The purpose of this section is to encourage and regulate the erection of townhouse dwelling units in all districts allowing multifamily dwellings. Townhouses shall be constructed according to design criteria established in this section [article]. Further, it is the intent of this section [article] to provide for several specific types of ownership and development methods.

A townhouse is a single-family dwelling constructed in a series or group of attached units with property lines separating such units.

(a)

Townhouse dwelling units shall be separated from each other by a two-hour fire partition extending from the lowest floor level to the roof, constructed according to the standard building code and having no openings therein. Where a separation between the firewalls is provided, such separation shall be positively sealed in a manner which is permanently watertight and verminproof.

(b)

Not more than ten contiguous townhouses and not fewer than three shall be built in a row with approximately the same, but staggered, front line. The staggering of the units may be singly or in pairs but must be not less than two feet.

(c)

No portion of a townhouse or accessory structure in or related to one group of contiguous townhouses shall be closer than 20 feet to any portion of a townhouse or accessory structure related to another building outside the townhouse area.

(d)

Yard. No front or side yard, as such, is required in connection with any townhouse, except that each end building will have a minimum 25-foot side yard where the development abuts a side street and a minimum ten-foot side yard where the development abuts other property, except where driveways are planned for these areas. Each townhouse unit shall have its own rear yard, private and reasonably secluded from view of the streets or from neighboring property. Such yard shall not be used for any accessory building except storage, carports, and private garages.

(e)

Each townhouse dwelling unit shall have a minimum of two off-street parking spaces.

(f)

Grouped parking facilities. Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to the street or the interior of blocks. No off-street parking space shall be more than 100 feet by the most direct pedestrian route from the door of the dwelling unit it is intended to serve. Common parking facilities for three or more automobiles shall provide space outside the public right-of-way for maneuvering incidental to parking.

(g)

Visibility at access points for automobiles. In addition to the general provisions concerning visibility across portions of corner lots at street intersections, the following requirements apply to all private drives and entrances to or exits from common parking areas. At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge, or other visibility between the height of two feet and ten feet shall be erected, planted, placed, or maintained.

(h)

Sidewalks four feet wide shall be provided for each townhouse development project to provide safe pedestrian access throughout the entire development.

(i)

Private drives are interior circulation roads designed and constructed to carry vehicular traffic from public streets within or adjoining the site to terminal parking areas and service areas. The design and arrangement of private drives shall be subject to review and approval by the planning commission.

(1)

Private drives for ingress and egress to a townhouse development shall be a minimum width of 20 feet for two-way traffic and a minimum width of 12 feet where one-way traffic is planned. Drives shall be paved the full width. An additional eight feet in paved width will be required where parallel parking is planned. Under special circumstances, the planning commission may require more than the above minimum widths. All paving shall meet the design requirements of the South Carolina Department of Highways and Public Transportation and shall be installed and paid for by the developer.

(2)

Concrete curb, approved by the city engineer, shall be required, unless the planning commission shall determine that the curbs are not needed when private drives transverse open areas.

(3)

Angled parking areas directly adjoining private drives shall be permitted on one side of the street at a time only. However, such parking areas may be alternated from one side of the street to the other. The combined length of such parking areas shall not exceed 50 percent of the length of the adjoining roadway. All other angled parking areas must be clearly separated from the private street by at least a barrier island.

(j)

Density. Not more than 12 townhouse units per gross resident an acre shall be permitted.

(a)

No townhouse shall be smaller than 800 square feet.

(b)

Each townhouse building shall have a minimum average width of not less than 16 feet for individual units.

(c)

Private usable open space, such as balconies, sun decks, patios, etc., shall be provided contingent [contiguous] to each dwelling unit. The area of such open space shall not be less than the ten percent of the floor area of the unit served; such square footage may consist of one or more patio areas. Open roof areas and balconies designed and planned for patio purposes may be credited for no more than 50 percent of the required patio area. All patio outdoor living areas for each townhouse unit shall be enclosed by a wall affording adequate screening except where a natural feature or common open area would suggest an exception after review of the site plan. Such a wall shall be of masonry or other material having a life expectancy of not less than ten years and a minimum height of six feet. Such patio areas shall be made a part of the townhouse unit and so stated in the declaration.

Each townhouse shall be independently served by separate heating, air conditioning, sewer, water, electric power, gas, and other facility and utility services whenever such utilities and services are provided; and no townhouse shall be in any way dependent upon such services or utility lines located within another unit or on, or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines, and all electrical and telephone lines in a townhouse development site must be placed underground. Where sewer service is not available, the planning commission shall have the authority to determine the type of waste treatment system to be used. Proper and adequate access shall be provided for firefighting purposes, access to service areas for garbage and waste collection, and for other necessary services.

All exterior garbage containers, incinerators, or other outside storage areas shall be screened by an opaque enclosure of not less than five feet in height.

In group development projects involving townhouses, and in all townhouse projects where more than 20 units are to be constructed, a common area amounting to at least ten percent of the gross townhouse project area shall be provided. No buildings, parking, storage, or other similar uses shall be made of this open space.

Prior to approval of any townhouse project, provisions satisfactory to the City of Hartsville shall be made to ensure that the non-publicly owned areas, common areas, and facilities for the common use of the occupants and/or owners of the townhouses shall be maintained in a satisfactory manner. The instrument incorporating such provisions shall be approved by the city attorney as to form and legal sufficiency, as provided in the provisions of the South Carolina Horizontal Property Act and/or the provisions of this ordinance through deed restrictions or other legal agreements. All townhouse declarations shall require the association to provide exterior building maintenance services and architectural control.

All applicants for townhouses shall submit architectural and site plans, as specified in sections 57 and 85 of the Hartsville Subdivision Ordinance.

(a)

Small scale townhouse projects. All regulations of the subdivision ordinance shall apply except lot size and road requirements in regard to private drives. Drives or streets that are intended for public use or access shall meet the requirements in the subdivision regulations. Minimum lot size shall be 12,500 square feet prior to resubdivision into individual lots of record. After resubdivision, the minimum lot size shall be 1600 square feet and the minimum width shall be 16 feet at the point abutting the public right-of-way.

(1)

Private drives to individual units are prohibited.

(2)

A small scale project may be broken into several sections for the purposes of resubdivision and platting. However, according to South Carolina Act 487 of 1967, the clerk of the county court shall not record a final plat unless the chairman and/or secretary of the planning commission has signed the final plat. One hundred percent of the units within the area to be platted must be constructed, and all requirements of the planning commission and this ordinance must be met for the planning commission to approve the final plat.

(b)

Large scale townhouse projects. This includes projects of one acre or more. As in small scale projects, the subdivision ordinance applies except in the size of lots and roads as stated in [sub]section (a) above.

(1)

Private drives may be permitted by the planning commission, as provided in the general requirements, section I [sic], of this ordinance.

(2)

Minimum lot size prior to resubdivision of the project into lots of record shall be two acres. After resubdivision, the minimum lot size shall be 1800 square feet, and the minimum width shall be 18 feet at any given point.

(3)

A large scale project may be broken into several sections for the purposes of resubdivision and platting. However, according to South Carolina Act 487 of 1967, the clerk of county court shall not record the final plat unless the chairman and/or secretary of the planning commission has signed the final plat. One hundred percent of the units within the area to be platted must be constructed and all requirements of the planning commission and this ordinance must be met for the planning commission to approve the final plat.

(4)

An ownership association shall provide a means for maintenance and upkeep of common areas by assessment of lot owners or some other method to ensure that individual lot owners will be legally obligated to contribute a proportionate cost of the maintenance of the common areas of the project.