§ 38-1387. Townhome district, Townhouse Apartment district, Apartment district, and Condominium district.

(a)

Townhouse/apartment/condominium guidelines. The following development guidelines shall apply to all development within the Townhome District, Townhouse/Apartment District, Apartment District and Condominium District, regardless of the form of ownership.

(1)

Density. Except for transfer of development rights as provided in chapter 30, article XIV, division 2, of this Code, or as otherwise provided in section 38-1384(a), and the respective SAP; the average net density [in] areas designated Townhome District, Townhouse/Apartment District or Condominium District on a PD Land Use Plan (LUP), Preliminary Subdivision Plan (PSP) or Development Plan (DP) shall be as follows:

-

Townhome District: Eight (8) to ten (10) dwelling units per acre (per SAP).

-

Townhouse/Apartment District: Twelve (12) dwelling units per acre.

-

Apartment District: Sixteen (16) to twenty-five (25) dwelling units per acre (per SAP).

-

Condominium District: Sixteen (16) to twenty (20) dwelling units per acre (per SAP).

(2)

Permitted uses. Unless otherwise stated by the applicable SAP, attached and detached single-family units, attached multi-family and condominium units, and all other accessory uses as permitted in the use table for the R-3 zoning district, section 38-77 of this chapter, shall be permitted in the Townhome District, Townhouse/Apartment District and Apartment District [Note: Section 38-1387.3(a)(3) prohibits apartments in the Condominium District].

Retail commercial and professional office uses may also be permitted on the first floor of a townhouse or apartment structure when fronting a neighborhood center or village center district. However, such nonresidential uses shall be integrated into the residential building, shall be limited to one thousand (1,000) square feet of gross leasable area, shall be primarily oriented to serve the residents of the immediate area, and shall be deducted from the allowable square footage of the Neighborhood Center or village center district in which it fronts.

Covenants and restrictions shall identify the areas of nonresidential uses. Certain structures and uses required to serve educational, religious, utilities and non-commercial recreational needs may be permitted by the Board of County Commissioners through PD or PD substantial change approval and shall be identified on the PD/LUP.

a.

Single-family detached standards. The development standards of Section 38-1386 shall apply for all single-family detached residential products.

(3)

Prohibited Uses. Short term rental [rental of less than one hundred eighty (180) days].

(Ord. No. 97-09, § 1, 5-20-97; Ord. No. 99-09, § 11, 3-23-99; Ord. No. 09-16, § 1, 6-2-09; Ord. No. 2014-04 , § 1, 2-11-14)