Section 155.7.25  Group Housing Developments.
   Section 155.7.25.1  Commonly Owned Areas.
   (A)   All group housing developments shall contain commonly owned land equal in area to 20% of the entire development, exclusive of streets and parking areas.
   (B )   The area of the proposed group housing development must be one acre or more.
   (C)   Common areas shall be owned and controlled by a non-profit corporate homeowners’ association or similar organization or by the developer in a renter occupied development. In consideration of the purpose served by a group housing development, the title to the common areas or property shall be preserved for the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose. The developer shall submit and, after approval by the town, record a declaration of the covenants and restrictions that will govern the ownership, management, and maintenance of common areas.
   Section 155.7.25.2  Zoning, Density and Exemptions from Requirements.
   (A)   Group housing developments shall only be allowed in the C-2 Commercial District II zoning district and the overall density of a group housing development shall not exceed 22 units per acre. All remaining land not shown as lots, streets, or parking area shall be designated as common areas.
   (B)   Group housing developments shall be exempt from the following sections in Chapters 155 and 152:
      (1)   Section 155.2.4 One Principal Building or Use.
      (2)   The requirements for frame structures as set forth in Section 155.6.5.4. Provided that this exception shall not apply to any commercial uses that comprise part of the group housing development.
      (3)   The subdivision requirements as set forth in Article 155.12 of Chapter 155.
      (4)   The landscape, buffering and screening requirements of Part IV of Article 155.9 of Chapter 155.
      (5)   The requirements of subsection (C) of Section 155.2.11 Fire Districts. Provided that this exception shall not apply to any commercial uses that comprise part of the group housing development.
      (6)   The requirements of Part I. Off-Street Parking and Off-Street Loading Requirements of Article 155.9 for any commercial use within a Group Housing Development. Provided that notwithstanding this exemption, a Group Housing Development shall provide a minimum of two off-street parking spaces for each permitted commercial use.
      (7)   The requirements of Section 155.9.18.8 (a) and (b).
      (8)   The requirements of Section 152.007 shall apply with the following exceptions : (i) a zero setback from the 1939 property line shall be permitted as set forth in Section 155.7.25.3(C) below; and (ii) side yard setbacks of 7.5 feet shall be permitted on the condition that the walls of all structures immediately adjacent to the side yard setback are two-hour fire rated walls, that ail roof overhangs immediately adjacent to the side yard setbacks are constructed as two-hour fire rated walls, and that all roofs of all structures immediately adjacent to the side yard setback are metal roofs.
   Section 155.7.25.3  Permitted Uses and Applicable Setbacks.
   (A)   Only single family and duplex residences and commercial uses as described hereinafter shall be allowed in a group housing development.
   (B)   Commercial uses permitted in the C-2 Commercial District II shall be permitted in a group housing development in the same manner that such commercial uses are permitted in the C-2 Commercial District II provided that the total enclosed floor area of such permitted commercial uses plus the area of any outside decks or porches used in conjunction with such commercial uses shall not exceed 10% of the area of the tract of land on which the group housing development is located.
   (C)   Applicable setbacks in the C-2 Commercial District II zoning district shall apply to all structures in the group housing development except that zero setback from the 1939 property line shall be permitted and ten-foot minimum separation between structures shall be permitted on the condition that the walls of all structures facing another structure within the group housing development are two-hour fire rated walls, that all roof overhangs facing another structure within the group housing development are constructed as two-hour fire rated walls, and that all roofs are metal roofs.
   Section 155.7.25.4  Unit Ownership and Condominiums.  Before a declaration establishing a group housing development may be recorded, the declaration plan and restrictions shall be approved by the UDO Administrator.
   Section 155.7.25.5  Site Plans. Group housing developments shall comply with the site plan development review process set forth in Article 155.5 of Chapter 155.
   Section 155.7.25.6  Public Access, Easements, and Private Party Walls.
   (A)   Building lots may abut or be provided with frontage on common areas, properly restricted through a homeowners’ association to assure adequate access, if in the opinion of the Board of Aldermen, a public street is within an acceptable distance and would allow adequate community services.
   (B)   Easements over the common area for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
   (C)   All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established and such walls shall be constructed and maintained in accordance with applicable provisions of the N.C. State Building Code.
   Section 155.7.25.7 Utilities and Improvements Required.
   (A)   All group housing developments shall include town water and sewer. All streets and parking constructed within the group housing development shall be paved or otherwise surfaced in a manner that complies with applicable town ordinances and shall have storm drainage. Group housing developments shall comply with all stormwater regulations set forth in the Town Code or other applicable county or state regulations.
   (B)   If any part of the group housing development includes a permitted encroachment into a town right-of-way, a signed and recorded encroachment agreement from the developer shall be required.
   (C)   Group housing developments shall comply with the principal building height for structures in the C-2 Commercial District as set forth in Section 155.6.5.4.
(Ord. 1771, passed 11-9-17)