Glendive City Zoning Code
R-4 MULTIPLE-FAMILY
DWELLING AND TOWNHOUSES
§ 155.105 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TOWNHOUSE. A one-family dwelling unit which is part of a group of three or more such units separated by a common party wall, having no doors, windows or other provisions for human passage or visibility. Each one-family dwelling unit shall be attached by not more than two party walls. Each structure shall have a minimum of three and a maximum of eight units, with each dwelling unit being located on an individual and separately platted lot and building construction subject to applicable fire and Building Codes.
(Prior Code, § 11-3F-1) (Ord. 09-2002, passed 5-21-2002)
§ 155.106 PERMITTED USES.
In R-4 multiple-family dwellings and townhouses, no building or premises shall be used, and no building shall be erected or structurally altered except for one of the following purposes:
(A) All uses permitted in R-1, R-2 and R-3 Districts, as previously stated;
(B) Multiple-family dwellings and apartment houses and townhouses as described in this subchapter;
(C) Signs (subject to the requirements set forth in §§ 155.240 through 155.245); and
(D) Accessory buildings and uses customarily incident to the uses permitted in this district.
(Prior Code, § 11-3F-2) (Ord. 09-2002, passed 5-21-2002)
§ 155.107 TOWNHOUSES PERMITTED.
(A) Permits and processing required. Subject to the provisions of this subchapter, townhouses will be a permitted use upon issuance of building and related permits and processing of any necessary subdivision plats or amended plats.
(B) Location. Townhouses will not be allowed in Single-Family R-1 Districts. In R-3 Multiple-Family Dwelling Districts, townhouses will be allowed only if the project site plan and any necessary plats are approved by the Planning Board and the governing body.
(C) Consideration of applications. Application to construct townhouses in a R-2 One- and Two-Family District shall be considered on the same basis as application for zone change, and all rules, regulations and procedures, including public hearings applying to zone changes shall apply. The Board and governing body shall consider, as a part of their review, the impact on neighborhood integrity, the impact on traffic flow and the impact on utilities in addition to other criteria in review of zone changes. Townhouse development in said district shall only be permitted upon condition of compliance with a site plan reviewed by the Planning Board and adopted by the governing body.
(Prior Code, § 11-3F-3) (Ord. 09-2002, passed 5-21-2002)
§ 155.108 SITE PLAN.
(A) Required; review and approval. Site plan shall accompany every application for a subdivision plat or an amended plat which is proposed for construction of townhouses. If the applicant seeks to locate a townhouse project in an area zoned as R-2 One- and Two-Family Residential, said site plan shall be subject to review by the Planning Board and approval or rejection by the City Council.
(B) Required information. A site plan as referred to in this section shall be prepared at a scale not less than one inch equals 20 feet and must contain, insofar as is applicable, the following information:
(1) Name and address of applicant;
(2) Legal description and boundary lines of property considered for review;
(3) Existing and proposed use of the site;
(4) Names of owners and existing land use of adjacent property;
(5) Location, dimensions and areas of proposed lots;
(6) Location, sizes, heights, dimensions and uses of existing and proposed buildings and improvements;
(7) Location and dimensions of right-of-way, paving, curb and gutter within roadways servicing the townhouse;
(8) Location and description of existing and proposed utilities;
(9) Location and dimensions of curb cuts and access points;
(10) Location, size, dimensions and numbers of off-street parking spaces, including vehicular driveways and type of surface treatments; and
(11) Location and type of existing and proposed landscaping.
(C) Construction agreement. No townhouse project subject to the provisions of this subchapter shall be constructed unless the applicant shall enter into a construction agreement with the City Council agreeing to construct said townhouse project in accordance with the site plan submitted.
(Prior Code, § 11-3F-4) (Ord. 09-2002, passed 5-21-2002)
§ 155.109 STANDARDS AND REQUIREMENTS.
(A) Density. The overall density in a townhouse project shall not exceed the maximum density permitted in R-3 Zoning District nor the maximum allowed by the State Department of Health and Environmental Sciences if such requirements are applicable to the area.
(B) Lot area per unit. No townhouse lot shall contain an area of less than 1,600 square feet and a minimum lot and building width of not less than 20 feet. Any portion of the lot less than 16 feet in width shall not be included in the calculation of the minimum required square foot lot area. The minimum lot width to depth ratio shall not be greater than one to seven (1:7) and shall be based upon that portion of the lot eligible for inclusion in the above mentioned area calculation. The difference in lot area normally required in the specific zoning district and the net land area per townhouse unit shall be incorporated into useable and accessible common space and/or private or common vehicular or parking area.
(C) Dwelling unit access. No two townhouse dwelling units shall be served by the same interior or exterior stairway or by the same exterior door.
(D) Height. Maximum height shall not exceed that allowed for R-1 District.
(E) Size of development site. The minimum size of the site to be developed for townhouse units shall be 7,500 square feet.
(F) Area occupancy. Not more than 50% of the lot area shall be occupied by all buildings.
(G) Townhouse project site. As used in this section a townhouse project site is the entire parcel of land for which individual townhouse units are proposed prior to the creation of any townhouse lots.
(Prior Code, § 11-3F-5) (Ord. 09-2002, passed 5-21-2002)
§ 155.110 SETBACK AND YARD REQUIREMENTS.
(A) Setback variation. No more than two abutting townhouses or townhouse clusters within the townhouse project site shall have a common front building setback. Variations in the setback of front building faces shall be at least four feet.
(B) Front yard setback. No townhouse dwelling unit shall be located closer than 20 feet to the front property line or public right-of-way, or within 15 feet of a private drive, access road or common open parking area to the front or rear of such a dwelling unit. The minimum depth of a front yard shall be the depth required between the property line and the building setback line as required. Townhouses may be arranged on a common open area; such common areas shall be provided for unobstructed access of emergency vehicles.
(C) Rear yard setback. The minimum depth of a rear yard for a dwelling unit shall be 15 feet.
(D) Side yards. The minimum side yard requirement shall be eight feet from any property line of the townhouse project site; if located on the corner of two intersecting streets, then the required setback from the side street shall be ten feet.
(E) Minimum distance between townhouse groups. No portions of a townhouse, accessory structure or other building type in or related to one group or cluster of contiguous townhouses shall be nearer than 15 feet to any portion of a townhouse or accessory structure of another townhouse building or cluster.
(F) Street frontage. Each townhouse project site must have frontage on a public street. Individual lots do not need to front on a public street but must have a minimum of ten feet of access on either a public or private roadway or private drive.
(G) Utilities and services.
(1) Connection. Each individual townhouse unit shall be connected to and served by public water and sewer lines or connected to a central sewer and water system that has been approved by the State Department of Health and Environmental Sciences and the Director of Public Works. Each individual townhouse water and sewer service line shall be independent of service lines serving other townhouse units or structures.
(2) Utility stubs. When townhouse construction is proposed in areas where no utility services are constructed and no paving exists, all utility services shall be designed to provide utility stubs to lots platted for each townhouse unit before paving. No subsequent utility service stubs will be provided to property lines once installation of water and sewer stubs and paving of the street has been completed.
(3) Electrical and telephone lines. All electrical and telephone lines in a townhouse development shall be placed underground.
(4) Access for necessary services. Proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection, and for other necessary services, shall be provided.
(Prior Code, § 11-3F-6) (Ord. 09-2002, passed 5-21-2002)
§ 155.111 PARKING.
(A) Required spaces. A minimum of two off-street parking spaces shall be provided for the residents of each townhouse.
(B) Location. Such parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking area or facility; provided, that no parking space shall be more than 150 feet from the townhouse it is intended to serve. Where one parking space is provided in the front yard, the driveway width shall not exceed 12 feet. Where two parking spaces are provided in the front yard area, the frontage lot width shall be increased to 25 feet and the driveway width shall not exceed 20 feet. To reduce the number of access points to abutting roadways, adjoining driveways along common property lines are encouraged. Where parking in the front yard is allowed, the balance of the front yard area shall be vegetated with live vegetation ground cover.
(Prior Code, § 11-3F-7) (Ord. 09-2002, passed 5-21-2002)
§ 155.112 CURB CUTS.
(A) Number allowed. Not more than one curb cut shall be permitted per two townhouses.
(B) Corner clearance. A minimum corner clearance of 20 feet from property line at uncontrolled intersections and 30 feet from property line at controlled (either signed or signalized) intersections.
(C) Unsafe or hazardous driving conditions. In no case shall any curb cut be permitted which, in the opinion of the Director of Public Works, may cause an unsafe or hazardous driving condition.
(Prior Code, § 11-3F-8) (Ord. 09-2002, passed 5-21-2002)
§ 155.113 STREET RIGHT-OF-WAY WIDTH AND IMPROVEMENTS.
The right-of-way width of private and public streets shall conform to all applicable city standards and requirements for such streets.
(Prior Code, § 11-3F-9) (Ord. 09-2002, passed 5-21-2002)
§ 155.114 MAINTENANCE OF COMMON AREA.
(A) Membership homeowners association.
(1) Provisions satisfactory to the City Council shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayers of the city.
(2) To this end, the incorporation of an automatic membership home owners association created under recorded land agreements will be required for the purpose of continuously holding title to such nonpublic areas and facilities, levying assessments against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas, and facilities may include, but not be limited to, recreational areas, off-street parking bays, private streets, sidewalks, streetlights, special improvement districts and common open and landscaped areas. Such assessments shall be a lien against the property.
(B) Other methods. Other methods may be acceptable if the same positively provides for the proper and continuous payment of taxes and maintenance without expense to the general public. The instrument incorporated such provisions shall be approved by the City Council and shall be recorded in public records of the county.
(Prior Code, § 11-3F-10) (Ord. 09-2002, passed 5-21-2002)
§ 155.115 COMMON OPEN SPACE.
(A) Minimum required. A minimum of 20% of the site to be developed for townhouses shall be provided as common open space except when one townhouse group is proposed.
(B) Landscaping. Fifty percent of said space shall be unencumbered with any structure(s) and any other impervious areas. Said areas shall be landscaped and well maintained with grass, trees and shrubbery.
(C) Maintenance buildings; recreational uses. The remaining 50% may be used only as swimming pools, tennis courts, pedestrian walks, entrance features, recreational buildings, maintenance buildings for common areas and other recreational uses.
(Prior Code, § 11-3F-11) (Ord. 09-2002, passed 5-21-2002)
§ 155.116 ACCESSORY BUILDINGS.
No accessory building shall be erected in any side or front yard. An accessory building may be located in a rear yard and shall occupy not over 25% of the rear yard area.
(Prior Code, § 11-3F-12) (Ord. 09-2002, passed 5-21-2002)
§ 155.117 FIRE SAFETY.
(A) Building layout and fire hydrant location. All buildings proposed to be constructed within any project containing private streets must be so arranged and located that firefighting apparatus can park and reach any building with a 150-foot long hose extending from such equipment. This 150-foot hose length must be measured as the hose is laid on the ground and may not be measured as the aerial radius from said parked equipment. In addition, fire hydrants must be so located and provided within the project boundaries so that 400 feet of fire hose, extending on the ground from the hydrant, can reach the furthermost part of any building within the boundaries of the plat.
(B) Building design. All buildings constructed within any project containing private streets which contain residential dwelling units and have an overall length of 300 feet or more, must be so designed to have one or more open unobstructed walkways through the building at ground level, having a width of not less than five feet to allow ready access by firefighters and police officers and their equipment and other emergency services to each side of such building.
(Prior Code, § 11-3F-13) (Ord. 09-2002, passed 5-21-2002)
§ 155.118 CONVERSION.
(A) Conversion of existing structures. Conversion of existing structures to a townhouse project will be permitted if all townhouse development standards as outlined in this section can be satisfied. Where it cannot be demonstrated by the applicant that the proposed conversion will comply with appropriate subdivision, zoning regulations and Building Codes, the conversion will be disallowed.
(B) Ownership. A townhouse development shall be in a single ownership at the time of development. Further, a legal subdivision plat shall be placed in the public records of the county prior to the issuance of any building permit within such townhouse development.
(Prior Code, § 11-3F-14) (Ord. 09-2002, passed 5-21-2002)