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HomeMy WebLinkAboutOrdinance 78- 1006, Adds Ch. 18.76, townhouse development ORDINANCE NO. 1006 AN ORDINANCE AMENDING THE BOZEMAN MUNICIPAL CODE TO INCLUDE A SECTION TO BE KNOWN AS CHAPTER 18.76 RELATING TO TOWNHOUSE DEVELOPMENT STAN- DARDS. wit: Be it ordained by the City Commission of the City of Bozeman, Montana, as followed, to SECTION 1 That Chapter 18.76 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 18.76.010 Purpose and Intent It is the purpose and intent of this section to accommodate various types of unique and innovative housing forms which are usually based upon a concept of reducing the area of individually owned lots and grouping such lots together to more efficiently utilize the total space within the subdivision by creating common open spaces, scenic and recreational areas, and other spaces which would compensate for the reduction of land area contained within the individually owned lot. The following standards have been developed and apply to a variety of such attached and semi-detached single family housing forms including, but not limited to, townhouses, or any other similar desig- nation. All other provisions contained in the Bozeman Zoning Code are applicable to these types of housing forms unless specifically noted herein. Specifically, this section is designed to allow the grouping of separately owned one- family dwelling units into a group of townhouses in such a manner as to make efficient, economical and aesthetically pleasing use of land so restricted that the same will be continually well maintained in order to preserve the health, welfare, safety and con- venience of the surrounding neighborhood and insure a reasonable amount of open space and architectural variety. 18.76.020 DEFINITIONS These definitions shall be in addition to the definitions set forth in Chapter 18.06 and shall apply solely to townhouse developments. Townhouse - As used in this ordinance, a townhouse is a one-family dwelling unit which is part of a group of two or more such units separated by a common party wall, having no doors, windows, or other provisions for human passage or visibility. Each one-dwelling unit shall be attached by not more than two (2) party wall. Where units are offset from one another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset. A townhouse is a Planned Unit Development as set forth in Section 18.75. Townhouse Group - A cluster or grouping of townhouse units containing not less than two nor more than six individual townhouse dwelling units contiguous to one another. Density - The overall density in a townhouse project shall not exceed the max- imum density permitted within the zoning district in which the development is loca- ted unless otherwise provided for under the density bonus provisions of the Planned Unit Development section of this ordinance. Lot Area for Each Townhouse Unit - No townhouse lot shall contain an area of less than 1,600 square feet and a minimum lot and building width of not less than twenty (20) feet. The difference in lot area normally required in the specific zoning district per dwelling unit (exclusive of efficiency units) and the net land area per townhouse unit shall be incorporated into useable and accessible common open space and/or private or common vehicular or parking area. Townhouse Project Site - As used in this ordinance, a townhouse project site is the entire parcel of land for which individual townhouse units are proposed prior to the creation of any townhouse lots. Development Districts - Townhouse development shall be allowed in the R-3, R-4, R-5 and R-O zoning districts. Unit Size - Every townhouse dwelling unit shall have a minimum gross floor area equal to that required in the specific zoning district in which the townhouse unit is proposed (excludes efficiency units) . Height - The maximum height for any townhouse shall not exceed that allowed in the district in which the development is located. Dwelling Unit Access - No two townhouse dwelling units shall be served by the same interior or exterior stairway or by the same exterior door. ORDINANCE NO. 1006 457 458 Size of Development Site - The minimum size of the site to be developed for townhouse units shall be 5,000 square feet. Setback and Yard Requirements Setback Variation - No more than two abutting townhouses or townhouse clus- ters within the townhouse project site shall have a common front building setback. Variations in the setback of front building faces shall be at least four (4) feet. Right-of-Way Setback - No townhouse dwelling until shall be located closer than twenty-five (25) feet from any public right-of-way nor within fifteen (15) feet from a private drive, access road, or common open parking area to the front or rear of such a dwelling unit. Front Yard Requirements - Each individual townhouse lot shall have a front yard of fifteen (15) feet. The City Commission may allow enclosure of front yard space if the design provides for this feature. Townhouses may be arranged to face onto a common open area, such a common area shall be provided for unobstructed access of emergency vehicles. With such an arrangement, the front yard require- ment as part of the individual townhouse lot may be reduced to ten (10) feet. Rear Yard Requirements - The minimum rear yard requirement shall be fifteen (15) feet to the rear property line. Private Yard Area - Every lot containing a townhouse must provide a private yard of at least 320 square feet, oriented to either the building front, rear, or side, enclosed visually by fences or walls at least five (5) feet in height or plantings to screen first level views from adjacent units. Side Yard Requirements - The minimum side yard requirement shall be eight(8) feet from any property line of the townhouse project site. Minimum Distances Between Townhouse Groups - No portion of a townhouse, acces- sory structure, or other building type in or related to one group or cluster of contiguous townhouses shall be nearer than fifteen (15) feet to any portion of a townhouse or accessory structure of another townhouse or accessory structure of another townhouse building or cluster. Street Frontage - Each townhouse project site must have a frontage on a pub- lic street. Individual lots need not front on a public or private street but may face upon common open areas subject to the parking distance factor contained in Article 18.76.020. Utilities and Services - All townhouses must be connected to public water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for fire-fighting purposes and access to service areas to provide garbage and waste collection,a nd for other necessary services, shall be provided. Parking - A minimum of two off-street parking spaces shall be provided for the residents of each townhouse. Such parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking bay or facility; provided that, no parking space shall be more than one hundred (100) feet, by the most direct pedestrian route, from the door of the townhouse it is intended to serve. Where one parking space is provided in the front yard area, the front setback of the building shall be a minimum distance of twenty-five (25) feet from public right-of- ways or a minimum distance of twenty (20) feet from private streets or access drives, with driveway width not to exceed twelve (12) feet. Where two parking spaces are provided in the front yard area, the frontage lot width shall be increased to thirty (30) feet and the front setback of the building shall be a minimum distance of twenty- five (25) feet from public right-of-ways or a minimum distance of twenty (20) feet from private streets or access drives. Driveway widths shall not exceed twenty (20) feet. In all cases where parking in front yard area is allowed, the balance of the front yard area shall be landscaped with live vegetative ground cover. Curb Cuts - A minimum distance of fifty (50) feet shall be maintained between all curb cuts. Not more than one curb cut shall be permitted per two townhouses. A minimum corner clearance shall be fifteen (15) feet from property line at uncontrolled intersections and thirty (30) feet from property line at controlled (either signed or signalized) intersections. For those recreation buildings held in common, there shall be a minimum of one parking space per 100 square feet of floor area, excluding locker rooms and bath houses. In no case shall any curb cut be permitted which, in the opinion of the City Engineer, may cause an unsafe or hazardous driving condition. Ingress/Egress - No townhouse shall be constructed so as to provide direct veh- icular ingress or egress to any controlled access highway, major thoroughfare, art- erial or collector street as established in the adopted Master Plan. Street Right-Of-Way Width and Improvements - The right-of-way width of public streets and private streets serving a group of townhouses and the improvements therein shall conform to all applicable City of Bozeman standards and requirements for such streets. ORDINANCE NO. 1006 Maintenance of Common Area - Provisions satisfactory to the City Commission shall be made to assure that non-public areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such oc- cupants, shall be maintained in a satisfactory manner without expense to the gen- eral taxpayers of the City of Bozeman. To this end, the incorporation of an auto- matic membership home association created under recorded land agreements will be required for the purpose of continuously holding title to such non-public areas and facilities, and levying assessments against each townhouse lot, whether im- proved or not, for the purpose of paying the taxes and maintaining such non-public areas and facilities may include but not be limited to, recreational areas, off- street parking bays, private streets, sidewalks, street lights and common open and landscaped areas. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a per- iod of not less than ten years. Other methods may be acceptable if the same pos- itively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporated such pro- visions shall be approved by the City Commission, and shall be recorded in the pub- lic records of Gallatin County if satisfactory to the City Commission. In the event that this or a similar entity fails to maintain the common area in accordance with the landscaping plan approved by the City Commission, or should the entity fail to maintain the common area in a reasonable condition and state of repair, the determination of such failure to be made by the Building Inspector or Planning Director, the City Commission, may at its option through its own agents or by independent contractor, enter the common area for purposes of maintenance thereof, together with an additional charge of twenty-five percent (25%) of said costs for management fees, such costs to constitute a lien upon each and every lot in the project. Common Open Space - A minimum of thirty percent (30%) of the site to be dev- eloped for townhouses shall be provided as common open space where lot sizes will be reduced below the single family lot area requirement in the district for which the townhouse project is proposed. Fifty percent (50%) of said space shall be unencum- bered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery. The remaining fifty percent (50%) may be used only as swimming pools, tennis courts, shuffle boards, pedestrian walks, en- trance features, recreation buildings, maintenance buildings for the common areas, and other recreational uses. Compensating Common Open Space Required - In those instances where the proposed lot has a gross area of less than the per unit lot area requirement of the specific zoning district, compensating common open space must be established and provided with- in the project site. Compensating open space also allows the individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an op- portunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topographic features which may be pre- sent on the tract being subdivided. Limitations, Courtyards - Compensating open spaces are to be considered to be only those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports or garages or driveways thereto or streets either public or private. Courtyards which are designed to provide primary access from groups or clusters of lots or building sites adjacent to public strrets must have an average width between the fronts of such lots or buildings of 15 feet with a minimum of such distance being not less than 10 feet. The length of such courtyards should not be more than 100 feet, extending away from the public street which such courtyard must open on to. Accessory Buildings - No accessory building shall be erected in any side or front yard. An accessory building may be located in a rear yard and shall occupy not over twenty-five percent (25%) of the rear yard area and shall be set back at least ten feet from any alley or rear service street line. Street System - A well-defined system shall be designed to allow free movement throughout the development while discouraging excessive speeds, and shall structure the development in clearly defined clusters and/or groups of townhouses. Where dwelling units are located on residential service streets or courts, the street system must be designed to discourage all traffic except that of owner/occupants, their guests, and their services. Architectural Treatment - In any townhouse division, architectural treatment shall be as follows: The facades of townhouses in a group shall be varied by changed front yard setbacks and variation in materials or design so that no more than two abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines. Building Layout, Fire Hydrant Location - All buildings proposed to be constructed within any project containing private streets must be so arranged and located that fire fighting apparatus can park and reach any building with a 150 foot long hose extending ORDINANCE NO. 1006 459 460 from such equipment. This 150 foot hose length must be measured as the hose is laid on the ground and may not be measured as the aerial radius from said parking equipment. In addition, fire hydrants must be so located and provided within the project boundaries ` so that 400 feet of fire house, extending on the ground from the hydrant, can reach the furthermost part of any building within the boundaries of the plat. Entrances to all buildings containing residential dwellings must be illustrated on the plat of any pro- ject containing private streets. Building Design, Fire Walkways - All buildings proposed to be constructed within any project containing private streets and which contain residential dwelling units and have an overall length of 300 feet or more, must be so designed to have one or more open unobstructed walkways through the building at ground level, having a width of not less than five feet each to allow ready access by firemen and policemen and their equipment and other emergency services to each side of such buildings. In those instances where buildings are to be constructed over and across any private street, the unobstructed overhead clearance must not be less than 14 feet, measured between the highest point of the private street paving under the structure and the lowest part of the building structure or associated parts thereof and suitable restrictions to this condition must be noted on the plat. Fire Safety Requirements - Townhouse developments shall provide fire hydrants on or adjacent tothe area to be developed as required by the Bozeman Fire Department. Landscaping - Landscaping requirements as set forth in Section 18.69.150 shall be modified for townhouse developments so that not less than seventy-five (75) per- cent of all yards on either public or private street shall be landscaped. Conversion - Conversion of existing structures to a townhouse project will be permitted provided all townhouse development standards as outlined in this section can be satisfied. Where it cannot be demonstrated by the applicant that the proposed conversion will comply with appropriate subdivision and zoning regulations, the con- version will be disallowed. A townhouse development shall be in a single ownership at the time of development. Further a legal subdivision plat shall be placed on the public records of the county prior to the issuance of any building permit within such townhouse development. Application and Submittal Requirements for Townhouse Developments _ The applica- tion requirements shall be those set forth in Section 18.75.050, Application and Sub- mittal Requirements for Planned Unit Development. All plans shall be drawn by a reg- istered architect as indicated by his registration stamp. Final Site Plan - A detailed final landscape plan and final site improvement plan shall be submitted and approved by both the Planning Director and Building Official prior to the issuance of a building permit. Final plan approval shall include, but not be limited to, the following: a. Conformance to the approved site plan. b. Inclusion of appropriate plant materials. c. All other requirements as set forth in Chapter 18.75 Planned Unit Development of the Bozeman Zoning Code. Special Overlay District Created - The approval of a townhouse project shall add a townhouse overlay district onto the exising zone. Said district shall be restricted solely to townhouse development, unless part of a larger Planned Unit Development in which the Planned Unit Development approval shall apply. The townhouse overlay dis- trict shall exist coterminous with the townhouse approval. SECTION II This Ordinance shall be in full force and effect thirty (30) days from and after its final passage and approval according to law. PASSED BY THE CITY COMMISSION AND APPROVED Y THE MAYOR OF'. THE CITY OF BOZEMAN THIS 10th DAY OF May, 1978.. 4 DUNCAN S. MACNA$; ACTING MAYOR ATTEST: r� j7 (7(7d Clerk of the City Cc miission State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman,do hereby certify that the foregoing Ordinance No. 1006 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Bozeman in the issue of the 16th day of May, 1978, and due proof of such pub- lication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and ,ffix the corporate seal of my Office this 31st day of May, 1978. �• _ � { ,, _ Clerk of Comm.