It is the intent of this section that townhouses, in areas where they are permitted, may be appropriately intermingled with other compatible types of multifamily housing. They shall constitute groupings of not less than three, nor more than ten, efficient, economical, comfortable and convenient arrangements of buildings and yards. Townhouse development shall meet the requirements of the town subdivision ordinance (Chapter 40 of this Code) and of the underlying zoning district, except as otherwise provided for within this article.

(Code 1972, § 30-149; Code 1992, § 30-171; Ord. of 6-20-1989; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-149, 9-7-2004)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Common area. If a townhouse development includes common areas in addition to the townhouse lots, the common areas shall be maintained by, and be the sole responsibility of, the developer-owner of the townhouse development until such time as the developer-owner conveys such common area to a nonprofit corporate owner whose members shall be all of the individual owners of the townhouses in the townhouse development. Said land shall be conveyed to, and be held by, said nonprofit corporate owner solely for recreational and parking purposes of the owners of the individual townhouse lots in the development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions and covenants shall provide, among other things, that any assessments, charges for cost of maintenance of such common areas shall constitute a pro rata lien upon the individual townhouse lots. Maintenance to townhouse exteriors, lawns, special lighting and drainage shall be provided in a manner so as to discharge any responsibility for the town.

Lot, townhouse corner, means a townhouse end lot within a development abutting properties not part of the overall townhouse development, or a townhouse lot on the corner of two intersecting streets.

Lot, townhouse end, means an interior lot containing the end townhouse dwelling within a structure containing a group of townhouse units.

Lot, townhouse interior, means any lot other than a townhouse end or corner lot.

Townhouse means one of a series of from three to ten attached single-family dwellings designed to be offered for lease or sale as a unit, separated from one another by continuous vertical walls without openings from foundation through the roof. The lots or assigned land area, utilities and other improvements for each townhouse may be designed to permit individual and separate ownership of such lots and dwelling units.

Townhouse group structure means the structure containing a series of from three to ten townhouses.

(Code 1992, § 30-172; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-150, 9-7-2004)

Townhouses shall be permitted in the residential zoning district known as Multiple-Family Residential, R-3 district, as defined in this chapter.

(Code 1972, § 30-151; Code 1992, § 30-173; Ord. No. 2004-4, § 30-151, 9-7-2004)

The minimum lot area for a townhouse shall be 1,800 square feet. The maximum density of townhouses shall be ten units per gross acre.

(Code 1972, § 30-152; Code 1992, § 30-174; Ord. No. 2004-4, § 30-152, 9-7-2004)

(a)

The minimum setback from any public street right-of-way shall be 30 feet and the minimum building setback from any common area shall be ten feet. The full facades of individual townhouse units within a townhouse group structure shall be varied by changed front yard setbacks and variations in materials or designs so that no more than two abutting townhouses will have the same front yard setback. Variation in setback shall be at least three feet.

(b)

The front yard shall contain a minimum of 20 percent greenspace or landscaped area for all common areas and each individual townhouse lot. For individual townhouse lots, the greenspace or landscaped area in the front yard shall be maintained at a ratio of 20 percent for each dwelling unit on each lot. For this purpose, corner lots shall be deemed to contain a minimum of 20 percent greenspace or landscaped area in each yard fronting a public street.

(c)

Structural projections into the minimum required front yard shall be permitted in accordance with section 42-15, except that structural projections other than overhanging eaves and gutters shall not be permitted into yards adjoining common area as required by this section.

(Code 1972, § 30-153; Code 1992, § 30-175; Ord. of 9-5-1995; Ord. No. 2002-2, 3-5-2002; Ord. No. 2004-4, § 30-153, 9-7-2004; Ord. No. 2012-6, § 30-175, 6-19-2012; Ord. No. 2020-4, 1-12-2021)

(a)

The minimum lot width at the setback line shall be 18 feet for a townhouse interior lot, 30 feet for a townhouse end lot and 40 feet for a townhouse corner lot.

(b)

Lots need not abut or adjoin a public street right-of-way, provided vehicular or pedestrian access is provided to a public street right-of-way through a perpetual unobstructed paved easement or parking area of at least 30 feet in width for vehicular access. These easements shall be in addition to side yard requirements set forth in section 42-597. Other access designs may be approved by the administrator with consideration being given to overall site conditions and traffic patterns in keeping with article XXI, Site Plan Review.

(Code 1972, § 30-154; Code 1992, § 30-176; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-154, 9-7-2004; Ord. No. 2012-6, § 30-176, 6-19-2012)

The minimum side yard setback for each townhouse end lot interior to the townhouse development shall be ten feet for the end residence within each townhouse group structure and the minimum side yard for townhouse corner lots not adjoining a side street shall be 20 feet. See section 42-15 for special regulations pertaining to structural projections into the minimum required side yard. An accessory building not exceeding 100 square feet, not exceeding 12 feet in height and not located within any easement or right-of-way may be constructed in any side yard, provided it is located at least three feet from all property lines and no closer to the front than the townhouse structure.

(Code 1972, § 30-155; Code 1992, § 30-177; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-155, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2020-4, 1-12-2021)

There shall be a minimum rear yard of 20 feet or more on all lots. Rear yards shall be screened with a privacy type fence or wall of seven feet minimum height and extending not less than 12 feet from the rear building wall. See section 42-15 for special regulations pertaining to structural projections into the minimum required rear yard. An accessory building not exceeding 100 square feet, not exceeding 12 feet in height and not located within any easement or right-of-way may be constructed in any rear yard, provided it is at least three feet from all property lines.

(Code 1972, § 30-156; Code 1992, § 30-178; Ord. of 6-20-1989; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-156, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2020-4, 1-12-2021)

The maximum height of all townhouses shall be limited to 35 feet above street grade or lot grade at the setback line, whichever is greatest.

(Code 1972, § 30-157; Code 1992, § 30-179; Ord. of 9-5-1995; Ord. No. 2004-4, § 30-157, 9-7-2004)

Each townhouse shall be structurally separated from adjacent townhouses, as required by all applicable state and/or local fire and building regulations.

(Code 1972, § 30-158; Code 1992, § 30-180; Ord. No. 2004-4, § 30-158, 9-7-2004)

(a)

Required off-street parking spaces of at least two spaces per townhouse shall be provided on the individual lots or within a common parking area maintained by the nonprofit commons association or the developer-owner, as described in sections 42-592 and 42-596. Parking lots shall have a minimum setback of 15 feet from any street right-of-way.

(b)

No individual townhouse driveway shall have direct access onto a public through street, or street serving properties, other than within the development. Such direct access determination shall be made by the administrator in consultation with the town engineer and appropriate highway and street reference sources.

(Code 1972, § 30-159; Code 1992, § 30-181; Ord. of 6-20-1989; Ord. of 9-5-1995; Ord. No. 2002-2, 3-5-2002; Ord. No. 2004-4, § 30-159, 9-7-2004)

Whenever any townhouse is proposed by a developer, and before any permit for the erection of a townhouse shall be granted, the developer, or his agent, shall apply, in writing, to the agent for the approval of the townhouse plat and submit three copies of the plat, including the lot, street and utilities layout to a scale of not less than one inch equals 50 feet. No townhouses shall be sold until a final plat for the townhouse development shall have been approved by council and recorded in the office of the clerk of the county within 60 days after notification of final approval by the agent; otherwise, the approval shall become invalid.

(Code 1972, § 30-160; Code 1992, § 30-182; Ord. No. 2004-4, § 30-160, 9-7-2004)