The purpose of these regulations is to provide a housing alternative for persons aged 55 and older who wish to live in a community setting with similar individuals. This subchapter recognizes a need for this particular housing alternative. The standards set forth in this subchapter are intended to ensure that these developments provide a quality of life and level of service to accommodate the residents' needs and to also minimize any adverse effect on surrounding properties. It is the intention of these regulations to ensure that these facilities be compatible with the general character of the surrounding area. This provision recognizes that housing for persons aged 55 or older customarily has less impact on the community and surrounding properties than multifamily developments and, therefore, separate development standards apply.

(Ord. passed 10-30-06)

   (A)   Buildings containing dwelling units may be single-family, two-family or contain up to six dwelling units.

   (B)   Community space consisting of a minimum of 15 square feet per bedroom shall be required to provide social and recreational facilities for the development.

   (C)   The senior independent living facility shall be occupied only by at least one person who is 55 years of age or older, provided that:

      (1)   At least 80% of the units are occupied by at least one person 55 years of age or older per unit;

      (2)   The housing accommodations has significant facilities and services designed to meet the physical or social needs of older persons, or if the provisions of those facilities and services is not practicable, that the housing is necessary to provide important opportunities for older persons; and

      (3)   The owner or manager has published and adhered to policies and procedures which demonstrate an intent to provide housing for persons 55 years of age or older.

   (D)   Buildings that do not include laundry facilities within each dwelling unit shall include adequate common laundry facilities within the development.

   (E)   All structures, building and facilities within the development shall be designed and operated for the development's community and their guests only.

   (F)   Articles of incorporation, declaration of association, by-laws, endowments, leases, deed restrictions and all similar documents shall be reviewed for compliance with this subchapter by the Town Solicitor as a condition of approval, and shall include a recorded covenant or restriction as to the age requirement in division (C).

(Ord. passed 10-30-06; Am. Ord., As Amended, passed 8-2-09)

   No building permit for a senior independent living facility shall be issued until a land development project application is approved in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

   In addition to the items listed on the applicable land development project submission checklist, an application to construct a senior independent living facility shall contain a development plan, including the following:

   The following standards of development shall apply to all senior independent living facilities developments.

   (A)   No senior independent living facility shall be located on any lot less than five acres of developable land area.

   (B)   (1)   No lot on which a senior independent living facility is located shall have less than 8,000 square feet of developable land area for each unit in the facility in an R-10 district, 15,000 square feet of developable land area in an R-20 district, 22,500 square feet of developable land area in an R-30 district and 30,000 square feet of developable land area in an R-40 district.

      (2)   These land area requirements are the minimum required in each underlying zoning district. No applicant for a development under the provisions of this section shall be permitted to build more dwelling units than the number of dwelling units (single-family, duplex, or multifamily) that would be allowed on the subject property using the underlying zoning designation, unless the applicant demonstrates in the development impact statement, under § 305(A) using statistics for housing limited to persons aged 55 or older, that the proposed development would have no greater impact upon municipal services, facilities, traffic, and other terms listed in § 305(A) and (B).

   (C)   Developments which include both senior independent and assisted living facilities must meet the appropriate standards for each type unit.

   (D)   Residential buildings shall be separated from any other building by a minimum of 25 feet and there will be no more than six units in any building.

   (E)   Dimensions.

 

 

   (F)   No development or structure shall be permitted unless each dwelling unit is serviced by public water and public sewage systems. The applicant must demonstrate to the town's satisfaction that each system has adequate capacity to serve the development.

   (G)   All developments shall provide for safe and adequate disposal of surface water runoff as provided for in § 715.

   (H)   At least 20% percent of senior independent living facility dwelling units shall have handicap accessible doorways and provisions for the conversion of bathrooms to handicap accessible.

(Ord. passed 10-30-06)

   The following off-street parking requirements shall apply to senior independent living facility:

   (A)   Two spaces for every unit of senior independent living; there will be one visitor space per unit which may be on driveways or common parking areas;

   (B)   One space per employee per highest shift;

   (C)   No off-street parking facility, except driveways, shall be located closer than 25 feet to any lot line;

   (D)   No off-street parking area shall be located within ten feet of any wall of a senior independent living facility (except a garage) used for residential purposes.

   (E)   All common parking areas shall be adequately landscaped and no row of parking spaces shall exceed 100 feet without a landscape separation of at least ten feet in width. There shall be a separation of at least ten feet between rows of parking spaces. Parking areas shall comply with all other landscaping requirements in this chapter.

   (F)   No common parking areas shall be located within ten feet of any residential building.

(Ord. passed 10-30-06)