§ 17.168.030. Permitted density.

Land area used to compute density for apartment development shall not include public streets needed to serve the development.

A.

Density for apartment development, except for the housing of the elderly and handicapped shall be as follows:

District	Units/Acre
R-5A	12
R-8A	10
R-10A	8
RR-5A	15

 

B.

Housing of Elderly and Handicapped.

1.

Density for apartment development for the housing of the elderly and handicapped shall be as follows:

District	Units/Acre
R-5A and RR-5A	20
R-8A and R-10A	12

 

2.

For the purpose of density, elderly and handicapped housing shall include only residential units:

a.

Are operated as housing for older persons in accordance with and satisfying the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3607, including those requiring at least one permanent occupant of eighty (80) percent of the occupied units to be at least fifty-five (55) years of age; provided, however, that the units are subject to recorded covenants that expressly restrict occupancy of the units in accordance with the Federal Fair Housing Act, as amended, and any additional requirements under Maryland Law;

b.

Occupancy by a handicapped person under fifty-five (55) years of age who is determined to have physical impairments which:

i.

Are expected to be of long-continued and indefinite duration,

ii.

Substantially impede the ability to live independently, and

iii.

Are of such a nature that the ability to live independently could be improved by more suitable housing conditions;

c.

Handicapped persons under fifty-five (55) if determined to have physical impairments which:

i.

Are expected to be of long-continued and indefinite duration,

ii.

Substantially impede the ability to live independently, and

iii.

Are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

C.

Apartment units, buildings or projects in a nonresidential district shall comply with the following land requirements:

1.

Office and Service Highway Districts. Apartment units are permitted above the first floor, provided that:

a.

The lot has a minimum land area of ten thousand (10,000) square feet;

b.

The required parking area is provided for the business use on the first floor;

c.

The number of units per lot shall be based upon the lot containing additional land area of three hundred (300) square feet for each efficiency unit and six hundred (600) square feet for each unit having one or more bedrooms.

2.

Reserved.

3.

Light Business and Institutional District. Apartment buildings and projects shall be at density requirements for R-5A.

4.

College and University District. Apartment buildings and projects shall be at density requirements for R-5A.

5.

Hospital District. Apartment buildings and projects shall be at density requirements for R-5A.

6.

Neighborhood Business District. Apartment buildings and projects shall be at density requirements for R-5A.

7.

General Commercial District. Apartment buildings and projects shall be at density requirements for R-5A.

D.

Additional Density Permitted for Provision of Day-Care Center Within an Apartment Project.

1.

Whenever a group day-care center is provided within an apartment project, two additional units may be added to the total density permitted for the project. The location and design of the group day-care center shall be approved as part of the required comprehensive development plan for the apartment project and shall not require ordinance permit approval.

(Ord. 2032, 2007; Ord. 2009 (part), 2006: Ord. 1752 § 4, 2000; prior code § 150-212)

(Ord. No. 2393, § I, 8-8-2016)