The purpose of these regulations is to encourage the appropriate use of land for the development of multifamily housing, taking into consideration the natural amenities of the site. No multifamily dwelling structure or multifamily dwelling project shall be erected or otherwise created except in accordance with the standard set forth in this subchapter, or, where applicable, in accordance with the requirements of Article 27A Mixed-Use Development Projects.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08; Am. Ord. 2018-16, passed 9-4-18)

   For multifamily structures or dwelling projects, no building permit shall be granted for the construction thereof until a land development project application is approved in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

   An application to construct a multifamily dwelling project or structure shall contain, in addition to the items listed on the applicable land development project submission checklist, the following:

   (A)   Computation of projected sewage volumes and sewage flow calculations, along with a letter from the town's Director of Public Works, to be obtained by the applicant, rendering an opinion as to the adequacy of the proposed sewer size, design and the ability of the public sewer system to accept and adequately treat projected volumes and flows.

   (B)   Computation of water usage, along with a letter from the City of Newport Water Department, to be obtained by the applicant, rendering its opinion as to the adequacy of the supply of water and the pressure in the water system to serve the calculated needs of the project.

   (C)   Written comments from the Middletown Fire Department regarding adequacy of fire safety provisions.

   The following standards of development shall apply to all multifamily dwelling structures or projects.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   (A)   In addition to the dimensional regulations provided in § 603, the following provisions will govern the maximum density of residential land use which may be developed in any conventional multifamily dwelling structure or project. Density of townhouses in conservation developments shall be governed by the yield formula in accordance with provisions of Article 19 of this chapter and Article 3 of the Middletown Regulations Regarding the Subdivision and Development of Land.

 

 

   (B)   For the purposes of this chapter, a BEDROOM shall be defined as a room or portion of a room of at least 70 square feet floor area within a dwelling unit allocated to sleeping, dressing and personal care.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)

   (A)   Conventional development.

      (1)   Open space shall be provided in the same lot as the principal building(s) for the use and enjoyment of the residents. Said open space shall be defined as all land area uncovered by buildings or vehicular traffic, maneuvering or parking, including garages. Covered open space may be counted as one-half for required open space area, and includes roofed porches or patios, covered exterior balconies, breezeways, etc., which are open on the sides and closed to the sky.

      (2)   Minimum open space requirements are expressed as a ratio of the area of open space to the total floor area for residential use on the several floors of a multifamily building. The ratio is measured from the faces of the exterior walls, including halls, lobbies, stairways, basements and storage areas, but excluding any floor area for common use of all occupants such as recreation or laundry, and also excluding unused attic space, garages or carports or areas used for major mechanical equipment.

 

 

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)

   (A)   No multifamily dwelling project or structure shall be permitted unless each dwelling unit is serviced by public water and public sewer systems of adequate capacity.

   (B)   All multifamily dwelling projects or structures shall provide for the safe and adequate disposal of surface water runoff as required by Chapter 153 of this code.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   In addition to the requirements of Article 13, the following off-street parking requirements shall apply to multifamily dwelling structures and projects:

   (A)   No off-street parking facility except driveways shall be located closer than 25 feet to any lot line in a multifamily dwelling project, or closer than ten feet to any lot line for a multifamily dwelling structure.

   (C)   All parking areas shall be adequately landscaped and no rows or parking spaces shall exceed 100 feet without a landscape separation of at least ten feet in width. There shall be a separation of at least ten feet between rows.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   (A)   In multifamily dwelling projects, principal buildings shall be separated from any other principal building by a minimum of 50 feet. Where the building walls of two adjacent buildings contain no windows serving habitable rooms, buildings may be separated by not less than 25 feet.

   (B)   No facade of any principal building in any multifamily dwelling project or structure shall exceed 80 lineal feet without a building jog of at least 45 degrees for a building having two wings, or 30 degrees for a building having three or more wings.

   (C)   For townhouses in conservation developments, the minimum distance between any two rows of buildings substantially parallel to each other shall be 100 feet. The minimum distance between two abutting ends of buildings in the same general plane or row shall be 50 feet.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)