40.260.260    Zero Lot Line Developments

A.    Purpose.

    Zero lot line provisions are intended to provide flexibility for the placement of structures in new residential land divisions in order to increase usable yard area. Zero lot line developments are different from townhouse developments in that structures are not attached at property lines.

B.    Applicability.

    These provisions can be used as an alternative to standard side or rear setback requirements in the R1-5, R1-6, R1-7.5, R-12, OR-12, R-18, OR-18, R-22 and OR-22 zoning districts when the requirements of this section are applied in conjunction with a land division application.

C.    Requirements.

1.    Preliminary plats using zero lot line provisions may not be approved without approval of a submitted site plan. Both the site plan and preliminary plat shall be consistent with the standards of this section and all other applicable requirements.

2.    Conditions may be imposed to ensure that development on the resultant lots is consistent with the approved site plan.

3.    Building permits for structures may only be approved when consistent with the approved site plan and land division.

4.    Developments meeting all requirements of this section are exempt from separate site plan review under Section 40.520.040.

5.    Zero setbacks may be applied to a side or rear property line; provided, that the setback on the lot abutting a zero setback lot line shall be at least ten (10) feet in the applicable single-family residential districts, and eight (8) feet in the applicable residential or office residential district.

6.    Structures less than three (3) feet to a property line must meet fire resistive provisions of the residential building code.

7.    A note shall be placed on the final plat, and covenants running with the land shall be approved by the Prosecuting Attorney and recorded with the County Auditor to guarantee that the required setbacks are kept perpetually free of structures.

8.    Easements for such purposes as maintenance, or for building projection encroachments beyond a zero setback line, shall be shown on the plat.

D.    Figure 40.260.260-1.

(Amended: Ord. 2008-06-02; Ord. 2009-06-01; Ord. 2010-08-06)