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Riverton City Zoning Code

CHAPTER 18

120 ELDERLY HOUSING OVERLAY OV-EH ZONE 1

§ 18.120.010 Purpose.

The elderly housing overlay (OV-EH) zone is established to provide a framework for elderly housing, including attached and detached units. This overlay zone is not intended for assisted living facilities, residential care facilities, hospitals, clinics, health care centers, or like uses. The OV-EH zone may be permitted in any residential zone. The intent of this overlay zone is to provide adequate and affordable accommodations for Riverton's elderly citizens.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.020 Permitted uses.

Permitted uses in the elderly housing overlay zone shall be limited to the following uses or similar uses as interpreted by the planning commission:
(1) 
Independent elderly housing.
(2) 
Attached or detached units, subject to underlying zoning requirements and allowances.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.030 Permitted accessory uses.

(1) 
Accessory Buildings. Garage, shed, etc., subject to Chapter 18.225 RCC.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.040 Placement of elderly housing.

(1) 
Zones Applicable to Overlay. The elderly housing overlay zone may be used in conjunction with all residential zones. The overlay may not be applied to commercial, industrial, or other nonresidential zones.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.050 Process.

An overlay zone must follow the rezoning process to add elderly housing as a permitted use onto the applicable zone. This process is set forth in Chapter 18.220 RCC.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.060 Density and area requirements.

(1) 
Maximum Density. The OV-EH zone shall be subject to the lot size and/or density regulations of the underlying zone, unless modified by this chapter.
(2) 
Parcel Size. Each application pursuant to this chapter shall be for a site of not less than one acre and not more than 10 acres.
(3) 
Open Space. Each development in the OV-EH zone be subject to the open space requirements of the underlying zone. The city may, in review of a submitted application for development, amend or otherwise modify proposed open spaces and/or amenities or types of amenities, based on the size of the project, unit types, projected demographics, or other considerations, but may not increase required area dedication in the underlying zoning.
(4) 
Density Bonus. Developments where housing will be deed restricted to independent senior housing may be eligible for up to 100 percent (times two) density bonus as zoning over the General Plan designation for a property. For example, property designated for one-quarter acre lots in the General Plan may be approved at up to RM-8 with the elderly housing overlay. The city may establish appropriate conditions during the approval of the elderly housing overlay zoning for a property, which shall run with the land upon approval. Conditions may include:
(a) 
Minimum lot size.
(b) 
Maximum unit count.
(c) 
Unit type, including limitations to height or number of stories.
(d) 
Public vs. private infrastructure.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.070 Development standards.

(1) 
Development standards, including setbacks, building height, coverage, and other requirements, shall be as found in the underlying zoning. Where a density bonus is granted under the terms of this chapter and underlying zoning standards do not fully address the proposed density, development standards shall be consistent with the corresponding Riverton City zone, as established in approval of the rezone applying the overlay, and at the discretion of the city.
(2) 
Dwelling units developed within the elderly housing overlay shall include a minimum of one "mobility/age friendly" feature per unit of density (i.e., RM-6 would require a minimum of six features), including but not limited to:
(a) 
Main level living.
(b) 
No step entries/thresholds.
(c) 
Access ramps.
(d) 
Increased door/hallway width.
(e) 
Nonslip flooring throughout.
(f) 
Accessible bathroom facilities.
(g) 
Age-appropriate hardware/fixtures, such as lever style door handles.
(h) 
Other features as approved by the development services director.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.080 Age restrictions.

(1) 
Elderly Housing. Elderly housing shall be, in compliance with applicable state and federal laws, restricted to a minimum of 80 percent units where primary residency is individual(s) 55 years of age or older. Applications for rezone proposing utilization of the elderly housing overlay shall include proposed methods for regulating this age restriction. Such methods may include:
(a) 
Deed restriction, recorded against the property(s).
(b) 
Conditions, covenants, and restrictions (CC&Rs) administered by a homeowners' association, with restrictions against amendments or alterations of this requirement.
(c) 
Other methods as allowed by law and as accepted by the city attorney.
(Ord. 21-10 § 1 (Exh. A))

§ 18.120.090 Buffering and screening.

(1) 
Properties designated with the elderly housing overlay shall comply with the requirements of RCC § 18.155.080, Fencing between noncompatible uses, based on the underlying zone. Additional requirements may be made during approval of the zoning based on site and property characteristics.
(Ord. 21-10 § 1 (Exh. A))