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Labeled as Townhouse But Only Two Units

Mule

Mule

Platinum Member
Joined
Oct 19, 2009
Messages
1,520
Location
Texas
I have a development that the developers have been constructing townhouses. There are around twenty buildings each with three to four residences within each building.

Now the same developer and there is only one lot left has submitted a plan with only two residences in one building. So by definition this is not a townhouse but a duplex.

There isn't a property line between the two structures however the developer is planning on selling off each side with the entire lot being common property between the two.

I'm confused......

Construct as duplex? Construct as single family zero lot line? Construct as townhouse so that it is two totally separate buildings?

I've been reading until I'm blue in the face and everything is running together in my mind!!!

Help!!!!!! What do you guys think???
 
Mule,

I agree with you that three units makes it a townhome, Might want to attack it through zoning, check if it's allowed in a multi-fam district. Developer may have to re-zone the lot?

pc1
 
By code it is a duplex, selling each half and the entire lot under common ownership is a condo, Check with zoning and have the developer check with his realtor and bank becuase condo financing is harder to get in todays financial world
 
Thanks for the comments. I've got the zoning administrator looking into this one.

Food for thought...the I-Codes do not recognize a condo as a building type.
 
I would be careful during the inspection process and specifically list how it was inspected. I am guessing later they will try to come back and sell off a individual properties creating a real issue with separation requirements if not met the first time around.
 
Having checked several sources: a townhouse appears to be 2 or more residences sharing walls with some type of land ownership.

If the 3 and 4 residence townhouses were compliant, I would let this go as townhouses.
 
I never liked the three or more definition of a townhouse. A townhouse shares one or more walls with its neighbors, is on its own lot, stands alone with its individual utility connections, and is sold individually. (There are more items in the IRC definition.)

A duplex is a two family dwelling that is one one lot, shares a wall with it's neighbor, both dwellings are owned by the same 'person', and the dwellings may share utility connections.

Two units can meet all of the definitions of a 'townhouse' except for the number.

Condo is a type of ownership not a type dwelling.
 
Many terms in this thread are NOT in the building code. IRC is one and two family dwellings--period. Condo, townhouse, zero-lot-line, etc. are not building code terms. They may be defined in your zoning regs. and that may come under your responsibility but they will be issues defining somewhere other than the uniform building codes.
 
mtlogcabin said:
By code it is a duplex, selling each half and the entire lot under common ownership is a condo, Check with zoning and have the developer check with his realtor and bank becuase condo financing is harder to get in todays financial world
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By code it is a two family dwelling.

Separate sale can still be done fee simple if each half owns the land beneath their property, the remaining land could be owned by the HOA.
 
The manner of ownership is NOT addressed in the code(s). That's why apartments and condos are treated identically. Ownership is immaterial with regard to the building codes.
 
We see duplexes here all the time. None of them are designed or submitted as two-family dwellings. They all have a lot split in two and two separate parcel numbers, two separate addresses, separate services, etc. They have all been designed and submitted the same as a townhouse and have the same 2-hour shaft wall separation as a townhouse. We have no problem accepting them as such.

I would like to see a real two-family dwelling submitted here...something different.
 
Remember, the codes are a minimum... if the designer wishes to over design, that is their call. However, you do not know what the developer has in mind for future plans.......i.e. sell off of individual lots, etc. in the future. Accept them as is, on CO note constructed as townhouse, and later events shouldn't come back to bite you if it was origonally permitted as a towmhouse....and the lots are sold off at a future date
 
Builder Bob said:
Remember, the codes are a minimum... if the designer wishes to over design, that is their call. However, you do not know what the developer has in mind for future plans.......i.e. sell off of individual lots, etc. in the future. Accept them as is, on CO note constructed as townhouse, and later events shouldn't come back to bite you if it was origonally permitted as a towmhouse....and the lots are sold off at a future date
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That's my plan. I spoke with the developer. From what I understand he is going to replat the parcel into two separate lots with the lot line going right down the separation wall. There are other units that are actually townhomes in this development.
 
Mule, I think the developer and you are on the right track. Treat it as two single family dwellings with a zero lot line between the two and be done with it.
 
Mule said:
That's my plan. I spoke with the developer. From what I understand he is going to replat the parcel into two separate lots with the lot line going right down the separation wall. There are other units that are actually townhomes in this development.
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mule,

sounds like a logical solution! what are the required setbacks for that zone?
 
I concur with rktect 1, IRC sez 3 or more = townhome

Mule does the city allow r-2 and r-3 in the same platted zone by the zoning code? Most do not and I have heard that some cities allow duplex (r-2) to be in r-1 zone side by side, lot by lot. Cities in this area do not like a single family next to a duplex then the next lot back to another single family if that makes sence.

pc1
 
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This is a planned development and the zoning administrator can approve this administratively....being that the only difference is two single family residences joined vs three or four.

This will not actually be a duplex even though it will look like one.
 
Until now, our City has not had a 'zero lot line' allowed in any residential zone. But that is changing. Our zoning code will allow 'twin homes' and lot line divisions based on zero lot line requirements, using the townhome requirements from the IRC. Condo is not a code issue, townhome is. Townhomes qualify as 'single-family homes.' So essentially, we'll have single-family townhome-like duplexes under the zoning code, and use the criteria from the IRC for the fire/life safety issues. Gotta do what works.
 
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