[Ord. No. 96-18; Ord. No. 2010-11, § 1.]
(a)
A nursing home approvable as a conditional use must be a facility
in a multifamily structure which is licensed by the department of
health, in accordance with N.J.A.C. 8:39, to provide health care under
medical supervision and continuous nursing care for 24 or more consecutive
hours to patients who do not require the degree of care and treatment
which a hospital provides and who, because of their physical or mental
condition, require nursing home-level care. For purposes of this subdivision:
(1)
"Nursing care beds" are the approved beds in a nursing home
which are used or available for patients. The rooms in a nursing home
in which one or two nursing care beds may be located are designated
as "nursing care units."
(2)
"Nursing home-level care" means care provided to individuals
who have chronic medical condition(s) resulting in moderate to severe
impairment in physical, behavioral, cognitive, and or psychosocial
functioning. It includes, but is not limited to, partial or total
assistance with activities of daily living, assistance with self-administering
or administration of medication, and provision of treatments and periodic
reassessments as directed by the patient's plan of care. It also includes
the provision of physiotherapy, occupational therapy, therapeutic
counseling, and other rehabilitative services as indicated by the
patient's medical condition.
(3)
A "multifamily structure" is a building containing 30 or more
nursing care units with each unit sharing with another unit or units,
one or more vertical or horizontal common wall, and with each unit
having its own separate entrance from an interior hallway or common
area.
(b)
An assisted living residence approvable as a conditional use
must be a facility in a multifamily structure which is licensed by
the department of health, in accordance with N.J.A.C. 8:36, to provide
apartment-style housing and congregate dining and to assure that assisted
living services are available when needed. Assisted living is intended
to promote resident self-direction and participation in decisions
that emphasize independence, individuality, privacy, dignity, and
homelike surroundings. The assisted living residence shall also include
facilities and arrangements for providing transportation and other
accessory services customarily incidental to an assisted living residence.
For purposes of this subdivision:
(1)
An "assisted living unit" is a unit in an assisted living residence
designed for one or two residents which offers at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance. The number of "assisted living beds" in an assisted
living residence shall mean the number of assisted living units designed
for one resident plus two times the number of assisted living units
designed for two residents.
(2)
A "multifamily structure" is a building containing 20 or more
assisted living units with each unit sharing with another unit or
units, one or more vertical or horizontal common wall, and with each
unit having its own separate entrance from an interior hallway or
common area.
(c)
To qualify for conditional use approval, the applicant must
demonstrate that the nursing home or assisted living residence has
received or will be eligible to receive a license from the State of
New Jersey, Department of Health, pursuant to the provisions of applicable
state statutes and regulations.
(d)
A single facility may include both nursing care units and assisted
living units. To the extent that there are different quantitative
regulations in this subdivision for nursing homes and assisted living
residences, the applicable number shall be computed by interpolation
based on the number of nursing care units and the number of assisted
living units.
(e)
In its design of a site for a nursing home or an assisted living
residence, the applicant shall attempt to achieve the integration
of the proposed nursing home or assisted living residence with the
existing and proposed land uses adjacent to the site.
(f)
Section T10B-321 shall not apply to an application seeking conditional use approval under this subdivision.
(h)
In assisted living residences, at least 5% of the assisted living
units shall qualify as affordable housing units.
(i)
As part of its submission, the applicant seeking approval for
a nursing home or assisted living residence shall submit a document
describing its plans for helping people remain at the home or facility
after they have exhausted their own financial resources.
(j)
The only provisions of the chapter which shall be interpreted as conditions of the conditional use are subparagraphs (a) or (b) and (c) of this section and section T10B-272.41.
(k)
Nursing homes and assisted living residences shall not be allowed
as permitted or conditional uses in the R-A or R-B zoning districts.
[Ord. No. 96-18.]
The maximum number of nursing care units in a nursing home shall
not exceed the lesser of 120 nursing care units or 30 nursing care
beds per acre. The maximum number of assisted living units in an assisted
living residence shall not exceed the lesser of 100 assisted living
units or 25 assisted living beds per acre. For purposes of this section,
nursing homes and/or assisted living residences constructed on contiguous
parcels or on parcels within 200 feet of each other, shall be aggregated
in order to determine whether the maximum numbers set forth herein
have been violated.
[Ord. No. 96-18.]
The following accessory uses shall be permitted in a nursing
home or an assisted living residence: indoor recreation facilities,
physical therapy facilities, entertainment facilities, libraries,
food preparation facilities, dining facilities, linen service facilities,
nursing services, housekeeping services, security facilities, administrative
offices, storage and maintenance facilities, chapels, parking facilities,
barber shop and beauty parlors, facilities for the sale of sundries,
personal articles, newspapers, food, and similar convenience products
to the residents, visitor accommodations not exceeding 5% of the total
number of units, and such other uses as are customarily associated
with and subordinate to the principal permitted uses. Accessory uses
in a nursing home may also include all facilities necessary to provide
nursing home-level care and services. Accessory facilities, functions,
and services shall be for the use and benefit of the patients/residents
of the facility and, subject to a plan approved by the board of jurisdiction,
may be made available for use by other persons.
[Ord. No. 96-18.]
The following bulk regulations shall apply to a nursing home
or an assisted living residence:
(a)
In an R-T or S-2 zoning district:
(1)
Minimum tract size: three acres;
(2)
Maximum floor area ratio: 30%;
(3)
Minimum tract width: 250 feet;
(4)
Minimum building setbacks:
Front: 40 feet.
Rear and sides: 30 feet;
(5)
Minimum parking setback: 30 feet, but no parking shall be allowed
in the area between the road and the facade of the building closest
to the road. For a corner lot this shall apply to the setback from
both roads.
(6)
Maximum impervious coverage: 40%;
(8)
Maximum height: 35 feet;
(9)
The setback to height ratio for the front, rear, and side yards
shall be no less than 1.5 to 1.
[Ord. No. 96-18.]
No more than the number of off-street parking required to meet
the needs of the residents, employees and guests shall be allowed.
The applicant shall submit a parking study prepared by an expert to
justify its need for the proposed number of spaces. The applicant's
proposed number shall not exceed the number produced by applying the
following standards for determining the number of required parking
spaces:
(a)
0.30 spaces per nursing care bed or assisted living bed;
(b)
1.0 spaces per staff member on the maximum shift; and
(c)
An additional 10% of the sum of (a) and (b) above. The additional requirement of section T10B-291.1 shall apply.
