§ R-2.10 Special

REGULATIONS Separate or divided ownership of each single-family unit of a two-family dwelling unit is permitted if the following requirements are met:

A. The lot or parcel of real estate is divided into two parcels, allowing separate ownership of each. Each unit must meet all of the requirements for uses permitted in the R2 District.

B. A two-family dwelling unit consists of two laterally-attached dwelling units with each unit having a separate access and separate utility services, including gas, water, sewer, and electricity.

C. The division of the lot into two parcels must allow a one single-family dwelling unit on either side of a common boundary line with the common wall between the two laterally joined single-family dwelling units.

D. Prior to division of the lot or parcel into two parcels, an applicant must submit to the City Clerk seven copies of proposed restrictive and protective covenants. The covenants must provide that the owners of each parcel divided are jointly and severally liable and responsible for the maintenance and repair of the common wall, as well as of all other common aspects. This requirement includes, but not limited to, utilities, water, sanitary sewer, storm sewer, easements, and driveways, all to the point of division. The Planning and Zoning Commission must determine within 60 days whether the proposed covenants meet the requirements of this paragraph. If approved, the P&Z must return one copy of the covenants to the owners. At that time, the owners must record the covenants at the Office of the Johnson County Recorder. If the Planning and Zoning Commission determines that the proposed Covenants are not satisfactory, the owner must be notified. The applicant may submit a new set of proposed covenants, which must embody the corrections or clarifications deemed necessary by the Planning and Zoning Commission.

E. The two-family dwelling unit is, other than its divided ownership, considered as any other residential dwelling and must meet all requirements pertaining to residential dwellings.

F. Zero lot-line dwellings may be created by filing an application at the time of submitting an application for a building permit. The application must state that the applicant intends to build a residential structure on two adjoining lots as a zero lot-line or multi-family structure that otherwise conforms with Sections R-2.09.A through R-2.09.E. All covenants and restrictions on the land and structures must be consistent with those restrictions and conditions found in Sections R-2.09A through R2.09.E. The zero lot-line dwelling structure must meet all of the minimum lot sizes and setback requirements applicable as described in Table R-2 as follows.

TABLE R-2 TWO-FAMILY RESIDENTIAL Minimum Lot Requirements Minimum Lot Size Requirements Minimum Yard Requirements Side Side Street Front Yard Yard Side, Rear R-2 Frontage Width Depth Area Yard One Two Corner Yard Maximum Depth Story Story Lot Depth Height

(ft) (ft) (sq ft) (ft) (ft) (ft) (ft) (ft) Permitted Principal Uses 2 1/2 and stories or Structures 80 100 12,000 20 10 10 20 30 38 ft Permitted Accessory 2 1/2 Uses and stories or Structures 80 100 18,000 30 10 10 20 40 38 ft

R-4, R-6, R-8, R-12 RESIDENTIAL DISTRICT MULTI-FAMILY