3.02.100
Purpose and intent. The intent of this zone
is to allow for housing explicitly suited for the elderly, including
housing for those now well and able-bodied, those who are frail, and
those in need of medical care, so that housing is available in Newtown
for senior citizens to age in place. Elderly housing may be designed
with one principal use or a mixture of principal uses within the development,
as permitted herein.
It is the purpose of this zone to encourage the provision of
multiple-family housing for the elderly consistent with soil types,
terrain and infrastructure capacity of the land. The design for elderly
housing shall be sensitive to maintaining the rural character of the
community in general and the neighborhood surrounding the development
in particular.
Only elderly families may occupy elderly housing.
3.02.200
Special exception uses. The following principal uses are permitted in an EH-10 zone subject to the granting of a special exception by the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI. No use variance shall be granted to allow any principal or accessory use in this zone which is not expressly permitted. The principal uses shall be known hereinafter jointly and severally as "elderly housing":
3.02.300
Accessory uses. The following are permitted
accessory uses so long as they remain clearly accessory to the principal
use on the lot and are to be utilized solely by the persons residing
or working on the lot and their guests:
(a)
Clubhouse/community center.
(b)
Community kitchen and dining room.
(c)
Computer/communications lab.
(d)
Lecture hall/theater/audiovisual room.
(e)
Indoor or outdoor exercise facility.
(f)
Indoor swimming pool.
(g)
Whirlpool/sauna for exercise or therapy.
(h)
Art studio.
(i)
Customary home occupation.
(j)
Administrative offices.
(k)
Home health care agency as defined by Section 19a-490(d) of
the Connecticut General Statutes.
[Added effective 2-28-2011]
3.02.310
Additional accessory uses permitted only as
accessory to congregate housing for elderly families. The following
are permitted accessory uses only where congregate housing for elderly
families forms more than 50% of the principal use on the lot. These
additional accessory uses shall remain clearly accessory to the principal
uses on the lot and shall be designed to be utilized primarily by
the persons residing or working on the lot and secondarily by the
general public:
Article VII, Area, Height and Yard Requirements, and all other applicable sections of these regulations apply, and in addition:
3.02.410
Setbacks. A minimum setback of 100 feet shall be provided from all
property boundaries except for two cases as follows:
(a)
When a side or rear yard is adjacent to an EH-10
Zone, the setback shall be 25 feet along such boundary.
(b)
When a side or rear yard is adjacent to a business
or industrial zone, the setback shall be 50 feet along such property
boundary.
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No private street, driveway, parking area, sidewalk, patio,
structure or overhang shall be within the minimum setback area other
than that portion of a private street the sole purpose being for entrance
or egress from the property to the street.
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3.02.420
Pre-existing government-subsidized
affordable elderly housing. When a lot already contains a government-subsidized
affordable elderly housing operating under a previously approved special
exception, the limitations established in Section 595-3.02.410 shall
not apply to any additions provided that such additions will provide
additional affordable elderly housing. In such cases, the setback
requirements that were in effect under the previously approved special
exception shall supersede the requirements of Section 595-3.02.410.
3.02.421
Pre-existing structures. When
a pre-existing structure is made nonconforming to Section 595-3.02.410
by virtue of a change of zone to EH-10, the limitations imposed by
Section 595-3.02.410 shall not apply to any additions to said structure
provided the structure is used for a use or an accessory use permitted
in the EH-10 Zone and the additions are not more nonconforming to
said Section 595-3.02.410 than the structure was before the addition.
[Added effective 2-28-2011]
3.02.430
Density calculation. Land
having wetlands, watercourses and ponds shall be deducted from the
total lot area before the density calculation is made.
3.02.440
Pre-existing hospital. When
the lot on which elderly housing is to be located already contains
a hospital operating under a previously approved special exception,
the limitations established in Sections 595-3.02.450 and 595-3.02.460
shall not apply to the hospital portion of the lot, except that the
area containing existing hospital structures plus two acres shall
be excluded from the calculation of lot acreage.
3.02.450
Density for dwelling units. Except as set forth in Section 595-2.01.400 concerning the aquifer protection district, the number of dwelling units for elderly families permitted shall not exceed four times the lot acreage as calculated pursuant to Section 595-3.02.430 or 150 units, whichever is less.
[Amended effective 12-13-2010]
3.02.460
Density for congregate housing. Except as set forth in Section 595-2.01.400 concerning the aquifer protection district, the number of congregate housing for elderly family units permitted shall not exceed six times the lot acreage as calculated pursuant to Section 595-3.02.430 or 300 units, whichever is less.
3.02.470
Density for condominiums/apartments. Except as set forth in Section 595-2.01.400 concerning the aquifer protection district, the number of condominium/apartment units for elderly families permitted shall not exceed four times the lot acreage as calculated pursuant to Section 595-3.02.430 or 150 units, whichever is less.
[Added effective 12-13-2010]
3.02.471
No combination of the above
dwelling unit density calculations shall exceed 300 units per lot.
[Added effective 12-13-2010]
3.02.480
No elderly housing townhouse
buildings or structures may exceed 42 feet in height above the average
finished ground level on any side of the building and no portion of
the structure shall be more than 10 feet below the average finished
ground level at the front of the building.
[Added effective 12-13-2010]
3.02.490
No elderly housing condominium/apartment
or congregate buildings shall exceed 60 feet to the highest point
of the building from any ground level point on any side of the building
and 42 feet to the mid-point of the roof in the front and no portion
of the structure shall be more than 10 feet below the average finished
ground level at the front of the building.
[Added effective 12-13-2010]
3.02.510
Exterior walls. No building
shall exceed 200 feet in a single dimension. No exterior wall shall
exceed 50 feet in length in an unbroken plan without an offset of
at least four feet.
[Amended effective 12-13-2010]
3.02.520
Minimum distance between buildings.
In no case shall the distance between buildings be less than 30 feet.
[Amended effective 12-13-2010]
3.02.530
Ramps and elevators. Where
the main entrance to a dwelling unit or congregate housing for elderly
family unit is at a level different from ground level, an elevator
that rises to the level of each unit or a ramp, suitable for use by
a wheelchair shall be provided to the main entrance of each dwelling
unit. Such ramp or elevator may be common to more than one unit.
3.02.540
Bedrooms. No dwelling unit
or congregate housing for elderly family unit shall contain more than
two bedrooms.
3.02.550
Units per building. No elderly
housing condominium/apartment or congregate building shall contain
more than 22 dwelling units per building, dwelling units for elderly
family buildings shall contain no more than eight dwelling units per
building.
[Amended effective 12-13-2010]
3.02.560
Wastewater discharge and water
supply. Any lots considered for EH-10 zoning shall have access to
public sewers and public water and any development shall be connected
to public sewers and public water before final certification of occupancy.
[Amended effective 12-13-2010]
3.02.570
Utilities. All utilities on
the lot shall be underground.
3.02.580
Fire suppression. Fire suppression
systems shall be provided in conformance with Section 595-8.14 of
these regulations.
3.02.590
Steep slopes. Site layout
should be designed to minimize development upon and recontouring of
slopes having 25% or more grades. Disturbance of steep slopes and
the creation of steep slopes shall be avoided to the greatest extent
possible.
3.02.610
Accessways. Each lot shall
be served by a strip of land having a width of not less than 100 feet
throughout its length from a public highway through which vehicular
access is provided. This shall contain a private street as the primary
accessway for ingress and egress. This primary accessway shall be
constructed with a planted median strip separating the ingress and
egress lanes of the accessway.
Each lot containing 40 or more units of elderly housing shall
have a secondary accessway suitable for use by emergency vehicles.
The secondary accessway shall be not less than 20 feet wide throughout
its length. It may be located within the same strip of land as the
primary accessway or in a separate location, but may not encroach
upon the private street, which is the primary accessway. The secondary
accessway need not be paved with an impervious surface; however, it
shall be hard surfaced and accessible by fire apparatus. The secondary
accessway shall be clear and maintained at all times so that there
are no impediments to emergency vehicle use.
3.02.620
The streets within the lot
shall remain in private ownership and shall be designed for safe and
easy circulation of traffic within the lot. The private streets shall
be laid out with attention to the natural contours of the land and
natural features on the lot. The private streets must be capable of
providing easy access for all emergency vehicles.
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The design speed shall be 15 mph and so posted with proper signs.
The minimum horizontal curve radius shall be 70 feet, the minimum
stopping sight distance shall be 65 feet and the minimum sight distance
for intersections shall be 70 feet. All other construction methods
and materials of the private streets shall conform to the standards
for a local residential street as set forth in the Newtown Road Ordinance,[1] as amended, except that no easement, right of way or dedication
of land to the Town shall be required for the private streets.
[Amended effective 12-13-2010] |
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All phases of the construction of the streets shall be inspected
and certified by the applicant's licensed professional engineer.
All certifications must be provided to the Newtown Land Use Agency
prior to the release of any bonds.
[Amended effective 8-28-2006] |
3.02.630
Intersection with public highway.
Private streets shall enter a public highway only in locations where
the sight distance in each direction meet or exceed the requirements
of the Newtown Road Ordinance[2] and any applicable state regulations. No private street
in an elderly housing development shall enter a public highway less
than 75 feet from the centerline of the nearest intersecting highway
or private street on the same side of the public highway. Proposed
private streets shall intersect existing and other proposed streets
at right angles for a distance of at least 100 feet from the intersecting
street lines unless otherwise approved by the Commission. Such approval
shall not be granted where the intersection is at an angle less than
60°.
3.02.640
Driveways and parking. Article VIII, Section 3, shall apply to the Elderly Housing Zone with the following exceptions, which shall supersede the requirements of Article VIII, Section 3.
3.02.641
Driveways. Each driveway serving
structures, dwelling units for elderly families, congregate housing,
hospitals for elderly families or accessory uses shall meet the following
criteria:
(a)
Travel width. The travel width of the driveway
shall at no point be less than 10 feet. Driveways serving more than
one dwelling unit shall be no less than 16 feet wide.
(b)
Grading. Driveways within the lot shall not contain
grades greater than 5%.
(c)
All driveways upon the site shall intersect with
the private street in the development. No driveway shall intersect
directly with a public highway.
3.02.642
Sidewalks. Sidewalks shall connect the main
entrance of each building and each dwelling unit that has an individual
entrance to the outside to a convenient parking area. Where dwelling
units have common first floor entrances or are at a second or third
floor level, sidewalks shall connect an entrance to the building near
an elevator to a convenient parking area. Sidewalks may connect each
building with each other building on the lot. Sidewalks shall not
be pitched at a slope greater than one to 20. The use of steps on
a sidewalk is prohibited. Sidewalks shall be at least three feet wide.
3.02.643
Parking location and space size. All parking
spaces shall be provided off the private street, but on the same lot
as the elderly housing. Each parking space shall contain a rectangle
no less than nine feet in width and 20 feet in length. Parking spaces
may be provided by use of a garage, a carport, or a paved surface
dedicated to parking. In addition, a driveway in front of a garage
serving a single dwelling unit for elderly family may be considered
a parking space, provided that the length of the driveway is no less
than 22 feet and no part of the 22 feet encroaches upon a dwelling
unit. All parking for an accessory use shall be located within 150
feet of the entrance to the accessory use.
3.02.644
Parking grade. No parking space shall have
a grade greater than 5%.
3.02.645
Number of parking
spaces. The minimum number of parking spaces is set forth in the following
schedule and shall be cumulative: sidewalk. All parking for a dwelling
unit shall be located within 150 feet of its associated.
(a)
Dwelling units for elderly families. Two spaces
per dwelling unit plus one visitor space for every five dwelling units
(rounded to the next higher number).
(b)
Congregate housing for elderly family. See Section 595-8.03.600.
(c)
Hospitals for elderly families. One space for six
patient beds.
(d)
Employees/on-site workers. One parking space for
each employee or on-site worker on the largest shift.
(e)
Accessory uses.
1)
Clubhouse/community center. Ten spaces.
2)
Community kitchen and dining room. No additional
spaces.
3)
Computer/communications lab. No additional spaces.
4)
Lecture hall/theater/audio visual room. Ten spaces.
5)
Indoor or outdoor exercise facility. Two spaces.
6)
Indoor swimming pool. Four spaces.
7)
Whirlpool/sauna for exercise or therapy. Four spaces.
8)
Art studio. No additional spaces.
9)
Customary home occupation. No additional spaces.
10)
Administrative offices. No additional spaces.
11)
Medical care facility. Two spaces.
12)
Dental care facility. Two spaces.
13)
Physical therapy facility. Two spaces.
14)
Pre-school. Four spaces.
15)
Personal care or beauty care facility. Two spaces.
3.02.646
Sufficient parking spaces shall be provided
to accommodate all persons reasonably expected to be on site at any
one time. Where the applicant sufficiently demonstrates that the minimum
parking requirements set forth herein exceed the number of spaces
that are necessary, the Commission may waive the immediate construction
of such excessive parking spaces up to the extent of 50% provided
the following criteria are met:
(a)
The site plan shall be designed with the minimum
number of spaces as required herein and shall clearly indicate those
spaces for which an immediate construction waiver is requested.
(b)
No structures or other improvements, except parking,
driveways and underground utilities, may be constructed within the
unimproved parking area, and said area shall be suitably landscaped.
3.02.647
The Commission may require that the area for
which a parking waiver has been granted be properly improved if, after
public hearing, the Commission determines that the improvement of
such parking area is necessary to meet the parking needs of the elderly
housing development. A bond in an amount equal to 100% of the cost
of construction of the parking area shall be submitted to guarantee
that the parking area, or a portion thereof, is properly improved.
The bond shall be in force for a period not to exceed two years from
the date of issuance of a final certificate of zoning compliance for
the elderly housing development.
All private streets, parking areas, and sidewalks shall be artificially illuminated. Such lighting shall be residential in character and shall be coordinated with the landscaping plan. No direct rays from such lighting shall fall off the lot or shine into the windows of the elderly housing within the lot. All exterior lighting shall comply with the provisions of Article VIII Section 5, herein.
