2018-191 Townhome or Condominium DesignationDate: December 21, 2018 Report No. 2018-191
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Separate use designation for Townhome or Condominium in the Denton Development Code (DDC)
Executive Summary:
Staff is recommending as part of the DDC Update to include Townhome as a separate use with separate
development standards. Staff does not recommend creating a separate condominium use because
condominiums are technically a form of ownership and could be a number of different uses (i.e.
commercial, industrial, residential).
BACKGROUND:
Council requested that staff provide a report on having a separate use designation for Townhome
and Condominium in the Denton Development Code (DDC). This question was raised as a
result of a project that was considered to be “Multi-Family Dwelling” as opposed to meeting the
definition of “Attached Single-Family Dwelling (aka Townhomes).”
Condominium, Attached Single-Family and Multi-Family (DDC)
The DDC defines “Condominium” as:
A type of ownership of attached or detached dwelling units, offices, or other space within
a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium Act
of the Texas Property Code in which each unit is independently owned and financed by
the occupant but in which all lands are commonly owned.
The DDC defines an “Attached Single-Family Dwelling (aka Townhomes)” as:
A structure containing at least three (3), but not more than eight (8) attached dwellings, and
complies with the following:
1. Has individual front and rear access on the ground floor of each dwelling;
2. Each dwelling shall be separated by fire-rated walls;
3. Each dwelling shall be serviced by an individual meter for each utilities;
4. Each dwelling shall have direct access to a street or alley; and
5. Each dwelling shall be located on its own individual platted lot and each lot must
have frontage on a public or private street.
The DDC defines a “Multi-Family Dwelling” as:
A structure that contains three (3) or more dwellings and any ancillary uses.
Date: December 21, 2018 Report No. 2018-191
Condominium
A condominium is a form of ownership and could be a number of different uses. The Texas
Property Code, Chapter 82. Uniform Condominium Act applies to “all commercial, industrial,
residential, and other types of condominiums which the declaration is recorded on or after
January 1, 1994”. The declaration is a recorded document governing the establishment,
maintenance, or operation of a condominium regime. The term includes a declaration or similar
instrument subjecting real property to:
(A) Restrictive covenants, bylaws, or similar instruments governing the administration or
operation of a unit owners' association;
(B) Properly adopted rules and regulations of the unit owners' association; or
(C) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations.
By definition, the Texas Uniform Condominium Act defines a condominiums as:
A form of real property with portions of the real property designated for separate
ownership or occupancy, and the remainder of the real property designated for common
ownership or occupancy solely by the owners of those portions. Real property is a
condominium only if one or more of the common elements are directly owned in
undivided interests by the unit owners. Real property is not a condominium if all of the
common elements are owned by a legal entity separate from the unit owners, such as a
corporation, even if the separate legal entity is owned by the unit owners.
Generally speaking, a condominium development is governed by a Condominium Association
(CA). Condominium owners own their individual units and have joint ownership in the building
and grounds with other units. CA fees not only cover common areas but the fees also cover
building repairs and maintenance.
Townhouse
As noted above, a townhouse is considered an “attached single family dwelling” and typically is
permitted in many of the residential zoning districts with the exception of more rural type
designations. The main difference of the townhouse is the requirement to be on an individually
platted lot. Many times townhouse developments are governed by a homeowners association
(HOA).
Generally speaking, HOA’s are used for homeowners who own their lots and homes. An HOA
governs and manages regulations for a residential community. It also manages and maintains
Date: December 21, 2018 Report No. 2018-191
common areas such as pools and playgrounds. Membership may be required, depending upon the
location. Homeowners follow regulations ranging from lawn upkeep to outdoor decorations.
CONSIDERATION:
Section 82.007 of the Texas Property Code, entitled, “Applicability of Local Ordinances,
Regulations, and Building Codes” sets forth the following:
A zoning, subdivision, building code, or other real property use law, ordinance, or
regulation may not prohibit the condominium form of ownership or impose any
requirement on a condominium that it would not impose on a physically identical
development under a different form of ownership. Otherwise, this chapter does not
invalidate or modify any provision of any zoning, subdivision, building code, or other
real property use law, ordinance, or regulation.
Given that a condominium is a form of ownership and can include a number of uses, (i.e. High-
Rise Residential, Residential Villas, Business Park, or Industrial Park) and the limitations set
forth above (Section 82.007, TPC), staff would not recommend adding regulations regarding a
condominium development other than a maintaining the current as provided above.
Currently, Detached and Attached Single-Family follow the same standards. What staff is
recommending, and will be included in the draft update of the DDC is changing “Attached
Single-Family” to “Townhome” and providing specific development standards for Townhomes.
The final draft of these standards will be presented to the Development Code Review
Committee, at public workshops, with the Planning and Zoning Commission, and ultimately to
City Council for consideration and adoption.
STAFF CONTACT:
Richard Cannone, AICP
Deputy Director/Planning Director
Richard.cannone@cityofdenton.com
940-349-8507