Palmer City Zoning Code
Division 12
Condominiums and Townhouses
§ 9.03.351 Standards for condominium and townhouse development.
(a)
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.
(b)
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;
(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.
(2)
Street access to a condominium or townhouse lot shall be required in order to provide fire protection and sanitation service.
(c)
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 (1/4) 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.
(d)
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 the council.
(e)
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.
(f)
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.
(g)
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.
(h)
Firewalls.
Within each condominium or townhouse complex, a four (4) hour fire-rated firewall shall be placed every four thousand five hundred (4,500) square feet. All such firewalls shall be continuous and unbroken from the foundation slab to the underside of the roof deck and conform to the other requirements for firewalls as outlined in the building code for the city. All other condominium or townhouse unit separation walls shall be of a two-hour rating.
(j)
Parking regulations.
Two (2) off-street parking spaces shall be provided for each condominium or townhouse unit plus one (1) off-street parking space for guest parking for every two (2) units. Each condominium or townhouse should provide a carport or garage that shall have a capacity for two (2) motor vehicles, pickups and vans not exceeding three-quarter ton (3/4 ton) capacity. The additional guest parking spaces shall be placed in groups scattered through the development to accommodate the guests of the homeowners.
(k)
Recreational facilities.
Recreational and community facilities, including community buildings, swimming pools and playground areas, shall be considered in the review of the development plan.
(l)
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.
(m)
Sanitation services.
Sanitation service within each condominium or townhouse development should be provided by any of the following:
(n)
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.
(o)
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 [sic]
(p)
Homeowners’ associations.
(1)
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.
(2)
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 council. 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 of [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 lienholder shall be responsible for collecting such levees 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 999, sec. 12-12-1, adopted 1/18/11)