Age restricted mixed use community
A. Purpose. It has been determined that:
1. There is a need for alternative housing in the Town of Tiverton for members of the adult population who will no longer maintain a residence for minor children and that such housing should be comprehensively designed to meet the needs of adults and;
2. That such a use is in accordance with the Tiverton comprehensive plan.
The purpose of this section 18 is to provide for an Age Restricted Mixed Use Community in appropriate locations and settings, in which the residential uses are expressly for and specifically limited to the use and residency by persons as defined herein and the permitted associated uses are also as defined herein. Any application for an Age Restricted Mixed Use Community shall be reviewed and approved by the planning board as a major land development in accordance with the land development and subdivision regulations.
B. Definitions.
1. Age Restricted Mixed Use Community ("ARMUC"): A self-contained community expressly for and limited to use and residency by persons 55 years of age or older, or as otherwise expressly required by state and federal law and regulation. Such a community shall have both public water and sewerage and shall, with its associated uses, be constructed on a lot or combination of contiguous lots ("contiguous" lots shall mean abutting lots or lots divided by public streets, railroad rights-of-way or any similar dividing barrier) containing not less than a total of 90 acres of land with at least 2,600 feet of combined frontage on the tidal navigable waters of the State of Rhode Island. The use and occupancy in an ARMUC shall be restricted to:
(a) Any person of the age of 55 years or over;
(b) A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over;
(c) The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over; or
(d) The individual or individuals, regardless of age, residing with and providing necessary physical or economic support to a permissible occupant as authorized by the C & R's.
The foregoing occupancy restrictions shall not be construed to prohibit the occupants of any unit in an ARMUC from entertaining guests, of any age, in their units, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefor.
2. Associated uses: Those associated uses permitted in this section 18 in an ARMUC, which may be for the use of the residents of the community and for the use of the general public and which shall be located on a separate lot in the ARMUC and which may be under separate ownership when the project is complete.
3. These definitions shall be considered to be definitions as if they were part of article 11 of this zoning ordinance. Any references to the "zoning ordinance" in this section 18 shall mean the zoning ordinance as adopted June 27, 1994, as amended through the date of adoption of this section 18.
C. Zoning district. An ARMUC shall be allowable in any zone under this zoning ordinance except R15, R30, R40, R60 and R80 zones or any other or future residential zone, subject to the specific area requirements and water frontage requirements set forth above and subject to the further requirements of this section 18.
D. Permitted residential uses in an ARMUC. The following residential uses are permitted in an ARMUC:
1. Single-family dwellings, two-family dwellings, or multi-family dwellings and appurtenant structures, all as defined in this ordinance and as restricted in the C & R's, or any combination of such dwellings and structures, provided, however, that all residential dwellings shall be owned, operated and administered as a condominium under G.L., 1956 title 34, chs. 36 and 37, as amended, or shall be owned, operated and administered under similar provisions, except as noted hereafter in this section 18.
2. Permitted principal uses. The principal residential uses of buildings in an ARMUC shall be limited to the following:
a. Dwelling units.
b. Recreation facilities.
c. Sales and administrative offices required for the construction, sale, resale and management of the ARMUC.
d. Maintenance buildings within which fertilizer, pesticides, paint, and all other equipment or materials necessary for road, ground and building maintenance may be stored in compliance with all state and federal laws and regulations governing storage of hazardous materials.
3. Permitted accessory uses. The accessory uses of buildings and structures in the residential portion of an ARMUC shall be limited to the following:
a. Master television antenna system and/or cable television antenna/reception facilities in compliance with town ordinances.
b. Common parking areas for guest parking or dedicated for specific parking purposes.
c. Buildings for storage of vehicles, equipment and supplies.
d. Outbuildings and structures as part of recreation facilities.
E. Density requirements for residential uses.
1. The land suitable for development in the entire parcel proposed for an ARMUC shall be calculated to determine total allowable lot coverage in accordance with article V, section 3(a) of this ordinance.
2. Once the area available for development has been calculated, at least 80 percent of the suitable land area shall be dedicated to residential uses.
3. Once the area dedicated to residential uses is defined, it shall be demarcated as a separate lot for residential purposes.
4. Within the lot demarcated for residential uses the density allowed shall be one dwelling unit (whether one-family, two-family, or multi-family units are involved) per 6,000 square feet of suitable land. The maximum number of units shall be 370.
F. Dimensional requirements.
1. Single-family units and two-family units on common property shall have a minimum setback from any interior roadway or circulation driveway of 20 feet.
2. Minimum distance between detached units:
(i) For units oriented side-to-side to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.
(ii) For units oriented essentially at 90 degrees to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and 10 additional feet for each story over two stories.
(iii) For units oriented essentially rear-to-rear to each other the minimum distance between buildings shall be 30 feet for buildings of two stories and 10 additional feet for each story over two stories.
3. For multi-family units:
(i) Minimum setback from interior roadway or circulation driveway 20 feet.
(ii) Minimum setback from interior parking lot 20 feet.
4. Minimum distance between multi-unit buildings:
(i) For multi-unit buildings oriented essentially at 90 degrees to each other the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.
(ii) For multi-unit buildings oriented essentially end-to-end to each other, the minimum distance between buildings shall be 20 feet for buildings of two stories and ten additional feet for each story over two stories.
(iii) For multi-unit buildings oriented essentially with the parallel axis facing each other, the minimum distance between buildings shall be 35 feet for buildings of two stories and ten additional feet for each story over two stories.
5. Maximum building height: All buildings shall be constructed in compliance with the Rhode Island State Building Code and no building shall be higher than four stories plus the roof. In no event shall the maximum height of any building exceed 65 feet measured from the downslope or lowest grade. No buildings for storage of vehicles, equipment or supplies or recreational buildings shall be higher than two stories plus the roof.
6. The maximum percentage of lot building coverage shall be 30 percent for the lot demarcated as residential.
G. Minimum parking requirements (including parking for residents and visitors).
1. For each detached single-family unit: a one car garage plus one additional parking space.
2. For each unit in a two-family or multi-family building: Two and one-half spaces.
3. A private driveway with capacity for off-street parking of one automobile shall be deemed to constitute one parking space.
4. The gross area per car space shall be no less than 200 square feet.
H. Utilities. An ARMUC must be fully serviced by public water and public sanitary sewerage facilities. All utilities shall be underground.
I. Recreation facilities. Any ARMUC shall contain and provide for the benefit, use and enjoyment of its residents, recreation facilities which can include, but shall not be limited to, the following:
1. A recreation area containing a recreation building or buildings.
2. Swimming pool or pools with amenities.
3. Picnic-barbecue areas.
4. Jogging trail or trails.
5. Tennis courts.
6. Fitness-exercise course or courses.
7. Gardening areas (including greenhouses).
8. Such other activities as the developer may propose and the planning board shall find to be consistent with the lifestyle of residents of an ARMUC and which are accessory to the residential character of an ARMUC.
9. Ownership of recreation facilities: All recreation facilities shall be owned by the homeowners association (defined below).
10. However, no boats or recreational vehicles shall be stored in the ARMUC.
J. Permitted associated uses in an ARMUC. The following associated uses are permitted on the lot demarcated for the associated uses in an ARMUC, all of which shall be for the use of the residents of the ARMUC and for the general public:
1. Marina.
2. Hotel or motel.
3. Retail businesses as described in article IV, sections 10(a), (d), (f), and (g) of this zoning ordinance consisting of general retailing activities, a package liquor store, commercial docks or piers and sales of boats and marine accessories, except that there shall be no storage or repair of boats.
4. Restaurants, including entertainment and liquor.
5. Maintenance buildings within which fertilizer, pesticides, paint and all other equipment or materials necessary for road, ground and building maintenance may be stored, in compliance with all state and federal laws and regulations governing storage of hazardous materials.
6. Residential dwelling units, but only in the second floor of any building except for a hotel or motel. Use and occupancy of any such dwelling units shall be subject to the residency restrictions contained in section 18.B.1 above.
7. Maximum building height shall be four stories of no more than ten-foot each of living space, plus the roof and not more than 65 feet for one hotel or motel; three stories plus the roof for one combined dockmaster/maintenance building; and two stories plus the roof for any other building.
K. Density requirements for associated uses.
1. Once the lot dedicated to the associated uses is defined, it shall be demarcated as a separate lot of record and may or may not be part of the condominium or similar entity which owns, operates and administers the lot demarcated for residential uses.
2. The lot demarcated for the associated uses shall not require frontage by a public or private street, but access to it must be provided on either a public or private street built to the specifications required in the land development and subdivision regulations for a collector street. In the event that pre-existing manmade or natural conditions on the land make it difficult or expensive to construct all or part of such a street to this standard, the planning board may grant waivers so that construction of the street can proceed.
3. The maximum percentage of lot building coverage on the lot demarcated for the associated uses shall be 50 percent.
L. Buffer zones. No residential unit shall be constructed within 40 feet of any adjacent land located bordering the ARMUC land. No associated use shall be constructed within 40 feet of any adjacent land bordering the ARMUC land. The buffer zone shall be landscaped in such a manner as the planning board finds will reasonably separate the ARMUC land from adjacent land. Where a public or private street abuts a buffer zone, the pavement of the street may be placed so that the outer edge of the pavement directly abuts the inner edge of the buffer zone and the landscaped area of the buffer zone may be used in calculating the right-of-way width, resulting in the paved portion of the right-of-way being placed completely to the interior side of the right-of-way. In the event that pre-existing man-made or natural conditions on the land make it difficult or expensive to construct all or part of a public or private street without intrusion into the buffer zone, the planning board may allow the public or private street to be constructed within the buffer zone.
M. Frontage. The ARMUC shall have not less than 120 feet of frontage on an existing public street.
N. Streets. The applicant for approval of an ARMUC shall have the choice of either having all of the streets or ways within the ARMUC as public streets, all as private streets, or a mixture of streets with some public and some private.
Any street which is designated as public shall be constructed in accordance with the specifications of the land development and subdivision regulations of the town except where pre-existing man-made or natural conditions on the land make such construction unreasonably difficult or expensive. In that event, the planning board may grant any necessary waivers from the requirements of the specifications of the land development and subdivision regulations so that construction of the public street can proceed.
All maintenance of any public or private street within the ARMUC, including plowing of snow shall be done and performed by the homeowners association as described hereafter in this section 18.
Any street which is designated as private shall be constructed with a minimum grade of one percent, a maximum grade of 15 percent, (for a running distance of not more than 200 feet), and a maximum grade at turnaround of five percent.
Streets shall be designed to the specifications of the land development and subdivision regulations with the exception of the width requirement. There shall be three types of streets in addition to collector streets, which will be as follows:
1. Any principal streets, which shall be constructed according to the requirements for "local" streets in the regulations;
2. Secondary streets which shall have a minimum paved width of 18 feet, and;
3. Access drives which lead to the residential clusters and which may be a minimum of 15 feet in width with a surface of either asphalt or crushed stone, but which shall have one reinforced shoulder of at least six feet in width to support emergency vehicles.
O. Performance guarantees: The planning board shall require the applicant to provide a guarantee of performance so that all improvements, facilities or work (including the private streets) required in the approval, or as a condition of approval shall be performed. The procedure for guarantees of performance and inspection of improvements shall follow article X of the land development and subdivision regulations.
P. Maintenance documents: The applicant shall file with the planning board, prior to approval, appropriate documents to be recorded in the land evidence records requiring that the homeowners association, condominium association, or some similar entity, is responsible for the maintenance of all improvements required. Said documents shall consist of:
One or more recorded declaration of covenants and restrictions ("C&Rs") which shall provide for and create one or more incorporated membership organizations under law in which all unit owners in the ARMUC shall be required to be members (the "homeowners' association"). The C&Rs shall provide for:
(i) The ownership, maintenance, operation and upkeep of all recreation facilities, open space, streets and other common areas within the ARMUC by the homeowners association;
(ii) The restrictions on residential unit occupancy (including restrictions on individuals providing necessary physical or economic support to a permissible occupant) set forth above both for the lot demarcated as residential and for the associated uses lot;
(iii) The procedure for creating, imposing and collecting assessments from each unit owner to finance the foregoing;
(iv) The organization, operation and management of the homeowners' association;
(v) Restrictions against occupancy of any house trailer (except during construction) or any modular or prefabricated dwelling; and
(vi) A provision that, if the homeowners association fails to enforce or carry out any provision of the C&Rs, the town may enforce and carry out such provision and charge the homeowners association and/or the unit owners for any costs incurred by the town including the placement of liens on the property of the homeowners association or unit owners.
A complete copy of the proposed C&Rs and all documents creating and organizing the homeowners' association shall be submitted to the planning board for review and approval prior to final approval of the ARMUC.
Q. Planning board review: In its review, pursuant to the provisions of this section 18, the planning board may grant waivers and/or modifications from the land development and subdivision regulations as may be reasonable and within the general purposes and intent of the land development and subdivision regulations and this section 18. The grounds for such waivers and/or modifications under this section 18 are whether such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and the zoning ordinance.
R. Phases: Either the residential uses or the associated uses in an ARMUC, or both, may be phased in accordance with article VIII, section 23—42 of the land development and subdivision regulations.
S. Validity: If any portion of this section 18 is declared invalid by a court of competent jurisdiction and all appeals from such declaration have been exhausted, any change to this section 18 must be reviewed by the planning board prior to enactment.
(Ord. of 4-10-00(2); Ord. of 4-10-00; Ord. No. 2025-0006, § 2, 4-21-25)