[Added 3-16-2026 by Ord. No. 1217]
The purpose of this article is to implement the "Aging in Place" visions of the Envision 2025 Comprehensive Plan. This article establishes zoning standards and a discretionary legal framework to facilitate the development of age-restricted housing [Lot Type S (Silver)] that meets the needs of senior residents while remaining compatible with the City's historic scale.
A. 
Definitions.
SILVER HOUSING
A single-family detached dwelling unit located on a Lot Type S (Silver) that is designed and constructed to meet the needs of seniors, including at least one "accessible" or "universal design" entrance, and which is subject to the age-restriction requirements set forth under Subsection E.
SILVER HOUSING SUBDIVISION
A residential development consisting of two or more dwellings constructed on Lot Type S (Silver) that are operated as "housing for older persons" in accordance with the Fair Housing Act[1] and subject to the requirements of Chapter 173 of the City Code.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B. 
Permitted districts. Silver Housing [Lot Type S (Silver)] and all associated public utility structures are a principal permitted use in the R, RO, RB, R-1, and R-2 Districts.
C. 
Silver Housing Subdivision.
(1) 
All dwellings constructed on Lot Type S (Silver) as part of a Silver Housing Subdivision must be operated as "housing for older persons" as defined by the Fair Housing Act. Silver Housing plans will only be considered for subdivisions subject to review and approval under Chapter 173 of the City Code.
(2) 
A Silver Housing Subdivision shall be limited to a maximum of 65 dwelling units.
(3) 
A homeowners' association shall be established for any Silver Housing Subdivision that contains shared or common space or has over 10 dwelling units.
D. 
Off-street parking. Notwithstanding the provisions of Chapter 122, Silver Housing on Lot Type S (Silver) shall provide a minimum of 2.0 off-street parking spaces per dwelling unit. All other design and surfacing standards of Chapter 122 not related to the quantity of spaces shall remain applicable.
E. 
Age-restricted community. Declarations and covenants governing the Silver Housing Subdivision shall be reviewed and approved by the Director of Planning, and shall be recorded in the land records of Harford County for each such lot. The Silver Housing Subdivision will be a deed-restricted community with declarations and covenants consistent with the Fair Housing Act and consistent with the Harford County school impact fee exemptions. The declarations and covenants must state that the housing is intended for occupancy by persons 55 years of age or older, and must provide that at least 80% of the housing units in the Silver Housing Subdivision are occupied by persons in that age bracket. The homeowners' association established by the declarations and covenants shall provide bylaws or rules and procedures to ensure compliance with the 80% requirement, and shall submit an annual verification to the City demonstrating that the 80% threshold is being met in order to maintain the Fair Housing Act exemption. The age-restricted declarations and covenants must also contain a provision that any revocation of the age restrictions requires approval by resolution of the Havre de Grace City Council before such revocation takes effect, and before such revocation is recorded in the Harford County land records.
F. 
Development rights and responsibilities agreement. The developer of a Silver Housing Community may enter into a Development Rights and Responsibilities Agreement with the City pursuant to Article XIV of this Chapter 205. Such agreement must comply with the age restriction requirements set forth in Subsection E above.