(a) Single-family Dwelling, Attached. Townhouses are permitted in areas where they are or may be appropriate and compatible with existing dwelling units on or near adjacent lots. The following standards are used to promote the efficient, economical, comfortable, and convenient use of land and open space; and provide an alternative to a conventional single-family detached dwelling. A single-family attached dwelling shall comply with the following requirements:
(1) No more than six (6) single-family attached dwelling units are permitted in one building.
(2) An applicant must demonstrate by clear and convincing evidence that the multi-family residential R4 use will be compatible with the neighborhood, including but not limited to the traffic circulation, parking, and appearance of the development.
(3) Lot Requirements. An attached single-family dwelling shall comply with Schedule 1135.05 (Lot Standards).
(4) Setback from Public Rights-of-Way. Setbacks equal to the minimum requirements in Schedule 1135.07 shall be provided along the perimeter of an attached single-family housing development that fronts upon a street.
(5) Side and Rear Setbacks. A setback equal to the minimum rear and side setbacks required by Schedule 1135.07 shall be provided along the perimeter of the attached single-family housing development that is not adjacent to any public street.
(6) Building Spacing. The minimum building separation shall be a distance as required in Schedule 1135.07.
(7) Maximum Height. The maximum height of an attached single-family dwelling shall comply with Schedule 1135.07.
(8) The design, scale, and building materials shall be typical of a single-family residence.
(9) The height, size, building materials, window shape and arrangement, and roof pitch of the proposed units shall be architecturally compatible with the surrounding dwellings within an established residential neighborhood.
(10) The front setbacks for adjacent units shall not be the same distance and shall vary a minimum of 3 feet and a maximum of 8 feet.
(11) The front facade of each attached single-family dwelling unit shall be constructed with different building materials or have different architectural designs or treatments or both.
(12) Entrances from the public right-of-way to the attached single-family development shall be minimized and designed to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood. Parking spaces shall be located behind the front setback line, provided an exception to this requirement may be granted due to depth of the lot, the location of mature trees, or other similar factors.
(13) A subdivision plat shall be submitted with the development plan if the attached single-family dwelling units will be constructed on individual lots.
(14) Trash containers, recycling containers, and mechanical equipment shall comply with the screen requirements of Section 1159.13 (Screening of Accessory Uses).
(b) Single-family Detached Cluster. The following requirements apply to a single-family dwelling, detached cluster:
(1) The Applicant must demonstrate by clear and convincing evidence that the proposed single-family detached cluster development will be compatible with the surrounding neighborhood and will not generate significant additional traffic.
(2) Lot Requirements. A single-family detached cluster development shall comply with the lot regulations for multi-family dwellings in Section 1135.05 (Lot Regulations).
(3) Maximum Height. The maximum height of single-family dwellings in detached cluster development shall comply with Schedule 1135.07 (Site Development Standards)
(4) Setbacks from Public Rights-of-Way. The minimum for a public right-of-way setback in Schedule 1135.07 (Site Development Standards), shall apply to the perimeter of a cluster housing development which is not adjacent to a public street.
(5) Side and Rear Setbacks. The minimum rear and side setbacks in Schedule 1135.07 (Site Development Standards) shall apply to the perimeter of a cluster housing development which is not adjacent to a public street.
(6) Building Spacing. The minimum building separation requirement in Schedule 1135.07 (Site Development Standards) shall apply to single-family detached cluster dwellings.
(7) Common Open Space. A minimum of twenty (20) percent of the gross site area shall be dedicated in the plat as common open space. The open space shall comply with the following requirements:
A. Irreplaceable natural features shall be included in open space. Examples of irreplaceable natural features include, but are not limited to, streams, significant stands of trees, significant habitat, unique flora, wetlands, rock outcroppings and ravines.
B. To encourage large areas of open space, the following shall not be considered open space:
i. Public or private streets;
ii. Parking areas, access drives, common drives and driveways, except as permitted by the Planning Commission to provide access to the open space;
iii. Required setbacks from lot boundaries and streets for buildings and parking areas;
iv. Required spacing between buildings and between buildings and parking areas; and,
v. Private yards within a sublot.
(8) Ownership Arrangement. Single-family detached cluster dwellings shall be developed under the requirements for Planned Residential Development with the recording of a plat and fee simple ownership of lots or condominium dwelling units.
(9) Common Land. Land not designated for individual ownership shall be dedicated as common land. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners' association or other entity or organization approved by the City prior to final approval of the cluster development or PRD.
(10) Maintenance of Common Land and Open Space. If the homeowners' association or other organization which is created to own and maintain the common open space or and common land, or any successor thereto, fails to comply with any obligation or responsibility imposed as a condition of approval of the development, the City shall serve written notice upon the homeowners association, organization or the owner of each cluster housing dwelling, describe the violations and the failure to comply with its obligation. The notice shall demand that the violation be cured within 30 days of receipt of the notice. If the violations are not remedied within the specified time, the City, in order to preserve the taxable values of the dwelling and to prevent the common open space or, common land from becoming a public nuisance, may with the owners consent, or pursuant to an order from a court of competent jurisdiction, enter upon the common open space and common land and maintain the same until the owner shall again resume its obligations. All costs incurred by the City shall be charged against the owners, assessed against the properties and become a lien on the properties.
(11) Phasing of Common Open Space. The common open space shall be dedicated to private use when the plat for each phase of the development is recorded. The common open space dedicated in each phase shall be proportionate to the total common space for the development.
(12) Clustering. The dwelling units may be clustered rather than placed uniformly throughout the development site in order to provide common open space and to promote creative and innovative residential site planning. No minimum lot size is required for a cluster dwelling unit. The spacing requirements required in the Schedule to Section 1335.07 (Site Development Standards) shall apply thereto.
(Ord. 2635. Passed 1-13-11.)