Chapter 20.61
TOWNHOUSE DEVELOPMENT
Sections:
20.61.040 Development standards.
20.61.050 Review and approval procedure.
20.61.010 Intent.
It is the intent of this chapter to:
A. Encourage infilling of skipped-over parcels in developed areas of the city;
B. Provide for the development of townhouses within residential neighborhoods which may be conveyed as individually owned, separately platted lots;
C. Encourage within low-, medium- and high-density residential districts the development of townhouse structures built to standards designed to include amenities usually associated with conventional single-family detached housing, and to ensure their compatibility with the surrounding neighborhood;
D. Provide for favorable housing, efficient use of land and energy, and the availability of a variety of housing types in a variety of locations to serve a wide range of individual homeowner requirements;
E. Provide a guide for developers and city officials in meeting the purpose and provisions of this chapter. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.61.020 Definitions.
These definitions shall be in addition to the definitions set forth in Chapter 20.06 CMC:
A. “Townhouse” means a building that contains three or more attached townhouse units that are separated by a common party wall that has no doors, windows, or other means for human passage or visibility. Each townhouse unit shall be attached by not more than two party walls.
B. “Townhouse unit” means a single-family dwelling unit in a townhouse that extends from foundation to roof and that has a yard or public way on not less than two sides that extends at least fifty percent of the length of each of those two sides. (Ord. 2539 § 22, 2023; Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.61.030 Where permitted.
Townhouse developments may be permitted in all residential land use districts consistent with the development standards in this chapter. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.61.040 Development standards.
A. Density. The density of the underlying zone governs, unless a density increase is granted as provided in CMC 20.61.045.
B. Lot Area and Width of Each Townhouse Unit. A townhouse unit shall contain a minimum area of one thousand six hundred square feet and a minimum building width of twenty feet.
C. Height. The maximum height of any townhouse shall not exceed that allowed in the district in which the development is located.
D. Setback Variation. No more than two abutting townhouse units 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 feet.
E. Right-of-Way Setback. No townhouse unit shall be located closer than twenty feet to any public right-of-way nor within fifteen feet of a private drive, access road, or common open parking area to the front or rear of such unit.
F. Rear Yard Requirements. The minimum rear yard requirement shall be fifteen feet to the rear property line.
G. Private Yard Area. Every lot containing a townhouse must provide a private yard of at least three hundred square feet, oriented to either the building front, rear, or side, enclosed visually by fences, walls, or plantings to screen views from adjacent units.
H. Side Yard Requirements. The minimum side yard requirements shall be the same as the underlying zone.
I. Minimum Distances Between Townhouses. No portion of a townhouse, accessory structure, or other building in or related to one townhouse shall be nearer than ten feet to any portion of another townhouse or accessory structure.
J. Access. When the only driveway is from the street, each pair of townhouse units must share a common curb cut.
K. Conversion. Conversion of existing structures to a townhouse will be permitted provided all townhouse development standards as outlined in this section can be satisfied. (Ord. 2539 § 23, 2023; Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.61.045 Density bonus.
A. Bonus densities are intended to provide incentives to encourage the development of additional public amenities or to preserve valuable natural or cultural resources and features. It is the intention of this section to allow bonus densities where an applicant proposes design attributes providing public benefits in addition to those required by local, state, or federal land use or environmental regulations. The allocation of bonus densities will be based upon a comprehensive review of the entire project. In order to satisfy any of the bonus density criteria specified in this section, the design attributes must be considered in the public interest and worthy of bonus density. Bonus densities will not be allowed for site design proposals which merely reflect mandatory requirements of local, state, and federal codes or regulations.
B. The site plan review committee may approve an increase in dwelling unit density based upon the following criteria:
1. Innovative Residential Development. Up to a maximum of a ten percent density bonus may be awarded if a more efficient use of land, energy, and resources and a more livable development can be achieved through innovative variation of residential types, configuration, placement, and density.
a. Such flexibility can be achieved while safeguarding the public interest by review of the proposed planned unit development plan which shows the type and placement of residential structures.
b. It is intended that innovative residential developments encourage imaginative design to achieve bonus densities. Therefore, incentives and flexibility may be allowed such as rear alley loading housing, various home sizes, architectural features, etc. The city may approve the use of these tools as provided in this section as deemed reasonable and warranted by the excellence of the resulting design and its benefits to the community. Innovative architectural exteriors and interiors are strongly encouraged.
2. Additional Public Recreation Facilities. Up to a maximum of a ten percent density bonus may be awarded for the addition of significant recreational areas that are designed in such a way as to encourage outdoor activities within the common open space; such features include, but are not limited to, playgrounds, ballfields, pickleball courts, basketball/volleyball courts, skate parks, swimming pools, tennis courts, bike or pedestrian path systems, community gardens, or a community building.
a. To qualify, the improvements shall be maintained by a homeowners’ association and be written into its bylaws to be maintained in perpetuity or shall be dedicated to the city.
b. Recreational areas and features shall serve the residents in the development and the general public and shall be designed as an amenity for the greatest number of people.
3. Mixed Use Development (Commercial and Residential). Up to a maximum of a ten percent density bonus may be awarded for the addition of mixed use buildings to the project. Such buildings may include a convenience store, espresso stand, day care facility, multiple small retail spaces, beauty/barber shops, or similar personal services.
a. To qualify, at least ten percent of the net land area must be used for commercial purposes.
b. Mixed use buildings shall be designed and used to meet the needs of the residents within the greater neighborhood area.
c. Commercial uses in a residential area shall be limited in scope, size, etc. to prevent rezoning of the property. Commercial uses shall not exceed thirty percent of the overall land area and fifty percent of the residential structures planned for the development must be completed prior to issuance of a building permit for a commercial use.
4. Additional Preservation of Open Space and Natural, Historical and Cultural Features. Up to a maximum of a five percent density bonus may be awarded for the substantial retention of natural groundcover, bushes and trees; minimum disturbance of wildlife habitat; preservation of unique historical or cultural features; and preservation of air, sunlight and scenic resources.
a. To qualify, the open space area shall be over one-half acre in size and be deeded as open space in perpetuity.
b. An additional five percent density bonus may be awarded for dedication to the city of land within the city’s potential park or open space areas and corridors as designated in the comprehensive plan and as shown on the land use map.
5. Additional Landscaping to the Outer Edge of the On-Site Drainage Retention Facility. Up to a three percent density bonus may be awarded for additional landscaping to the outer edge of the on-site drainage retention facility.
a. To qualify, the drainage basin or on-site retention facility must be over one-half acre in size.
b. All landscaping shall be in accordance with Chapter 18.10 CMC.
C. The maximum density bonuses the site plan committee may approve are: (1) fifteen percent in the R:20 zoning district; (2) twenty percent in the R:8, R:15, and LBD zoning districts; and (3) twenty-five percent in the R:2 and R:4 zoning districts. Bonus density shall be rounded down to the nearest whole number. (Ord. 2539 § 24, 2023).
20.61.050 Review and approval procedure.
Townhouse developments shall be approved pursuant to the standards of this chapter and the regulations and procedures established in the platting and subdivision ordinance, as modified below:
A. Review.
1. The creation of five or more lots shall follow the SEPA process.
2. The site plan review committee shall review and approve the creation of nine or fewer subdivided lots. The site plan review committee approval process does not involve a public hearing but will include notification to adjacent property owners. The decision of the site plan review committee is subject to the appeal process as identified in Chapter 20.84 CMC.
3. The planning commission shall review the creation of ten or more subdivided lots as provided for through the regular subdivision process in Chapter 19.12 CMC.
B. Platting.
1. A subdivision or short plat shall be required for all townhouse developments so that individual townhouse units are divided into separate legal lots with common walls located on the lot lines.
2. When a townhouse development is platted, construction of townhouses may commence prior to final plat or final short subdivision approval, provided:
a. The proposed subdivision has received preliminary approval or the short subdivision has received conditional approval, and the necessary legal instruments have been filed to assure construction of required public improvements;
b. Any partial or complete construction of structures shall not relieve the developer from, nor impair city enforcement of, conditions of subdivision approval; and
c. Units may not be rented or sold, nor occupancy permits issued until a final plat or final short plat has been formally approved by the city.
C. Site Plans. An application for a townhouse development shall include a site plan drawing or drawings, at a scale not smaller than one hundred feet to the inch, showing all the information required for a preliminary plat plus the following:
1. Site boundaries;
2. Streets bounding or abutting the site;
3. Proposed buildings, including dimensions, setbacks, identification of types, and the number of units;
4. Location and dimensions of open spaces;
5. Location and dimensions of garbage disposal areas;
6. Locations and design of off-street parking facilities, showing their size, landscaping, lighting, and number of spaces;
7. Circulation plan for vehicular and pedestrian access, including points of ingress and egress from the site and their relationship to ingress and egress of neighborhood properties;
8. Existing buildings and an indication of future use or disposition;
9. Landscaping plan;
10. Typical front and side elevations and exterior architectural treatment of the proposed units; and
11. The existing and proposed contours at two-foot intervals and that shows existing streams, lakes, marshes, and other natural features. (Ord. 2539 § 25, 2023; Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).