§ 35-373. Attached Dwellings.

(a)

Applicability. The provisions of this section apply to any single-family attached dwelling, duplex, townhouse, zero-lot line house, cottage, or housing facility for older persons.

(b)

Townhouse Development.

(1)

No front yard or side yard is required.

(2)

A rear setback shall not be required when the townhouse lot abuts an alley or driveway having a minimum right-of-way width of twenty-four (24) feet which is used to provide ingress and egress to such townhouse development. On townhouses and lots that do not abut at the rear, an alley or driveway having a minimum width of twenty-four (24) feet, a twelve-foot rear setback shall be required.

(3)

One hundred (100) square feet of contiguous open area shall be provided on each individual lot. The one hundred (100) square feet of open area may be used for children's play area and/or patio and may be located in front or to the rear of the townhouse. On corner lots or where side yards are present, the one hundred (100) square feet of contiguous area may include the side yard as long as it is not separated by a fence from the remaining portion of the one hundred (100) square feet of space. The "contiguous open area" may consist of lawns, landscaped areas and/or walkways, but shall not include parking or driveways.

(4)

The minimum lot depth shall be eighty (80) feet.

(5)

Townhouses shall not be subject to the minimum lot size for RM districts in Table 310-1.

(6)

Except in the "TOD" district, no townhouse development shall exceed a density of more than forty (40) units per gross acre.

(7)

The minimum lot width shall be fifteen (15) feet.

(8)

Each townhouse shall have either an attached garage, a detached garage, or there shall be a common non-commercial parking lot for the townhouse development. Parking shall not be required in an approved IDZ zoning district.

(9)

A townhouse shall have a maximum of three (3) floors in any zoning district and shall have a maximum of four (4) floors where in an approved IDZ zoning district, or the downtown (D) zoning district.

(10)

Subsection 35-343(m) Urban Design does not apply to townhomes.

(c)

Zero Lot Line Development.

Purpose. The purpose of the zero lot line regulations is to provide for single-family attached or detached residential structures with one (1) zero side setback area. The intent is to allow a single-family structure to be placed on a side lot line in order to provide a more usable side yard on the other side.

(1)

Zero lot line development shall comply with 310-1 of this article with the exception of the minimum side setbacks in Column (J).

(2)

A zero lot line may only be located on an interior side property line.

(3)

The zero lot line for each lot shall be denoted on the subdivision plat.

(4)

For zero lot line subdivisions, a minimum five-foot wide maintenance easement shall be provided through deed restrictions on the lot adjacent to the zero lot line. This easement shall be kept free of permanent obstructions such as tool sheds or fences without a gate. When filing an application for a building permit for a zero lot line development, the subdivider shall provide the city with two (2) copies of deed restrictions establishing the maintenance easements. One (1) copy of these deed restrictions shall be recorded by the applicant prior to issuance of the building permit. Along with the required building permit filing fees, an additional fee shall be provided by the subdivider to cover the recording costs of these deed restrictions.

The following notation shall appear on the plat:

"Foot wide maintenance easements are established within the lots adjacent to all nonattached zero lot lines. Such easements shall extend for the depth of the lot and are included in the deed restrictions for all affected properties."

(5)

Dwelling units shall be constructed on the zero lot line on one (1) side of the lot and a side setback shall be provided on the other side of the said lot subject to the following conditions:

A.

The minimum width of the side setback opposite the zero lot line shall be ten (10) feet.

B.

A zero setback shall not be permitted when the zero lot line abuts a non-zero lot line development, in which case, a minimum side setback of five (5) feet shall be required.

C.

There shall be no openings in any exterior wall located upon or oriented towards the zero side yard of the subject property. Exception: an alcove or atrium with doors or windows may be recessed into the dwelling structure if such recessed area is separated from the zero side yard by means of a solid wall not less than eight (8) feet in height. Said wall shall be constructed of the same material as exterior walls of the unit.

(6)

The zero-lot line for an existing legally permitted zero-lot line residence may be maintained on any addition to the residence, so long as the maintenance easement requirement indicated above is maintained.

(d)

Cottage Housing Developments. The following regulations apply to cottages and cottage housing developments (CHDs). For purposes of this subsection (d), a "cottage" means a single-family detached dwelling which meets the requirements of this section, and a "cottage housing development" means a lot, parcel, or contiguous development site on which one (1) or more cottages are located.

(1)

Density and Minimum Lot Area.

A.

In CHDs the permitted density shall be as follows:

Zoning District	Lot or Parcel Square Footage Per Unit	Dwelling Units Per Acre
Infill Development Zone "IDZ"	2,900	15
Residential Mixed ("RM-4")	3,300	13
Residential Mixed ("RM-5")	3,900	11
Residential Mixed ("RM-6")	4,800	9

 

B.

The minimum lot area for a CHD shall be eleven thousand six hundred (11,600) square feet.

C.

On a lot to be used for a CHD, an existing detached single-family residential or duplex, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased.

(2)

Height Limit and Roof Pitch.

A.

Cottages shall not exceed eighteen (18) feet or one and one-half (1½) stories in height

B.

The ridge of pitched roofs with a minimum slope of six (6) to twelve (12) may extend up to twenty-five (25) feet. All parts of the roof above eighteen (18) feet shall be pitched.

(3)

Lot Coverage and Floor Area.

A.

The maximum lot coverage permitted for principal and accessory structures in a CHD shall not exceed forty (40) percent.

B.

The maximum first floor or principal floor area for an individual principal structure in a CHD shall not exceed eight hundred (800) square feet.

C.

The total floor area of each cottage shall not exceed either 1.5 times the area of the principal floor area, or nine hundred seventy-five (975) square feet, whichever is less.

(4)

Yards.

A.

Front yards. The front yard shall be an average of ten (10) feet and at no point shall be less than five (5) feet.

B.

Rear yards. The minimum rear yard shall be ten (10) feet.

C.

Side yards. The minimum required side yard shall be five (5) feet.

(5)

Required Open Space.

A.

In lieu of the requirements of subsection 35-503(b) of this chapter, a minimum of four hundred (400) square feet per unit of common open space is required. A fee pursuant to subsection 35-503(c) shall not be paid in lieu of this open space.

B.

At least fifty (50) percent of the cottages shall abut the common open space.

C.

All of the cottage units shall be within sixty (60) feet walking distance of the common open space.

D.

The common open space shall have cottages abutting at least two (2) sides.

E.

The open space shall in all other respects conform to the parks and open space standards (section 35-503) of this chapter.

(6)

Parking.

A.

The amount of parking spaces shall be as provided in subsection 35-526(b).

B.

Parking may be in or under a structure or outside a structure, provided that:

1.

The parking is screened from direct street view by one (1) or more street facades, by garage doors, or by a fence and landscaping.

2.

Parking between structures is only allowed when it is located to the rear of the principal structure and is served by an alley or private driveway.

3.

Parking may not be located in the front yard.

Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line, which is not a street side lot line.

(e)

Housing Facilities for Older Persons.

(1)

For purposes of this subsection (e), a "housing facility for older persons" (hereinafter "HFOP") means any apartment which complies with the provisions of 24 C.F.R. §§ 100.3 04—100.307.

(2)

An HFOP shall be permitted as of right:

A.

In any "RM-4," "RM-5," or "RM-6" zoning district subject to the requirements of this section, or

B.

In any "MF-18," "MF-25," "MF-33," "MF-40," or "MF-50" subject to the standards generally applicable to other uses within such districts.

(3)

Prior to issuance of an application for development approval authorizing construction or establishment of an HFOP, the applicant shall provide to the director of planning and development services:

A.

A copy of the policies and procedures required by 24 C.F.R. § 100.306, and

B.

A copy of the verification of occupancy required by 24 C.F.R. § 100.307.

(4)

An HFOP permitted within the "RM-4," "RM-5," or "RM-6" zoning districts shall comply with the following:

A.

The building shall not exceed two (2) stories in height; and

B.

The building shall conform to the setback standards generally applicable within the zoning district; and

C.

The building shall comply with the minimum and maximum parking standards applicable to multi-family dwellings; and

D.

The proposed development shall comply with all applicable standards of article V of this chapter.

(Ord. No. 98697 § 4) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)