Germantown City Zoning Code
CHAPTER 1152
Age Restricted Housing Community Overlay District
1152.01 PURPOSE.
The purposes of the Age Restricted Housing Community Overlay District are:
(a) To provide a variety of housing choices for citizens who are 55 years of age and older;
(b) To encourage resident and other seniors who wish to reside in the community and to encourage those seniors who reside outside the Municipality to locate to the community;
(c) To recognize the importance of diversity and variety in the design of Age Restricted housing communities;
(d) To provide types of housing which reduces residents’ burdens of building and yard maintenance and which reduces demands on municipal services;
(e) To promote flexibility in land use planning in order to strengthen neighborhoods, improve site layouts, and protect natural features and environmental values;
(f) To provide for a greater variety of uses and building types at a higher density than would normally be allowed, and allowing greater flexibility in site planning so as to promote affordable housing and the preservation of open space and historic resources within the development; and
(g) To provide for the review of all such proposals prior to construction, to ensure compliance with the above intent and objectives and to assure that the proposal will not result in or contribute to incompatible use of the land, pollution of the soil or groundwater, traffic congestion or inappropriate site development.
(Ord. 08-42. Passed 8-18-08.)
1152.02 DEFINITION OF AGE RESTRICTED HOUSING.
An age-restricted residential development is any housing type that qualifies for an exemption as “Housing for Older Persons” under the Federal Fair Housing Amendment Act of 1988, 42 U.S.C. 3607(B).
(Ord. 08-42. Passed 8-18-08.)
1152.03 STANDARDS.
(a) An Age Restricted Housing Community is a planned development of land consisting of multiple structures under single ownership, or if several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.
(b) Each dwelling unit shall be occupied in accordance with the “Housing for Older Persons” exemption under the Federal Fair Housing Amendments Act. The applicant shall submit documentation showing that the proposed development will be restricted to elderly housing, in the form of deed restrictions on each lot, or in the case of a condominium development, by the Articles of Incorporation and the Homeowner’s Association By-Laws.
(c) The proposed development shall meet applicable federal and state certifications, licensing and/or approval requirements.
(d) The proposed development shall meet local fire safety and Ohio Building Code requirements for the proposed use and occupancy.
(e) No building shall contain greater than four (4) dwelling units.
(f) No dwelling unit in the development shall include more than three (3) bedrooms.
(g) A “no-step” access shall be provided to the front door or side door entrance to all dwelling units and community buildings.
(h) The proposed development shall include dwelling and facility design features that demonstrate their appropriateness for the age-restricted population. At a minimum, these design features will be used to make dwellings adaptable to handicapped persons and other person with mobility or functional limitations and shall provide accessible routes between parking areas, sidewalks, dwelling units and common areas. A contiguous hard surface shall be included to the entryway of all entrances to the dwelling unit or community building.
(i) The proposed development shall not generate an unreasonable increase in traffic volume and may not use on-street parking to meet applicable parking requirements.
(j) The proposed use should be in convenient walking distance of shopping and community facility wherever possible.
(k) A building shall consist of no more than two (2) stories. The second story shall contain no more than 900 square feet of living or habitable space.
(l) At least one (1) bedroom and one (1) bath shall be provided on the ground level first floor of a two story building.
(m) Detached accessory structures, such as detached garages, sheds and swimming pools shall be prohibited. All residential buildings shall have a minimum of one (1) car attached garage per dwelling unit.
(n) The exterior of the proposed development shall be compatible with the residential character of the neighborhood.
(o) In addition to the off-street parking requirements of Chapter 1137, one (1) guest parking space shall be provided per six (6) dwelling units. Said parking space shall be located within approved common areas.
(p) One freestanding sign located at each entrance to the tract is permitted. Said sign shall not exceed fifteen (15) square feet and shall be located so the sign bottom is flush with ground, landscape plantings or retaining wall. The top of the sign shall not exceed 3.5 feet from ground surface. The sign shall be surrounded by landscape plantings.
(q) All utilities shall be installed underground.
(r) Decorative street lights shall be provided on the Site Plan.
(Ord. 08-42. Passed 8-18-08.)
1152.04 HEIGHT AND AREA RESTRICTIONS.
The maximum height and minimum lot requirements within the Age Restricted Housing Community Overlay District shall be as follows:
Minimum Lot Area | 7,200 Square Feet |
Minimum Lot Width | 60 Feet |
Minimum Front Yard Setback | 30 Feet |
Minimum Side Yard Setback | 10 Feet |
Minimum Rear Yard Setback | 30 Feet |
Maximum Height | 35 Feet |
(Ord. 08-42. Passed 8-18-08.)
1152.05 LANDSCAPE BUFFERS.
(a) A coordinated landscape design for the entire project area including landscaping of structures, parking area, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Commission and Municipal Council.
(b) Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.
(c) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the zoning overlay district.
(d) The minimum landscaped/naturalized buffer along property lines shall be fifteen (15) feet.
(e) The landscaped buffer strip shall consist of the retention of natural vegetation supplemented with the planting of evergreen trees and shrubs.
(f) Additional buffering may be required in sensitive areas at the discretion of the Municipal Council.
(g) A six (6) foot high, five (5) foot deep landscaped buffer shall be planted along the abutting road where the rear yard of the units abut the road sufficient to screen the rear yard areas from the road.
(h) Upon the recommendations of the Planning Commission, the Municipal Council may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer.
(Ord. 08-42. Passed 8-18-06.)
1152.06 COMMON OPEN SPACE.
(a) All land within the Age Restricted Housing Community which is not covered by buildings, drives, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least twenty percent (20%) of the total area of the Age Restricted Housing Community. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development.
(b) Such Open Space shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjacent parcels.
(c) A maintenance plan shall be implemented to ensure the long-term protection of open space areas.
(d) All significant features such as trees of over 12" Diameter Breast High (DBH), water courses, one hundred year flood plains, wetlands, ponds and other water bodies, marshes, stone walls, scenic points, and historic sites are encouraged to be preserved in the following manner:
(1) Stone walls should be preserved by locating property boundaries along the existing line of the walls.
(2) Trees greater than 12" DBH in size should be preserved, if reasonably possible, by retaining natural grades and locating houses to minimize tree removal.
(3) Wetlands and water bodies should be incorporated into nature trails and other passive recreational uses.
(e) Suitable and usable outdoor recreational area or areas shall be provided for use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation (this amount may be included in the twenty percent (20%) common open space requirement set forth above). Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities.
(f) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited.
(g) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Municipality which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Municipal Council shall prescribe, and may contain such additional restrictions on development as the Municipal Council may deem appropriate. (Ord. 08-42. Passed 8-18-08.)
1152.07 HOMEOWNERS ASSOCIATION.
An owners’ association shall be established requiring membership of each unit owner in the Age Restricted Housing Community. The association shall be responsible for the ownership, liability and maintenance of the Age Restricted Housing Community including all properties, access drives, pedestrian/biking facilities and all associated infrastructure and utility improvements and facilities.
(a) All association agreements/covenants and documents shall be submitted with the application, and are subject to the approval of the Municipal Council.
(b) Such agreements/covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement/covenant, the Municipality may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and/or prevent the common land from becoming a public nuisance. The agreements/covenants shall also provide that the cost of such maintenance by the Municipality shall be assessed ratably against the properties within the development. (Ord. 08-42. Passed 8-18-08.)