The zero lot line subdivision application, review and approval procedures shall be the same as those for minor subdivisions (Chapter 21.15 SGC) except as specified below:
A. 
The exact locations of the structures shall be shown along with dimensions to each adjacent property line. This may be accomplished by either of the following methods:
1. 
Obtain foundation permit and have foundation in place when survey is accomplished to provide plat of subdivision; or
2. 
Indicate proposed location of structure and surveyor field stake foundation prior to building permit.
B. 
No construction beyond the footings and stem wall shall be permitted and commenced until plat approval has been completed.
C. 
Upon the receipt of a detailed written request by the applicant, the municipality may approve an alternate zero lot line process on a case-by-case basis. In all instances, a plat must be approved by the city planning commission or assembly and shall comply with the documentation required elsewhere in this chapter.
D. 
The plat application shall include the proposed party wall agreement as required in SGC § 21.30.040.
(S.G.C. 21.24.010; Ord. 03-1729 § 4, 2003)
The final plat shall comply with all other final plat requirements and shall include all required plat certificates and plat notes. In addition, the final plat shall contain the following additional certification:
LOT(S) ___________ ARE INTENDED TO BE SOLD ONLY FOR ZERO LOT LINE DEVELOPMENT. LOT DEVELOPMENT SHALL REMAIN ZERO LOT LINE OR COMMON WALL CONSTRUCTION IN ITS ENTIRETY FOR THE LIFE OF THE COMMONLY BOUND UNITS. SHOULD FIRE OR OTHER DESTRUCTION OCCUR TO ONE OR BOTH OF THE UNITS, THEY SHALL BE RECONSTRUCTED ONLY AS A COMMON WALL UNIT, AGAIN, FULLY JOINED TO THEIR NEIGHBOR, UNLESS ONE SUCH PARTY TOTALLY BUYS THE INTEREST OF THE OTHER AND RECONSTITUTES THE ORIGINAL PROPERTY BACK INTO A SINGLE LEGAL USE. THERE IS A RECORDED PARTY WALL AGREEMENT RESTRICTING THE USE OF THIS PROPERTY FOUND AT SITKA RECORDING DISTRICT UNDER SERIAL NUMBER ___________.
CONSTRUCTION OF THE COMMON WALL UNITS ALONG A COMMON LOT LINE SHALL BE SIMULTANEOUS UNLESS SEPARATE CONSTRUCTION RECEIVES PRIOR APPROVAL BY THE MUNICIPALITY FOR GOOD CAUSE SHOWN.
(S.G.C. 21.24.020; Ord. 03-1729 § 4, 2003)
A. 
Additional requirements.
1. 
Zero lot line subdivisions shall permit side by side, one-family structures only (no duplex or more per side) and shall have a minimum of 25 percent of the total party wall adjoined together as a common wall.
2. 
The common wall shall consist of the following minimum rated fire wall: five-eighths-inch Type X rated sheet rock shall be placed on the interior face of each unit, followed by a minimum of a two-inch by four-inch stud wall (16-inch on center), followed by a five-eighths-inch weather-resistant, fire-rated gypsum wallboard. This is followed by a minimum of a one-inch air space, then a five-eighths-inch weather-resistant, fire-rated gypsum wallboard, then a minimum of a two-inch by four-inch stud wall (16-inch center) with a five-eighths-inch Type X rated sheet rock on the interior face of the second unit. This double-protected wall forms the common or party wall and shall be constructed so as to extend from the top of the concrete stem wall to the underside of the roof sheathing.
3. 
Separate water, sewer, and electrical utility services are required for each unit side. All the above services shall extend to and be individually connected to the adjacent municipal lines in the adjacent street. As separate saleable units, a zero lot line is treated as if they were totally separated buildings. No break or problem in any utility service should be allowed to have any adverse effect on the adjacent unit.
(S.G.C. 21.24.030; Ord. 03-1729 § 4, 2003; Ord. 12-31A § 4(A), 2012)
A party wall agreement shall be included as a covenant to all zero lot line subdivisions and shall be entered into by the adjacent affected property owners. This agreement shall include, but is not limited to, the following sections:
A. 
Recitals.
1. 
A legal description of the property;
2. 
Declarations of ownership, common wall definitions, and the purpose of the document.
B. 
Party wall.
1. 
Declaration of the party wall as defined;
2. 
Provisions for the shared responsibility of major maintenance and replacement as well as the use of any common problems (i.e., party wall) of said development;
3. 
Statement of the duration and effect of this agreement;
4. 
Provisions for regulations involving encroachment onto the adjacent property.
C. 
Use of the property.
1. 
Provisions for the major maintenance or modification of each side of the structure’s exterior with the adjacent owner’s agreement;
2. 
Declaration of the restricted use to a single-family dwelling only for each lot;
3. 
Restrictions for the maintenance and upkeep of each lot in a neat and orderly fashion;
4. 
A statement on the procedure should one or both of the units be destroyed or removed. This may include the provision of one owner purchasing the total interest of the other party and the removal and revocation of the zero lot line subdivision and party wall agreement thereby returning the total property back to a single lawful use.
(S.G.C. 21.24.040; Ord. 03-1729 § 4, 2003)
A. 
Submittal. The applicant shall submit all required information at least 15 days prior to the date that the planning commission hearing on the subdivision is scheduled. All data shall be submitted to the planning office of the municipality.
B. 
Public hearing. At a regular meeting, the planning commission shall hold a public hearing on the application request. The commission may approve, conditionally approve, or deny the application. Flagging of lot lines shall be installed as directed by the municipality. If denied, the commission shall cause to have prepared a formal letter outlining the reasons for denial.
C. 
Denial – Appeal. If the planning commission denies the requested subdivision, the applicant has 15 days, from the date of the denial, to file a timely appeal. Such appeal shall be in writing, stating any reasons the applicant feels are relevant to the cause and shall be filed with the municipal clerk. A timely appeal shall stay all proceedings pending the outcome of the appeal. The assembly of the city and borough of Sitka shall hear the appeal, acting as a board of adjustment, within 60 days of receipt of the appeal. All records, applications, and other material shall be supplied to the assembly for their deliberations.
(S.G.C. 21.24.050; Ord. 03-1729 § 4, 2003)