Chapter 17.40 TOWNHOUSE DEVELOPMENT STANDARDS

A. It is the purpose and intent of this chapter to accommodate various types of unique and innovative housing forms which are usually based upon a concept of reducing the area of individually owned lots, and grouping such lots together to more efficiently utilize the total space within the subdivision by creating common open spaces, scenic and recreational areas, and other spaces which would compensate for the reduction of land area contained within the individually owned lot. The following standards have been developed and apply to a variety of such attached and semi-detached single-family housing forms including but not limited to townhouses or any other similar designation. All other provisions contained in the town zoning code are applicable to these types of housing forms unless specifically noted in this chapter.

B. Specifically, this chapter is designed to allow the grouping of separately owned one-family dwelling units into a group of townhouses in such a manner as to make efficient, economical and aesthetically pleasing use of land so restricted that the same will be continually well maintained in order to preserve the health, welfare, safety and convenience of the surrounding neighborhood and insure a reasonable amount of open space and architectural variety. (Ord. 93 §1(20.1), 1982)

17.40.020 Definitions.

These definitions shall be in addition to the definitions set forth in Chapter 17.04, and shall apply solely to townhouse developments:

A. Density. The overall density in a townhouse project shall not exceed the maximum density permitted within the zoning district in which the development is located, unless otherwise provided for under the density bonus provisions of Chapter 17.34.

B. Development Districts. Townhouse development shall be allowed in the R-3 and R-4 zoning districts.

C. Dwelling unit access. No two townhouse dwelling units shall be served by the same interior or exterior stairway or by the same exterior door.

D. Height. The maximum height for any townhouse shall not exceed that allowed in the district in which the development is located.

E. Lot Area for Each Townhouse Unit. No townhouse lot shall contain an area of less than one thousand six hundred square feet and a minimum lot and building width of not less than twenty feet. The difference in lot area normally required in the specific zoning district per dwelling unit, exclusive of efficiency units, and the net land area per townhouse unit shall be incorporated into usable and accessible common open space and/or private or common vehicular or parking area.

F. Size of Development Site. The minimum size of the site to be developed for townhouse units shall be five thousand square feet.

G. Townhouses. As used in this chapter "townhouse" is a one-family dwelling unit which is part of a group of two or more such units separated by a common party wall, having no doors, windows, or other provisions for human passage or visibility. Each one-dwelling unit shall be attached by not more than two party walls. Where units are offset from ore another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset. A townhouse is a planned unit development as set forth in Chapter 17.34.

H. Townhouse Group. "Townhouse group" means a cluster or grouping of townhouse units containing not less than two nor more than six individual townhouse dwelling units contiguous to one another.

I. Townhouse project site. As used in this chapter, a "townhouse project site" is the entire parcel of land for which individual townhouse units are proposed prior to the creation of any townhouse lots.

J. Unit Size. Every townhouse dwelling unit shall have a minimum gross floor area equal to that required in the specific zoning district in which the townhouse unit is proposed (excludes efficiency units). (Ord. 93 §1(20.2), 1982)

17.40.030 Application requirements.

The application requirements shall be those set forth in Chapter 17.34, application and submittal requirements for planned unit development. All plans shall be drawn by a registered architect as indicated by his registration stamp. (Ord. 93 §1(20.3), 1982)

17.40.040 Final landscape and site improvement plan.

A detailed final landscape plan and final site improvement play. shall be submitted and approved by both the planning official and building official prior to the issuance of a building permit. Final approval shall include but not be limited to the following:

A. Conformance to the approved site plan;

B. Inclusion of appropriate plant materials;

C. All other requirements as set forth in Chapter 17.34. (Ord. 93 §1(20.4), 1982)

17.40.050 Approval-- Creation of district.

The approval of a townhouse project shall add a townhouse overlay district onto the existing zone. The district shall be restricted solely to townhouse development, unless part of a larger planned unit development in which the planned unit development approval shall apply. The townhouse overlay district shall exist coterminous with the townhouse approval. (Ord. 93 §1(20.5), 1982)

17.40.060 Conversion of existing structures.

A. Conversion of existing structures to a townhouse project will be permitted provided all townhouse development standards as outlined in this chapter can be satisfied. Where it cannot be demonstrated by the applicant that the proposed conversion will comply with appropriate subdivision and zoning regulations, the conversion will be disallowed.

B. A townhouse development shall be in a single ownership at the time of development. Further, a legal subdivision plat shall be placed on the public records of the county prior to the issuance of any building permit within such townhouse development. (Ord. 93 §1(20.6), 1982)

17.40.070 Architectural treatment.

In any townhouse division, architectural treatment shall be as follows: The facades of townhouses in a group shall be varied by changed front yard setbacks and variation in materials or design so that not more than two abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines. (Ord. 93 §1(20.7), 1982)

17.40.080 Maintenance of common area.

A. Provisions satisfactory to the town council shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayers of the town. To this end, the incorporation of an automatic membership home association created under recorded land agreements will be required for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessments against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities may include but not be limited to recreational areas, off-street parking bays, private streets, sidewalks, street lights, and common open and landscaped area. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided the mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten years. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporated by such provisions shall be approved by the town council and shall be recorded in the public records of the county if satisfactory to the town council.

B. In the event that this or a similar entity fails to maintain the common area in accordance with the landscaping plan approved by the town council, or should the entity fail to maintain the common area in a reasonable condition and state of repair, the determination of such failure to be made by the building official, the town council, may at its option through its own agents or by independent contractor, enter the common area for purposes of maintenance thereof, together with an additional charge of twenty-five percent of the costs for management fees, such costs to constitute a lien upon each and every lot in the project. (Ord. 93 §1(20.8), 1982)

17.40.090 Common open space.

A minimum of thirty percent of the site to be developed for townhouses shall be provided as common open space where lot sizes will be reduced below the single-family lot area requirement in the district for which the townhouse project is proposed. Fifty percent of the space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery. The remaining fifty percent may be used only as swimming pools, tennis courts, shuffleboards, pedestrian walks, entrance features, recreation buildings, maintenance buildings for the common areas, and other recreational uses. (Ord. 93 §1(20.9), 1982)

17.40.100 Compensating common open space.

A. In those instances where the proposed lot has a gross area of less than the per unit lot area requirement of the specific zoning district, compensating common open space must be established and provided within the project site.

B. Compensating open space also allows the individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an opportunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topographic features which may be present on the tract being subdivided.

C. Compensating open spaces are to be considered to be only those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports or garages or driveways thereto or streets either public or private. (Ord. 93 §1(20.10), 1982)

17.40.110 Courtyards.

Courtyards which are designed to provide primary access from groups or clusters of lots or building sites adjacent to public streets must have an aver age width between the fronts of such lots or buildings of fifteen feet with a minimum of such distance being not less than ten feet. The length of such courtyards should not be more than one hundred feet, extending away from the public street which such courtyard must open on to. (Ord. 93 §1 (20.11), 1982)

17.40.120 Setback requirements.

A. Setback Variation. No more than two abutting townhouses or townhouse clusters within the townhouse project site shall have a common front building setback. Variations in the setback of front building faces shall be at least four feet.

B. Right-of-way Setback. No townhouse dwelling unit shall be located closer than twenty-five feet from any public right-of-way nor within fifteen feet from a private drive, access road, or common open parking area to the front or rear of such a dwelling unit. (Ord. 93 §1(20.12), 1982)

17.40.130 Yard requirements.

A. Front Yards. Each individual townhouse lot shall have a front yard of fifteen feet. The town council may allow enclosure for front yard space if the design provides for this feature. Townhouses may be arranged to face onto a common open area, such a common area shall be provided for unobstructed access of emergency vehicles. With such an arrangement, the front yard requirement as part of the individual townhouse lot may be reduced to ten feet.

B. Rear Yards. The minimum rear yard requirement shall be fifteen feet to the rear property line.

C. Private Yard Area. Every lot containing a townhouse must provide a private yard of at least three hundred twenty square feet, oriented to either the building front, rear or side, enclosed visually by fences or walls at least five feet in height or plantings to screen first level views from adjacent units.

D. Side Yards. The minimum side yard requirement shall be eight feet from any property line of the townhouse project site. (Ord. 93 §1(20.13), 1982)

17.40.140 Minimum distances.

No portion of a townhouse, accessory structure, or other building type in or related to one group or cluster of contiguous townhouses shall be nearer than fifteen feet to any portion of a townhouse or accessory structure of another townhouse building or cluster. (Ord. 93 §1(20.14), 1982)

17.40.150 Street frontage.

Each townhouse project site must have a frontage on a public street. Individual lots need not front a public or private street but may face upon common open areas. (Ord. 93 §1(20.15), 1982)

17.40.160 Street system.

A well-defined system shall be designed to allow free movement throughout the development while discouraging excessive speeds, and shall structure the development in clearly defined clusters and/or groups of townhouses. Where dwelling units are located on residential service streets or courts, the street system must be designed to discourage all traffic except that of owner/occupants, their guests, and their services. (Ord. 93 §1(20.16), 1982)

17.40.170 Street improvements and right-of-way.

The right-of-way width of public streets and private streets serving a group of townhouses and the improvements therein shall conform to all applicable town standards and requirements for such streets. (Ord. 93 §1(20.17), 1982)

17.40.180 Ingress and egress.

No townhouse shall be constructed so as to provide direct vehicular ingress or egress to any controlled access highway, major thoroughfare, arterial, or collector street as established in the adopted master plan. (Ord. 93 §1(20.18), 1982)

17.40.190 Parking.

A minimum of two off-street parking spaces shall be provided for the residents of each townhouse. Such parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking bay or facility; provided, that no parking space shall be more than one hundred feet, by the most direct pedestrian route, from the door of the townhouse it is intended to serve. Where one parking space is provided in the front yard area, the front setback of the building shall be a minimum distance of twenty-five feet from public rights-of-way or a minimum distance of twenty feet from private streets or access drives, with driveway width not to exceed twelve feet. Where two parking spaces are provided in the front yard area, the frontage lot width shall be increased to thirty feet, and the front setback of the building shall be a minimum distance of twenty-five feet from public rights-of-way or a minimum distance of twenty feet from private streets or access drives. Driveway widths shall not exceed twenty feet. In all cases where parking in front yard area is allowed, the balance of the front yard area shall be landscaped with live vegetative ground cover. (Ord. 93 §1(20.19), 1982)

17.40.200 Curb cuts.

A. A minimum distance of fifty feet shall be maintained between all curb cuts. Not more than one curb cut shall be permitted per two townhouses. A minimum corner clearance shall be fifteen feet from property line at uncontrolled intersections and thirty feet from property line at controlled (either signed or signalized) intersections.

B. For those recreation buildings held in common, there shall be a minimum of one parking space per one hundred square feet of floor area, excluding locker rooms and bath houses.

C. In no case shall any curb cut be permitted which, in the opinion of the building official, may cause an unsafe or hazardous driving condition. (Ord. 93 §1(20.20), 1982)

17.40.210 Landscaping.

Landscaping requirements as set forth in Chapter 17.34 shall be modified for townhouse developments so that no less than seventy-five percent of all yards on either public or private streets shall be landscaped. (Ord. 93 §1(20.21), 1982)

17.40.220 Utilities and services.

All townhouses must be connected to public water and sewer lines, and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection, and for other necessary services, shall be provided. (Ord. 93 §1(20.22), 1982)

17.40.230 Accessory buildings.

No accessory building shall be erected in any side or front yard. An accessory building may be located in a rear yard and shall occupy not over twenty-five percent of the rear yard area and shall be set back at least ten feet from any alley or rear service line. (Ord. 93 §1(20.23), 1982)

17.40.240 Building design-- Fire hydrant location.

All buildings proposed to be constructed within any project containing private streets must be so arranged and located that firefighting apparatus can park and reach any building with a one hundred fifty-foot long hose extending from such equipment. This one hundred fifty-foot hose length must be measured as the house is laid on the ground and may not be measured as the aerial radius from the parking equipment.

In addition, fire hydrants must be so located and provided within the project boundaries so that four hundred feet of fire hose, extending on the ground from the hydrant, can reach the furthermost part of any building within the boundaries of the plat. Entrances to all buildings containing residential dwellings must be illustrated on the plat of any project containing private streets. (Ord. 93 §1(20.24), 1982)

17.40.250 Building design-- Fire walkways.

All buildings proposed to be constructed within any project containing private streets, and which contain residential dwelling units and have an overall length of three hundred feet or more, must be so designed to have one or more open unobstructed walkways through the building at ground level, having a width of not less than five feet each to allow ready access by firemen and policemen and their equipment and other emergency services to each side of such buildings. In those instances where buildings are to be constructed over and across any private street, the unobstructed overhead clearance must not be less than fourteen feet, measured between the highest point of the private street paving under the structure and the lowest part of the building structure or associated parts thereof and suitable restrictions to this condition must be noted on the plat. (Ord. 93 §1(20.25), 1982)

17.40.260 Fire safety requirements.

Townhouse developments shall provide fire hydrants on or adjacent to the area to be developed as required by the fire department. (Ord. 93 §1(20.26), 1982)