[Ord. No. 3927 §4, 2-9-2015]
The zero lot line residential development provisions of this
Article are designed to provide a more affordable ownership housing
opportunity for a wide range of income groups while assuring compatibility
with, and maintaining the stability and quality of, existing neighborhoods;
to provide the opportunity for lower development costs and lower per-unit
land costs that subsequently lower the cost of housing for the consumer;
to provide an economical and logical response to high-cost infill
properties; to promote a more efficient utilization of land; and to
promote energy conservation.
[Ord. No. 3927 §4, 2-9-2015]
A.
The provisions of this Article are intended to serve as conditions required for approval of zero lot line residential developments, as they may be permitted within an R-3 zoning district and conditionally permitted within the R-2 zoning district or as allowed under Title IV, Chapter 405, Zoning Code, Article XV, Planned Unit Development (PUD).
B.
It is not intended that this Article apply to townhouse development
involving no side yard setbacks on either side, or condominium development.
[Ord. No. 3927 §4, 2-9-2015]
A.
Within residential zones established by this Article, R-2 and R-3,
the following uses are conditionally permitted, subject to other applicable
provisions of this Article:
1.
A single-family detached dwelling, where the dwelling is situated
on a side property line that is common to another parcel.
2.
A single-family attached dwelling, where the dwelling is constructed
to the development standards provided in this Article and intended
to be divided, thereby creating two zero lot line dwellings.
3.
Conversion of an existing duplex to zero lot line dwellings,
provided that the other provisions of this Article are met.
[Ord. No. 3927 §4, 2-9-2015]
A.
Property development standards are as follows:
1.
Area.
b.
In the case of an existing lot seven thousand five hundred (7,500)
square feet or greater in size and in an R-2 or R-3 zone, a zero lot
line duplex may be permitted, provided that development standards
in effect prior to February 19, 2015, are met and a minimum of forty-five
percent (45%) of the total public street frontage may be attributable
to each parcel.
[Ord. No. 4037 §4, 7-11-2016]
c.
In subdividing of property, a maximum of ten-percent alteration
in either lot size or street frontage may be permitted, if the overall
development maintains the density required by these regulations and
the total amount of street frontage required for the number of parcels
created.
d.
In instances where development may occur on a lot of record,
a minimum of forty-five percent (45%) of the total lot area shall
be attributable to each parcel upon subdividing.
2.
Setbacks.
a.
Front yard. No structure shall be located closer
than twenty-five (25) feet to a front property line.
b.
Side yard. Except for the zero lot line setback
on the common property line, no structure shall be located closer
than ten (10) feet to other side property lines. In no case shall
a setback of zero (0) feet be permitted under this Article for a side
yard that is not common to development proposed under this provision.
c.
Rear yard. No structure shall be located closer
than twenty (20) feet to a rear property line.
d.
Vision clearance. Vision clearance shall be
a minimum of twenty (20) feet on corner lots only.
3.
Height. Maximum heights for any structure shall
be thirty-five (35) feet.
4.
Coverage. Not over forty percent (40%) of the
lot shall be covered by buildings located thereon.
6.
Street frontage. It is the legislative intent
of this provision of the Article to provide zero lot line residential
development with clear, unencumbered public street frontage and vehicular
access to each unit. The following minimum public street frontage
requirements are established for each zero lot line parcel:
a.
R-2 and R-3 zone: fifty-five (55) feet.
B.
In subdividing the property, a minimum of forty percent (40%) of
the total public street frontage may be attributable to each parcel.
Diagrams have been provided in this Article to specify alternative
unit and parcel arrangements.
[Ord. No. 3927 §4, 2-9-2015]
A.
Applications for development or conversion of zero lot line dwellings
on contiguous parcels as set forth in this Article shall be processed
or reviewed as follows:
1.
Three (3) or fewer units shall be processed as a minor subdivision pursuant to Chapter 410 of the Union City Code.
2.
Four (4) or more units shall be processed as a subdivision pursuant to Chapter 410 of the Union City Code.
3.
In subdividing property pursuant to Section 405.495A(1)(c) above it shall be processed as a major subdivision.
[Ord. No. 3927 §4, 2-9-2015]
A.
In review of a proposed zero lot line residential development, the
following criteria shall be met:
1.
The proposed development complies with all other applicable
provisions of this Article and the City of Union Comprehensive Plan.
2.
An owners agreement, as defined by this Article, shall be filed
with application for approval, and shall include provisions as determined
to be appropriate by the City Engineer and City Attorney, for resolving
the following items associated with the use, maintenance and repair
of common areas and facilities:
a.
Assurance that the building and surrounding property will be
used for residential purposes only;
b.
Provisions for the repair and maintenance of all common areas
and facilities as well as a method of fair payment for such repairs
and maintenance;
c.
Provisions for mutual consent prior to making structural, paint,
or decorative changes to the building exterior;
d.
Provisions for equitably resolving liens filed against areas
of common responsibility or interest;
e.
Provisions granting access or easement to each owner for the
purpose of maintaining or repairing the structure and related facilities;
f.
Assurance that the owner(s) will obtain insurance coverage in
an amount not less than the full replacement value of the structure;
g.
Provisions for liability and equitable treatment in the event
of damage or destruction of the building due to fire or other casualty;
and
h.
Provision for emergency action by one party in the absence of
the other where an immediate threat exists to the property of the
former.
B.
Such owners agreement shall be filed with the Recorder of Deeds upon
approval of the proposed development and shall become perpetual deed
restrictions to the property.
[Ord. No. 3927 §4, 2-9-2015]
In instances where subdivision of land shall be required for zero lot line residential developments, the appropriate provisions of Chapter 410 of the Union City Code shall be followed. However, conditional use and subdivision approval may be requested simultaneously.
