Ord 2767 2/20/1973 r ,
ORDINANCE NO. (717o 7
AN ORDINANCE PROVIDING FOR THE CREATION
OF TOWNHOUSE SUBDIVISIONS, AMENDING
CERTAIN PORTIONS OF ORDINANCE NO. 2118.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. The following amendments are hereby made to
Section 3 of Ordinance No. 2118:
A. Paragraph L of Section 3 is hereby amended by adding the
following sentence:
"The term ' townhouse subdivision' shall apply to those develop-
ments in which it is proposed to partition land into individual lots
and construct townhouses which may be individually owned and where
lot sizes and specifications are to be different from those other-
wise required by these subdivision regulations."
B. Said Section 3 is hereby amended by adding a paragraph
BB which shall read as follows:
"BB. Townhouse. The term ' townhouse' shall mean a structure
which is one of a series of dwelling units designed for single family
occupancy, which dwelling units are structurally connected or immed-
iately adjacent to each other without side yards between individual
dwelling units."
C. Said Section 3 is hereby amended by adding a paragraph CC
which shall read as follows:
"CC. Open Space. The term ' open space' in a townhouse subdivision
shall apply to private property under common ownership designated
for recreation area, private park (for use of owners within the sub-
division) , play lot area, plaza area, and ornamental areas open to
general view within the subdivision. Open space does not include
streets, alleys, paved access streets or drives and parking areas. "
SECTION 2. Section 6 of Ordinance 2118 is hereby amended by
adding a new paragraph E which shall read as follows:
"E. Declaration to be Filed with Townhouse Subdivision Prelimi-
nary Plat. A proposed Declaration of Covenants, Conditions and
Restrictions for a townhouse subdivision shall be submitted with
the preliminary plat. This document shall contain, in addition
to other requirements set forth by the developer, the following
requirements:
(1) Legally create an automatic-membership Home Owners
Association with responsibility and authority to administer the
provisions of the Declaration.
(2) The Home Owners Association has legal title to the common
property or will receive legal title to it within a specified period.
(3) The owner of each home or lot automatically becomes a voting
member of the Association and his membership is automatically trans-
ferred to the new owner of a home or lot when it is sold.
(4) The right of each member to use the property and any limi-
tation on his use of it is defined in the Declaration.
(5) The Association is legally responsible for operating and
maintaining the common property.
(6) Guarantee the restoration or reconstruction of any dwelling
unit which is destroyed or damaged, unless otherwise voted upon by
the Home Owners Association. The Home Owners Association may vote
to remove all building remains and add the cleared lot area to the
open space until a new unit is constructed.
(7) Each member' s share of the Association' s expenses is reason-
able and adequate to enable the Association to function properly.
(8) The consequences of non-payment of a member' s share of the
expenses are defined, and adequate legal measures for recovering
any non-payment are available."
SECTION 3. Section 6 of Ordinance 2118 is hereby amended by
adding a new paragraph F which shall read as follows :
"F. Site Plan to be Filed with Townhouse Subdivision Prelimi-
nary Plat. A site plan shall be submitted with the preliminary
- 2 -
plat of the townhouse subdivision and shall include the following:
(1) Location and dimensions of all lots, access drives, common
open space areas, dedicated streets, and parking space.
(2) Location of all structures and appropriate dimensions.
(3) Calculated density in terms of dwelling units per gross
acre.
(4) Tabulation of the total number of acres in the proposed
project and the percentage thereof designated for common open space. "
SECTION 4. Section 9 of Ordinance 2118 is hereby amended by
adding a new paragraph 0 which shall read as follows:
"0. Development Standards for Townhouse Subdivisions. Townhouse
subdivisions shall conform to the following basic development stan-
dards, notwithstanding different standards required in these sub-
division, regulations of other types subdivisions, to-wit:
(1) Minimum Common Open Space. The minimum common open space
shall comprise 30% of the total gross area of the site.
(2) Minimum Lot Width. Minimum lot width shall be twenty feet.
(3) Minimum Lot Area. Each lot shall have an area of at least
2000 square feet.
(4) Minimum Space Between Structures. There shall be minimum
space of 10 feet between structures.
(5) Number of Dwelling Units per Structure. The maximum num-
ber of connected dwelling units per structure shall be ten.
(6) Minimum Front Setback. A minimum front setback will be
required and shall be based on the following:
(a) Front or rear lot access.
(b) On-street parking capabilities.
(c) Number of parking spaces on each lot.
(d) Number of overflow off-street parking spaces.
(e) Where townhouse lots and dwelling units are designed to
face upon a common open space courtyard rather than a public
street, a rear yard set-back will be required.
- 3 -
Iy
Jr r
`
(7) All utilities shall be underground."
PASSED AND APPROVED THIS THE , 1t/,DAY OF %.e'_X-£,c tu.-t-tl
1973.
41( i �.iia �� / i ��.i._ -4
M A Y I R
ATTEST:
jt-trYi-d--- -, C 114i7k« a
City Clerk
- 4 -