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New Hope City Zoning Code

Sec. 4-9

R-5, senior and physical disability residential housing.

(a)

Purpose. The purpose of the R-5 senior and physically disabled citizen residential housing district is to provide areas within the city which are particularly suitable as to location and amenities for senior and physically disabled housing, and to limit the development of such districts to this type of residential construction, and directly related complementary uses.

(b)

Permitted uses, R-5. The following are permitted uses in the R-5 district:

(1)

Senior housing. Senior housing provided that:

a.

Age limit. Within a senior housing facility, 80 percent of the dwelling units must be occupied by at least one person of age 55 years or older.

b.

Public transit. The site of the main entrance of the principal use is served or is located within 400 feet of regular transit service.

c.

Elevators. Elevator service is provided to each floor level.

d.

Open space. 20 percent of the gross lot area shall be maintained for passive or active recreational use.

(2)

Physical disability housing as defined in subsection 4-2(b) of this Code provided that:

a.

The main entrance of the principal building shall be served or located within 400 feet of regular public transit service.

b.

One unit per building may be designated for a caretaker. The caretaker unit may be occupied by a person without a physical disability.

c.

Physical disability housing shall be architecturally compatible with surrounding uses in the area as to exterior design and construction materials.

(c)

Accessory uses permitted, R-5. The following are permitted accessory uses in an R-5 district:

(1)

Auto parking. Private garages and parking spaces for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by subsection 4-3(e) (off-street parking) of this Code. The following categories of non-passenger vehicles are not permitted accessory uses, regardless of the gross vehicle weight: dump trucks, step vans, cargo trucks, tow trucks, semi-trailer tractors, boom trucks, tank trucks, hearses, and mobile food units. Non-passenger vehicles may not be parked anywhere in any off-street parking facilities accessory to residential use unless loading, unloading or rendering a service. In no event shall non-passenger vehicles be parked overnight in any off-street parking facilities accessory to residential use.

(2)

Off-street loading.

(3)

Recreational facilities. Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(4)

Storage sheds. Tool house, shed and/or similar building for storage of domestic supplies and noncommercial recreational equipment.

(5)

Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of this Code.

(d)

Uses by administrative permit. The following are uses by administrative permit in the R-5 district. (Requires an administrative permit based on the procedures set forth in and regulated by section 4-31 and the performance standards set forth in section 4-3 of this Code.

(1)

Accessory building side yard setback reduction per subsection 4-3(b)(6)c of this Code.

(2)

Personal wireless service antennas per subsection 4-3(l) of this Code.

(3)

Municipal government and utility buildings. Municipal government, publicly regulated communications, and public utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:

a.

Compatibility and setbacks. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

b.

Equipment enclosed. Equipment is completely enclosed in a permanent structure with no outside storage.

(e)

Conditional uses, R-5. The following are conditional uses in an R-5 district: (Requires a conditional use permit based upon procedures set forth in and regulated by subsection 4-30(c) and 4-33 and the performance standards set forth in section 4-3 of this Code.

(1)

Long term care facility. Long term care facility, but not including hospitals, clinics, or similar institutions as defined by subsection 4-2(b) of this Code provided that:

a.

Side yards, double. Side yards are double the minimum requirements established for this district where the facility abuts an R-1, R-2, or R-3 zoning district and are screened in compliance with subsection 4-3(d)(3) of this Code.

b.

Rear yard requirements. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with subsection 4-3(d)(3) of this Code.

c.

Street access. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

d.

Permits and state laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(2)

Adult day care. A state licensed facility as defined in subsection 4-2(b) of this Code provided that:

a.

Rear yard requirements. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with subsection 4-3(d)(3) of this Code.

b.

Off-street loading. Loading and unloading of adult day care participants shall take place in an area designated solely for that purpose.

c.

Street access. The site and related parking and service is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

d.

Permits and state laws. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(3)

Conditional accessory uses. The following commercial uses shall be allowed as conditional accessory uses to senior and physical disability housing and long term care facility. It is the intent of this section that said uses primarily serve and benefit the residents of said facilities:

a.

Financial institutions.

b.

Personal services.

c.

Limited retail sales.

d.

Newsstand.

e.

Pharmacy.

f.

Clinics.

g.

Performance standards. All conditional accessory uses listed herein shall conform to the following provisions:

1.

Location. All uses shall be located completely within the principal structure of the residential facility.

2.

Access. No separate exterior entrance or exit shall be allowed for any accessory use(s).

3.

Signage. No exterior signage of any type shall be allowed for accessory use(s).

4.

Size. All combined commercial accessory uses within a single building shall not exceed 3,000 square feet gross floor area.

5.

Hours. No accessory use shall be open for operation between the hours of 9:00 p.m. and 8:00 a.m.

6.

Parking. Sufficient parking for the commercial use(s) shall be provided in accordance with subsection 4-3(e) of this Code.

(f)

Lot requirements, building heights, and setbacks. The following minimum requirements shall be observed in the R-5 zoning district subject to additional requirements, exception, and modification set forth in this Code.

(1)

Lot area.

a.

Base lot.

1.

Senior or physical disability housing. 15,000 square feet.

2.

Other uses. 15,000 square feet.

b.

Lot area per unit.

1.

Senior/physical disability housing. 1,000 square feet.

(2)

Lot width.

a.

Senior or physical disability housing. 100 feet.

b.

Other uses. 100 feet.

(3)

Building heights. Six stories or 72 feet, whichever is greater.

(4)

Setbacks.

Front: Local Street Arterial or Community Collector Street (a) Rear (c) Side: Interior Side Yard (c) Corner: Local Street Arterial or Community Collector Street (a)
30 feet 30 feet 30 feet 15/20 (b) 20 feet 25 feet

 

(a) See subsection 4-3(c)(6)b of this Code.

(b) 15 foot side yard setbacks are required except a 20 foot side yard setback will be required where the lot abuts an R-1 or R-2 zoning district.

(c) For each additional floor over four stories or for each additional ten feet over 40 feet, the rear and side yard setbacks shall be increased by five feet.

(Ord. No. 25-02, § 7, 7-28-2025)