For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Access street.
An existing public thoroughfare from which a townhouse project has access.
Alley.
A minor public thoroughfare.
Common open space.
Private property, under common ownership and limited to the use of the owners or occupants of the project, which is designated for recreation area, private park, play lot, plaza, and ornamental areas open to general view and having convenient pedestrian access within the townhouse project.
Interior street.
A public street within and designed primarily to serve on a townhouse project and not other properties outside the project.
Off-street parking space.
A hard-surfaced area not less than 180 square feet, enclosed or unenclosed, with a hard-surfaced driveway connecting the parking space with a public street or alley, and permitting ingress and egress of an automobile. An off-street parking space, as required by this article, shall not occupy any public land.
Screen wall.
A barrier of stone, brick, concrete block, block, pierced brick, wood, or other permanent material (excluding chain-link fences) of equal character at least six feet in height and having a solid area of at least 75% of the wall surface.
Townhouse.
A structure on an individual lot, which is one of a series of dwelling units designed for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to and abutting each other without side yards between individual dwelling units.
Townhouse project.
A development consisting of not less than one acre of land having not less than 100 feet of continuous frontage on an access street or an interior street and not less than four townhouses.
(1972 Code, sec. 23-1/2-1; Ordinance 248 adopted 3/21/1972; Ordinance 307 adopted 1/6/1981; 1995 Code, sec. 153.10)
Any person or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof, or shall alter or build any building in violation of any detail, statement, or plans submitted and approved hereunder, shall be guilty of a misdemeanor and shall be subject to a fine of not more than $500.00, and each day or portion thereof that such violation shall continue following 21 days after notice thereof shall constitute a separate offense. The owners or owner of any building or premises, or part thereof, in violation of this article, and any architect, building contractor, agent, person or corporation employed in connection therewith and who may have participated in commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.
(1972 Code, sec. 23-1/2-5; Ordinance 248 adopted 3/21/1972; 1995 Code, sec. 153.99)
(a) 
Hereafter, any person wishing to develop a townhouse project within the corporate limits of the city shall first submit preliminary and final plats in accordance with the subdivision ordinance, dedication instruments and deed restrictions of the project to and for the approval of the city planning and zoning commission and city council, following the procedures for same as described in the subdivision ordinance; provided, however, no such project shall be approved unless it is in an “A and Special Use District” as such zoning districts are defined in the zoning ordinance and designated on the official zoning map of the city. Upon recordation of the approved final plat with the county clerk, the project shall constitute a special use in the zoning district in which it is permitted.
(b) 
In approving a townhouse project, the planning commission shall assure itself that the project meets the following conditions:
(1) 
The property adjacent to area included in the project shall not be adversely affected.
(2) 
The lots or area within the project shall be used only for single-family dwellings and uses commonly accessory thereto such as garages, carports, or storage areas.
(3) 
The project is consistent with the intent and purpose of the zoning ordinance to promote health, safety, morals and general welfare.
(1972 Code, sec. 23-1/2-2; Ordinance 248 adopted 3/21/1972; Ordinance 307 adopted 1/6/1981; 1995 Code, sec. 153.11)
The standards and specifications of townhouses and townhouse projects shall be as follows, subject to the following exceptions:
(1) 
Access.
(A) 
All townhouse projects shall have direct access from one dedicated, improved and accessible access street having a right-of-way width of not less than 60 feet, in accordance with city standards.
(B) 
All townhouses shall immediately abut and have direct access to an access street or an interior street, or an alley.
(C) 
Interior streets shall have a minimum right-of-way width of 50 feet and shall be developed with a minimum 30-foot-wide paving section constructed with concrete curbs and gutters in accordance with city standards.
(D) 
All alleys dedicated to the public shall have a right-of-way width of at least 25 feet and shall have a minimum paving section of 20 feet in width in accordance with city standards.
(E) 
The owner or developer of any townhouse project may elect not to dedicate the interior streets and alleys to the public, but if not dedicated all streets and alleys must have a minimum driving surface of 18 feet and must be developed with concrete or asphalt surface and adequate provision must be made for continued maintenance of said streets and alleys by the owner, developer or residential owner.
(2) 
Density.
No townhouse project shall have a greater density than 15 lots per gross acre.
(3) 
Area.
(A) 
Each lot shall have an area of not less than 2,000 square feet.
(B) 
Each lot shall have a minimum width of not less than 20 feet, except that lots siding on an access street or upon a plat boundary of the project shall not be less than 30 feet wide.
(4) 
Building setback lines.
(A) 
A minimum front building setback line of 20 feet shall be required for all townhouse lots fronting on an access street.
(B) 
Staggered front setbacks are permitted.
(C) 
A rear building setback line of 15 feet shall be required for all lots.
(D) 
A rear building setback line of 25 feet shall be required for all townhouse lots abutting a recorded plat used or intended to be used for single-family detached dwelling units.
(E) 
A side building setback line of ten feet shall be required for all townhouse lots siding on an access street or siding upon a plat boundary of the project.
(F) 
All townhouse lots without rear access will have a minimum rear setback of ten feet, or the width of any required easement, whichever is greater.
(G) 
Building setback lines and/or layout configuration. The city planning and zoning commission may recommend approval of dwelling unit layouts which are innovative or necessitated by the landscape requirements but do not conform to all of the above building setback standards and specifications. The planning and zoning commission will consult the legal, engineering, public works and building inspection departments before a recommendation is approved.
(5) 
Common open space.
(A) 
A minimum of 200 square feet of common open space per lot shall be provided within the project.
(B) 
Where townhouse lots and dwelling units are designed to face or front each other across common open space rather than fronting a public street, said common open space shall be at least 40 feet wide. However, in no case shall common open space be less than 25 feet wide where any dwelling unit sides on same.
(C) 
In computing the required common open space, required front or side setbacks, streets, alleys or other public rights-of-way of any kind, vehicular drives or parking areas, drainage easements, and utility easements containing or permitting overhead pole-carried service shall not be included.
(6) 
Screening walls.
Where townhouse lots are backing on a public street or backing or siding on lots in a recorded plat used or intended to be used for single-family detached dwelling units, or backing or siding on undeveloped property in an R-1, R-2 or R-3 district, a two-foot-wide private easement shall be provided abutting the street or common lot lines and a screening wall as defined herein shall be constructed in conformance with city standards and permanently maintained by the homeowners’ association upon the easement to provide a visual screen. The construction of screening walls shall conform to specifications and standards as established by the department of public works.
(7) 
Parking.
In general, there shall be three parking spaces per townhouse lot.
(A) 
At least two off-street parking spaces for each townhouse lot shall be provided within the project.
(B) 
One additional off-street parking space per lot shall be provided either within the project or on an interior or abutting public street with not less than a 30-foot-wide paving section.
(8) 
Easements.
(A) 
The department of public works shall determine the width of the public easements for utilities and other purposes on an individual basis for each project.
(B) 
Aerial easements, if any, may not be located along the frontage of lots.
(9) 
Building height.
No building or structure within a townhouse project shall have a height greater than two and one-half stories or 35 feet.
(1972 Code, sec. 23-1/2-3; Ordinance 248 adopted 3/21/1972; Ordinance 277 adopted 11/4/1975; Ordinance 293 adopted 2/20/1979; Ordinance 307 adopted 1/6/1981; 1995 Code, sec. 153.12)