Town of Wilton, NH

Zoning Ordinance (2024)

13.0 Age-Restricted Housing Overlay District

13.1 Purpose.

The Age-Restricted Housing Overlay District is hereby established for the purpose of providing housing specifically designed to meet the needs of older persons in accordance 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 and utilized. (See also Section 4.12.)

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 Overlay District;
  3. The parcel area is sufficient, appropriate and adequate for the proposed use and the reasonable anticipated operation; and
  4. The proposed age-restricted housing project will provide for the health, safety and welfare of its occupants.

13.3 General Standards.

All age-restricted housing shall conform to the following standards:

  1. Dwelling unit density shall not be greater than 24 units/gross tract acre for one-bedroom units or twelve dwelling units/gross tract acre for two-bedroom units.
  2. All dwelling units shall have a maximum of two (2) bedrooms and shall be designed for occupancy by older persons.
  3. Subject to clause 13.3 a, age-restricted housing developments may include more than one dwelling per lot.
  4. Occupancy of all dwelling units within an age-restricted development shall be limited to (i) individuals who are at least 55 years of age and/or (ii) families where the head of household or spouse is at least 55 years of age.
  5. The minimum lot area shall be one acre and the lot shall have at least 100 feet of frontage on a public right-of-way, Class V or better.
  6. All buildings, driveway and parking areas shall be set back in conformance with the setback 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.
  8. Parking shall be provided in conformance with the parking standards established in the Site Plan Review Regulations adopted January 4, 2023. The Planning Board may require additional parking for visitors and anticipated professional and personal service providers, as well as 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 structures in age-restricted developments intended for use by residents shall comply with the requirements of the Americans with Disabilities Act, including, without limitation, by providing 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 in dwelling units;
    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, of which at least half shall be accessible;
    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 comfort, health, safety and welfare of older persons and not usually constructed for non-age-restricted multi-family dwellings shall be provided to meet the needs of the anticipated population of the development. The floor area of such ancillary facilities shall not be less than 5% of the total floor area of all structures to be included in the development. These facilities may include dispensaries, medical offices, common dining, group recreation, laundry 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 from time to time 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, which shall be submitted in compliance with the Site Plan Review Regulations. 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. The Planning Board shall, in consultation with the Fire Chief for the Town of Wilton, determine that the development provides adequate emergency vehicle access to all of its structures.

13.5 Change of Use.

If any dwelling or dwelling unit in a development erected as age-restricted housing in accordance with this Chapter ceases to be used as required by this Chapter, the development shall cease to be permitted age-restricted housing and must thereafter comply with all of the requirements of this Ordinance that would otherwise be applicable, including, without limitation, obtaining necessary variances and submission of a new site plan for review and approval by the Planning Board.