Chapter 16.34
PLATTING OF DUPLEX AND TOWNHOUSE STRUCTURES
Sections:
16.34.025 Authority to approve and procedures.
16.34.030 Additional platting and lot requirements.
16.34.010 Purpose.
The purpose of this chapter is to:
A. Allow duplex and townhouse structures to be platted with zero lot lines to allow these units to be sold as individual, fee simple lots.
B. Promote affordable housing, efficient use of land and energy, and the availability of a variety of housing types in different locations.
C. Promote infill development.
D. Provide for the public health, safety and welfare of the public and purchasers and residents of such townhouse units. (Ord. 3802 § 50, 2019).
16.34.020 Definitions.
The following words used in this chapter are specifically defined in Chapter 16.04 MVMC:
“Conditions, covenants and restrictions” means a document that complies with applicable federal and state laws and that contains/addresses all of the following elements:
1. Creation of an association of owners (e.g., homeowner’s association or governing body) of the proposed lots that are required to provide for the control and maintenance of all improvements that will be owned by the governing body (usually a homeowner’s association), such as parking, access ways, open spaces, fences, street trees, stormwater facilities, etc.
2. Maintenance. The CC&Rs shall contain provisions establishing the obligation and duty of the governing body of the project to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this code and all other applicable laws, regulations, and standards.
3. Assessment for Maintenance of Common Areas and Facilities. To protect the public health, safety, and welfare, provisions shall be made for monthly or annual assessments that pay for maintenance of all common areas.
4. The CC&Rs shall run with the land and are required to be reviewed and approved by the city attorney and the development services department prior to recording a final plat or short plat.
5. To achieve the purposes of this section, the declarations of conditions, covenants, and restrictions (CC&Rs) or other applicable documents relating to the management of common area and facilities shall be subject to approval by the development services department and the city attorney.
6. Amendments to the CC&Rs that would amend, delete, modify, or otherwise affect any provision required by this section shall require the prior written approval of the development services director and the city attorney.
7. Any other provisions which the development services director or city attorney determine are necessary and reasonable for ensuring compliance with the provisions of the municipal code or the conditions of approval of the project.
8. The CC&Rs shall be recorded prior to or concurrently with the recordation of the plat, which plat shall contain the recording instrument numbers thereupon.
“Party wall” or “common wall” means the foundation wall, the footing under such foundation wall, the shaft liner fire wall supported by the foundation and a roof sheathing or parapet, if existing, capping such fire wall which are part of the original construction of the units located on the lots and are located and constructed on or adjacent to the common lot boundary line which separates two adjoining lots, and which constitutes a common wall between adjoining units, as such party wall may be repaired or reconstructed. A party wall is a structural part of and physically joins the adjoining units on each side of the party wall. The term “party wall” shall also include any two walls that generally meet this definition, and that together constitute the wall between two adjoining units, even if such walls are separated by a de minimis amount of air space.
“Party wall agreement” or “common wall agreement” means a document prepared by an attorney licensed in the state of Washington that contains/addresses all of the following elements with regard to party walls: easements, general rules of law, utilities, use, alteration of party wall, common roof and common foundations, sharing of repair and maintenance, weatherproofing, maintenance, damage, repair and destruction, insurance, and must run with the land in perpetuity.
“Zero lot line” means a structure is placed with at least one wall on a property line. (Ord. 3802 § 50, 2019).
16.34.025 Authority to approve and procedures.1
A. All duplex and townhouse developments creating nine (or fewer) lots, tracts or parcels shall be required to:
1. Submit the same application materials outlined in Chapter 16.32 MVMC for preliminary and final short plats plus the items outlined below under subsection C of this section.
2. Follow the same procedural steps and requirements, outlined in Chapter 16.32 MVMC for preliminary and final short plats.
3. Be subject to the provisions of Chapters 14.05, 16.04, 16.16, 16.20, and 16.28 MVMC.
B. All duplex and townhouse developments creating more than nine lots, tracts or parcels shall be required to:
1. Submit the same application materials outlined in Chapters 16.08 and 16.12 MVMC, respectively, plus the items outlined below under subsection C of this section.
2. Follow the same procedural steps and requirements outlined in Chapters 16.08 and 16.12 MVMC, respectively.
3. Be subject to the provisions of Chapters 14.05, 16.04, 16.16, 16.20, and 16.28 MVMC.
C. In addition to the above-listed requirements, preliminary and final plats and short plats shall also be required to submit materials containing the following information:
1. The location of the buildings in reference to the exterior boundaries of the property.
2. Location, horizontal dimensions, and identification of the townhouse units within each building.
3. Identification of the thickness of common walls/party walls between or separating the individual units.
4. Designation and identification of all common elements.
5. The location and identification of all utilities serving the townhouse units including connection points to each duplex or townhouse unit.
6. A party wall agreement.
7. Conditions, covenants and restrictions.
8. Additional wording shall be added to the surveyor’s certification statement for townhouse plats as follows:
This plat substantially depicts the location and horizontal measurements of each unit and townhouse lot, lot designations, the building locations, all utilities serving the units, the location of parking, common elements, and storage spaces.
Each duplex and townhouse unit created in this plat is served by individual water and sewer services from the public mains. Each unit owner shall own and be responsible for the operation, maintenance, and replacement of the water service line from the property shut-off valve located near the utility easement boundary to their unit. Additionally, each unit owner shall own and be responsible for the operation, maintenance and replacement of the sewer service line from their unit to the public sewer main, including the tapping saddle. The City reserves the right of ingress, egress and maintenance in private utility easements, access ways, and common areas.
(Ord. 3802 § 50, 2019).
16.34.030 Additional platting and lot requirements.
A. Each duplex or townhouse lot shall contain all elements of the individual unit’s structure recognizing the common vertical walls will be shared with abutting units. The only exception to this is for detached garages that can be located on tracts or lots to be owned by the homeowner’s association; however, the ownership of each garage space shall be identified on the recorded plat.
B. Each duplex or townhouse lot shall contain the attached private open space required per Chapter 17.70 MVMC.
C. Each individual duplex or townhouse lot shall have a minimum width of 20 feet.
D. Zoning Requirements. Each duplex or townhouse structure (not individual lot) is required to comply with the lot coverage, building setbacks (excepting side yard setbacks where two dwelling units share a common wall), building height, parking, and landscaping required according to the properties’ underlying zoning designation or as modified by Chapter 17.73 MVMC.
E. Subdivisions of sites containing previously constructed duplex or townhouse dwellings shall not be allowed unless all common walls meet, or are reconstructed to, current building code and fire code requirements for separately owned subdivided duplex or townhouse units, and all other standards of this chapter are met. (Ord. 3802 § 50, 2019).
Code reviser’s note: Ord. 3802 adds this section as MVMC 16.34.020. The section has been editorially renumbered to prevent duplication of numbering.