Town of Wilton, NH

Zoning Ordinance (2023)

13.0 Age-Restricted Housing District

13.1 Purpose.

The Age-Restricted Housing District is hereby established for the purpose of providing housing specifically designed to meet the needs of older persons while ensuring compliance with local planning standards and land use policies.

13.2 District Location.

Age-Restricted housing developments are permitted as a special exception by the Zoning Board of Adjustment and Site Plan review and approval by the Planning Board in the residential and commercial districts where Town water and sewer services are available. (See also Section 4.12.) (Amended March 2022, March 2023.)

In considering and granting a special exception, the Zoning Board shall determine that:

  1. the proposed age-restricted housing development will not adversely impact the existing and future land uses in the underlying district;
  2. the proposed location is appropriate for age-restricted housing and is consistent with the stated intent and standards of Age-Restricted Housing District;
  3. the parcel area is sufficient, appropriate and adequate for the proposed use and the reasonable anticipated operation;
  4. the proposed age-restricted housing project will provide for the health, safety and welfare of the older occupants.

13.3 General Standards.

All housing for older persons shall conform to the following standards:

  1. Dwelling unit density shall not be greater than twenty-four (24) units/gross tract acre for one (1) bedroom units or twelve (12) dwelling units/gross tract acre for two (2) bedroom units. (Amended March, 2023.)
  2. Dwelling units shall have a maximum of two (2) bedrooms and shall be designed for and restricted to occupancy by older persons.
  3. Housing developments for older persons shall not be required to conform to the requirement that there be one dwelling per lot. Building types permitted are cluster, townhouse and apartment structures. Apartment is defined as a structure with separate living units located adjacent to, below or above other living units.
  4. Occupancy of all units within the development shall be limited to family where the head of household or spouse is at least sixty-two (62) years of age. (Amended March 2020)
  5. The minimum lot area shall be 1 acre and the lot shall have at least one hundred (100) feet of frontage on a public right-of-way, Class V or better. (Amended March, 2023.)
  6. All buildings, driveway and parking areas shall be set back in conformance with the set back requirements of the underlying zoning district where the development is to be located. A vehicular drop-off area to the building may be located within the front yard set back.
  7. Except for small wind energy system and personal wireless service facilities permitted under Chapter 15 or Chapter 15A of this Ordinance, respectively, no structure shall exceed forty-five (45) feet in height. (Amended March, 2023.)
  8. Parking shall be provided in conformance with the parking standards established in the Site Plan Review Regulations. During Site Plan Review, the Planning Board may require additional parking for visitors and additional parking based upon distance of the development from the center of Town, income of the residents and access to alternate forms of transportation, shopping areas and other services.
  9. All buildings shall be provided with the following safety features:
    1. ramps to the first floor of each building;
    2. non skid floors;
    3. doors of sufficient width to accommodate wheelchairs;
    4. electric cooking stoves;
    5. electric outlets at levels at least twenty-four (24) inches above the floor;
    6. showers in place of tubs for more than fifty (50) percent of the dwelling units and handicapped showers for twenty-five (25) percent of the dwelling units;
    7. grab bars around tubs (where provided) and toilets;
    8. lever handle-type spigots and door knobs; and
    9. emergency signals which ring in adjoining apartments or at a central location.
  10. Adequate ancillary facilities, usually associated with the group living needs for comfort, health, safety and welfare of older persons and not usually constructed for multi-family dwellings shall be provided to meet the need of the proposed population of the development. The floor area of such ancillary facilities shall not be less than five (5) percent of the total floor area of the building. These facilities may include dispensaries, medical facilities, common dining facilities, group recreation facilities, laundry facilities and other similar or related facilities.
  11. The development shall be landscaped so as to be integrated with the Town. The perimeter of the development shall be landscaped with a sufficient buffer strip to minimize its intrusion on neighboring land uses.
  12. The cumulative number of age-restricted dwelling units constructed in conformance with this Article shall not exceed 6% of the total number of dwelling units in the community.

13.4 Review of Site Plans.

The Planning Board shall review and approve or disapprove the site plans for all proposed age-restricted housing. The review of any site proposed for age-restricted housing shall take into account its proximity to those support services (shopping, medical, transportation, etc.) necessary to meet the needs of older persons in addition to the standards contained in section 13.3. Where support services are absent or remote, provisions for such services shall be provided by the developer.

13.5 Change of Use.

If any structure erected pursuant to a special exception and site plan review in accordance with this section ceases to be used exclusively for age-restricted housing, then the full zoning ordinance requirements for the new use must be met. Failure to comply with the zoning ordinance may result in a revocation of the certificate of occupancy for the structure.