Article 24 — Residential Clustered Housing Development Standards

* Article 24 entitled "Condominium Developments," consisting of Sections 9-4.2401 through 9-4.2403, codified from Ordinance No. 363, repealed by Section I, Ordinance No. 356-C.S., effective December 8, 1982.

(a)

It is the express intent of the City to apply the regulations set forth in this article to clustered housing developments, including, but not limited to, condominiums, community apartments, stock cooperatives, zero lot line projects, and similar developments, because the permanent ownership or interest in individual attached dwelling units, or the airspace occupied thereby renders such developments, essentially different in nature from detached housing and from developments or buildings in which dwelling units are rented or leased.

(b)

This article does not apply to the following Zoning Districts (see Article 54 Higher Density Residential and Higher Density Mixed Use Districts for applicable standards):

(1)

Multiple-Family Residential District R-30

(2)

Multiple-Family Residential District R-40

(3)

Multiple-Family Residential District R-50

(4)

Multiple-Family Residential District R-60

(5)

Mixed-Use District MU-30

(6)

Mixed-Use District MU-40

(7)

Mixed-Use District MU-50

(8)

Mixed-Use District MU-60

(9)

Mixed-Use Institutional District MU-I-30

(10)

Mixed-Use Institutional District MU-I-40

(11)

Mixed-Use Institutional District MU-I-50

(12)

Mixed-Use Institutional District MU-I-60

(§ II, Ord. 356-C.S., eff. December 8, 1982; § 6(Exh. A, § 14), Ord. No. 902-C.S., eff. September 24, 2025)

(a)

General regulations. Regulations governing the density, use, building height, building site area, minimum unit size, required yards, building separation, signs, and other explicit regulations, where applicable and where not governed by the provisions of this article, shall be those of the district within which the development is located.

(b)

Usable open space. The minimum required usable open space, exclusive of all structures, shall contain an area having a slope of not more than ten (10%) percent and a minimum area per unit as follows:

(1)

Townhouses: 750 square feet per unit; and

(2)

All other forms of clustered housing: 450 square feet per unit.

(c)

Private open space. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 150 square feet, except that a studio or one-bedroom unit shall be allowed to have a minimum area of 130 square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least one duplex weatherproofed electrical convenience outlet and shall have a shape and size which would allow for optimal usable space. Such space shall be at the same level as, and immediately accessible from, a room within the unit.

(d)

Rights-of-way. The rights-of-way, and improvements thereon, for all streets, whether to be public or private, shall be approved by the Commission and Council.

(e)

Separation from other structures. The main structures of any development in which residential uses are proposed shall be separated from any other main structure on the same lot by at least ten (10′) feet.

(f)

Side yard setbacks. The side yard setbacks of any residential main structure on any corner lot or group of lots contiguous to a corner lot under the same development on a public street shall be ten (10′) feet if the depth of the side yard is 100 feet or less and fifteen (15′) feet if the depth of the side yard is over 100 feet.

(g)

Trash storage areas. Trash storage areas shall be provided and shall be contained within each unit, within the lot lines of the property, or enclosed in the common area.

(h)

Laundry facilities. A laundry area shall be provided within each unit or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five (5) units.

(i)

Television and radio antennas. Exterior individual television and radio antennas shall be prohibited on the outside of the owners' units. A central antenna with connections to each unit via underground or internal wall wiring shall be provided, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the City.

(j)

Private storage space. In addition to guest, linen, food pantry, and clothes closets customarily provided, each unit within the project shall have at least 200 cubic feet of enclosed, weatherproofed, and lockable private storage space. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of twenty-five (25) square feet, and a minimum interior dimension of three and one- half (3 ½′) feet by six (6′) feet or, if a walk-in type, shall have a minimum clear access opening of two and one-half (2 ½′) feet by six and two-thirds (6 ⅔′) feet.

Such space may be provided within the garage area if neither the space nor the doors leading thereto encroach upon any required parking space. The location and the precise architectural treatment of such space shall be reviewed and approved by the Commission to ensure that such areas are safe, convenient, and unobtrusive to the functional and aesthetic qualities of the act.

(k)

Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

(l)

Utilities: Location and metering.

(1)

Location. Each dwelling unit shall be served by water, gas, and electric services completely within the lot lines or ownership space of each separate unit. No common water, gas, or electrical connections or services shall be allowed, and each dwelling unit shall be separately metered for each service. Easements for water, gas, and electric lines shall be provided in the common ownership area where lateral service connections shall take place.

(2)

Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.

(m)

Parking regulations. See Article 28 of this chapter.

(§ II, Ord. 356-C.S., eff. December 8, 1982, as amended by § 1, Ord. 410-C.S., eff. July 25, 1984, and § VIII (A), Ord. 491-C.S., eff. October 28, 1987)

(a)

Use permits and site development permits shall be required for clustered housing developments, except that projects proposed in the Planned Development District (P-D) may comply only with the P-D District regulations.

(b)

Applications for such permits for clustered housing developments shall be accompanied by the following:

(1)

A map to a workable scale, showing the site in relation to surrounding property, existing roads, and other existing improvements;

(2)

A site plan showing the proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping, and the boundaries of the project;

(3)

A copy of the tentative subdivision map;

(4)

Floor plans, elevations, and sections of all proposed buildings and structures; and

(5)

Any information deemed necessary or desirable in assisting the Commission in its determinations for the approval of the use permit and the conditions thereof.

(c)

In addition to the findings required for the approval of a use permit and site development permit, the following additional findings shall be made for proposed clustered housing developments:

(1)

For projects in low density areas, that the privacy of nearby residences will not be reduced to an extent which exceeds that which would normally be reduced by conventional single-family dwellings; and

(2)

That the architectural features of proposed structures will be integrated harmoniously into the design character of the immediate neighborhood.

(§ II, Ord. 356-C.S., eff. December 8, 1982, as amended by VIII (B), (C), (D), and (E), Ord. 491-C.S., eff. October 28, 1987)