(a)

The purpose of this article shall be to establish provisions for allowing a broader range of housing types in certain districts within the county. Generally these regulations, together with the subdivision regulations, shall act to control the development of single-family attached dwelling units, designed and constructed so as to allow for the sale of individual lots and units thereon.

(b)

Further, the purpose of this article is to promote the orderly development of this activity and to ensure that this activity is developed in a harmonious manner with surrounding properties and consistent with the general public safety and welfare.

(Code 1997, § 66-766)

(a)

For purposes of this article, a "townhouse project" means a land development project consisting of at least one townhouse structure as defined in subsection (b) of this section and all open space and amenities thereon, if any.

(b)

A "townhouse structure" means a main structure or building consisting of at least three horizontally attached townhouse units as defined in subsection (c) of this section, designed and constructed so as to allow for the sale of the individual townhouse units, including the lot and appurtenances thereon.

(c)

A "townhouse unit" means an individual, attached single-family dwelling unit for the purpose of occupancy and ownership within a townhouse structure as defined in subsection (b) of this section.

(Code 1997, § 66-767)

Cross reference— Definitions generally, § 1-2.

(a)

Townhouse projects shall be allowed in areas served by public water and public sewerage systems in accordance with district permitted use regulations.

(b)

Amenities and other accessory uses, if any, shall conform to the setback, yard and height requirements of the district in which they are to be located.

(Code 1997, § 66-768)

(a)

No building permit shall be issued to a developer of a townhouse project unless and until the requirements of this article, other applicable articles of this chapter, other applicable ordinances of the county, and applicable state statutes are complied with.

(b)

A townhouse structure shall consist of no more than eight townhouse units.

(c)

Individual property lines shall run from the street through the center of the common party walls of attached interior units and continue to the rear lot line. The lots, utilities and other improvements for each townhouse unit shall be designed to permit individual and separate ownership of each lot and dwelling unit thereon.

(Code 1997, § 66-769)

No townhouse project or portion thereof shall have an overall site density greater than one townhouse unit per 6,000 square feet of gross site area.

(Code 1997, § 66-770)

Setback requirements for townhouse structures shall conform to the established setback regulations of the district in which the townhouse project is located.

(Code 1997, § 66-771)

A lot occupied by a townhouse unit shall contain not less than 2,000 square feet.

(Code 1997, § 66-772)

Lot frontage, measured at the setback line for individual townhouse units, shall have a minimum width of 20 feet. Lot width for end units shall be adequate to provide side and rear yards as required by section 66-779.

(Code 1997, § 66-773)

(a)

Each townhouse unit shall have a rear yard of not less than 25 feet.

(b)

Each townhouse structure shall have two side yards of not less than 15 feet each. In no case shall any two townhouse structures be closer than 30 feet.

(Code 1997, § 66-774)

The facades of each unit of a townhouse structure shall be varied by changing front yard depth and utilizing variations in materials or design, so that no more than three abutting townhouse units have the same front yard depth or the same or essentially the same architectural treatment of facades and roof lines.

(Code 1997, § 66-775)

Each townhouse unit shall have an unencumbered access to and from a dedicated public street.

(Code 1997, § 66-776)

Townhouse projects shall have provisions for at least two vehicular off-street parking spaces for each townhouse unit.

(Code 1997, § 66-777)

Townhouse units shall be separated by a common party wall designed to meet the fire protection requirements as set forth in the Virginia Uniform Statewide Building Code, as amended.

(Code 1997, § 66-778)

(a)

In any townhouse project resulting in the creation of any open space and amenities thereon, broadly defined, including but not limited to private streets not dedicated to public use, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the county and in compliance with this article or applicable state statutes.

(b)

In any townhouse project consisting of open space and amenities related to the project in such manner that the condominium act is applicable, the project shall conform with the requirements of that act.

(c)

In any townhouse project consisting of open space and amenities related to the project in such manner that the condominium act is not applicable, the developer shall meet the following requirements:

(1)

Establish a nonprofit entity according to the provisions of the Virginia Nonstock Corporation Act, Code of Virginia, § 13.1-801 et seq., whose membership shall be all individuals or corporations owning residential property within the townhouse project and whose purpose shall be to hold title in fee simple to, and be responsible for the maintenance and upkeep of, such open space.

(2)

Hold title to and be responsible for such open space until such time as conveyance to such a nonprofit entity occurs. Such conveyance shall occur when at least 75 percent of the townhouse units have been sold.

(3)

Provide proper agreements and covenants running with the land and in favor of the citizens of the county, requiring membership in such a nonprofit entity. Such agreements and covenants shall include, among other things, that any assessments, charges and cost of maintenance of the open space shall constitute a pro rata lien upon the individual townhouse lots, inferior in lien and dignity only to taxes and bona fide duly recorded first and second mortgages or deeds of trust on the townhouse lot.

(d)

The administrator shall notify the state real estate commission in writing requesting their determination as to the applicability of the condominium act for all proposed townhouse projects involving open space and amenities.

(e)

All open space shown on the approved site plan is binding as to location and use proposed.

(Code 1997, § 66-779)

A site plan shall be required for any proposed townhouse project. The site plan review process shall be the same as the review process for the subdivision of land in chapter 54.

(Code 1997, § 66-780)

(a)

Townhouse projects in compliance with this article are permitted by right, if public water and public sewerage systems are available, in the A-2 general agricultural district, the village district, the Konnarock district and the R-2 general residential district.

(b)

Townhouse projects in compliance with this article may be permitted by special exception, if public water and public sewerage systems are available, in the SR shoreland recreation district.

(Code 1997, § 66-781)