§ 25-2-776. CONDOMINIUM RESIDENTIAL USE.

(A)

For a condominium residential use in a SF-5, SF-6, or multi-family district, the base zoning district regulations are superseded by the requirements of this section.

(B)

The minimum site area for a condominium residential use is 14,000 square feet.

(C)

At least 3,500 square feet of site area is required for each condominium.

(D)

This subsection applies in an SF-5 district.

(1)

A condominium site must be at least 300 feet from other condominium sites in an SF-5 district.

(2)

A condominium use is prohibited on a site with access only to a local residential street.

(3)

A condominium site may include not more than ten condominium units.

(4)

A parking space may not be located in a required front street yard, except for a parking space in a driveway.

(E)

This subsection applies in an SF-6 district.

(1)

The building official may not issue a certificate of occupancy until the owner of the property has complied with state requirements concerning condominiums. A note regarding this requirement must be included on the site plan.

(2)

A parking space may not be located in a required front street yard, except for a parking space in a driveway.

(F)

A condominium use with 10 or more dwelling units in a building constructed after the effective date of this ordinance must comply with the open space requirements in Chapter 25-2, Subchapter E, Section 2.7 ( Private Common Open Space and Pedestrian Amenities ) except as provided by this subsection.

(1)

Compliance with the open space requirements in Chapter 25-2, Subchapter E, Section 2.7 ( Private Common Open Space and Pedestrian Amenities ) is not required if the development is:

(a)

located in:

(i)

the University Neighborhood Overlay and the applicant elects to comply with Subchapter C, Article 3, Division 9 ( University Neighborhood Overlay District ) of this chapter; or

(ii)

the central business district (CBD); or

(iii)

the downtown mixed use (DMU) district; or

(b)

certified under a local, state, or federal affordable housing program and located within ¼ mile safe pedestrian travel distance of an existing and developed public park or multi-use trail, measured from the boundary of the site to the nearest public entrance of the park or multi-use trail.

(2)

In evaluating safe pedestrian travel distances under Paragraph (1)(b), consideration shall be given to factors affecting the suitability of the area for pedestrian travel, including physical or topographic barriers, traffic volumes, pedestrian crosswalks, and accessible routes compliant with the Americans with Disabilities Act.

(G)

A condominium use with less than 10 dwelling units must provide private personal open space in accordance with the requirements of this subsection.

(1)

The open space must be a minimum of five percent of the gross site area of the property.

(2)

An area of private personal open space at ground level must contain at least 100 square feet and may not be less than ten feet across in each direction.

(3)

An area of private personal open space above ground level must contain at least 50 square feet and may not be less than five feet across in each direction.

(4)

The requirements of this subsection do not apply to a condominium use located within development that meets the requirements in Subsection (F)(1) of this section.

Source: Section 13-2-257; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11; Ord. 20111215-096.