The Planning Commission is hereby authorized to approve the instrument of conveyance, which divides a lot zoned residential two-family and which is occupied by a two-family dwelling unit into two separate parcels with each resulting parcel containing an attached dwelling unit sharing a common wall with the other under the following conditions:
(A) After the lot division, each parcel shall contain a minimum lot area of 4,500 square feet.
(B) The dwelling unit on each divided parcel shall meet all applicable front, side and rear set back requirements of the zoning code except for the side which forms the common wall.
(C) Each parcel and dwelling created by the division shall be served by separate connections for water, sewer, gas and electricity.
(D) (1) For duplexes constructed after May 11, 1982, common or party walls shall meet the "fire wall" requirements of the BOCA Building Code, 1987 edition.
(2) For duplexes constructed before May 11, 1982, the applicants, as a condition of approval, shall execute, acknowledge and record in the office of the County Clerk a statement reading as follows: "Applicants have been informed that there is no fire wall between the units as now required by the building codes of the City of Bethany, and applicants, by signing this application, hereby covenant and agree to hold the City of Bethany harmless from any liability as a condition for and in consideration of the approval of the conveyances dividing applicants' lot into two separate parcels and this provision shall constitute a covenant running with the land."
(E) All plumbing connections, electrical service and gas service for each unit shall meet the requirements of the codes of the city pertaining to single-family dwellings.
(F) A party wall agreement providing for maintenance and repair of common areas in a form acceptable to all owners of the tract of land shall be recorded of record.
(G) An application for the approval of the lot split shall be signed and submitted by all owners of the property to be divided, and owner shall include a survey of the property showing the proposed lot division, all structures, easements, setbacks and identifying any areas to be held in common by the owners on a common property line. All items submitted in paper form shall also be submitted in digital form.
(Prior Code, § 13-526) (Ord. 1495, passed 11-3-92; Am. Ord. 1974, passed 8-6-19)