(A) General provisions; location on lot.
(1) Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be coincident with the property line (the designated zero lot line); or one exterior wall not more than three feet from the property line.
(2) There shall be a minimum separation of ten feet between main structures on adjacent lots.
(3) Side yards and maintenance easements shall be placed on the subdivision plat.
(4) In no instance shall a structure or any part thereof, including eaves, encroach upon an adjacent lot or cross a platted lot line.
(5) There shall be no openings in the exterior wall having a setback of three feet or less. Opening shall mean window, door or glass block.
(6) There shall be no obstructions in the side yard coincident with the designated zero lot line. Obstructions shall include mechanical equipment, satellite television dishes or other accessory structures. There shall also be no fence coincident with the designated zero lot line for the entire length of the main structure.
(7) See Appendix C, Figure 1, for illustration.
(B) Front yard setback. The minimum front yard shall be 25 feet. The front yard setback may be reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. A minimum lot depth of 65 feet, as measured from front building line to rear lot line, shall be maintained.
(C) Rear yard setback. The minimum rear yard shall be five feet for a single-story structure and 15 feet for any two-story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.
(D) Side yard setback. The minimum side yard shall be zero feet except that there shall be at least ten feet of separation between structures. There shall be a minimum setback of 20 feet from any property line adjacent to a street.
(E) Lot frontage. The minimum frontage of any garden (patio) home shall be 25 feet.
(F) Lot area. The minimum lot area for any development lot for garden (patio) homes shall be 2,800 square feet.
(G) Lot coverage. The combined area of all structures shall not exceed 65% of the lot area.
(H) Maximum height of structures. No structure shall exceed two stories or 35 feet in height.
(I) Parking. Two off-street spaces per dwelling unit plus one-half space per dwelling unit for visitor parking within 600 feet of each dwelling unit shall be provided. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
(J) Common area maintenance. To ensure the long term maintenance of common land and facilities in patio home developments, the following shall be required.
(1) Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect. A Homeowners Association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
(2) The HOA or other similar management entity shall be organized as a non-profit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land, included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.
(K) Usable open space requirements. Each parcel of land developed under patio home standards shall provide usable open space totaling 15% of the area of a patio home development. Such open space shall have a maximum slope of 10% and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The 15% shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
(L) Additional landscaping. In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
(Ord. passed 4-4-2000)