§ 58.518. Duplex and Tandem Dwelling Lot Splits.

(a)

Intent. The duplex and tandem dwelling lot split standards are intended to allow each dwelling unit within an existing duplex dwelling building site (including those that may currently be in condominium ownership and existing nonconforming side-by-side duplexes and court homes) to be converted to fee-simple ownership, similar to attached dwelling developments (see Part 3B of this Chapter), where such use is otherwise permitted by this Code. These standards are also intended to ensure proper and functional design. In order to ensure maintenance of common areas within duplex dwelling developments, the City encourages fee simple owners to record clear covenants, conditions, and restrictions for maintenance of common areas and common facilities.

(b)

Process. Duplex and tandem dwelling lot splits may be approved in conjunction with a subdivision plat or lot split approval wherever such dwellings are permitted by this Code. An applicant wishing to undertake a duplex or tandem dwelling lot split shall specifically request such approval in conjunction with an application for plat or lot split approval. All applications shall include a detailed site plan, with building elevations, for appearance and neighborhood compatibility review.

(c)

Effect of Approval. Where a subdivision plat has been approved for a duplex or tandem dwelling lot split development, the final plat must substantially conform to the duplex or tandem dwelling lot split approval. No building permit will be issued for any duplex or tandem dwelling lot split development except in accordance with the approved subdivision plat or lot split.

(d)

Ownership and Maintenance of Common Areas and Structures. Common areas and structures must meet the requirements of Part 5D, Chapter 65 of this Code (Improvements Retained in Private Ownership) and Part 5E of this Code, (Maintenance of Common Improvements and Open Space).

(e)

Building Site Standards. In order to establish two separate lots, the duplex or tandem dwelling building site must conform to the following minimum standards:

1.

The duplex or tandem dwelling building site must conform with section 58.110, Figure 1 for two family conventional development in the zoning district in which it is located, or

2.

Must be a legal non-conforming dwelling or lot of record.

(f)

Lot Standards. Both lots within a building site must comply with the following minimum standards:

1.

Minimum lot area for each dwelling is 2,000 sq. ft.

2.

Front-to back lots are not required to have street frontage for the rear lot, but must include a vehicular cross-access easement to the right-of-way.

3.

No existing accessory dwelling unit in an R-2A or R-2B district may be converted to a tandem dwelling unless it conforms to the development standards for tandem dwellings.

(g)

Duplex Dwelling Development Standards. Duplex dwelling lot split developments must conform to all of the following additional standards:

1.

The original undivided lot is considered one unified parcel or building site for zoning purposes.

2.

Utility lines must either be separate and independent, or for any shared utility, must have a joint maintenance agreement.

(Ord. No. 2017-17, § 6, 4-10-2017, Doc. #1704101203)