(a) Applicability; Scope. The provisions of this section apply to real property which:
(1) Is proposed to be developed as a residential planned unit development comprising apartments and common areas; and
(2) Has been or is to be subjected to a condominium property regime under the Condominium Property Act.
With respect to such property, the provisions of this section supersede all other provisions of this chapter and of other chapters of this Zoning Code which are in conflict with these provisions, except such other provisions as are specifically applicable to townhouse or cluster housing projects. Except in cases of such conflict or in situations in which other regulations are clearly inapplicable (because they are clearly inappropriate) to property to which the provisions of this section apply, such other provisions, if otherwise applicable, also apply to such property.
(b) Purpose. The purpose of this section is to permit the planning, construction and occupancy of residential planned unit developments of a type described in subsection (a) hereof, in accordance with standards for large scale residential developments containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways and other amenities which are not required ox, as the case may be, not permitted under this chapter or other chapters of this Zoning Code.
(c) Accessory Uses. A condominium development nay contain accessory uses permitted within the zone in which the development is located, providing that commercial uses are so located as to minimize interference with residential or recreational areas within the development and to avoid creation of traffic congestion or other objectionable influences affecting residences outside the development.
(d) Establishment of Condominium Property Regimes. A condominium property regime is deemed to be established whenever the sole owner or other owners of residential property which is eligible to be subjected to such a regime under the Condominium Property Act declares his, her or their desire to do so in the manner prescribed by the Act. As provided by the Act, such a regime may be established with respect to a project whereby four or more apartments are separately offered or proposed to be offered for sale.
(e) Setbacks. The minimum setback from a publicly dedicated street for all buildings and structures exceeding forty-two inches in height in a residential condominium development shall be that which is required in the zone in .which such development is located. However, this restriction shall not apply to construction of a six-foot decorative wall or fence along an arterial highway or other public street in a situation in which such construction is necessary to diminish noise and establish pedestrian traffic control, if permitted or required by the Planning Commission in connection with the issuance of a special permit.
(f) Vehicular Accessways. The minimum distance between a building and a vehicular accessway, other than a publicly dedicated street on a condominium development site, shall be:
(1) A vehicular accessway and that portion of a building used for human habitation; and
(2) Five feet between travel lanes on a vehicular accessway and a garage or parking structure. However, where a garage attached or adjacent to the residence building it is to serve is to be constructed, a minimum of fifty percent of the area of such garage shall be set back not less than twenty feet from the curb line, or back of a sidewalk, whichever distance is greater.
The distance between uncovered and unenclosed parking spaces and any ground floor area of a building used for human habitation shall not be less than six feet.
(g) Abutting Property Lines. The minimum setback from a property line of an abutting property for all buildings thirty feet or less in height, except garages, shall be ten feet. The minimum setback from an interior property line for a garage shall be ten feet. However, such a structure may be constructed at a zero setback if:
(1) The finished grade of a condominium development at the common property line is not higher by more than one foot than the finished grade on an abutting property.
(2) The wall of such structure constructed along the common property line is a full fire separation wall.
(3) No portion of the structure or architectural features project over the common property line.
(h) Building Separations. The minimum distance between buildings on a condominium development site shall be:
(1) Twenty-five feet between one-story buildings, front to front. Such distance shall be increased by five feet with respect to each story of each building in excess of one story.
(2) Twenty feet between one-story buildings, rear to rear or rear to front. Such distance shall be increased by five feet with respect to each building in excess of one story.
(3) Fifteen feet between one-story buildings, side to front or side to rear. Such distance shall be increased by two and one-half feet with respect to each story of each building in excess of one story.
(4) Ten feet between one-story buildings, side by side. Such distance shall be increased by two and one-half feet with respect to each story of each building in excess of one story, or by five feet with respect to each dwelling unit in excess of two stories contained in either one of the structures, whichever distance is greater.
(5) In the case of an obliquely aligned building, the distance specified herein may be decreased by five feet at one building corner if increased by an equal or
(6) Ten feet between detached accessory buildings; and
(7) Ten feet between the ground floor area of a building used for human habitation and a detached accessory building.
(i) Floor Area. The minimum floor area of an apartment in a condominium development shall be:
Apartment Type Minimum Floor Area (sq. ft.)
One-bedroom 500
Two-bedroom ~ 600
Three-bedroom 650
Four-bedroom 700
(j) Building Size and Exterior Design. All structures in a condominium development shall conform to the following requirements:
(1) Structures having dwelling units attached side by side shall contain not more than eight apartments and be not more than 200 feet in length.
(2) Structures having apartments attached side by side shall have an offset in the front building line of not less than two feet for every two dwelling units within the structure.
(3) Not more than three apartments attached side by side shall have rear walls in continuous alignment. The minimum offset for such walls shall be one foot.
(4) Structures having apartments attached side by side shall provide a variety of heights to minimize the apparent bulk of the structure.
(k) Off-Street Parking. A condominium development site shall include, as a minimum, the following off-street parking facilities:
(1) Two parking spaces for each apartment. One such space shall be in a fully enclosed garage, which shall be located adjacent to the apartment being served. The minimum inside dimension of all parking spaces shall be ten feet in width and twenty feet in length.
(2) Guest parking: one parking space for each five apartments. Guest parking shall be distributed throughout a condominium development site. No parking space or stall, except a garage, and no driveway, shall be closer than six feet to any residential building. Such parking facilities shall meet, in addition, all of the requirements of Sections 1270.02 through 1270.04. Parking on streets, drives or alleys shall not be used to satisfy any of the requirements of this section.
(l) Common Open Space. A condominium development site shall include common open space for recreational and leisure activities of the occupants of the development aggregating not less than 450 square feet per each apartment or thirty-five percent of the total area of the development site, whichever is greater. Common open space does not include public streets, driveways, private yards and patios, parking spaces, parkways or other areas not primarily designed for recreational or leisure use.
(Ord. 1049. Passed 2-26-85.)