§ 155.651 TOWNHOUSES.
   In addition to the standards within § 155.425, the following standards shall apply to townhouse development.
   (A)   Access to units. Access to townhouse developments must be convenient to public streets or private drives. Access to individual units or buildings may be from streets, drives, pedestrian ways, garden courts, parking areas, or similar methods.
   (B)   Utilities and services.
      (1)   Each townhouse shall be independently served by separate heating, air conditioning, electric power, gas, and other facility and utility services, excluding sewer and water, wherever those utilities and services are provided.
      (2)   No townhouse shall be in any way dependent upon services or utility lines located within another townhouse or townhouse site, except as may be installed in public easements.
      (3)   All townhouses must be connected to public water and sewer lines, and all electrical and telephone lines in a townhouse development site shall be placed underground.
      (4)   Proper and adequate access for firefighting purposes and access to services, areas to provide for garbage and waste collection, and for the other necessary services shall be provided.
   (C)   Parking spaces may be provided on the lot of the townhouse, in commonly owned or maintained parking bays, or in combination of both.
   (D)   Private open areas. There shall be provided for each townhouse at least 500 square feet of private open areas, exclusive of parking and service areas. These areas may consist of one or more locations. Open-roof areas and balconies designed and planned for patio purposes may be credited for no more than 50% of the required area.
   (E)   Maintenance of common areas.
      (1)   Provisions shall be made to assure that non-public areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of those occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayer of the city.
      (2)   This assurance may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to nonpublic areas and facilities; which may include, but not be limited to recreational areas, off-street parking bays, private streets, sidewalks, street lights, and common, open landscaped areas and waterways. These assessments shall be a lien superior to all others, except mortgage and tax liens.
      (3)   Other methods may be acceptable if they positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers.
      (4)   The instrument incorporating such provisions shall be in legal and recordable form before issuance of a building permit and shall be recorded in the public records of the county.
   (F)   The following standards below, as outlined in § 155.425, may be modified by the Planning and Zoning Board where such variations, when incorporated into the site plan, illustrate that the purpose and intent of this section will be met by the overall development. The applicant shall provide a letter of justification stating the necessity for the standards to be modified and how the proposed meets the purpose and intent of this section.
      (1)   Unit size;
      (2)   Height;
      (3)   Setbacks;
      (4)   Separation of building;
      (5)   Private open areas.
   (G)   Districts in which townhouse developments permitted. In all districts permitting multiple-family zoning, townhouse developments will be permitted, which may vary the regulations of that particular zoning district as outlined above.
   (H)   Landscaping. Reference multi-family landscaping requirements in § 155.662(B).
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021; Am. Ord. 2022-02, passed 6-15-22)