Development of a Planned Single-Family—Age Restricted district shall be limited to detached single-family homes, and uses provided as amenities such as health clubs, club houses and pools for the use and enjoyment of the residents of the subdivision.

In the PSF-AR (Planned Single-Family—Age Restricted) zoning district, the uses permitted by right are detached single-family homes in a subdivision, which contains covenants and restrictions as to age, and amenities for the subdivision limited to use by the residents of the subdivision.

In the Planned Single-Family—Age Restricted zoning district, permitted accessory uses shall be as follows:

A.

Keeping not more than one (1) transient boarder or roomer that meets the established age restriction;

B.

Accessory parking;

C.

The following private structures: garages, tool sheds, tennis courts, swimming pools, greenhouses, recreational structures and other similar structures, provided conditions outlined in Section 17.22.040(I) and (J) are met;

D.

Storing not more than one (1) of each of the following: unoccupied camper, trailer, or boat;

E.

Home occupations, as allowed by Chapter 17.66;

F.

Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized nonresidential use located on the property not to exceed two (2) years.

In the Planned Single-Family—Age Restricted district, additional use regulations shall be as follows:

A.

The entire subdivision shall be restricted to those persons fifty-five (55) and older and a spouse of any age, or all residents over the age of sixty-two (62); or restricted to at least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older.

B.

Restrictive covenants may be filed, which allow for reasonable time-limited visitation rights for persons other than a spouse under the age of fifty-five (55).

C.

The developer and/or homes association may provide maintenance to both the exterior of the living structure and garage, as well as yard areas.

D.

Each unit shall be constructed with either an accessible basement or a safe room constructed in accordance with the latest editions of Federal Emergency Management Agency (FEMA) Publication 320, Taking Shelter from the Storm: Building a Safe Room Inside Your House; FEMA's National Performance Criteria for Tornado Shelters; or the National Storm Shelter Association's Standard for the Design, Construction, and Performance of Storm Shelters.

E.

Distance requirements for the keeping and sheltering of animals and storage of other odor or dust producing substances shall be as prescribed in SMC 6.08.020.

F.

Public utility rights-of-way, substations, and pumping stations shall be housed in structures that harmonize with the character of the neighborhood.

G.

In addition to the particular requirements listed for any use by special permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.

H.

Buffer areas of at least fifty (50) feet shall be required for special permit uses, with the exception of home occupations requiring a special use permit; however, the Governing Body may reduce the width of buffer areas where local conditions exist and substitute protection for neighboring properties as reasonably indicated. Buffer areas shall always be landscaped, screened and maintained in harmony with the landscaping and natural growth of the neighborhood.

I.

Tool sheds, utility sheds, and greenhouses that are not considered permanent structures under the currently adopted building code are permitted, provided they are located in rear yards, and are not located closer than five (5) feet of any side yard or rear plot line, or within any platted building setback line. These structures shall be located at least fifteen (15) feet from the principal structure. Section 17.60.010 provides for the maximum size requirements for accessory structures.

J.

Private tennis courts, swimming pools, and similar private recreational structures shall be located in the rear yard and shall not be located within any platted building setback, and shall be a minimum of ten (10) feet from all other plot lines. Outdoor lighting fixtures shall be setback from plot lines a distance equal to the height of the light fixture pole and shall provide directional shielding to prevent any direct illumination of adjoining properties.

K.

In the event the covenants and restrictions shall allow the operation of an in-home child care facility as a home occupation, a fire safety inspection shall be completed prior to requesting a special use permit. Additionally, the required play area shall be fenced.

The zoning of land to the Planned Single-Family—Age Restricted zoning is to encourage orderly and quality development of independent living opportunities to senior citizens generally age fifty-five (55) and older.

A.

Planned Single-Family—Age Restricted developments are building sites that are planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the City. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards that were committed to at the time of rezoning. The submittal by the developer that the development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.

B.

Planned Single-Family—Age Restricted development should be designed in a manner that will produce more usable open space, better recreational opportunity for the age group in the subdivision, and safer, more attractive neighborhoods than under conventional zoning and development techniques.

C.

The developer may be given latitude in using innovative techniques in the development of land not feasible under application of conventional zoning regulations.

D.

Deviations from the development requirements as provided in Section 17.22.110(H) may be approved if it is deemed that other amenities or conditions will be gained to the extent than an equal or higher quality development is produced.

A.

No individual residential building shall be created that has direct access to an arterial street. Each lot shall have direct access to a public or private street, constructed to public street standards of the City.

B.

Each dwelling shall be located on either a public or private street, or permanent open space or common yard, or court not less than fifty (50) feet wide;

C.

Sidewalks built to City specifications shall be provided along all public and private streets.

D.

All individual buildings, or structures other than single-family dwellings, or accessory buildings, as noted in Section 17.22.030 shall be separated by a minimum distance of twenty (20) feet.

Open space shall be provided in all Planned Single-Family—Age Restricted residential subdivisions. The minimum amount of open space dedicated on the plat shall be calculated in a cumulative amount as follows: For each lot in excess of six thousand (6,000) square feet, one hundred (100) square feet of common open space shall be provided; for each lot between five thousand five hundred and one (5,501) and five thousand nine hundred ninety-nine (5,999) square feet in size, five hundred (500) square feet of common open space shall be provided; for each lot between five thousand five hundred (5,500) and five thousand two hundred fifty-one (5,251) square feet in size, seven hundred fifty (750) square feet of common open space shall be required, and for each lot between five thousand two hundred fifty (5,250) and five thousand (5,000) square feet in size, one thousand (1,000) square feet of common open space shall be provided. The open space shall be usable by the subdivision residents and shall provide amenities commensurate with the size and nature of the development. Open space tracts provided along creeks or open channel setbacks shall count as fifty percent (50%) of the total area unless amenities such as walking trails are provided to make the areas usable to the residents. In all cases, subdivisions exceeding ten (10) acres in size shall provide amenities in open spaces. The applicant shall provide in the narrative statement information regarding the amenity package. The Planning Commission and Governing Body shall review the amenity package for approval, taking into account the size of the proposed subdivision. Larger subdivisions will be expected to provide numerous amenities such as health club facilities, swimming pools, community gardens, club houses, and etcetera.

A minimum of two (2) off street parking spaces shall be provided for each dwelling unit. The garage may be considered as one (1) space, provided the residential structure contains a basement. Additional parking, to include separate parking for visitors, or accessory equipment such as boats, trailers, or recreational vehicles, may be required by the Planning Commission if deemed necessary to meet projected usage. Parking facilities shall be provided for all large open space areas containing amenities such as swimming pools, club houses and tennis courts. Parking requirements for these other uses allowed in the zoning district shall be as designated in Section 17.70.030 of the zoning regulations.

In order to protect the integrity of an age restricted development, and when deemed necessary to provide protection to adjacent properties, the Planning Commission may require landscaped areas and screening as part of a planned unit development. The Planning Commission may determine the most appropriate type and location of screening deemed necessary to protect adjacent properties. If so required by the Planning Commission a screening and landscape plan shall be submitted to the Community Development Director for approval prior to issuance of any building permit within a parcel of a Planned Single Family—Age Restricted development. Landscape plans shall indicate the location, species of plant material, and the size of the plant material. Screening plans shall include typical details of fences, berms, and plant material to be used. Landscape easements will be expected to be provided as separate tracts along designated arterials and major collector streets. Each lot shall provide at least the minimum number of trees as prescribed by SMC 17.57. The developer, in addition to submitting plans for landscaping of spaces as mentioned above, shall submit at least four (4) landscape plans to be used for individual lots. To assure variety of landscaping throughout the subdivision, no adjacent lot facing the same street may use the same landscape plan.

A.

Setback requirements:

1.

Front yard: Minimum of twenty (20) feet, however, one (1) required front yard setback on a corner lot may be noted on the plat as a side yard setback, and may be fifteen (15) feet in width, provided it is not adjacent to a platted front yard area, and no driveway is provided off that street. Further, the Planning Commission may consider an open air front porch with a minimum depth of six (6) feet located along a front yard setback to have a front setback of fifteen (15) feet to the face of the porch. However, this does not permit the remainder of the residential structure to have the same setback as the porch.

2.

Rear yard: Twenty-five (25) feet.

3.

Side yard: Five (5) feet.

B.

Minimum lot area: The Planned Single-Family—Age Restricted district provides the opportunity to create lots which generally are smaller than in traditional zoning districts or the Planned Single Family zoning district that is not restricted by age. However, the design of the lots shall take into consideration the surrounding developments. Additionally, the number of lots meeting the minimum lot area calculation will be expected to be small, with most lots in excess of minimum standards. The minimum lot area in the Planned Single-Family—Age Restricted zoning district shall be five thousand (5,000) square feet. Lots adjacent to other residential zoning districts will be expected to be larger than the minimum.

C.

Minimum Plot Width: The minimum plot width shall be forty-five (45) feet, or fifty-five (55) feet in the event a three (3) car garage is provided and on a corner lot. A variety of lot widths will be expected to be provided in the Planned Single Family—Age-Restricted zoning district. Lot width measurements in the Planned Single-Family-Age—Restricted district are calculated at the property line, except for those lots created in the ball of a cul-de-sac, where the lot width is measured at the building line. The width of lots in the ball of a cul-de-sac shall be expected to be larger than the minimum to assure that proper distances between driveways can be provided.

D.

The maximum height requirement in the Planned Single-Family—Age Restricted zoning district is forty-five (45) feet, with a maximum of three (3) stories.

E.

Minimum zoning district size: Twenty (20) acres.

F.

Residential Density: The overall density of Planned Single-Family—Age Restricted developments shall not exceed seven (7) dwelling units per gross acre. For the purpose of compliance with the Comprehensive Plan, a development meeting the residential density requirement may be located in the low density residential designation, provided the subdivision is compatible with the existing surrounding subdivisions, and is of a quality at least equal to those subdivisions regarding architectural materials and design.

G.

Maximum ground coverage per each individual building parcel shall not exceed fifty percent (50%).

H.

Floor area: The minimum ground floor area for a one-story home shall be one thousand one hundred (1,100) square feet; the minimum ground floor area for a one-and-a-half (1½) story and two (2) or more story home shall be seven hundred (700) square feet. The total minimum floor area for any dwelling shall be one thousand one hundred (1,100) square feet.

A.

The uses permitted in the Planned Single-Family-Age Restricted district shall be those noted in Sections 17.22.020, 17.22.030, and 17.22.040; provided, however, where found to be reasonably necessary in the interest of public health, safety and general welfare, the City may condition approval of a development plan by specifying that certain uses otherwise permitted in the district shall not be allowed in that particular development.

B.

At the time of preliminary plan approval, the applicant may propose, or the City may require, a phasing plan be submitted setting forth the timing and sequencing of development among various types of uses or subgroups of uses or buildings in the development.

C.

To assure that a variety of housing types are provided, the applicant shall submit for consideration dwelling elevations proposed to be used in the subdivision. The elevations shall contain the square footage of each proposed residence. No greater than twenty percent (20%) of the homes constructed shall be of the same exterior elevation. At least forty percent (40%) of the elevations shall indicate the use of brick and/or stone, and a similar number of residences in the subdivision shall use these materials on the front elevation. Other building materials shall be those of low maintenance such as stucco, and Hardie board paneling.

D.

The front of a dwelling shall not face the rear of another, unless approved by the Planning Commission as part of the plan.

E.

As a general rule, the density or intensity of residential land uses shall be as set forth in these regulations; provided, however, that as long as the overall density of the development does not exceed the density otherwise permitted for a parcel that size, taking into consideration standard street patterns and right-of-way requirements, the density of portions of the development may vary from that otherwise applicable to the subdivision as a whole.

F.

As a condition of preliminary development plan approval, the developer shall be required to provide for and establish an agency (homes association) for the ownership and maintenance of any common open space, amenities, and provisions for the maintenance of the exterior of residential structures (if such exterior maintenance is proposed to be provided) and yard areas. The documents shall indicate the proposed level of monthly or annual payment and shall assure the financial and administrative ability of such agency. Further, the proposed documents establishing such agency shall be filed with the rezoning application, and final copies shall be submitted to the City for recording with the final plan. Such agency shall not be dissolved or permitted to dispose of any common open space by sale or otherwise (except to an agency assuming all the duties and obligations of the original agency), without receiving approval from the Governing Body.

G.

At the time of final development plan approval, the Planning Commission may apply the provisions of this chapter to the planned development and, upon the acceptance of the Governing Body, the filing of the final development plan with the Office of Tax Administration and Records shall constitute the effective dedication of easements, rights-of-way, access control, and the equivalent of an alternate for the platting of land prior to issuance of building permits for the planned development.

H.

Standards for the design, bulk, and location of buildings and structures shall be set forth in this chapter; provided, that the Planning Commission and Governing Body may, in the process of approving the preliminary or final development plans, approve a reduction of setbacks for amenities provided in common open spaces in keeping with good land use planning techniques. In granting the deviation, the Planning Commission and Governing Body shall find that all the following conditions are met:

1.

That the deviation requested arises from a condition, which is unique to the property in question, and is not created by an action or actions of the landowner or applicant;

2.

That the granting of the deviation will not adversely affect the rights of adjacent landowners or residents;

3.

That the strict application of the provisions of the ordinance would constitute unnecessary hardship to the landowner represented in the application;

4.

That the deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;

5.

That the granting of the deviation will not be opposed to the general spirit and intent of this chapter.

The application procedures for the Planned Single-Family—Age Restricted district are provided in Sections 17.54.700 through 17.54.730 of the Shawnee Municipal Code.

Procedures for submission and approval of preliminary development plans for the Planned Single-Family—Age Restricted district are provided in Sections 17.54.800 through 17.54.840 of the Shawnee Municipal Code.