A. Condominium subdivisions, with each unit or a portion of the original lot independently owned, having lot lines along common walls, may be permitted in any zone, providing that:
1. The parent lot, including all areas of land and building proposed for common and independent ownership, when considered as a whole, meets the minimum lot size and all building setback requirements for the type of structure within the existing zoning designation. As a special exception, condominium platting of structures determined to be nonconforming by reason of restrictions on area, lot coverage, height, building setback or location on the lot may be allowed, if said nonconformity is not further increased by the proposed division, and the proposed condominium plat is not found to be contrary to the public interest.
2. The proposed condominium subdivision does not result in the creation of any additional development sites.
3. All applicable City, State, and Federal building regulations and Fire Codes pertaining to common wall and zero lot line construction shall be complied with.
4. Common walls shall be adequately soundproofed in accordance with International Building Code requirements.
5. Electric, domestic water supply, sewer service, heating and air conditioning systems, and all other incorporated utility systems shall be appropriately designed for each unit of occupancy.
6. Deeds or covenants pertaining to buildings shall contain appropriate provisions regarding maintenance of individually or commonly owned indoor or outdoor walls, common areas, and outdoor yard areas.
7. Maintenance or encroachment easements shall be recorded as necessary for individual owners to assure access to all commonly and individually owned yard areas and outdoor walls.
8. The development otherwise complies with all requirements of Idaho Code title 55, chapter 15, and title 11, "Zoning Regulations", of this Code and all other applicable City ordinances and codes. (Ord. 416, 5-9-2006)