§ 82-431 CONDOMINIUM SUBDIVISION.
   (A)   The intent of this section is to permit the development of single-family detached dwellings by site planning the layout of individual dwellings, streets and open space. To accomplish development under this option, the following conditions shall apply. In the one-family residential districts, the site planning of individual single-family dwellings may be permitted after review of a site plan by the Planning Commission in accordance with the public hearing requirements set forth and regulated in § 82-34(C).
   (B)   The Planning Commission in making its review shall find that the following minimum standards are fully met.
      (1)   The maximum number of individual single family dwellings per acre, throughout the entire site, shall not exceed the dwelling unit density level of the one-family district in which the site is located. These densities, including roads, are as follows:
         (a)   R-1 One-Family Residential Districts   =   3.8 dwellings/acre.
         (b)   R-2 One-Family Residential Districts   =   2.7 dwellings/acre.
      (2)   An area equal to the minimum land area requirement of the district shall be provided for each dwelling unit, including the building envelope.
      (3)   Setbacks shall be provided for each building envelope equal to the minimum setback requirements of the district as set forth below.
         (a)   Front setback shall be measured from the street right-of-way, or from the similar line of a private street easement, to the front of the building envelope.
         (b)   Side setback shall be measured from building envelope to building envelope and shall be at least equal to the total minimum side yard setback requirement of the district between 2 single family detached dwellings.
         (c)   Rear setback shall be measured from the rear line of the building envelope to the rear property line or to the nearest common space area.
      (4)   All streets shall be built to public street standards and may be dedicated to the city as public streets or remain as private streets. All public streets shall be located within an appropriate right-of-way as set forth in the city's Master Plan. Private streets shall be located within an easement equal in width to the appropriate street right-of-way.
      (5)   All streets, utilities and improvements required for subdivision shall be installed to applicable city standards.
      (6)   The condominium subdivision plan shall include all necessary easements granted to the city for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and stormwater run-off across, through and under the property subject to the easement, and excavating and refilling ditches and trenches necessary for the location of the structures.
      (7)   The maximum number of stories and building height restrictions of the district shall be met as shall the minimum floor area requirements of the district. Any detached accessory uses shall comply with the applicable standards of this chapter for such uses. Setbacks required for such uses shall be measured from the outer perimeter of the land area boundaries as required in this section for each individual single-family detached dwelling.
(1993 Code, § 82-431) (Ord. passed 10-12-1992)
Cross reference:
   Condominium subdivision terminology, see Appendix E