walks and benches, and may include shuffleboard, horseshoe courts, pavilions, outdoor pool and the like.
Q.
The architectural design of all buildings and the site location and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements and shall take into account the desires and needs of older persons for privacy, participating in social community activities and access to community activities. At the same time, provisions shall be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible. The architectural design as aforesaid shall be a matter of review by the Planning Board. The applicant shall comply to the criteria as aforesaid or provide good and sufficient cause not to comply and offer acceptable alternatives. The use of natural materials, such as wood, brick or stone, is encouraged.
R.
Laundry facilities, either located in individual units or in common areas, shall be provided for the use of residents.
§ 224-243B Bulk and area requirements for District B.
[Ord. No. 11-2000 § 224-243B]
A.
Lot area: two acre minimum.
B.
Impervious coverage: 80% maximum.
C.
Front yard setback:
25 feet minimum adjoining residential streets or adjoining residential uses | |
8 feet minimum along New Jersey Avenue |
D.
Side yard setback: eight feet minimum.
E.
Rear yard setback: eight feet minimum.
F.
Building height:
35 feet max. with minimum twenty-five-foot setback | |
45 feet max. with minimum fifty-foot setback |
G.
Lot width: 75 feet min.
H.
Buffer strip is required along all side and rear lot lines that adjoin an existing residential use. The purpose of this buffer is to screen the view of automobiles in parking areas and reduce the glare of the automobile headlights and reduce noise. The buffer strip adjoining parking areas shall be at least 15 feet in width as measured from the property line and shall consist of any/or a combination of the following: existing trees and shrubs, board on board fencing and new landscaping. The preservation of natural vegetation as part of the buffer strip is encouraged. Additional plantings of trees and shrubs shall be required to insure an effective buffer. The buffer strip shall have sufficient materials to obscure any glare of automobile headlights year round. The maintenance of the buffer shall be the responsibility of the property owner. The Board may grant a reduction in the fifteen-foot wide buffer strip provided the applicant can demonstrate to the Board and the Board's landscape architect that the reduced buffer can adequately satisfy the purpose described above.
I.
Permitted density. There is no limit to permitted density for assisted living facilities or independent living residential units. Independent living units are for senior citizens only and shall not exceed two bedrooms per unit. The intensity of the site is controlled by the site coverage, setbacks and building height requirements of this section. The inclusion of 5% low-income and 5% moderate-income housing is required. Low- or moderate-income housing shall be consistent with the Absecon Housing Element and include appropriate measures for affordability controls.
J.
Physical characteristics of buildings. A maximum length of 150 feet per freestanding building shall be permitted. Up to three such one-hundred-fifty-foot maximum depth buildings may be attached, provided that an angle of at least 30° exists between adjacent buildings. However, there can be no continuous roofline or continuous front and/or rear building line of more than 80 linear feet. It is the purpose of this section to provide for both broken rooflines and different setbacks and to break up a straight linear configuration. Buildings connected by party or common walls shall not be considered separate buildings for the purposes of this section.
K.
Bedroom content. The applicant shall furnish as part of the project submittal data indicating the proposed mix of bedrooms of structures included within the development. Independent living units shall not exceed two bedrooms.
L.
Floor area of independent living units. A studio-type unit shall contain not less than 400 square feet; a unit intended for single occupancy, one-bedroom design, shall contain not less than 500 square feet; and a unit with two bedrooms shall contain not less than 600 square feet.
M.
Social and recreational facilities shall reflect, insofar as possible, references of the anticipated residents. Indoor facilities shall include hobby or craft facilities, lounging areas which may also be used for meetings and group activities, card rooms, lavatories and may include an indoor swimming pool. Outdoor facilities shall include pedestrian walks and benches, and may include shuffleboard, horseshoe courts, pavilions, outdoor pool and the like.
N.
The architectural design of all buildings and the site location and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements and shall take into account the desires and needs of older persons for privacy, participating in social community activities and access to community activities. At the same time, provisions shall be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible. The architectural design as aforesaid shall be a matter of review by the Planning Board. The applicant shall comply to the criteria as aforesaid or provide good and sufficient cause not to comply and offer acceptable alternatives. The use of natural materials, such as wood, brick or stone, is encouraged.
O.
Laundry facilities, either located in individual units or in common areas, shall be provided for the use of residents.
§ 224-244 Design standards.
§ 224-245A Landscaping and buffers for District A.
§ 224-245B Landscaping and buffers for District B.
§ 224-246A Parking for District A.
[Ord. No. 11-2000 § 224-246A]
Parking requirements. Guidelines offered for provided parking are as follows:
Minimum Spaces Recommended | |
|---|---|
Independent living unit: | 1/unit |
Nursing bed: | 0.3/bed |
Assisted living bed: | 0.3/bed |
Employee (peak shift): | 0.5/employee |
The actual parking need shall be determined by the number of employees attended to occupy the facility and the number of residents, visitors, guests anticipated to occupy the units or visit the site at peak periods. It is the obligation of the applicant to demonstrate to the Board actual need for parking by the presentation of parking generation studies from authorities on the subject of parking generation. Publications by the Institute of Transportation Engineers (ITE) or the American Planners Association (APA) or other professional associations will be considered. The Board may consider permitting a 20% reduction in required parking provided an area is reserved for expansion in the event the parking is determined to be necessary by the Board at a future date or by the applicant. If the additional parking is pre-engineered and reviewed by the Board and Board's professionals at the time of the original approval is granted, the additional parking can be constructed at the time of the original approval is granted, the additional parking can be constructed by the applicant at their discretion without returning to the Board. This is permitted provided the applicant informs the City Engineer in writing and posts an inspection escrow prior to actual construction taking place. |
§ 224-246B Parking for District B.
[Ord. No. 11-2000 § 224-246B]
Parking requirements. Guidelines offered for provided parking are as follows:
Minimum Spaces Recommended | |
|---|---|
Independent living unit: | 1/unit |
Assisted living bed: | 0.3/bed |
Employee (peak shift): | 0.5/employee |
The actual parking need shall be determined by the number of employees attended to occupy the facility and the number of residents, visitors, guests anticipated to occupy the units or visit the site at peak periods. It is the obligation of the applicant to demonstrate to the Board actual need for parking by the presentation of parking generation studies from authorities on the subject of parking generation. Publications by the Institute of Transportation Engineers (ITE) or the American Planners Association (APA) or other professional associations will be considered. The Board may consider permitting a 20% reduction in required parking provided an area is reserved for expansion in the event the parking is determined to be necessary by the Board at a future date or by the applicant. If the additional parking is pre-engineered and reviewed by the Board and Board's professionals at the time of the original approval is granted, the additional parking can be constructed at the time of the original approval is granted, the additional parking can be constructed by the applicant at their discretion without returning to the Board. This is permitted provided the applicant informs the City Engineer in writing and posts an inspection escrow prior to actual construction taking place. |
§ 224-247 Lighting.
[Ord. No. 11-2000 § 224-247]
Lighting shall conform to Section 224-130, which includes the requirement to design lighting to prevent glare upon surrounding properties.
§ 224-248 Public notice.
[Ord. No. 11-2000 § 224-248]
Public notice shall be required in accordance with N.J.S.A. 40:55D-12.
§ 224-249 General provisions.
[Ord. No. 11-2000 § 224-249]
For general provisions refer to Section 224-154.
§ 224-250 Definitions.
[Ord. No. 11-2000 § 224-250]
The following definitions of terms shall be used for the purpose of this Article:
A facility that offers daily organized social and recreational activities, transportation services, meals, and other support services appropriate for senior citizens.
Residences for frail elderly that provide rooms/beds, meals, personal care, and supervision of self- administered medication. Other services, such as recreation activities, financial services, and transportation.
Apartments and dwellings for the elderly that provide communal dining facilities and services, such a housekeeping, organized social and recreation activities, transportation services, and other support services appropriate for the senior residences.
A long-term facility licensed or approved by the state as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
An age-restricted planned development that emphasizes social and recreational activities but may also provide personal services, limited health facilities, and transportation. Communal dining may be provided.
A facility that provides personal care (including: dressing, eating, and health-related care and services) on a regular basis, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility would provide.
A facility that contains establishments dispensing health services.
An institution that is licensed or approved by the state to provide health care under medical supervision for 24 or more consecutive hours.
§ 224-251 Repealer; severability; effective date.
[Ord. No. 11-2000 § 224-251]
A.
Any ordinance or portion of ordinances inconsistent with this Article is hereby repealed to the extent of such inconsistency.
B.
If any portion of this Article is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this article which shall remain in full force and effect.
C.
The ordinance codified in this Article shall take effect in the time and manner prescribed by law.