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    Home » Sec. 35.1-56. Cluster Dwellings, Cluster Development with Townhouse Lots for Sale and/or Condominiums.

    Sec. 35.1-56. Cluster Dwellings, Cluster Development with Townhouse Lots for Sale and/or Condominiums.


    Sec. 35.1-56. Cluster dwellings, cluster development with townhouse lots for sale and/or condominiums.
    (a) Cluster dwellings permitted by conditional use permit in R-1 and R-2 districts shall meet the following requirements:
    (1) Net density on the site shall not exceed that permitted in the district. No land with a slope over twenty-five (25) per cent shall be included in the calculation of this density.
    (2) In all instances where a multi-family district is adjacent to a single- family residential district, there shall be in the multi-family district a landscaped setback between the two (2) districts. When a multi-family district and a single-family district abut on a side yard, rear yard or required front yard, there shall be required a setback equal to at least twice the required side yard of the abutting single-family district and a vegetative buffer shall be provided according to the regulations of Section 35.1-25.1.11, Buffering of this ordinance.
    (3) Regulations governing yards, courts, and other features in Section 35.1-23 shall be complied with.
    (4) Applicable regulations of the subdivision ordinance of the City of Lynchburg shall apply.
    (5) Where clustering of dwellings is employed, the following regulations shall apply:
    Land not placed in individual lots shall be dedicated to the City of Lynchburg or placed in the ownership and control of a homeowners' association capable of providing adequate maintenance.
    (b) A cluster development with townhouse lots for sale shall meet the following minimum standards:
    (1) Lot area: Each townhouse shall be located on a lot of not less than one thousand two hundred (1,200) square feet in area.
    (2) Unit width: A minimum width of sixteen (16) feet per lot shall be maintained.
    (3) Front yard: There shall be a minimum ten (10) foot front yard (area between front door and front of lot, or parking area, or other common area).
    (4) Side yard: There shall be a side yard of not less than sixteen (16) feet in width at each end of a group of units (not to be shared between units).
    (5) Rear yard: There shall be a rear yard with a depth of not less than twenty-five (25) feet for each unit (not to be shared between units).
    (6) Lay-out: Facades must change front yards so that not more than three (3) abutting units will have the same front yard setback. No more than nine (9) townhouses shall be attached in a group.
    (7) Height regulations: Townhouse units shall comply with the standards of height regulations specified in the permitted zoning district of development.
    (8) Common areas: Walkways must be provided from each unit to public or common areas within the project such as refuse collection, recreation, and parking.
    (9) Perimeter yards: Each townhouse development shall have a perimeter yard on the rear and side property lines of the total site equal to at least twenty-five (25) feet, which may include the required side and rear yards for each townhouse, except where the development is within or abuts a conforming single-family use, in which case the perimeter yard shall be at least fifty (50) feet. The required front yard for the zoning district in which the development is located shall apply for the townhouse development along the front property line of the total site which may include the required front yard for each townhouse.
    (10) Required yard measurement: All required yards for townhouse development shall be measured outwardly from the buildings toward the property lines.
    (11) Parking areas: All parking areas, driveways and/or common sidewalks and/or other common areas must be in addition to the required one thousand two hundred (1,200) square feet of lot area, and, further, no parking areas, driveways, common sidewalks and/or other common areas will be permitted in any required yards.
    (c) Management and ownership of common open space, property and facilities in townhouse cluster developments.
    (1) All common open space, properties, and facilities shall be preserved for their intended purpose as expressed in the approved plan. The developer shall provide for the establishment of a homeowners' association or corporation of all individuals or corporations owning property within the cluster development to ensure the maintenance of all common open space, properties and facilities.
    (2) All privately owned common open space shall continue to conform to its intended use and remain as expressed in the site plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
    (3) All common open space as well as public and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer.
    (4) The corporation or homeowners' association established to own and maintain common open space properties and facilities shall conform to the following requirements, and the developer shall obtain the approval of the city attorney as to acceptability of incorporation documents:
    a. The developer must establish the homeowners' association or corporation prior to the final approval, recording and sale of any lot.
    b. Membership in the association or corporation shall be mandatory for all residents within the cluster development and the homeowners' association or corporation shall not discriminate by race, creed or sex in its members or shareholders.
    c. The association or corporation documents shall set forth the purposes of the permanent organization under which common ownership is to be established; how it shall be governed and administered; the provisions made for permanent care and maintenance of the common property including necessary bonds when required by the city; and the method of assessing the individual property for its share of the cost of administering and maintaining such common property.
    d. The incorporation document shall set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.
    e. All property in a cluster development shall remain under a single entity ownership of a developer or a group of developers, and shall not be leased or sold unless provision is made which ensures participation by the properties leased or sold in the retention and maintenance of common open space and community facilities. A certificate of compliance, indicating that such arrangements have been made, shall be issued by the agent of the city prior to the sale or lease of the property by the developer.
    (d) Cluster development of condominiums for sale. All condominiums for sale shall meet the requirements below:
    (1) Comply with the standards specified in the Code of Virginia, 1950, as amended.
    (2) Area regulations of the permitted zoning district.
    (3) Yard regulations of the permitted zoning district. (Ord. No. O-78-352, 12-12-78; Ord. No. O-79-330, § 1, 11-13-79; Ord. No. O-80-082, § 1, 4-8-80; Ord. No. O-85-140, § 1, 6-11-85; Ord. No. O-06-070, 6-13-06; Ord. No. O-06-091, 7-11-06)
    Last updated date: 10/23/2006 4:15:21 PM