(A) The construction of any multiple-family dwelling, including townhouses, in the city shall be permitted only as a part of a planned unit development and/or cluster development approved in accordance with the procedure for planned unit development and/or cluster development notwithstanding other provisions of this code to the contrary. The provisions of this section shall be in addition to and not in replacement of the requirements pertaining to planned unit and cluster developments.
(Prior Code, Ch. 300 § 737.01)
(B) Townhouse developments, the placing of common wall residential dwelling units in compact groupings, may be permitted in any residential or multiple-family district following issuance of a conditional use permit. In recommending the granting of a conditional use permit for structures containing 2 or more dwelling units, but only 1 use, the Planning Commission shall find that the proposed development plan is in substantial compliance with the approved townhouse and multiple- family standards of this chapter and the city housing policies on file with the Zoning Administrator. All requests for conditional use permits for townhouse developments shall be accompanied by a series of site plans and data showing:
(1) Complete details of the proposed site development, including location of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area, and yard dimensions;
(2) Complete recreation plans illustrating all recreational facilities and structures;
(3) Complete circulation plans for proposed pedestrian and vehicular traffic;
(4) Population and services required (kind and amount);
(5) Complete plans for screening and fencing devices;
(6) Preliminary architectural plans showing the floor plan and elevations of the proposed buildings;
(7) Complete plans and specifications for exterior wall finishes proposed for all principal and accessory structures;
(8) Complete data as to dwelling unit sizes and ratios of dwelling units to total lot space;
(9) A 2-foot contour topographic map of the existing site;
(10) A grading plan illustrating the proposed grade changes from the original topographic map. All site area, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater, and groundwater in such a manner as to preclude large scale erosion and unwanted ponding and surface chemical runoff;
(11) Estimates of solid waste disposal and provisions and facility plans for such disposal;
(12) Complete plans and documents of the homeowners' association, which explain:
(a) Ownership and membership requirements;
(b) Organization of the association;
(c) Time at which the developer turns the association over to the homeowners;
(d) Approximate monthly or yearly association fee for homeowners; and
(e) Specific listing of items owned in common, including such items as roads, recreational facilities, parking, common open space grounds, and utilities.
(13) A services and facilities plan shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and rights-of-way, easements, facilities, and appurtenances necessary therefor;
(14) Firefighting and other public safety facilities and provisions, such as hydrant locations and fire lanes;
(15) A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type, and location of all trees and shrubbery, and the location of all seeded and sodded areas. The detailed landscape plan shall be submitted by a state registered, professional landscape architect;
(16) A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18%;
(17) A construction staging plan illustrating the staging phases and order of construction in specific time periods; and
(18) A preliminary plat.
(Prior Code, Ch. 300 § 737.02)
(C) The required plans shall be reviewed by the Planning Commission and the City Council. The conditional use permit shall not be issued until site plan approval is obtained from the City Council after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit and noncompliance with the site plans may be deemed by the City Council as grounds for the revocation of the conditional use permit.
(Prior Code, Ch. 300 § 737.03)
(D) The City Council shall require the developer to post a 125% performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the City Council.
(Prior Code, Ch. 300 § 737.04)
(E) Following approval of the site plans, building permits may be issued for proposed structures within the approved development permit area, provided that:
(1) The project appears to be in substantial conformance with the final approved conditional use permit and with the approved site plans;
(2) The necessary bonds have been acquired as provided in this section;
(3) The proposed improvement or building construction is in accordance with the approved order of construction as per the construction staging plan or other specific terms of the approved permit as may be in any way involved respecting a staged development;
(4) The final plat as is required by the terms of this chapter has been filed with the appropriate governmental recording agency; and
(5) The proposed structure meets the requirements of applicable codes.
(Prior Code, Ch. 300 § 737.05)
(F) The following standards shall apply although these may be modified and added to under provisions of the conditional use permit:
(1) Minimum project area per unit shall be 6,000 square feet;
(2) Diversity in housing types and architecture within an overall design plan shall be required;
(3) In addition to common open space, each unit shall have an area specifically designed and developed for outdoor living (patio, small yard, large balcony, and the like) for individual family enjoyment as contrasted to apartment living;
(4) Each project shall have family or private recreation areas specifically designed to accommodate the needs of the occupants;
(5) Air conditioners and other apparatus shall be designed such that they blend in well with the architecture and in no way conflict with outdoor living aspects of the project;
(6) Applicable standards for normal multiple-dwelling structures (§ 159.100) such as those relating to noise, fire alarms, storage of trash, and the like shall be applied to townhouse developments;
(7) Not less than 25% of the total project area shall be useable open space designed and developed for common use by the occupants of the development for recreational and other common usage participation. Open spaces between structures, including those spaces being used as recreational areas shall be protected by adequate covenants or such other methods as may be specified;
(8) The dimensions and construction of roads and parking areas within the development, whether or not public dedication of them is contemplated, shall conform to all applicable city regulations and standards;
(9) The height of any dwelling unit shall not exceed 35 feet, nor shall the distance between principal structures be less than 30 feet;
(10) Any dwelling unit which contains a study or similar room capable of being converted into a bedroom, shall be considered as having the room as a bedroom;
(11) Minimum total floor area requirements shall be the same as for multiple-family structures;
(12) All buildings including attached or detached garages shall be set back from the street curb at least 25 feet. No building within a townhouse project shall be closer than 60 feet to any single-family zoning district;
(13) Each dwelling unit shall be provided with at least 1-1/2 parking spaces and in addition, 1 fully enclosed parking space;
(14) The storage of boats, campers, trailers, disabled cars, or any similar uses shall be permitted in a designated location on the site and shall contain 1/2 parking space per dwelling unit. This storage site shall be fenced, screened, and have lockable gates;
(15) Each dwelling shall be occupied by 1 family as defined in the zoning regulations. No dwelling shall be utilized for any purpose other than occupancy by a family, unless specifically authorized by conditions of a conditional use permit;
(16) Television antennas are to be centralized for 4 or more attached groupings of dwelling units;
(17) A fee in an amount as set forth in § 33.01 per dwelling unit shall be paid into the Park and Recreation Fund as building permits are issued. All or portions of the fee may be refunded following full development of the project, provided it can be demonstrated to the satisfaction of the City Council that all or portions of the recreational needs of the occupants have been met within the project development. Generally recognized standards for neighborhood recreational needs shall be utilized as a guideline to making this decision; and
(18) Townhouse projects proposed in zoning districts where public sewer and water are not available or are not installed shall not exceed the allowable net dwelling unit density for single-family residences in the same district.
(Prior Code, Ch. 300 § 737.06)
(G) All applicants for a conditional use permit for clustered townhouse developments shall be required to file with the appropriate governmental recording agency a plat of the clustered townhouse development complying with all of the requirements of Chapter 158, except to the extent that the Planning Commission may have given specific permission to the effect that specific portions of the Subdivision Ordinance may be waived. Such required plats shall be filed within 120 days after the date of the action giving final approval.
(Prior Code, Ch. 300 § 737.07)
(H) Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made a part of the permit; provided an agreement is entered into between the owner of the private streets and the city assuring that the construction, operation, and maintenance of the streets will be accomplished in accordance with the approved standards (see § 159.159).
(Prior Code, Ch. 300 § 737.08) (Am. Ord. 7555, passed 6-21-2016)