(a) Permitted Uses. The permitted uses in a PUD shall be those permitted in the underlying zoning district. In addition, the following uses shall be permitted in residential PUDs:
(1) Clustered housing in compliance with the following standards:
A. The overall density of the development shall not exceed that permitted in the underlying zoning.
B. Townhouse Regulations.
1. When single-family homes are to be clustered into townhouses, there shall be no more than eight (8) units per structure.
2. No more than two of the townhouses shall share the same, or approximately the same, front building line.
3. Each townhouse shall have its own yard containing no less than 400 square feet of greenspace or vegetation. Such yard shall be reasonably secluded from streets or from neighboring properties and shall not be used for off-street parking, garages, storage facilities, driveways, or accessory buildings.
4. The minimum distance between any two rows of townhouses shall be sixty (60) feet.
5. Any garages constructed for townhouse occupants shall be located in the rear of the townhouses.
C. Clustered lots.
1. The lot area requirement for single-family detached dwelling lots may be decreased with a minimum lot area of 8,000 square feet for each dwelling.
2. The PUD should not be used to cluster all the homes onto one part of the development, in a typical subdivision layout, for the preservation of the remaining portion of the project area. Instead, small groupings of clustered lots should be located throughout the project area so that every lot has direct access or nearby access to greenspace.
D. Lots or dwelling clusters shall be done in such a way as to protect natural or sensitive areas to the maximum extent feasible.
E. Sensitive areas shall be identified on both the Preliminary and Final Development Plan and shall be treated as common open space that may not be developed in the future.
(2) Traditional Neighborhood Residential development in areas adjacent to downtown Germantown or the older neighborhoods surrounding downtown provided that the development is in compliance with the following standards:
A. Only single-family homes shall be permitted.
B. The minimum lot size shall be 7,500 square feet, and shall not include the right-of-way of a street or alley.
C. The front yard setback shall be twenty (20) feet or the average front yard setback of properties within the same block.
D. The street network shall be designed to continue the existing grid system.
E. An alley system shall be provided to provide access to garages and secondary access to homes.
F. All garages shall be located in the rear yard of the property with access from an alley.
G. Sidewalks with a minimum width of four (4) feet shall be provided on both sides of a street.
H. All single-family homes shall have a porch that extends along at least 50% of the front elevation.
I. Street trees shall be planted on both sides of the street.
(3) Commercial uses.
A. “C-1" district commercial uses may be permitted provided that the residential PUD is twenty (20) acres or more in size.
B. One area of a residential PUD may be designated as a neighborhood shopping area provided that it does not exceed two (2) acres.
C. An additional acre of neighborhood shopping area may be designated for each fifteen (15) acres of residential PUD project area in addition to the original twenty (20) acres.
D. The total square footage of commercial building space shall not exceed five percent (5%) of the gross floor areas of all dwellings within the development.
E. All exterior lighting of parking areas, buildings, and attached signage shall be so arranged as to reflect lights away from adjoining properties. No flashing lights or signs shall be permitted except those authorized by the Municipality for traffic regulation.
F. All commercial properties shall be maintained in a neat and orderly manner.
G. All commercial properties shall be appropriately screened from adjoining residential properties with decorative fencing, berms, and vegetation.
H. No outdoor displays or sales may take place in a residential PUD unless authorized by the BZA and for a period of time not to exceed fourteen (14) days.
I. Where commercial uses are planned in conjunction with residential uses, no commercial use shall be constructed until at least sixty percent (60%) of the residential units are complete or under construction or unless authorized by the Planning Commission.
(b) Project Area. It is the intent of this chapter that the use of the PUD will yield the same net density of dwelling units as would develop under conventional zoning. Therefore, the project area that will be used to determine the permitted number of units shall include all of the area within the PUD that is devoted to residential use, open space, and recreational uses designed to serve the residential development specifically excluding but not limited to land located within a floodway and land allocated for public right-of-ways.
(c) Density Calculation. The Planning Commission shall determine the net number of dwelling units that may be constructed within the PUD by dividing the project area by either of the following:
(1) The required lot area per dwelling unit is required in the district on which the PUD is located; or
(2) The required lot area per dwelling unit that is required in the district on which the PUD is located, as modified by any increases in density authorized under subsection (e) below.
(d) Planned Unit Development In Multiple Zoning Districts. If a residential PUD covers more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the PUD district located in a separate zoning district, and then must be combined to determine the number of dwelling units allowable in the entire PUD. However, the distribution of the dwelling units within the overall PUD is not to be affected by existing zoning district boundaries.
(e) Density Bonus.
(1) The Planning Commission may authorize a density bonus in the PUD under the following circumstances provided that the negative impacts listed in paragraph (2) below would not be created by such an increase in density:
A. For undeveloped common open space above the minimum amount required in Section 1135.06(h), a maximum increase of five percent (5%) of the net density.
B. For improved common open space above the minimum amount required in Section 1135.06(h), a maximum increase of five percent (5%) of the net density.
C. For the preservation of land along corridors that the Planning Commission recommends the preservation of for future nonresidential development, a maximum increase of ten percent (10%) of the net density.
D. For distinctiveness and excellence in the site, design, and landscaping of the PUD, a maximum increase of ten percent (10%) of the net density.
(2) In no case shall the density in the planned development be increased by more than twenty-five percent (25%) of the net density.
(3) If the Planning Commission finds that any of the following conditions would be created by the density bonus provided for above, it may then deny or limit any density bonus by an amount that is sufficient to avoid the creation of any of these conditions.
A. Congested or unsafe access to the developments;
B. Traffic congestion in the streets which adjoin the PUD development; or
C. An excessive burden on parks, infrastructure, recreational areas, schools and other facilities, beyond what would be created by typical development densities that serve or are proposed to serve the PUD development.
(f) General Review Guidelines. In evaluating a proposed PUD, the following guidelines shall be used by the Planning Commission:
(1) The residential PUD is consistent with all goals, objectives, policies, and plans as adopted by the Municipal Council.
(2) The PUD is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provisions for the preservation of streams and stream banks, wooded cover, rough terrain, and similar areas.
(3) The PUD is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(4) Off-street parking and loading is provided as required by the Germantown Zoning Code.
(5) There is a beneficial relationship between the proposed PUD and the neighborhood where it is to be established.
(6) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, assurances that the improvements will be placed at the completion of construction of the project shall be required. Adequate information shall be supplied on the capacity and demand of current and proposed roadway, sanitary sewer, stormwater facilities, and the water system.
(7) The proposal meets the purpose set forth for the PUD in Section 1135.01.
(8) The proposal meets all the requirements of a PUD per this chapter.
(9) Common open spaces and recreational areas should be linked together by walkways or planting areas.
(10) Where commercial uses are proposed within a residential PUD, buffering and landscaping should be used to create a natural separation between uses.
(11) Commercial uses shall be designed to resemble the character of the surrounding residential buildings.
(12) Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
(13) Street location and design shall conform to the existing topographic characteristics. Cutting and filing shall be minimized in the construction of streets.
(14) A secondary access point to a major collector or arterial roadway is strongly encouraged for a project area with more than fifty (50) dwelling units.
(15) One (1) access point to a major collector or arterial roadway is required for every 100 dwelling units within a project area.
(16) Adequate landscaping shall be provided throughout the site to create an attractive development, to reduce the amount of impervious surfaces, and to prevent large expanses of uninterrupted pavement areas.
(g) Spacing and Building Height.
(1) The location of all structures shall be as shown on the development plan. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
(2) Minimum lots areas, frontage, and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this chapter.
(3) The Planning Commission may not permit a reduction in any lot so as to create a lot area that will be smaller than 50% of the lot area as required by the underlying zoning.
(h) Open Space Requirements. Common open space shall be provided as follows:
(1) Common open space shall comprise at least twenty percent (20%) of the project area, excluding areas used for vehicle parking and circulation.
(2) Common open space shall not include any land that is part of a lot or is used in the calculation of lot area.
(3) No open space area may be accepted as common open space under the provision of this section unless it meets the following standards:
A. Common open space must be reserved for amenity or recreational purposes. The uses authorized for the common open space must be appropriate in size and character considering the size, density, expected population, including ages and number, topography, and the number and type of dwellings within a residential PUD.
B. Common open space must be improved for its intended use, but common open space containing natural features worthy of preservation may remain unimproved.
C. The development schedule that is part of the development plan must coordinate the phasing of improvements to the common open space, the construction of buildings, structures, landscaping, and other improvements in the common open space and the construction of residential dwellings in the PUD.
D. The use and improvement of the common open space must be planned in relation to any existing or proposed public or semi- public open space which adjoins or which is within one thousand and five hundred (1,500) feet of the perimeter of the PUD.
E. No more than twenty percent (20%) of the common open space may be paved or covered in impervious surfaces, including parking areas and walkway.
(4) All land shown on the development plan as common open space shall be conveyed to a public agency or non-profit organization under one of the following options:
A. It may be conveyed to a governmental agency if the agency agrees to maintain the common open space and any buildings, structures, landscaping, and other improvements that have been placed on such land.
B. It may be conveyed to a non-profit organization, such as a homeowners or tenants association, provided in a publicly recorded document establishing an association or similar organization for the maintenance of the PUD is submitted to the Municipality in a format approved by the Municipal Attorney and, pending approval, is recorded with the Montgomery County Recorder. The common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission that restrict the common open space to uses specified on the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(i) Screening. The residential PUD shall be effectively screened from adjoining existing uses so as to protect their privacy and amenity.
(j) Signs.
(1) Signs in a PUD shall conform with the requirements of Chapter 1139, Signage, except that in addition to the other permitted signs, there may be one sign at each major entryway into the project indicating the name of the development.
(2) All entryway signage shall be constructed of natural materials such as stone, wood, brick, or any artificial material that resembles natural materials.
(3) All entryway signage shall be attractively landscaped and externally lit.
(4) The maximum sign area for one entryway sign face is forty (40) square feet.
(5) The maximum height of an entryway sign is six (6) feet.
(Ord. 03-105. Passed 1-20-04.)