(a) Townhouses as defined herein are permitted uses in the H-1 District upon approval of the Division of Planning & Community Development for compliance with this Section and the AHPC for compliance with all other H-1 District standards.
(b) For purposes of this Section:
(1) "Townhouse" is defined as:
A. Any structure that is or that appears to be a single building containing not less than two (2) or more than three (3) residential dwelling units; or
B. Two (2) or three (3) separate but contiguous residential units separated by a common wall or walls as defined herein; when the units are separately deeded to the owners thereof as real property.
(2) "Common areas" are defined as those portions of a townhouse unit that are not described or included within the description of any individual unit, but which are utilized by all unit owners and their invitees, or which are necessary for the integrity of the building's structure.
(3) "Limited common areas" are defined as those portions of a townhouse unit that are not described or included within the description of any individual unit, but which are utilized primarily by the owners of an individual unit and their invitees.
(4) "Common walls" are either walls which form a division between separate units or which are exterior walls that are not separated from each other by a space sufficient for access for maintenance, repair, or reconstruction purposes.
(c) In order to be approved, a proposed townhouse development or project must meet the following minimum qualifications:
(1) Each unit must contain not less than two (2) bedrooms and one (1) full bathroom;
(2) Each unit must have its own kitchen;
(3) Each unit must have its own HVAC unit(s) and water heaters, and its own public utility connections.
(4) Each unit must be at least 1200 square feet in interior size exclusive of porches, stoops, patios, garages and unheated storage areas.
(5) Each unit must have at least two (2) separate entrances.
(6) Each unit must have at least two (2) dedicated parking spaces, which may include garages.
(d) Townhouse developments in the H-1 District 4 shall not exceed 16 units per acre. Townhouse lot sizes shall not be less than 2400 square feet, and frontage per unit shall not be less than 24 feet. Height of structures shall not exceed 36 feet. Separate structures containing townhouse units shall be separated by at least 10 feet between their nearest points.
(e) Townhouse developments must be subject to recorded covenants and restrictions which incorporate the requirements of this Section and which provide for apportionment of expenses related to maintenance, repair and replacement of common areas, limited common areas, common walls, shared drives or sidewalks, and roofs and exterior siding if such components are of continuous construction. Said covenants and restrictions shall provide that the City of Ashtabula has standing to enforce them in the event of a violation which is (a) a violation of the City's fire, housing or building codes, and (b) is not corrected within 60 days of written notice from the City to the owner(s) of the affected unit(s). The City Solicitor shall review and approve such covenants and restrictions solely for compliance with the requirements of this paragraph prior to recording.
(f) For purposes of this Section, a person or legal entity in title to a unit that is subject to a land installment contract, lease with purchase option, "rent to own" scheme, or is a mortgagee other than a governmental entity, bank, thrift, savings bank, mortgage company or credit union, is deemed to be responsible for any violations of this Section or any fire, safety, building, or zoning code violations.
(g) The purpose of this Section is to provide for attractive and responsible development of housing within the H-1 Historical District that is compatible with preservation of its character. The City Council finds and determines that the City has a substantial and compelling interest in discouraging passive investor ownership by reason of numerous fire, safety and housing violations associated with ownership by absentee landlords who neglect properties. The further intent is to encourage persons owning real property or dwelling there have an incentive to become knowledgeable with and concerned about the problems and needs of the area. In enacting this requirement, the City Council finds that the restrictions are reasonably related to this purpose, while leaving unimpaired a person's right to purchase other properties or obtain other housing that may be more suited to their investment goals or residential preferences.
(Ord. 2019-90. Passed 8-5-19.)