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165.49  ZERO LOT LINE CRITERIA.
Utilization of the zero lot line regulations under this chapter requires the approval of the entire subdivision in which a zero lot line unit is to be proposed.  Approval of subdivisions shall be limited to generally undeveloped areas and the review shall follow the procedures required for all rezoning proposals.  Approval of a subdivision for zero lot line regulations shall be so designated by the symbol ZL following the subdivision name on the district map.  A duplex may be built which utilizes zero lot line regulations when all of the following conditions have been met:
   1.   Each dwelling unit is attached on the side and only one side to the other dwelling unit and further that the side property line divides each dwelling unit.
   2.   The applicant provides to the City Council and records in the office of the County Recorder acceptable covenant and deed restrictions on all properties that are proposed for zero lot line designation, which includes the following:
      A.   Provision for access to the abutting property for the adjacent property owner and/or representative for the purpose of construction, reconstruction, repair, and maintenance of the side which all abut the common lot line.
      B.   Provision for necessary easement encroachments for footings, eaves, and special structures and provides for perpetual easements in the event of an encroachment by the party wall.
      C.   Provision that the City is a third party to the approval and subsequent changes to any covenants and deed restrictions, but is not a third party in enforcement of said covenants and deed restrictions.
   3.   Restrictions shall be provided to limit changes of color, material, and design of the dwelling as to be compatible with the attached unit.   
   4.   Adequate provisions for utilities shall be provided.