Galax City Zoning Code
ARTICLE VI
Townhouses
§ 160-46 Purpose.
The purpose of these regulations shall be to establish provisions for allowing a broader range of housing types in certain existing or future districts within the City of Galax. Generally these regulations, together with local subdivision regulations,[1] shall act to control the development of single-family attached dwelling units, designed and constructed so as to allow for the sale or rental of individual lots and units thereon. Further, the purpose of these regulations is to promote the orderly development of this activity and to ensure that this activity is developed in a harmonious manner with surrounding properties and consistent with the general public safety and welfare.
§ 160-47 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A land development project consisting of at least one townhouse structure as defined below and all open space and amenities thereon, if any.
A main structure consisting of at least three horizontally attached single-family dwelling units for the purpose of occupancy and ownership, designed and constructed so as to allow for the sale of individual dwellings, including the lot and appurtenances thereon.
An individual attached single-family residence within a townhouse structure as defined above.
§ 160-48 Where permitted.
Townhouse structures shall be allowed by special use permit in areas served by public water and sewage disposal systems, provided that the location lies within the R-3 Districts as designated by the Zoning Ordinance and Map.
§ 160-49 Special use permit.
B.
The special use permit may include allowances for the installation of project amenities and ancillary uses such as swimming pools, tennis courts, on-site sales offices, signs and the like as approved under the site plan review procedures of this article.
§ 160-50 General requirements.
A.
A special use permit for a townhouse project as required in § 160-49A shall be issued by the Zoning Administrator, provided that the requirements of this article are satisfactorily complied with and approved by the Planning Commission.
B.
Prior to the issuance of a special use permit, the developer of a townhouse project must submit a site plan for review in accordance with § 160-61.
C.
No building permit shall be issued to a developer of a townhouse project unless and until the requirements of this article, other applicable articles of this chapter, other applicable ordinances of the Town and applicable state statutes are complied with.
D.
A townhouse structure shall consist of no more than 10 townhouse units.
E.
Individual property lines shall run from the street through the center of the common party wall(s) of attached interior unit(s) and continue to the rear lot line. The lots, utilities and other improvements for each townhouse unit shall be designed to permit individual and separate ownership of each lot and dwelling unit thereon.
§ 160-51 Project density.
A.
The density of a townhouse project shall be generally in compliance with the required density of the district in which it is to be located.
B.
No townhouse project or portion thereof to be located in District R-3 shall have an overall site density greater than one townhouse unit per 3,500 square feet of gross site area.
§ 160-52 Setbacks.
Setback requirements for townhouse structures shall conform to the established setback regulations of the district in which the site is located.
§ 160-53 Area.
A lot occupied by a townhouse unit shall contain not less than 2,000 square feet.
§ 160-54 Frontage.
Lot frontage, measured at the setback line for individual townhouse units, shall have an average minimum width of 20 feet for a townhouse structure, but in no case shall the frontage for a townhouse unit be less than 16 feet. Lot width for end units shall be adequate to provide side and rear yards as required by § 160-55.
§ 160-55 Yards.
§ 160-56 Architectural treatment.
The facades of each unit of a townhouse structure shall be varied by changing front yard depth and utilizing variations in materials or design, so that no more than three abutting townhouse units have the same front yard depth or the same or essentially the same architectural treatment of facades and rooflines.
§ 160-57 Access from street.
Each townhouse unit shall have an unencumbered access from a dedicated public street. This access shall have a right-of-way of no less than 23 feet.
§ 160-58 Off-street parking.
Townhouse projects shall have provisions for at least two vehicular off-street parking spaces for each townhouse unit.
§ 160-59 Common party walls and fire protection.
Townhouse units shall be separated by a common party wall designed to meet the fire protection requirements as set forth in the Virginia Uniform Statewide Building Code, as amended.
§ 160-60 Open space and amenities.
A.
In any townhouse project resulting in a creation of any open space and amenities thereon, broadly defined, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the Town and in compliance with this article or applicable state statutes.
B.
In any townhouse project consisting of open space and amenities related to the project in such manner that the Condominium Act is applicable, the project shall conform to the requirements of that Act.
C.
In any townhouse project consisting of open space and amenities related to the project in such manner that the Condominium Act is not applicable, the developer shall meet the following requirements:
(1)
Establish a nonprofit entity according to the provisions of the Virginia Nonstock Corporation Act, §§ 13.1-203 through 13.1-295, Code of Virginia, 1950, as amended, whose membership shall be all individuals or corporations owning residential property within the townhouse project and whose purpose shall be to hold title in fee simple to and be responsible for the maintenance and upkeep of such open space.
(2)
Hold title to and be responsible for such open space until such time as conveyance to such a nonprofit entity occurs. Such conveyance shall occur when at least 75% of the townhouse units have been sold.
(3)
Provide proper agreements and covenants running with the land and in favor of the citizens of Galax, requiring membership in such a nonprofit entity. Such agreements and covenants shall include, among other things, that any assessments, charges and costs of maintenance of the open space shall constitute a pro rata lien upon the individual townhouse lots, inferior in lien and dignity only to taxes and bona fide duly recorded first and second mortgages or deeds of trust on the townhouse lot. Covenants shall also prohibit the denuding, disturbing or defacing of said open space without prior approval of the Town Council after recommendation by the Planning Commission.
D.
The administrator shall notify the Virginia Real Estate Commission, in writing, requesting its determination as to the applicability of the Condominium Act for all proposed townhouse projects involving open space and amenities.
E.
All open space shown on the approved site plan is binding as to the location and use proposed.
§ 160-61 Site plan review.
A.
The intent of the site plan review is to provide for a review of:
(1)
The project's compatibility with its environment and with other land uses and buildings in the surrounding area.
(2)
The ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians.
(3)
The quantity, quality, use, size and type of project's open space, if any, and the plans for the maintenance and upkeep of said open space.
(4)
The quantity, quality, use, size and type of the project's recreational elements, if any.
(5)
The impacts upon the existing natural environment.
(6)
The proposed landscaping improvements.
(7)
The project's compliance with this chapter and other applicable ordinances of the Town and state.
C.
In addition to the required content of preliminary and final plats as required by the Subdivision Ordinance, the following shall be submitted for site plan review:
(1)
Existing zoning and zoning district boundaries on the property to be developed and on immediately adjacent properties.
(2)
The boundaries of the property involved, all existing property lines, setback lines, existing streets, buildings, watercourses and other existing physical features in or adjoining the project.
(3)
The topography of the project area at contour intervals of two feet.
(4)
The location of all proposed buildings and structures, accessory and main, showing the number of stories and height, dwelling type, outside dimensions and main excavations by proposed use.
(5)
The proposed location and character of nonresidential uses, accessory and main.
(6)
The proposed location, dimensions and use of all proposed open space, other amenities and improvements, if any, and suitable documentation of ownership and responsibility for such open space.
(7)
The proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating the proposed treatment of points of conflict.
(8)
The proposed treatment of the site's periphery, including materials and techniques to be used, such as screens, fences and/or walls.
(9)
The location and screening materials for solid waste containers and other outdoor trash receptacles, showing the area allowed for the turning of trucks.
(10)
The proposed location, dimensions and treatment of required off-street parking facilities for each individual townhouse unit or structure.
(11)
A tabulation of total number of acres in the project and the percentage and acreage thereof proposed to be allocated to townhouse units, any nonresidential uses, off-street parking, open space, streets and other reservations.
(12)
A tabulation of the total number of dwelling units, by type, in the project and the overall project density, in dwelling units per gross acre.
(13)
A schedule exhibiting the time frame for project development and completion.