[Adopted 5-12-1986]
The purpose of these regulations shall be to
establish provisions for allowing a broader range of housing types
in certain existing or future districts within the City of Galax.
Generally these regulations, together with local subdivision regulations,[1] shall act to control the development of single-family
attached dwelling units, designed and constructed so as to allow for
the sale or rental of individual lots and units thereon. Further,
the purpose of these regulations 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.
As used in this article, the following terms
shall have the meanings indicated:
A land development project consisting of at least one townhouse
structure as defined below and all open space and amenities thereon,
if any.
A main structure consisting of at least three horizontally
attached single-family dwelling units for the purpose of occupancy
and ownership, designed and constructed so as to allow for the sale
of individual dwellings, including the lot and appurtenances thereon.
An individual attached single-family residence within a townhouse
structure as defined above.
Townhouse structures shall be allowed by special
use permit in areas served by public water and sewage disposal systems,
provided that the location lies within the R-3 Districts as designated
by the Zoning Ordinance and Map.
B.
The special use permit may include allowances for
the installation of project amenities and ancillary uses such as swimming
pools, tennis courts, on-site sales offices, signs and the like as
approved under the site plan review procedures of this article.
A.
A special use permit for a townhouse project as required in § 160-49A shall be issued by the Zoning Administrator, provided that the requirements of this article are satisfactorily complied with and approved by the Planning Commission.
B.
Prior to the issuance of a special use permit, the developer of a townhouse project must submit a site plan for review in accordance with § 160-61.
C.
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 Town and applicable state statutes are complied with.
D.
A townhouse structure shall consist of no more than
10 townhouse units.
E.
Individual property lines shall run from the street
through the center of the common party wall(s) of attached interior
unit(s) 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.
A.
The density of a townhouse project shall be generally
in compliance with the required density of the district in which it
is to be located.
B.
No townhouse project or portion thereof to be located
in District R-3 shall have an overall site density greater than one
townhouse unit per 3,500 square feet of gross site area.
Setback requirements for townhouse structures
shall conform to the established setback regulations of the district
in which the site is located.
A lot occupied by a townhouse unit shall contain
not less than 2,000 square feet.
Lot frontage, measured at the setback line for individual townhouse units, shall have an average minimum width of 20 feet for a townhouse structure, but in no case shall the frontage for a townhouse unit be less than 16 feet. Lot width for end units shall be adequate to provide side and rear yards as required by § 160-55.
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 rooflines.
Each townhouse unit shall have an unencumbered
access from a dedicated public street. This access shall have a right-of-way
of no less than 23 feet.
Townhouse projects shall have provisions for
at least two vehicular off-street parking spaces for each townhouse
unit.
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.
A.
In any townhouse project resulting in a creation of
any open space and amenities thereon, broadly defined, the maintenance
and upkeep of such areas and elements shall be provided for by an
arrangement acceptable to the Town 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 to 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, §§ 13.1-203
through 13.1-295, Code of Virginia, 1950, as amended, 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% of the townhouse units have
been sold.
(3)
Provide proper agreements and covenants running with
the land and in favor of the citizens of Galax, requiring membership
in such a nonprofit entity. Such agreements and covenants shall include,
among other things, that any assessments, charges and costs 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. Covenants shall also prohibit the denuding, disturbing
or defacing of said open space without prior approval of the Town
Council after recommendation by the Planning Commission.
D.
The administrator shall notify the Virginia Real Estate
Commission, in writing, requesting its 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 the location and use proposed.
A.
The intent of the site plan review is to provide for
a review of:
(1)
The project's compatibility with its environment and
with other land uses and buildings in the surrounding area.
(2)
The ability of the project's traffic circulation system
to provide for the convenient and safe internal and external movement
of vehicles and pedestrians.
(3)
The quantity, quality, use, size and type of project's
open space, if any, and the plans for the maintenance and upkeep of
said open space.
(4)
The quantity, quality, use, size and type of the project's
recreational elements, if any.
(5)
The impacts upon the existing natural environment.
(6)
The proposed landscaping improvements.
(7)
The project's compliance with this chapter and other
applicable ordinances of the Town and state.
C.
In addition to the required content of preliminary
and final plats as required by the Subdivision Ordinance, the following
shall be submitted for site plan review:
(1)
Existing zoning and zoning district boundaries on
the property to be developed and on immediately adjacent properties.
(2)
The boundaries of the property involved, all existing
property lines, setback lines, existing streets, buildings, watercourses
and other existing physical features in or adjoining the project.
(3)
The topography of the project area at contour intervals
of two feet.
(4)
The location of all proposed buildings and structures,
accessory and main, showing the number of stories and height, dwelling
type, outside dimensions and main excavations by proposed use.
(5)
The proposed location and character of nonresidential
uses, accessory and main.
(6)
The proposed location, dimensions and use of all proposed
open space, other amenities and improvements, if any, and suitable
documentation of ownership and responsibility for such open space.
(7)
The proposed pedestrian circulation system, including
its interrelationships with the vehicular circulation system, indicating
the proposed treatment of points of conflict.
(8)
The proposed treatment of the site's periphery, including
materials and techniques to be used, such as screens, fences and/or
walls.
(9)
The location and screening materials for solid waste
containers and other outdoor trash receptacles, showing the area allowed
for the turning of trucks.
(10)
The proposed location, dimensions and treatment
of required off-street parking facilities for each individual townhouse
unit or structure.
(11)
A tabulation of total number of acres in the
project and the percentage and acreage thereof proposed to be allocated
to townhouse units, any nonresidential uses, off-street parking, open
space, streets and other reservations.
(12)
A tabulation of the total number of dwelling
units, by type, in the project and the overall project density, in
dwelling units per gross acre.
(13)
A schedule exhibiting the time frame for project
development and completion.
