(A) Lot area, lot width, and yard requirements (for each unit).
(1) Front yard setback: 30 feet;
(2) Lot area: minimum lot area of 6,500 square feet;
(3) Lot width: minimum lot width of 65 feet;
(4) Side yard setback: not less than ten feet; and
(5) Rear yard setback: 20 feet from the public right-of-way or ten feet from the lot line.
(B) Conditional uses. Two-family dwellings and twin homes may be divided into single parcels of record with the party wall acting as the dividing lot line by issuance of a conditional use permit and subject to the following conditions.
(1) Each of the lots created in subdividing lands on which a two-family structure is located shall be equal as is reasonably possible and shall be shown on a registered survey.
(2) Except for setbacks along the common property line, all other setback and yard requirements shall be met.
(3) Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone, and other utilities.
(4) The two-family units, either existing or proposed, must be constructed in a side-by-side manner.
(5) To protect the safety and property of the owner and occupants of each individual unit, no existing two family structure may be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). Party walls must provide sound transmission control ratings as per the State Building Code.
(6) Uniformity in outside appearance. Siding and roofing need to be made of the same product and same color.
(7) Party walls:
(a) PARTY WALL means each wall, which is built as a part of the original construction of the living units upon the properties and placed on the dividing line between the lots shall constitute a PARTY WALL, and, to the extent not inconsistent with the provisions of this section, the general rules of law regarding PARTY WALLS and liability for property damage due to negligence or willful act or omissions shall apply thereto.
(b) The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use of wall.
(c) If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owner thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999