Union City Zoning Code
ARTICLE XII
Zero Lot Line Residential Development
Section 405.470 Purpose.
[Ord. No. 3927 §4, 2-9-2015]
The zero lot line residential development provisions of this Article are designed to provide a more affordable ownership housing opportunity for a wide range of income groups while assuring compatibility with, and maintaining the stability and quality of, existing neighborhoods; to provide the opportunity for lower development costs and lower per-unit land costs that subsequently lower the cost of housing for the consumer; to provide an economical and logical response to high-cost infill properties; to promote a more efficient utilization of land; and to promote energy conservation.
Section 405.480 Applicability.
[Ord. No. 3927 §4, 2-9-2015]
A.
The provisions of this Article are intended to serve as conditions required for approval of zero lot line residential developments, as they may be permitted within an R-3 zoning district and conditionally permitted within the R-2 zoning district or as allowed under Title IV, Chapter 405, Zoning Code, Article XV, Planned Unit Development (PUD).
B.
It is not intended that this Article apply to townhouse development involving no side yard setbacks on either side, or condominium development.
Section 405.490 Buildings and Activities Allowed.
[Ord. No. 3927 §4, 2-9-2015]
A.
Within residential zones established by this Article, R-2 and R-3, the following uses are conditionally permitted, subject to other applicable provisions of this Article:
1.
A single-family detached dwelling, where the dwelling is situated on a side property line that is common to another parcel.
2.
A single-family attached dwelling, where the dwelling is constructed to the development standards provided in this Article and intended to be divided, thereby creating two zero lot line dwellings.
3.
Conversion of an existing duplex to zero lot line dwellings, provided that the other provisions of this Article are met.
Section 405.495 Property Development Standards.
[Ord. No. 3927 §4, 2-9-2015]
A.
Property development standards are as follows:
1.
Area.
b.
In the case of an existing lot seven thousand five hundred (7,500) square feet or greater in size and in an R-2 or R-3 zone, a zero lot line duplex may be permitted, provided that development standards in effect prior to February 19, 2015, are met and a minimum of forty-five percent (45%) of the total public street frontage may be attributable to each parcel.
[Ord. No. 4037 §4, 7-11-2016]
c.
In subdividing of property, a maximum of ten-percent alteration in either lot size or street frontage may be permitted, if the overall development maintains the density required by these regulations and the total amount of street frontage required for the number of parcels created.
d.
In instances where development may occur on a lot of record, a minimum of forty-five percent (45%) of the total lot area shall be attributable to each parcel upon subdividing.
2.
Setbacks.
a.
Front yard. No structure shall be located closer than twenty-five (25) feet to a front property line.
b.
Side yard. Except for the zero lot line setback on the common property line, no structure shall be located closer than ten (10) feet to other side property lines. In no case shall a setback of zero (0) feet be permitted under this Article for a side yard that is not common to development proposed under this provision.
c.
Rear yard. No structure shall be located closer than twenty (20) feet to a rear property line.
d.
Vision clearance. Vision clearance shall be a minimum of twenty (20) feet on corner lots only.
3.
Height. Maximum heights for any structure shall be thirty-five (35) feet.
4.
Coverage. Not over forty percent (40%) of the lot shall be covered by buildings located thereon.
6.
Street frontage. It is the legislative intent of this provision of the Article to provide zero lot line residential development with clear, unencumbered public street frontage and vehicular access to each unit. The following minimum public street frontage requirements are established for each zero lot line parcel:
a.
R-2 and R-3 zone: fifty-five (55) feet.
B.
In subdividing the property, a minimum of forty percent (40%) of the total public street frontage may be attributable to each parcel. Diagrams have been provided in this Article to specify alternative unit and parcel arrangements.
Section 405.500 Procedures for Review.
[Ord. No. 3927 §4, 2-9-2015]
A.
Applications for development or conversion of zero lot line dwellings on contiguous parcels as set forth in this Article shall be processed or reviewed as follows:
1.
Three (3) or fewer units shall be processed as a minor subdivision pursuant to Chapter 410 of the Union City Code.
2.
Four (4) or more units shall be processed as a subdivision pursuant to Chapter 410 of the Union City Code.
3.
In subdividing property pursuant to Section 405.495A(1)(c) above it shall be processed as a major subdivision.
Section 405.510 Criteria for Approval of Development.
[Ord. No. 3927 §4, 2-9-2015]
A.
In review of a proposed zero lot line residential development, the following criteria shall be met:
1.
The proposed development complies with all other applicable provisions of this Article and the City of Union Comprehensive Plan.
2.
An owners agreement, as defined by this Article, shall be filed with application for approval, and shall include provisions as determined to be appropriate by the City Engineer and City Attorney, for resolving the following items associated with the use, maintenance and repair of common areas and facilities:
a.
Assurance that the building and surrounding property will be used for residential purposes only;
b.
Provisions for the repair and maintenance of all common areas and facilities as well as a method of fair payment for such repairs and maintenance;
c.
Provisions for mutual consent prior to making structural, paint, or decorative changes to the building exterior;
d.
Provisions for equitably resolving liens filed against areas of common responsibility or interest;
e.
Provisions granting access or easement to each owner for the purpose of maintaining or repairing the structure and related facilities;
f.
Assurance that the owner(s) will obtain insurance coverage in an amount not less than the full replacement value of the structure;
g.
Provisions for liability and equitable treatment in the event of damage or destruction of the building due to fire or other casualty; and
h.
Provision for emergency action by one party in the absence of the other where an immediate threat exists to the property of the former.
B.
Such owners agreement shall be filed with the Recorder of Deeds upon approval of the proposed development and shall become perpetual deed restrictions to the property.
Section 405.515 Subdivision.
[Ord. No. 3927 §4, 2-9-2015]
In instances where subdivision of land shall be required for zero lot line residential developments, the appropriate provisions of Chapter 410 of the Union City Code shall be followed. However, conditional use and subdivision approval may be requested simultaneously.