8.1.1.

Legacy district. The Apartment district is prohibited from future use. Property that is zoned A as of the effective date of this UDC shall be permitted to continue as conforming to this Code as described in § 3.3.3: Legacy Zoning Districts, but Rezoning any additional areas to A is prohibited.

8.1.2.

Use regulations. Land and buildings in the "A" apartment district may be used for any of the following listed uses, but no land shall hereafter be used and no buildings or structure shall hereafter be erected, altered, relocated, reconstructed, or converted which is arranged or designed or used for other than the following uses:

A.

Two-family dwelling.

B.

Multiple-family dwelling (apartments).

C.

Community, social or hobby buildings for tenants as part of a multiple-family dwelling or housing project.

D.

Accessory buildings including a private laundry, utility or storage building and carports as part of multiple-family dwelling or housing project.

8.1.3.

Building regulations.

A.

Area of dwelling unit.

1.

The minimum gross floor area per dwelling unit shall be as follows:

2.

The City Council may, after receiving a recommendation from the Planning and Zoning Commission, approve a Variance to the minimum areas allowed provided they are well assured of additional quality being built into the project. Covenants or restrictions may be used to ensure that these assurances are met.

B.

Type of materials.

1.

Apartment and accessory buildings shall be constructed of standard masonry construction.

2.

Vertical exterior walls shall not contain more than 20 percent non-masonry materials, excluding window and door openings.

3.

The City Council may, after receiving a recommendation from the Planning and Zoning Commission, approve an alternate architectural design that is equal to masonry in appearance and maintainability.

8.1.4.

Height regulations.

A.

No apartment building may exceed two standard stories in height.

B.

The structural height of any apartment building erected on a lot abutting a single-family residential area shall be limited to one story for 150 feet from a residential use or Residential zoning district, inclusive of streets and alleys.

C.

The City Council may, after receiving a recommendation from the Planning and Zoning Commission and after holding a public hearing, approve a height in excess of the above, subject to appropriate safeguards and conditions.

8.1.5.

Area regulations.

A.

Lot area and dimensions.

B.

Front yard.

1.

General.

a.

There shall be a front yard having a minimum depth of 30 feet.

b.

On corner lots, the required front yard shall be required on both sides.

c.

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

d.

No structures shall be located in the required front yard or in a required side yard abutting a street. This includes parking areas, swimming pools, and other recreational facilities, but does not prohibit decorative items such as fountains, sculptures, flag poles or decorative screen walls 30 inches or less in height which are an integral part of a landscaping scene.

e.

No parking shall be allowed in any front yard area. However, drives of ingress and egress from the public street to the parking area shall be allowed to cross the front yard.

2.

Exceptions.

a.

Along streets already having a uniform building line, new structures shall conform to that so existing.

b.

If there is a variance in the depth of those already existing in the same block and on the same side of the street as the lot to be built on, the building line of the new building shall conform to that of the building on its right when looking toward the street. If such new building is to be constructed on a corner lot, the building line shall conform to that of the building nearest thereto on the same side of the street in the same block.

c.

In no event shall a building line set back less than 30 feet or more than 50 feet from the front lot line be required.

C.

Side yard.

1.

Where the ends of the building are adjacent to and parallel to the side lot line, the side yard shall be not less than 20 feet.

2.

Where the long sides of the apartment building, other than the ends, are adjacent to or parallel to the side lot lines, the side yard shall be not less than ten percent of the length of the building side adjacent to the side yard, but in no case shall the side yard be less than 20 feet.

3.

Where the long dimension of such building is parallel to another building in a project, a side yard of 15 feet shall be provided on each side of each building so that the walls of buildings arranged as parallel structures shall be a minimum of 30 feet apart and no balcony or canopy shall extend into such side yard or space for a distance greater than five feet.

D.

Courts. When an apartment building is erected to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court for a distance of greater than five feet.

E.

Rear yard. Each apartment lot shall have a rear yard area extending the full width of the lot of a depth of not less than 25 feet.

F.

Unusable land areas. No pond, creek or other usable terrain shall be changed without the approval of the Town.

G.

Overhang and fireplaces. The minimum setback requirements shall apply in all cases, except that fireplaces, eaves, bays, balconies, and fireproof outside stairways may extend up to a minimum of three and one-half feet into the required front, side or rear yards.

H.

Patios and balconies. When an apartment is erected to create balconies or patios facing a public street, such balconies or patios facing shall be recessed and the exterior shall not extend beyond the building line. When such balcony or patio fronts a public street, a solid sight barring fence or wall is required to screen such balcony or patio from view.

8.1.6.

Parking regulations. Off-street parking and loading shall be mandatory for all apartment projects developed under these provisions and shall satisfy the provisions of all other Town ordinances applying to the layout, design, and construction of parking and loading areas as well as satisfying the following regulations:

A.

Number of spaces. Adequate off-street parking spaces shall be provided to meet the requirements of the residents and their guests in each apartment project, but in no event shall the number of spaces provided be less than one for each efficiency, one and one-half for each one bedroom unit, two for each two bedroom unit and two and one-half for each three bedroom unit.

B.

Area regulations.

1.

Locations of parking and loading spaces shall be included on the Site Plan, and only those locations shall be used for parking or loading.

2.

No off-street parking or loading area shall be located in any minimum required side, or rear yard, unless a solid sight-barring fence is erected along the property line.

3.

No off-street parking or loading space shall be located within four feet of any building. A curb or equivalent barrier shall be placed to prevent any vehicle from parking within a minimum distance of four feet from a building.

4.

No parking space shall be located more than 100 feet pedestrian travel distance from the entrance to the dwelling unit which it is intended to serve. Such parking spaces must be visible from the entrance to the apartment building they are intended to serve.

C.

Development and maintenance. Off-street driveways and parking and loading areas shall be curbed, paved and maintained to Town specifications and shall be constructed to dispose of all surface drainage according to Town specifications and ordinances.

D.

Storage of additional cars. All complexes must provide an additional parking space for every ten units for the storage of recreational vehicles, boats and additional cars.

8.1.7.

Accessory buildings. Accessory buildings and uses shall be permitted only to the extent necessary and normal to the limited types of uses permitted in this district. All accessory buildings which are not a part of the main buildings shall be separated from the main buildings by a minimum of 15 feet. Final determination of location, height, and arrangement will be made by Site Plan approval.

8.1.8.

Refuse facilities. All refuse and refuse containers shall be screened from all public rights-of-way. Such containers shall be set on a designed reinforced concrete pad and approach. Screening walls must be of aesthetic material.

8.1.9.

Recreational facilities.

A.

Requirements. Recreational space and facilities shall be provided and maintained on the site at the rate of not less than 400 square feet for each dwelling unit. Such recreational space may include playgrounds, pools, tennis courts and landscaped open spaces. No recreational space or facilities shall be placed in minimum side yards or front yards or between buildings less than 30 feet apart.

B.

Swimming pools. Swimming pools, as an accessory structure to a principal building, shall be subject to approval by the Planning and Zoning Commission after taking into consideration the location and size of the plot, the site, the detailed plans of such swimming pool and any required accessories; and such other factors as may be required for health, safety and general welfare of the community. In addition, the Planning and Zoning Commission may require that any swimming pool, including mechanical equipment, be located at such distance from any property line as not to interfere with the peace, comfort and repose of the occupant(s) of any adjoining building or residence. Any lights illuminating such swimming pools shall be so erected as to eliminate direct rays and minimize reflected rays of light on adjoining premises. Gates and fences around the pool will be constructed consistent with § 5.6.10.D: Gates and Access.

8.1.10.

Mechanical equipment. Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjoining building or residence.

8.1.11.

Lighting. Lighting within the apartment project shall be provided along all driveways and emergency access easements, and at all parking areas, other than parking garages enclosed by doors. The height and spacing of light fixtures shall be such as to produce an average illumination level of not less than 0.2 footcandles on all such driveways, access easements and parking areas.

8.1.12.

Maintenance. All facilities that constitute an apartment project shall be permanently maintained in a neat and orderly manner as a condition for use. This condition must be noted on the occupancy permit.

8.1.13.

Special requirements. Apartment sites of two acres or more will comply with the Town's subdivision regulations.

8.1.14.

Site landscaping. All landscaping within the A district shall conform to the standards contained in § 5.6: Landscaping, Buffering, and Fences.

8.2.1.

Legacy district. The Planned Development Townhouse/Condominium district is prohibited from future use. Property that is zoned PD-TH as of the effective date of this UDC shall be permitted to continue as conforming to this Code as described in § 3.3.3: Legacy Zoning Districts, but Rezoning any additional areas to PD-TH is prohibited.

8.2.2.

Comprehensive site plan.

A.

This is to be a graphic plan including all the area under consideration for zoning approval and shall be submitted with the application for such zoning. This plan need not be detailed but must show use areas, land areas for building, principal roadways, parkways, buffers, screening and the number and type of dwelling units. Notes, sketches, photographs and drawings may be attached to the development plan to illustrate the treatment of parkways, parking area, buffer strips, screening, shrubs, roadway design, special subdivision plotting plans and other such ideas which cannot be satisfactorily explained otherwise. Such notes, sketches, photographs and drawings shall be used to evaluate detailed Site Plans.

B.

If the development plan is only conceptual in nature, the zoning may be granted, but no Building Permit shall be issued until a detail development plan is approved by the City Council.

8.2.3.

Detail development plan.

A.

A detail development plan shall be approved by the City Council prior to the issuance of a Building Permit and shall show locations of buildings, open spaces, parking areas, drives, streets and other accessways, sidewalks, fire lanes, landscaping, buffer strips, use of buildings, floor plans, number of dwelling units, plotting plans, if applicable, diagrammatic utility layouts and other such things which serve to show that the proposed development will be compatible with the surrounding area and will provide a wholesome environment for future residents.

B.

All required screening walls must be of masonry construction. Fences shall be offset from drives or parking to avoid damage by vehicles.

C.

The detail development plan and the comprehensive Site Plan may be one-in-the-same if all conditions of both are met. In the event of a multiphase project, it is intended that a detail development plan be submitted only on the area that is proposed for immediate development. Additional plans may be approved as the other phases are ready to be developed.

8.2.4.

General location of zoning. Each application shall be judged on its appropriateness to its site and to its compatibility with existing development to other proposed development. It is felt that through proper planning it is possible to design Townhouse/condominium development to fit all areas of Addison. The master plan sets forth the proposed location of single-family areas. These single-family areas are envisioned to possibly be protected from high intensity land uses and traffic volumes along major thoroughfares by medium intensity buffering areas such as garden office and intermediate density housing.

8.2.5.

Permitted uses.

A.

Condominium.

B.

Townhouses.

C.

Community center.

D.

Recreation buildings.

E.

Laundry rooms.

8.2.6.

General conditions. Yard requirements:

A.

There shall be a 25-foot exterior yard in all cases from public streets.

B.

There shall be side yards of ten feet in all cases for one story condominium buildings.

C.

There shall be a side yard of 15 feet for two-story buildings.

D.

Every part of a required yard or court shall be maintained as open space; provided that ordinary projections may extend into a minimum side yard not more than 24 inches.

8.2.7.

Townhouse yard requirements. Every lot within this district shall have exterior yards of at least 25 feet, a rear yard of at least ten feet and no side yard shall be required. The Uniform Building Code will regulate construction requirements where side property lines intersect with buildings.

8.2.8.

Density. Density within this PD zoning district shall not in any case exceed 18 dwelling units per acre.

A.

Maximum lot coverage. No more than 50 percent of the total lot area shall be covered by buildings.

B.

Building; lot ratio. There shall be at least 2,400 square feet of lot area for each dwelling unit built on any lot.

C.

Minimum dwelling unit size. Every dwelling unit, hereafter erected, shall have a gross floor area exclusive of breezeways, basements, open and screened porches and garages of not less than 750 square feet.

8.2.9.

Construction materials and design. Condominium developments bring individual behind-the-door owner's side by side in one building with common ownership of other elements of the structure. Therefore, the architectural design and the exterior maintenance are more important in these developments than in detached single-family houses. For this reason, the Town feels that much care must be used in the selection of building materials to reduce long range maintenance problems and protect property values.

A.

The exterior walls shall be 80 percent masonry.

B.

A fire-retardant class C roof covering, meeting Uniform Building Code standard 32-7, will be required on all condominium and Townhouse units.

C.

Balconies visible from public right-of-way must be recessed and screened or covered and screened.

D.

Open guard rails and stair railings shall have intermediate rails or an ornamental pattern such that a sphere six inches in diameter cannot pass between rails.

8.2.10.

Parking.

A.

Two parking spaces shall be provided for each dwelling unit.

B.

Additional off-street parking, as determined by the Council, shall be provided adjacent to all recreational areas.

C.

Fire lanes, as required by the Fire Code, shall be provided and clearly marked.

D.

Security lighting must be provided to illuminate parking and public areas; placed to reflect the lighting away from adjacent dwelling units.

8.2.11.

Streets, alleys and accessways.

A.

All areas for locating dwelling units shall be platted property and located on dedicated streets; however, private streets may be provided if a homeowner association or other agency has control and maintenance of such private streets. Private streets and alleys must be shown on the subdivision plat.

B.

Private streets shall meet Town widths and paving standards.

C.

Alleys within or abutting a district may be used for ingress or egress to parking and service areas, provided the alley is paved to a width of 20 feet from a street to the parking or service area.

8.2.12.

Open space. In addition to paved parking and driving areas, at least ten percent of the lot shall be maintained in landscaped open area. All parking areas shall be designed and constructed in a manner to include landscaping. All landscaped areas shall have adequate and inconspicuous irrigation systems.

8.2.13.

Utilities.

A.

Each condominium/Townhouse unit shall have its own underground electrical service.

B.

All dwelling units must have washer and dryer connections.

8.2.14.

Postal service. Individual mail provision shall be provided for each unit and shall be located in accordance with guidelines established by the postal service.

8.2.15.

Refuse collection and storage. Individual curbside refuse collection may be required for each unit in a collection unit approved by the Council.

8.2.16.

Deed restrictions and owner association agreements. Agreements shall be approved by the Town and recorded in the County Clerk's office, prior to the issuance of the certificate of occupancy.

8.2.17.

Fire walls separating dwelling units.

A.

The common walls and ceiling of each unit must be constructed of materials of one-hour construction.

B.

The attic space must be fire stopped as required by the Uniform Building Code.

8.3.1.

Legacy district. The Planned Development Condominium Conversions district is prohibited from future use. Property that is zoned PD-CC as of the effective date of this UDC shall be permitted to continue as conforming to this Code as described in § 3.3.3: Legacy Zoning Districts, but Rezoning any additional areas to PD-CC is prohibited.

8.3.2.

Purpose of district. The Town of Addison finds that a different set of regulations are necessary when an apartment complex owner desires to convert the apartments into individually owned dwelling units, with other elements of the complex being common property, shared by all dwelling unit owners. The Town will require definite objectives and policies on condominium conversions.

8.3.3.

Planned development. In order to provide for individual review, it has been decided that all condominiums, be allowed only under planned development Townhouse condominium PD zoning. This UDC requires a comprehensive development plan and this "shall become part of the amending ordinance." Therefore, this article sets out the Council's expectations in regard to these various requirements.

8.3.4.

Comprehensive site plan. This is to be a graphic plan including all of the area under consideration for zoning approval and shall be submitted with the application for such zoning. This plan must show use areas, principal roadways, parkways, buffers, screening, landscaped areas and the number and type of dwelling units and other such ideas which cannot be satisfactorily explained otherwise. Such notes, sketches, photographs and drawings shall be used to evaluate detailed site plans.

8.3.5.

Detailed conversion site plan. The detailed conversion site plan shall be approved by the City Council prior to the issuance of a building permit. This plan should show in detail the changes that are proposed that will improve the aesthetics of the present complex in open space, parking areas, entrances, berms, sidewalks, landscaped walkways, exterior of structures and balconies. All perimeter walls and fences shall be masonry, or a design acceptable to the Council.

8.3.6.

Permitted uses.

A.

Condominium.

B.

Community center.

C.

Reserved.

D.

Recreation buildings.

E.

Laundry buildings.

8.3.7.

Parking. At least one covered and one uncovered parking space will be provided per dwelling unit on the existing parking layout. Additional improvements in the parking area will be expected.

8.3.8.

Landscaping. Existing and proposed landscaped areas will be considered on a comparative basis. Proposed areas must show the kind of plants and the degree of intensity used in coverage. Parking areas shall be landscaped where possible. All landscaped areas shall have adequate and inconspicuous irrigation systems.

8.3.9.

Utilities.

A.

All gas, water and sewer lines shall be tested as new lines. The building official may require that areas of existing lines be exposed, to determine to the best of his knowledge, if such lines have an expected life of five additional years. Otherwise, new lines must be installed or guaranteed for five years with replacement funds deposited in escrow by the developer with the homeowners association.

B.

Wherever practicable, all dwelling units must be provided with washer and dryer connections.

C.

Electrical services and wiring systems will be inspected and expected to meet the present electrical code.

8.3.10.

Balconies.

A.

Balconies visible from public right-of-way must be screened.

B.

Open guardrails and stair railings shall have intermediate rails or an ornamental pattern such that a sphere six inches in diameter cannot pass between rails.

8.3.11.

Postal service. Individual mail provision shall be provided for each unit and shall be located in accordance with guidelines established by the postal service.

8.3.12.

Refuse collection and storage.

A.

An individual storage area must be provided for each dwelling unit.

B.

Individual curbside refuse collection may be required for each unit in a collection unit approved by the Council.

C.

Refuse containers, when used, must set on a designed concrete pad and approach. The dumpster shall be screened from public view. The screening enclosure shall be of the same masonry as the exterior walls of the primary structure.

8.3.13.

Creation of a condominium regime and bylaws.

A.

A notice of intent to convert to a condominium complex to all tenants.

B.

A provision for the right of first refusal for existing tenants to purchase their individual units at offered terms or better, at the time of conversion.

C.

Create a council of co-owners.

D.

Provision of covenants, conditions and restrictions subject to approval by the Town legal department.

E.

Items C and D above shall be approved and recorded in the county clerk's office as required by state law prior to the issuance of the certificate of occupancy.

8.3.14.

Fire walls.

A.

The common walls and ceiling of each unit must be constructed of materials of one-hour construction.

B.

The attic space must be firestopped as required by Uniform Building Code.

C.

The above does not waive the area separation wall requirements contained in the Uniform Building Code.