Township of Warminster, PA Part 11 RC Retirement Community Overlay

§ 27-1100 Purpose and intent.

[Ord. No. 762, 5/7/2020]

It is the purpose and intent of the Retirement Community Overlay to recognize the needs of an aging population and provide the option for older residents to age in place with a variety of appropriately designed housing options for residents 55 years of age and older in appropriate infill locations where infrastructure exists to accommodate development.

§ 27-1101 Establishment of district.

[Ord. No. 762, 5/7/2020]

1. In furtherance of the purposes set forth above, Retirement Community Overlay is created. The Retirement Community Overlay is established as overlay zoning in specific residentially zoned parcels designated on the Zoning Map. The following eligibility criteria shall apply:

A. Eligibility. Eligible properties shall meet the following criteria.

(1) The tract shall be located in the R2 Residential District.

(2) Minimum tract area. The minimum tract area for a retirement community development shall be 10 acres.

(3) Frontage. A retirement community development shall have a minimum of 600 feet of frontage on a regional arterial street.

(4) Sewer and water. A retirement community development shall be served by public sewer and water services.

(5) The provisions and requirements of the Retirement Community Overlay set forth in this Part 11 shall not alter the applicable R-2 Residential Zoning District regulations; however, where those regulations directly conflict from the provisions and requirements of the Retirement Community Overlay, the overlay's provisions and requirements shall govern and apply.

§ 27-1102 Definitions.

[Ord. No. 762, 5/7/2020]

1. The following definitions shall apply to the terms used in this Part 11 in connection with the development of a retirement community development within the Retirement Community Overlay:

ASSISTED LIVING UNIT

A dwelling unit that provides a residential living environment assisted by congregate meals, housekeeping and personal services for persons, age 55 or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. Minimum unit size is 350 square feet. An assisted living unit shall include accessory uses, including dining rooms, bathing areas, common areas, offices and other space necessary to provide the above services.

INDEPENDENT APARTMENT UNIT

A dwelling unit containing living areas, bedroom areas, kitchen areas and bathrooms, including studio-style apartments, which houses one or more people over the age of 55 in a manner in which they may live independently while receiving one or more meals per day in a congregate setting. Minimum unit size is 450 square feet.

INDEPENDENT ATTACHED DWELLING

A dwelling unit attached to one or more other dwelling units, all units having separate grade-level entrances, and all units being separated from each other by vertical party walls running from grade to roof with no offsets at floor levels, constructed in accordance with the Warminster Township Building Code and other ordinances of Warminster Township. Such dwelling unit shall contain living areas, bedroom areas, kitchen areas and bathrooms, and house one or more people over the age of 55 in a manner in which they may live independently. No single building shall consist of more than six units. Minimum unit size is 500 square feet. Accessory structures, except patios, are prohibited for the independent attached dwellings.

MEMORY CARE UNIT

A special care unit in a designated separate and secure area for individuals with memory loss which provides board, shelter and twenty-four-hour supervised care and assistance to seniors with Alzheimer's, dementia or other memory disorders. Memory care units are specially designed to improve the safety and quality of life for people with dementia. Memory care units will have access to a secure courtyard. Minimum unit size is 225 square feet. A memory care unit may include accessory uses, including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.

RETIREMENT COMMUNITY

A facility which has a primary purpose of providing housing and care for people over the age of 55 or where either the husband or wife is over age 55 and shall consist of independent attached dwellings, independent apartment units, assisted living units, memory care units, and retirement community accessory uses, all as defined herein. For purposes of this Part 11, assisted living means the provision of lodging, nursing, medical or health-related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges.

RETIREMENT COMMUNITY ACCESSORY USES WITHIN A RETIREMENT COMMUNITY

No accessory uses or structures shall be permitted other than the following: Any use necessary for the operation of the facility or for the benefit or convenience of the residents and their guests, including, but not limited to, kitchen and dining facilities, places of worship, indoor and outdoor recreational facilities and uses, retail and banking facilities, beauty salons and barbershops, gift shops, classrooms, security facilities, conference rooms, common areas, guest rooms, administrative offices, medical offices, postal center, pharmacy, maintenance facilities, craft and music rooms, library and television room and heating and cooling equipment structures, provided that the accessory use is for the primary benefit of the retirement community residents and provided that there is no exterior announcement of the use.

§ 27-1103 Permitted uses.

[Ord. No. 762, 5/7/2020]

1. A building may be erected or used, and a lot may be used or occupied, for any combination of the purposes listed in this section. Any use(s) permitted in the underlying zoning district by right, special exception, or as a conditional use shall be permitted as such within the Retirement Community Overlay. In addition, the following shall apply:

A. The following use is permitted by right in the Retirement Community Overlay:

Retirement community (RC)

B. A retirement community (RC) shall consist of a mix of all four of the following permitted sub-uses. No sub-use shall contain less than 10% of the total number of units in the retirement community:

Independent attached dwellings

Independent apartment units

Assisted living units

Memory care units

C. The following accessory use is permitted by right in the Retirement Community Overlay, as part of a retirement community:

Retirement community accessory uses within a retirement community.

§ 27-1104 Density, area and dimensional requirements for retirement community.

[Ord. No. 762, 5/7/2020]

1. Density. A retirement community development shall have a maximum overall density of 18 dwelling units per gross tract acre. No more than 25% of the total dwelling units shall be independent attached dwelling units.

2. Minimum tract area. A tract area of not less than 10 acres shall be provided for every retirement community.

3. Minimum tract width. Not less than 600 feet of tract width shall be provided for every retirement community.

§ 27-1105 Yard regulations for retirement community.

[Ord. No. 762, 5/7/2020]

1. Front yard. There shall be a front yard for each retirement community which shall not be less than 100 feet in depth as measured from Warminster Township's required ultimate right-of-way.

A. Canopies, overhangs or porte cocheres may encroach into the front yard up to 45 feet.

B. Parking spaces shall be set back a minimum of 50 feet as measured from the Warminster Township required ultimate right-of-way.

C. The additional requirements of § 27-2019, Subsection 2 shall not apply to a retirement community in the Retirement Community Overlay.

2. Side yards. There shall be two side yards for each retirement community, neither of which shall be less than 35 feet in width.

3. Rear yard. There shall be a rear yard for each retirement village community which shall not be less than 40 feet in depth.

§ 27-1106 Coverage regulations for retirement community.

[Ord. No. 762, 5/7/2020]

1. Building coverage. The building coverage of a retirement community development shall not exceed 25% of the gross tract area.

2. Impervious coverage. The impervious coverage of a retirement community development shall not exceed 55% of the gross tract area.

§ 27-1107 Height regulations for retirement community.

[Ord. No. 762, 5/7/2020]

1. Independent attached dwelling. The maximum height for any building or structure to be erected or enlarged in the Retirement Community Overlay containing independent attached dwellings shall be 35 feet.

2. Independent apartment units, assisted living units, memory care units. The maximum height for any building or structure erected or enlarged in the Retirement Community Overlay containing independent apartment units, assisted living units, or memory care units shall be 56 feet, not exceeding four stories.

3. The maximum height for any accessory structure shall be 20 feet.

§ 27-1108 Parking and access regulations for retirement community.

[Ord. No. 762, 5/7/2020]

1. The required number of parking spaces for a development in the Retirement Community Overlay shall be 1.1 parking spaces per independent apartment unit, which figure shall be inclusive of all staff, resident and visitor parking, and all assisted living units and memory care units within the Retirement Community Overlay. The required number of parking spaces for an independent attached dwelling in the Retirement Community Overlay shall be 2 1/2 off-street parking spaces per unit, excluding the garage. The requirements of this section shall supersede inconsistent requirements contained in other parts of this chapter.

2. A minimum of one loading area shall be provided for a retirement community.

§ 27-1109 Special requirements for retirement community.

[Ord. No. 762, 5/7/2020]

1. Building spacing. The distance at the closest point between any buildings shall not be less than 25 feet.

2. Number of bedrooms. An independent attached dwelling unit shall contain no more than three bedrooms. All other units shall contain no more than two bedrooms.

3. Unit occupancy.

A. No more than four persons shall occupy an independent attached dwelling unit in a retirement community, at least one of whom shall be 55 years of age or older. With the exception of full-time caregivers, no persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.

B. Occupants of any unit within a retirement community, if unrelated by blood or marriage, shall be 55 years or older.

C. Declaration of age restriction. At the time of subdivision and land development, as prerequisite to recording of any final plan approved, the developer shall record a declaration against the entire tract, in a form acceptable to the Township.

D. Unit occupancy shall otherwise comply with applicable federal law, as amended.

4. Special conveyancing. When the development of a lot and the uses therein are in accordance with a unified development plan, then a conveyance of a parcel within the development plan shall be permitted upon compliance with the following conditions:

A. Irrevocable cross-easements in favor of and duly binding on all title owners within the area of the development plan, their successors and assigns, with respect to use, control and maintenance of the common areas, including access, green space, and parking areas are in effect and recorded. All easements shall be submitted to the Township Solicitor for review prior to recording.

B. Application of zoning regulations, including, but not limited to, building coverage, impervious coverage, parking, loading and landscaping, as well as required area, width and yard regulations, shall apply to an overall lot approved as a unified development plan. Individual lots created pursuant to this section need not comply with these zoning requirements.

5. Utilities. All utilities shall be underground.

6. Site lighting. Exterior lighting provided in conjunction with any retirement community development shall be designed in accordance with the requirements of § 27-2020 of the Warminster Township Zoning Ordinance.

7. Open space. The open space in a retirement community development shall be a minimum of 20% of the gross tract area. Stormwater facilities, natural resources, buffers, and setbacks may be included within the required open space. Section 27-2102 shall not apply. The maintenance of the open space shall be the responsibility of the property owner.

8. Bufferyard. Buffer plantings shall be installed along the property line adjacent to all existing residential uses. A six-foot-tall privacy fence shall be installed along the property line adjacent to all existing residential uses. A twenty-five-foot-wide buffer shall be required along any property lines adjacent to proposed independent attached dwelling units.