1323.04  OTHER REQUIREMENTS.
   (a)   Yards.
      (1)   Yard, front: Each townhouse shall have a front yard of 25 feet. The Planning Commission/Building Department may allow enclosing or grant yard space when the townhouse development is designed for this feature. Townhouses may be arranged to face onto a common open space.
      (2)   Yard, side:  A side yard at least ten (10) feet in width shall be provided at each end of every row of townhouses. When the lot adjoining the corner lot along the rear lot line fronts on the side street of the corner lot, the width of the corner lot shall be increased to provide a side yard equal to the adjoining front yards.
      (3)   Yard, rear:  Each townhouse shall have a rear yard at least 25 feet in depth. An accessory building shall be located only in a rear yard and shall occupy not over 25 percent of the rear yard area and shall be located not less than five feet from any alley or rear service street line.
      (4)   Access to rear yards:  Access shall be provided to rear yards through a rear service street not less than 15 feet in width, or by providing a rear open space common area, arranged to permit access for emergency vehicles.
   (b)   Access Drives and Off Street Parking:  Interior access drives not dedicated for public use shall be improved to a standard approved by the Planning Commission/Building Department. Off-Street parking space shall be provided at the rate of two side by side off street parking spaces per townhouse. In a subdivision of townhouse lots, it  will be necessary that off-street parking be provided on a specific lot so long as the required number of parking spaces are provided in the subdivision for the number of lots to be served. No parking area shall be more than 200 feet from the townhouse lot it is to serve.
   (c)   Separation: There shall be a minimum space of 20 feet maintained between each building group.
   (d)   Height:  The maximum height of all townhouses shall be three stories or 40 feet.
   (e)   Access: Lots need not front on a public street, provided vehicular and/or pedestrian access is provided to a public street right of way through a perpetual unobstructed paved easement of at least 24 feet in width for vehicular access and ten (10) feet in width for pedestrian access.
   (f)   Utilities: Electrical service lines and other utilities shall be placed underground exclusively. Such utility conduits shall be clearly marked and accessedo as to allow for reasonable maintenance, upkeep and repair.
   (g)   Open Space:  Common open space and/or common recreation areas consisting of a minimum of ten percent (10%) of the gross acreage shall be provided. Marsh land or swampy land shall not be acceptable as part of the open space requirements. Not more than twenty-five percent (25%) of the required open space may be water area.
   (h)   Maintenance and Ownership. 
      (1)   It shall be the responsibility of the developer and/or owner to provide for the permanent and perpetual maintenance of all common open space and/or recreation areas, and any other space or areas not a part of individual lots, or public property. Such provisions may be provided through the retention of common properties in common ownership of the individual owners through appropriate legal documents with appropriate provisions to assure continuous maintenance and the use of the common properties for the purpose intended. The legal document or documents shall place unencumbered title to the common property in a bona fide corporation representing the residents of the  subdivision and shall set forth the responsibility for the management and maintenance of all common property and set forth the restrictive covenants and place responsibility for the enforcement thereof, and shall provide for the subject of each lot an assessment of its appropriate share of the maintenance cost of the common property. Such legal documents shall be filed with the application for approval and shall be recorded prior to the recordation of the subdivision plat.
      (2)   Townhouse Developments, in addition to complying with all applicable sections of this article, shall comply with one (1) of the following methods of land transfer and ownership:
         A.   The subdivision of the whole tract into individual parcels in accordance with this article, together with the platting of the property for the record in accordance with the State Law and applicable Ordinances of the City; or
         B.   Providing for the development of the entire tract in accordance with this article, retaining, however, title to all of the lands in the name of condominium documents and procedures; or
         C.   Providing for the development of the entire tract in accordance with this article, retaining, however, title to all of the lands in single ownership by recording a duly executed Title, thereby stipulating that said tract shall not be eligible for further subdivision.
      (3)   If the townhouse development provides for common area, property, and/or facilities, they shall be conveyed to an incorporated, nonprofit Home Association created under recorded land agreements through which each lot owner in a described land area is automatically a member and through which each lot is automatically subject to a charge for a proportionate share of  common property maintenance. The recorded covenants shall bind each lot to insure payment of all assessments, including taxes, which may be necessary to maintain the common areas, property, and/or facilities and shall also provide for personal money judgment assessment charges, including taxes, which may be necessary to maintain such common property and/or facilities.
   (i)   Additions: In no case shall additions be added to a townhouse and/or row house to increase the size of the existing building.
   (j)   Site Approval: A site plan of the proposed development shall be prepared by a surveyor or engineer duly authorized to prepare final subdivision plats by the State of West Virginia. Such site plan shall be drawn to scale of not less than one hundred (100) feet to the inch and shall show all existing conditions, proposed site development and for drainage, buildings, improvements, recreation areas, open space, street lighting, garbage collection stations, and other facilities to be constructed within the development. Such site plan shall be submitted to the Planning Commission/Building Department for approval, disapproval, or suggested alterations.
   (k)   The conversion of existing single family dwellings into multifamily dwellings is prohibited.  (Ord.  2015-7.  Passed 11-3-15.)
   (c)    The penalty for the third violation of this article shall be $500.00 and administrative  revocation of the pawnbroker's license. If a pawnbroker's license is revoked under this provision, the person holding the license may not hold such a pawnbrokers license for one year from the date of revocation. No pawnbroker's license shall be issued for any person to operate a pawn shop at the same location for one year from the time of the revocation.
   (d)    The City may seek injunctive relief to enforce this article.
(Ord.  2015-2.  Passed 6-4-15.)
ARTICLE 1325
Treatment and/or Rehabilitation Houses or Service Centers
1325.01   Statement of intent.
1325.02   Boundary restrictions.
1325.03   No permits or certificates.