Germantown City Zoning Code
CHAPTER 1136
Rural Residential Overlay District
1136.01 PURPOSE.
The Rural Residential Overlay District is composed of certain quite, low-density, residential appeal with a rural character, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, to provide for an orderly transition from predominately agricultural uses to mostly rural residential uses, and to strictly limit activities of a commercial nature. To these ends, development is limited to relatively low densities and permitted uses are limited basically to single-family dwellings for the residents, home-occupation uses for compatible home-based businesses, as well as certain additional institutional uses such as schools, parks and churches that serve the residents of the district.
(Ord. 04-44. Passed 7-19-04.)
1136.02 QUALIFYING LANDS.
Lands qualifying for the inclusion in the Rural Residential District shall be within the areas mapped as Agricultural. The minimum area required to create a district shall be five (5) acres of contiguous total land.
(Ord. 04-44. Passed 7-19-04.)
1136.03 LOT REQUIREMENTS.
(a) Minimum Lot Area.
(1) For small-scale agriculture: Five (5) acres.
(2) For all other uses: Unless otherwise specified, the minimum lot area for permitted uses in the Rural Residential District shall be one (1) acre.
(b) Lot Access. Lots shall be accessed from a public road in the Village of Germantown’s system.
(c) Maximum Coverage.
(1) Buildings shall not exceed ten (10) percent of gross site area.
(2) Impervious surfaces shall not exceed thirty (30) percent of the gross site area.
(d) Minimum Width. One hundred twenty (120) feet at the setback line of the front yard. (Ord. 04-44. Passed 7-19-04.)
1136.04 BUILDING REQUIREMENTS.
(a) Minimum Yards.
(1) Front: Forty (40) feet.
(2) Side: The minimum side yard for each main structure shall be fifteen (15) feet and the total width of the two (2) required side yards shall be thirty (30) feet or more for each principal structure.
(3) Rear: Each main structure shall have a rear yard of forty (40) feet.
(4) Accessory buildings: No accessory building may be located closer than ten (10) feet to any side or rear lot line.
(b) Building Height.
(1) No building shall exceed thirty-five (35) feet in height.
(c) Minimum Square Footage of Dwellings.
(1) The minimum square footage of one story dwellings shall be 2,400 square feet excluding unfinished basements and garages.
(2) The minimum square footage of two story dwellings shall be 2,600 square feet excluding unfinished basements and garages.
(Ord. 05-52. Passed 9-6-05.)
1136.05 COMPACT DEVELOPMENT OPTION.
The purpose of the Compact Development Option is to provide flexibility in the site design in order to encourage:
• Natural resource preservation
• Pedestrian-friendly streetscapes
• Cost-efficiency in providing infrastructure
• Appropriate design solution for unique site conditions.
Use of the Compact Development Option is voluntary on the part of the applicant.
The Compact Development Option permits smaller lot sizes in return for providing permanent green space within the development, and a more compact, cost-effective network of streets and utilities. Except for modification to the lot and building requirements defined below, all other provisions of the Rural Residential District pertain to the Compact Development Option.
(a) Lot Requirements for Compact Option.
(1) Minimum lot size: One half (½) acre, provided that no less than twenty- five (25) percent of the gross floor area parent tract is preserved in permanent green space.
(2) Minimum required green space.
A. Minimum lot area. Twenty-five percent (25%) of the gross area parent tract. No one lot of such required green space in any compact development shall be less than one and one-quarter (1.25) acres. Green space may include active or passive recreational uses, and may be held in either public or private ownership. Green space established for purposes of meeting the requirements of this provision shall not be included as part of any residential lot, and shall be restricted for any future development by the establishment of permanent conservation easements held in perpetuity by a public or private entity acceptable to the County. Accessory structures such as picnic shelters, ball fields, and nature trails shall be permitted within the green space. Parking areas and enclosed buildings are prohibited on the green space. Bike and walking trails must be incorporated into the development plan and can be used to calculate green space.
B. Maximum length width ratio. No one lot of such required green space in any compact development shall have a length to width ratio greater than five to one (5:1).
C. Minimum width. One hundred (100) feet at the setback line of the front yard.
(b) Building Requirements for Compact Option: Minimum Yards.
(1) Front: Thirty (30) feet.
(2) Side: Ten (10) feet for each main principal structure; two (2) required side yards shall be twenty (20) feet or more.
(3) Rear: Thirty (30) feet or more.
(4) Accessory buildings: No less than ten (10) feet to side or rear lot line.
(Ord. 04-44. Passed 7-19-04.)
1136.06 PLANNING COMMISSION TO REVIEW VARIANCES.
The Planning Commission shall have the right to approve or deny variances for special circumstances such as condominiums or landominiums with zero lot lines. In the case of an appeal of the Planning Commission’s decision regarding a variance, Section 1143 shall apply.
(Ord. 04-44. Passed 7-19-04.)