§ 47-18.33. Single family dwelling, attached: Townhouses.

A.

For the purposes of this section, a townhouse development shall include three (3) or more attached single family dwelling units where each individual single family unit and land thereunder is owned in fee simple. A townhouse development shall include one (1) or more townhouse buildings.

B.

Site design criteria. A single family dwelling: townhouses (Herein referred to as townhouse development) shall meet the following site design criteria:

1.

Minimum lot size. The parcel upon which the group is located shall contain a minimum area of seven thousand five hundred (7,500) square feet and shall provide an average of two thousand (2,000) square feet per dwelling unit, including driveways and areas held in common ownership.

2.

Density. The density is determined by the regulations governing the zoning district where the townhouse development is located.

3.

Group limit. A townhouse group shall be limited to a maximum of eight (8) dwelling units. A minimum of twenty-five (25) percent of the townhouse group's front facade shall be set back an additional five (5) feet from the rest of the front facade. Attached units may have a common wall or individual sidewalls separated by a distance of not more than one (1) inch or as determined reasonable by the building inspector. If individual walls are used, the buildings shall have adequate flashing at the roofline.

4.

Access to townhouse developments shall meet the following requirements :

a.

Each townhouse dwelling unit shall have vehicular access to a public right-of-way, paved driveway or parking area serving the group. Private driveways shall be provided in accordance with Section 47-20.5.D. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveway for all public utilities and for use by owners within the group.

b.

Townhouse developments that abut a platted alley are encouraged to provide access from the platted alley.

5.

Yard requirements.

a.

Front yard. The minimum front yard shall be the same as that required for the zoning district where the townhouse development is located. A five (5) foot easement along the front property line of the townhouse development shall be required if the fee simple lot of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the development for use by the owners of the units.

b.

Corner yards. A townhouse building abutting two (2) or more public rights-of-way shall provide a minimum corner yard of twenty (20) feet. A five (5) foot easement along the corner property line of the group shall be required if the fee simple lot of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the corner property line of the townhouse development for use by the owners of the units.

c.

Side yard. The side yard shall be a minimum of ten (10) feet from the side property line of the townhouse development. A five (5) foot easement which extends from front to rear lot lines along a side lot line of the townhouse development not abutting a public street shall be required for use by owners within the development. Provisions satisfactory to the city attorney shall be made for a recordable easement along the side property line of the townhouse development for use by the owners of the units.

d.

Rear yard. The rear yard shall be a minimum of twenty (20) feet from the rear property line. A five (5) foot easement along the rear property line of the townhouse group shall be required if the fee simple lots of each unit does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the rear property line of the development for use by the owners of the units within the development.

e.

Additional requirements. When any portion of a townhouse abutting the side yard for the development site exceeds twenty-two (22) feet in height, that portion of the structure shall be set back a minimum of an additional one (1) foot for each foot of height above twenty-two (22) feet.

f.

Reduced setback. Townhouse developments that provide for parking or garage access at the rear of units may reduce the front and corner yard requirement to fifteen (15) feet subject to the following:

i.

No individual garages may face the public right-of-way except those townhouse developments located on a corner lot may have one (1) garage with an opening facing toward the right-of-way abutting each corner side yard. The garage facing the right-of-way shall be subject to the following requirements:

a.

Garages shall be set back an additional two (2) feet from the principal facade of the building or eighteen (18) feet from the property line, whichever is greater; and

ii.

Townhouse units may be accessed from one (1) two-way driveway or two (2) one-way driveways; and

iii.

Parking shall not be permitted between the townhouse buildings and any public right-of-way; and

iv.

The area between the townhouse building and the public right-of-way shall be landscaped in accordance with the requirements of Section 47-21.

6.

Architectural elements. When abutting a waterway, the facade of the townhouse development facing the waterway shall provide additional architectural elements such as, but not limited to unenclosed balconies, variation of rooflines between each unit, and variation of at least one (1) foot on twenty-five percent (25%) of the area.

7.

Entrance requirements. Each dwelling unit facing a public right-of-way other than an alley must have, its own principal entrance, visible from and facing the right-of-way, and shall include the following:

a.

A roofed landing; and

b.

An architectural design and material similar to and integral with the principal structure; and

c.

A minimum of four (4) linear feet shall be provided between principal entrances; and

d.

The roofed landing may encroach into the front yard an additional three (3) feet; and

e.

For individual dwelling units facing more than one (1) right-of-way, only one (1) entrance shall be required.

8.

Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.

9.

Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.

10.

Fence and wall requirements. Fences and walls shall be provided subject to the following:

a.

Seventy-five percent (75%) of all fencing or walls along the front yard of a townhouse development abutting a public right-of-way must be of non-opaque materials such as vertical bars or picket fence, and shall be subject to all other requirements of Section 47-19.5, Fences, Walls and Hedges.

b.

When parking is placed in the rear of the development site, a fence or wall shall be installed between the development site and any neighboring residential property abutting the development site subject to the requirements of Section 47-19.5.

11.

Garages. Garages facing public rights-of-way, other than an alley, shall be subject to the following requirements:

a.

Garages shall be limited to a width equivalent to a maximum of fifty percent (50%) of the width of the townhouse unit. The width shall be measured as the linear dimension of the garage that is visible from the street, such as the garage door; and

b.

Garages shall be set back an additional two (2) feet from the principal facade of the building.

c.

As a result of the garage being set back an additional two (2) feet, an area equivalent to the square footage of the recessed garage may be reallocated to the front facade of the building as additional square footage to the living area and may extend into the front yard up to three (3) feet into the setback.

12.

Driveways. Driveways facing the public right-of-way shall be subject to the following criteria:

a.

These driveways shall have a minimum separation of eight (8) feet from the adjacent driveway within the same development for the entire length of the driveway.

b.

The separation of driveways can be reduced to a minimum of four (4) feet in width with the installation of structural soil or other mitigating alternative to allow space for root development of required trees, as reviewed and approved by the city's landscaping representative.

c.

The area between the driveways must be a landscaped pervious area with a minimum of one (1) canopy tree and continuous shrub planting.

13.

Sidewalk requirements. A townhouse development shall provide the following:

a.

A minimum five (5) foot wide sidewalk along each public right-of-way abutting the property along the full length of the property line.

b.

A minimum three (3) foot wide sidewalk shall connect the front entrances with the sidewalk along the right-of-way unless an alternative pedestrian access to the public sidewalk is approved by the department.

14.

Street tree requirements. Street trees shall be planted and maintained along the public right-of-way abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on building and site design, separation distance, utility infrastructure and the proposed plan's compatibility to surrounding properties.

15.

Maintenance agreement. A townhouse development shall have a recorded maintenance agreement for the common areas and any guest parking.

16.

Solid waste, yard waste, and recycling requirements. Each townhouse dwelling unit shall have incorporated into the design a designated area to locate containers that meet the requirements of Chapter 24 of the city's Code of Ordinances. The size of the containers and alternatives to these requirements may be permitted subject to approval of the public works department, sanitation division.

(Ord. No. C-97-19, § 1(47-18.32), 6-18-97; Ord. No. C-99-18, § 4, 3-16-99; Ord. No. C-17-02 , § 2, 3-7-17; Ord. No. C-17-47 , § 24, 1-3-18)