The R-TH residential townhouse district is composed of primarily townhouses uses, with a generally lower density in comparison to multiple-family dwelling developments on the same acreage. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to generally prohibit activities of a commercial nature. To these ends, development is limited to primarily townhouses and accessory uses, with appropriate design standards and common areas set aside for recreational or other public use. This district is not completely residential as it includes public and semipublic, institutional and other related uses. Townhouse districts may be appropriately located near or intermingled with other compatible types of housing.

(Ord. No. O-22-01, § 6, 1-25-2022)

In the R-TH district, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Townhouses.

(2)

Schools.

(3)

Churches.

(4)

Rest homes.

(5)

Parks, playgrounds and other community or public (non-commercial) recreational uses and structures.

(6)

Home occupations:

a.

Office.

b.

Home occupation child care.

(7)

Off-street parking as required by this chapter.

(8)

Public utilities such as poles, lines, distribution, transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewer facilities, in accordance with a conditional use permit and with other provisions contained in this chapter.

(Ord. No. O-22-01, § 6, 1-25-2022)

The following uses and structures are permitted by special exception in the R-TH district:

(1)

General hospitals.

(2)

Family day care home (large).

(3)

Home professional and trade offices.

(4)

Home occupation in an accessory building.

(Ord. No. O-22-01, § 6, 1-25-2022)

(a)

For lots containing or intended to contain a townhouse use, the minimum lot area shall be 1,500 square feet for an internal lot and 2,250 square feet for an end lot in a row of townhouse units.

(b)

For all other lots other than common areas, the minimum lot area shall be 10,000 square feet.

(Ord. No. O-22-01, § 6, 1-25-2022)

(a)

Minimum front yard setbacks for all structures:

(1)

On arterial roads: 35 feet from the edge of any street right-of-way which is 50 feet or greater in width or 60 feet from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

(2)

On collector roads: 25 feet from the edge of any street right-of-way which is 50 feet or greater in width or 50 feet from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

(3)

On local roads: 15 feet from the edge of any street right-of-way which is 50 feet or greater in width or 40 feet from the centerline of any street right-of-way less than 50 feet in width. This shall be known as the setback line.

(b)

Minimum corner side yard setbacks for all structures:

(1)

On arterial and collector roads: 25 feet.

(2)

On local roads: 15 feet.

(c)

Minimum side yard setbacks for main structures except interior townhouse units: Ten feet, with 25 feet for the total width of the two required side yards.

(d)

Rear yards:

(1)

Minimum rear yard setback of 25 feet for main structures.

(2)

Alleys within common areas maintained by the home owners' association may be provided in place of the minimum rear yard setback. The standards of section 70-766 shall apply.

(e)

No common parking area shall be permitted within the minimum required front yard setback area.

(f)

The minimum separation between any building containing a group of five or more townhouse units and any other townhouse building shall be 30 feet.

(g)

Only one yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, may be improved with a driveway or other impermeable surface intended for parking or for access to a garage or other parking areas.

(h)

Signs advertising the sale or rental of property may be erected up to the property line.

(Ord. No. O-22-01, § 6, 1-25-2022)

(a)

Minimum frontage for a townhouse lot: 20 feet.

(b)

Minimum lot width at the setback line:

(1)

For an internal townhouse lot: 20 feet.

(2)

For an end lot in a row of townhouse lots: 30 feet.

(3)

For all other permitted uses other than common areas: 75 feet, with at least ten feet of additional lot width at the setback line for each additional permitted use.

(c)

Common areas shall be at least five feet in width, with reasonable exceptions allowed by the subdivision agent.

(Ord. No. O-22-01, § 6, 1-25-2022)

The following standards apply to all townhouses developments:

(1)

A site plan is required.

(2)

Developments shall be served by public water and sewer.

(3)

A homeowners' association shall be created to own and operate the common elements of the development.

(4)

Minimum total acreage of development zoned R-TH including lots for principal uses and common areas: ten acres.

(5)

Developments shall consist of at least 24 townhouse units.

(6)

Townhouses shall be constructed in a group of at least three and no more than eight attached units.

(7)

Townhouses in a group shall have varied front setbacks so that no more than three abutting townhouses have the same front yard setback.

(8)

Townhouse lots shall front on public rights-of-way dedicated for public use.

(9)

Provisions shall be made for vehicular access and turn around for emergency vehicles and regularly scheduled public service vehicles such as trash collection.

(10)

A common area shall be provided, equivalent to at least 30 percent of subdivision acreage. Common areas shall not include private roads, alleys, parking areas, and public rights-of-way, except that pedestrian travelways such as sidewalks inside or outside of public rights-of-way may be counted toward required acreage for common areas.

(11)

Within required common areas, a minimum of ten percent of the subdivision acreage, but in no case less than one and one-half acres, shall be provided for recreational facilities, including active recreation, passive recreation, and community buildings, as deemed appropriate during plan review. Unless a phasing plan is approved through preliminary plat review, construction of common areas shall be completed according to the approved plan prior to issuance of building permits for individual townhouse units. An approved phasing plan may include limitations on the issuance of building permits for individual townhouse units.

(Ord. No. O-22-01, § 6, 1-25-2022)

Buildings in a R-TH district may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for a group of townhouses may be increased up to a limit of 45 feet and three stories, provided that there are two side yards for each townhouse structure, with one foot or more of additional side yard added to each side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building such as a school, church, library or hospital may be erected to a height of 60 feet from grade, provided that the required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

All accessory buildings shall be less than the main building on the lot in height.

(5)

Accessory buildings on townhouse lots shall not exceed 15 feet in height.

(Ord. No. O-22-01, § 6, 1-25-2022)

Accessory uses and structures are permitted as defined, provided that:

(1)

No accessory structure may be closer than five feet to any property line, and shall not be located within a front setback or corner side setback area established for a main structure.

(2)

Accessory structures on townhouse lots shall be permitted only in rear yard areas and shall be no larger than ten feet by ten feet in area.

(3)

Accessory buildings attached to a main building shall be considered part of the main building.

(4)

Roof- or ground-mounted small solar energy facilities are considered accessory uses, provided that the solar facility only generates energy for that structure.

(Ord. No. O-22-01, § 6, 1-25-2022)