Separate or divided ownership of each single-family unit of a two-family or single-family attached dwelling will be allowed subject to and conditioned upon compliance with the following requirements:

1.   The lot or parcel of real estate being divided into two or more parcels allowing separate ownership thereof must originally meet all of the requirements for uses permitted in One- and Two-Family Residential District or a Multi-Family Residential District.

2.   A two-family or single family attached dwelling must be in existence, or will be constructed thereon, consisting of two or more attached dwelling units with each unit having a separate access and utility services.

3.   The division of the lot or parcel into two or more parcels will be in such a manner as to result in one single-family dwelling unit being located on either side of a common boundary line(s) with the common wall(s), floor(s), and/or ceiling(s) located on the common boundary line(s) between the attached, single-family dwelling units.

4.   Prior to the division into two or more parcels, there will be recorded in the County Recorder’s Office, restrictive and protective covenants, agreement(s), or covenants providing that the owners thereof are jointly and severally liable and responsible for the maintenance and repair of the common elements including, but not limited to, utilities, water, sanitary sewer, storm sewer, easements and driveways, yards, green spaces, and other common areas, all to the point of division.

5.   The two-family and single-family attached dwellings will, in all respects other than the division thereof, be considered as any other single-family dwelling and will meet all requirements pertaining thereto with express understanding that nothing herein will be construed to allow other than residential use of the resulting parcels of real estate in the event that the attached dwelling(s) are partially or totally damaged or destroyed.

6.   The above requirements notwithstanding, no residential structure may be constructed across any lot line except in the case of immediately adjoining lots where the property owner(s) execute and record a Restrictive Covenant and Agreement Not to Sever form. For the purpose of administering this section, the adjoining residential lots shall be considered as one lot with respect to establishing yard and set-back provisions. The authorizations and provisions of this section apply only to proposed construction located on those lots which were platted prior to June 20, 1983, which are immediately adjacent to and adjoining each other, (sharing a common side lot line), for a distance of not less than 100 feet, and which, when considered as one lot, will not create a double-frontage lot as defined herein.