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La Feria City Zoning Code

§ 24

STANDARDS FOR CONDOMINIUM AND TOWNHOUSE DEVELOPMENT.

Development of condominium and/or townhouse projects shall be considered within the scope of the “PD” Planned Development zoning classification, thereby providing flexibility in planning and design, and allowing the application of innovative and creative development concepts.
The following standards are set forth as guidelines for the preparation of a development plan as required for “PD” Districts which incorporate condominium and/or townhouse development. Consistent with the intent of the “PD” District, these standards may be modified as may serve the best interests of the community upon approval of the development plan.
(1) 
Condominium and Townhouse Lots
The following minimum requirements should apply to each lot used for condominium or townhouse development:
(a) 
Area of Lot - Three thousand (3,000) square feet;
(b) 
Depth of Lot - One hundred feet (100'), except where the lot backs up to a freeway, expressway, or thoroughfare, in which case the minimum depth of lot shall be one hundred ten feet (110');
(c) 
Width of Lot - Twenty-five feet (25');
(d) 
Front Yard Setback - Twenty-five feet (25'); and
(e) 
Exterior Side Yard - Where a side lot line abuts a street, a side yard of fifteen feet (15') shall be required.
Street access to a condominium or townhouse lot shall be required in order to provide fire protection and sanitation service.
(2) 
Spacing Between Buildings
Dwelling units should be in groups of not less than three (3) condominium or townhouse units nor more than seven (7) units; but in no event should more than one quarter of the total building groups contain eight (8) condominiums or townhouses. The total length of any one group of units should not exceed an overall length of two hundred twenty-five feet (225'). There shall be a minimum space of thirty-six feet (36') between building groups and fifteen feet (15') between the end of a building and a street, private drive or alley.
(3) 
Open Space
Not less than forty percent (40%) of the total gross land area shall be open space or permanent landscaped areas. Such open space shall be used exclusively for the purpose of installation of recreational facilities and green or landscaped areas. Floodplains, or any standing surface water, other than swimming pools, may be considered open space if specifically approved by council.
(4) 
Density
The average density of condominium or townhouse units should not exceed eight (8) units per acre. The density is to be computed by taking the gross land area of each tract and dividing the total number of dwelling units within the tract.
(5) 
Living Area in Each Condominium or Townhouse Unit
The minimum living area for a one bedroom condominium or townhouse unit shall be nine hundred (900) square feet; two (2) or more bedroom units shall have a minimum of one thousand (1,000) square feet living area, exclusive of garages, breezeways, patios and porches.
(6) 
Exterior Fire Resistant Construction
All main buildings shall be of exterior fire resistant construction having at least eighty percent (80%) exterior walls constructed of brick, brick veneer, stone, stone veneer or other masonry, or materials of equal characteristics, or as approved in the review of the development plan.
(7) 
Fire Walls
Within each condominium or townhouse complex, a four (4) hour fire-rated fire wall shall be placed every four thousand five-hundred (4,500) square feet. All such fire walls shall be continuous and unbroken from the foundation slab to the underside of the roof deck and conform to the other requirements for fire walls as outlined in the building code for the city. All other condominium or townhouse unit separation walls shall be of a two hour rating.
(8) 
Utilities.
All utilities shall be placed underground, except installations aboveground shall be permitted when approved by the city commission under the following circumstances:
(a) 
Aboveground installations of transformers;
(b) 
Where utility lines cross a major drainage channel or depression of such depth as to make underground installation impractical; and
(c) 
At the point where the utility enters the development.
(13) 
[sic]Screening
In the event that a condominium or townhouse development backs up or sides upon single family residential districts, except a mobile home district, a solid fence, wall or hedge of not less than six feet (6) shall be erected or placed, grown and maintained along the property line separating the two districts. However, no such screening fence shall be erected so as to obstruct the vision of motorists at alley, street or drive intersections.
(14) 
[sic]Construction Requirements
All streets, parking areas, access drives, sidewalks and drainage structures constructed on private or public property shall be approved by the city and constructed in accordance with the city’s subdivision regulations.
(15) 
[sic]Homeowners’ Associations
Where any condominium or townhouse development plan proposes the reservation of land or structure in common ownership for recreational, parking, landscape or open space use or for any other use, or private streets are proposed, a homeowners’ association shall be required for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common.
A homeowners’ association shall be established by the developer for the purpose of control over the private facilities of the project. Preliminary bylaws, restrictions and other covenants shall be submitted with the application for zoning or site plan approval. Prior to issuance of building permits, a final homeowners’ association must be approved by the city commission. The responsibility and control of the homeowners’ association shall be with the developer until such time that eighty percent (80%) of the dwelling units are occupied. The homeowners’ association must include, but not necessarily be limited to, the following requirements:
(a) 
Mandatory membership from all residents and owners in the association;
(b) 
A system for payment of association dues to be collected with mortgage payment;
(c) 
Provisions for enforcement of the rules and regulations within the development and association;
(d) 
Deed restrictions pertaining to size, architectural style and type of building materials used in the construction of dwelling units and other buildings erected on the site;
(e) 
Provisions for the construction, maintenance and repair of all open land, buildings, facilities and improvements determined to be private or common as established by the site plan;
(f) 
Provisions for storage and control of boats, campers, old automobiles and other items considered to be unsightly;
(g) 
In the event the approved association does not perform its specified responsibilities or fulfill its obligations as specified in the homeowners’ association, or is [sic]
(16) 
Parking Regulations
Off-street parking requirements shall be in accordance with the parking schedule found in Section 23 hereof. Such off-street parking shall be enclosed by a garage or covered by a carport. Additional guest parking spaces shall also be placed in groups scattered through the development to accommodate the guests of the homeowners.
(17) 
Recreational Facilities
Recreational and community facilities, including community buildings, swimming pools and playground areas, shall be considered in the review of the development plan. The maintenance liability of such recreational facilities shall be assumed by a Homeowner’s Association.
(18) 
Recreational Vehicles and Equipment
Adequate storage areas for the storage of recreational vehicles and equipment shall be considered in the review of the development plan.
(19) 
Sanitation Services
Sanitation service within each condominium or townhouse development should be provided by any of the following:
(a) 
Stationary compaction system provided the homeowners’ association is responsible to own, collect, and place the trash into the compactor;
(b) 
Plastic bag or can system; and/or
(c) 
Trash container system.
(20) 
Screening
In the event that a condominium or townhouse development backs up or sides upon single family residential districts, except a mobile home district, a solid fence, wall or hedge of not less than six feet (6) shall be erected or placed, grown and maintained along the property line separating the two districts. However, no such screening fence shall be erected so as to obstruct the vision of motorists at alley, street or drive intersections.
(21) 
Construction Requirements
All streets, parking areas, access drives, sidewalks and drainage structures constructed on private or public property shall be approved by the city and constructed in accordance with the city’s subdivision regulations.
(22) 
Homeowners’ Associations
Where any condominium or townhouse development plan proposes the reservation of land or structure in common ownership for recreational, parking, landscape or open space use or for any other use, or private streets are proposed, a homeowners’ association shall be required for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common.
A homeowners’ association shall be established by the developer for the purpose of control over the private facilities of the project. Preliminary bylaws, restrictions and other covenants shall be submitted with the application for zoning or site plan approval. Prior to issuance of building permits, a final homeowners’ association must be approved by the city commission. The responsibility and control of the homeowners’ association shall be with the developer until such time that eighty percent (80%) of the dwelling units are occupied. The homeowners’ association must include, but not necessarily be limited to, the following requirements:
(a) 
Mandatory membership from all residents and owners in the association;
(b) 
A system for payment of association dues to be collected with mortgage payment;
(c) 
Provisions for enforcement of the rules and regulations within the development and association;
(d) 
Deed restrictions pertaining to size, architectural style and type of building materials used in the construction of dwelling units and other buildings erected on the site;
(e) 
Provisions for the construction, maintenance and repair of all open land, buildings, facilities and improvements determined to be private or common as established by the site plan;
(f) 
Provisions for storage and control of boats, campers, old automobiles and other items considered to be unsightly;
(g) 
In the event the approved association does not perform its specified responsibilities or fulfill its obligations as specified in the homeowners’ association, or is declared nonexistent for any reason, the city shall have the right to levy special assessments against the property on a pro-rata basis for the cost of maintenance or the cost of correcting any such condition for which the association was responsible and the lien holder shall be responsible for collecting such levies and assessments and transmitting such funds to the city; and
(h) 
Such other provisions as deemed appropriate to secure a sound and stable association.
(Ordinance 2008-03 adopted 1/10/08)