§ 58.512. Procedural Requirements.

[A.]

Review process.

1.

Townhomes must follow the procedures for a master plan review as specified under Section 65.331.

2.

If townhomes are a conditional use in the zoning district, in lieu of a master plan, a conditional use permit (CUP) is required per Chapter 65, Part 2D. The zoning districts that require a CUP have a minimum density that is higher than the maximum density for townhome development (at a minimum lot size of 1000 sq. ft. per unit). In order to develop townhomes in these districts, they must be combined with other multifamily uses or non-residential uses on the development site to meet the minimum density or intensity, as described in Section 58.207.

3.

For all townhome development, a subdivision plat establishing fee simple lots is required per Chapter 65, Part 3. The plat must also identify easements, tracts and/or alleys as necessary to provide locations for shared utilities, driveways, and open space. Maintenance agreements for the common areas must also be executed at the time of platting.

[B.]

Developments with Modifications . An applicant proposing a modification from the standards in Part 3B of this Chapter, or the standards described in Section 65.334-1(a), may apply for a Master Plan with Modifications. The following factors will be considered in review of the request:

1.

Neighborhood compatibility.

2.

Site constraints.

3.

Ability to preserve on-site trees or street trees.

4.

Creative architectural design not anticipated by this code.

5.

Ability to provide safe and attractive pedestrian access.

6.

Ability to minimize views of vehicular use areas from the public realm.

7.

Ability to minimize curb cuts and maximize opportunities for street trees and on-street parking.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2010-31, § 1, 8-30-2010, Doc. #1008301109; Ord. No. 2018-44, § 4, 9-4-2018, Doc. #1809041202)