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)