20.910.050 Zero Lot Line Developments.
Conditions under which permitted. The following conditions shall exist before any building permit is issued for zero lot line development:
A. Side-yard setbacks. The setback on the adjacent lot to the zero setback side yard lot shall be either zero or at least 5 feet; for exceptions, see Section 20.902.020 VMC.
B. Covenants. Covenants running with the land, approved by the City Attorney, which guarantee that the opposite side yard setback of not less than 5 feet shall be kept perpetually free of permanent obstructions (for exception, see Section 20.902.020), shall be filed with the deed(s) or noted on a plat.
C. Building Walls.
1. The building wall on the zero-foot yard setback shall be constructed of window-free, fire resistive construction per the Building Code standards of Title 17, no portion of which shall project over any property line. The construction shall be subject to review by the Building Official.
2. Covenants running with the land, approved by the City Attorney, shall convey a 4-four-foot maintenance easement with a 1-1/2-foot encroachment into the easement provision, in order to permit variations in design from the adjoining lot. No windows shall be allowed along this wall in any case.
3. Zero lot line (common-wall) construction may be permitted, provided adjoining walls are fire- resistive and constructed according to the standards of sound transmission, per the Building Code standards of Title 17. Common walls must be attached a minimum 60% of the length of the entire building wall.
D. Exception. Zero lot line development standards do not apply to free-standing fences and/or walls that are not directly connected to a roof structure. (Ord. M-3643, 2004)