ORDER
STANDISH TOWN COUNCIL
DATE: March 14, 2006
ORDER NUMBER: 37-06 SUBMITTED BY: Christy
TITLE: AMENDMENT TO STANDISH TOWN CODE, CHAPTER 181, LAND USE, MULTIPLE SECTIONS ADDING INFORMATION REGARDING ELDERLY HOUSING
The Town of Standish hereby ordains the following amendments to the Standish Town Code, effective immediately upon adoption (additions are underlined and deletions are struck out):
ARTICLE II, Definitions
§ 181-3. Terms defined.
As used in this Part 1, the following terms shall have the meanings indicated:
…….
ELDERLY HOUSING – A building or buildings that are constructed that contain at least four (4) but no more than forty eight (48) dwelling units that are intended for, and solely occupied by, persons sixty two (62) years of age or older.
ARTICLE III, District Regulations
§ 181-6. R-Residential Districts.
B. Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(1) Adult day-care.EN
(2) Cemeteries.EN
(3) Churches.EN
(4) Day-care home.EN
(5) Elderly Housing. (Editor’s Notes: Conforming lot required (see definition); Use not allowed in cluster subdivisions; Use requires a shoreland permit when located in the Shoreland Zone; see SZ uses table, Chapter 237; Requires subdivision approval in accordance with Part 3 of this chapter.)
(56) Home occupation, Level 2.EN
(67) Home retail sales.EN
(78) Manufactured dwellings.EN
(89) Municipal uses.EN
§ 181-7. VC-Village Center Districts.
C. Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this chapter.
(1) Adult day-care home.EN
(2) Bed-and-breakfast.EN
(3) Business and professional office under 2,000 square feet.EN
(4) Cemeteries.EN
(5) Churches.EN
(6) Commercial recreation.EN
(7) Day-care home.EN
(8) Elderly Housing. (Editor’s Notes: Conforming lot required (see definition); Use not allowed in cluster subdivisions; Use requires a shoreland permit when located in the Shoreland Zone; see SZ uses table, Chapter 237; Requires subdivision approval in accordance with Part 3 of this chapter.)
(89) Fueling station.EN
(910) Funeral homes.
(1011) Home occupation, Level 2.EN
(1112) Home occupation, Level 3.EN
(1213) Home retail sales.EN
(1314) Inns.EN,EN
(1415) Mechanical repair garage.EN
(1516) Motor vehicle sales.EN
(1617) Multifamily dwellings. EN Use requires a shoreland permit when located in the Shoreland Zone; Requires subdivision approval in accordance with Part 3 of this chapter.)
(1718) Municipal uses.
(1819) Nursing homes.EN
(1920) Private clubs.EN
(2021) Public utilities.
(2122) Restaurants without drive-through.EN
(2223) Retail business under 2,000 square feet.EN
(2324) Schools.EN
(2425) Tradesman.EN
(2526) Veterinary clinics.EN
ARTICLE IV, General Standards
§ 181-24. Off-street parking and loading space requirements.
A. Off-street parking. Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established. Off-street parking is not permitted within the required building setback unless a variance is obtained from the Zoning Board of Appeals.
Use Minimum Parking Spaces Required
Commercial accommodations 1 for each lodging unit
Residential 2 per dwelling unit
Elderly Housing 1 per bedroom, plus 1
for every 10 dwelling units, plus 1 for every
200 sq. ft. of non-dwelling unit floor area
§ 181-28. Elderly Housing.
A. Purpose and administration.
(1) The purpose of this section is to provide for elderly housing developments with dwelling units that are intended for, and solely occupied by, persons aged sixty two (62) years of age or older.
(2) Plan review for elderly housing developments shall be the same as found in the Town's site plan and subdivision regulations, as may be amended from time to time.
B. Elements.
(1) The applicant shall submit a formal application for review and approval of the project to the Planning Board in accordance with the requirements of the Town’s site plan and subdivision regulations, as may be amended from time to time.
(2) The material accompanying the proposal shall contain all elements required by the Town’s site plan and subdivision regulations, as may be amended from time to time, as well as the following:
(a) The required plan shall show all building envelopes and areas of proposed driveway entrances at a scale sufficient to permit the study of all elements of the plan.
(b) All utilities shall be shown and described.
(3) The plan shall be labeled “Subdivision and Site Plan for Elderly Housing” and shall provide both a block for recording at the registry of deeds and an approval block for the signatures of a legal majority of the Planning Board.
(4) In order to comply with the Housing for Older Persons Act, as may be amended from time to time, proposals shall be accompanied by a written deed covenant that restricts occupancy to persons aged sixty-two (62) years of age or older and a note to this effect shall appear on the face of the plan to be recorded for the development.
C. Standards.
Notwithstanding any other provision of Section 181 to the contrary:
(1) Each building in the elderly housing development shall contain no fewer than four (4) dwelling units and no more than forty eight (48) dwelling units.
(2) Each dwelling unit shall consist of a bedroom, full bathroom, kitchen and sitting area, as a minimum, and shall have no more than two (2) bedrooms.
(3) Each building shall be no more than two (2) stories in height for new construction.
(4) Each development shall contain a community meeting area to be used by the residents of the development.
(5) Each development shall contain on-site laundry facilities.
(6) The dwelling units shall be clustered in buildings of no less than four (4) units per structure and be in conformance with the following calculation of density:
(a) Village Center zone: 10,000 square feet of net residential acreage is required per one (1) bedroom dwelling unit, and 16,000 square feet of net residential acreage is required per two (2) bedroom dwelling unit.
(b) Residential zone: 20,000 square feet of net residential acreage will be required per dwelling unit.
(c) Bonus for public water: One dwelling unit may be added to the development for every three (3) acres of net residential acreage if public water is used.
(d) For the purposes of this section, the area required for streets or access in the determination of net residential acreage shall be defined as 5% of the gross area or the actual impervious area of the parking areas and access ways, whichever is greater. Net residential area calculations shall be shown on the final plan.
(7) Each development shall conform to the following vegetated buffer requirement:
(a) Developments that contain only one (1) story structures shall retain or create a fifty (50) foot continuous vegetative buffer to the front, each side, and rear of the improved areas of the development.
(b) Developments that contain two (2) story structures shall retain or create a one hundred (100) foot continuous vegetative buffer to the front and a fifty (50) foot continuous vegetative buffer to each side and rear of the improved areas of the development.
(8) Underground utilities shall be required for new construction.
APPROVED __________________ DISAPPROVED __________________
ROLL CALL YEA NAY ABSTAIN
CHRISTY _________________________________________________
HOPKINS _________________________________________________
LYMBURNER_______________________________________________
POMERLEAU_______________________________________________
RICHARDSON ______________________________________________
RUSSELL __________________________________________________
SIMPSON __________________________________________________
COUNCIL CHAIR ______________________________
CLERK/SECRETARY ____________________________
Proposed time: Planning Board Public Hearing 4/3/06
Introduction: 3/14/206
First Reading: 4/11/066
Public Hearing: 5/9/2006
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