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HomeMy WebLinkAboutZERO LOT LINE DEVELOPMENT1111111111111111111111111111111111111111111111 *NEW FILE* Zero Lot Line Development Zero Lot Line Development By Welford Sanders TABLE OF CONTENTS Part 1. Introduction.................................................................. 1 Part 2. Basic Ordinance Provisions for Zero Lot Line Housing ............................ 2 Setback Requirements.............................................................. 2 Frontage and Lot Coverage Requirements ............................................. 2 Building Dimensions............................................................... 4 Special Treatment of Lot Line Walls ................................................. 4 Minimum Size of Development...................................................... 4 Part 3. Location and Design of Zero Lot Line Housing ................................... 5 Allowing ZLL Housing in Existing Residential Districts ................................. 5 The Importance of Good Site Design ................................................. 7 Conclusion........................................................................10 List of Appendices...................................................................11 Appendix A. Excerpts of Zero Lot Line Provisions from Local Zoning Ordinances........... 12 Metropolitan Dade County, Florida..................................................12 Huntington Beach, California........................................................16 Jackson, Mississippi................................................................17 Culver City, California.............................................................19 Appendix B. Sample Declaration of Covenants, Conditions, and Restrictions Pertaining to SideYards........................................................................21 Culver City, California.............................................................21 Appendix C. Bibliography............................................................22 t A Part 1. Introduction For many Americans today, owning a single-family, detached house on a large lot appears to be an unat- tainable goal. At least, that's the outlook for the re- mainder of this decade. The cost of money, land, and construction have made the conventional single-family house affordable only to high -income households. Although there is little that local officials can do about the cost of money and construction, they can reduce land costs by allowing smaller lots and higher density developments in their communities. In doing so, however, special attention must be given to adjusting site development standards that were originally designed for larger lots; otherwise many of the advantages of single- family detached housing will be diminished. As houses are sited closer together, special treatment is required to ensure privacy and the usefulness of open space. An increasingly popular way to keep the most impor- tant characteristics of conventional, single-family, de- tached housing on reduced lots is through the zero lot line (ZLL) approach. ZLL houses are sited on one side lot line and sometimes also on the rear or front lot line. Some communities allow ZLL housing to be sited, like duplexes, on common side lot lines. When common lot line siting is not permitted and ZLL units must be sited on alternate lot lines, the ZLL development can look very much like conventional, detached housing. (See Figure 1.) In either case, siting units on their lot lines allows larger side yards that are easier to maintain than the nar- row side yards that are often the case in conventional small lot developments. The ZLL concept also ensures privacy, since most communities that permit ZLL development do not allow windows or other openings in walls that are sited on the side lot lines. Since the first ZLL housing was built in this country in the mid-1960s, at least three different regulatory ap- proaches Save been used to permit ZLL develop- ments: ZLL development has been allowed in PUDs, in separate residential districts, and as exceptions in existing residential districts. Allowing ZLL housing in PUDs has been the most common approach communities have used, at least until recently. While the PUD offers the flexibili- ty needed to achieve this siting arrangement, in some cases, this approach has proved too flexible. PUD pro- visions usually lack the specific siting requirements needed to ensure that ZLL housing will be appropriately sited. PUDs also often involve higher front-end costs, longer processing time, and a higher level of amenities than conventional developments, adding expenses that can effectively wipe out any savings that may have been possible by reducing lot size. The current trend seems to favor the two alternative approaches: allowing ZLL housing in separate districts or in designated districts along with other types of hous- ing. In either case, specific regulations for ZLL developments are usually contained in the zoning ordinance. This report focuses on provisions that have been used to implement these two approaches. Part 2. Basic Ordinance Provisions for Zero Lot Line Housing ZLL provisions from four communities are examined in this section. Two of the communities, Dade County, Florida, and Huntington Beach, California, permit ZLL housing as an exception in existing residential districts. Dade County permits ZLL housing in five of its residen- tial districts, including its most restrictive single-family district (RU-1) which has a 7,500-square-foot minimum lot size. ZLL lots may be reduced to •4,500 square feet in the RU-1 district, and, in the other four districts, ZLL lots may be reduced to 4,000 square feet. Huntington Beach permits ZLL housing in its two small lot districts where minimum lot size for all single-family housing is 2,500 square feet. The other two communities discussed in this report — Jackson, Mississippi, and Culver City, California —have established separate residential districts for ZLL developments. Jackson, which also allows townhouses in its ZLL district, permits ZLL lots as small as 2,400 square feet when they are part of a tract development and 3,200 square feet when they are not. ZLL lots in Culver City's one-family/zero lot line zone can be as small as 4,000 square feet. These and other provisions regulating setback, frontage, lot coverage, building dimensions, special treatment of lot line walls (the wall area sited on the side lot line), and minimum size of ZLL developments are presented in Table 1 and discussed below. (The text of ZLL provisions for these four com- munities can be found in Appendix A.) SETBACK REQUIREMENTS Varying conventional setback requirements is, of course, what the ZLL concept is all about. At least one side yard setback from the property line must be zero.` The ordinances in Table 1, except for the Huntington Beach ordinance, require a minimum of 10 feet for the other side yard. The Huntington Beach ordinance per- mits side yards as small as six feet. The Jackson and Hun - 'For legal purposes, ZLL houses should be sited at least one inch from the property line. tington Beach ordinances also allow ZLL units to be sited on common side lot lines, but the Dade County and Culver City ordinances prohibit common lot line siting and require at least a 10-foot separation between ZLL units on adjacent lots. Front and rear yard setback requirements are not as uniform among these ordinances. They range from a minimum five-foot front yard setback and no minimum rear yard setback requirement in the Dade County or- dinance, up to a 15-foot minimum front yard setback in the Huntington Beach ordinance, and a 20-foot rear yard minimum in the Jackson ordinance. In each ordinance, however, these setback re- quirements apply only to interior lots and must be in- creased when the side yard abuts a public street or when the ZLL lot is a corner lot. For example, the Dade Coun- ty ordinance requires that when a side yard abuts a street it must be at least 15-feet wide, rather than the 10 feet permitted in interior lots. Similarly, the Jackson or- dinance requires front yard setbacks to be increased from 10 feet to 25 feet when the ZLL house fronts on a dedicated public street or when it is adjacent to a more restrictive residential district. FRONTAGE AND LOT COVERAGE REQUIREMENTS As setback requirements are modified to accommodate conventional -sized housing on smaller lots, lot frontage and coverage requirements must also be adjusted. Of the four ordinances reviewed, the most flexible frontage re- quirements are contained in the Dade County ordinance. Dade County does not establish a quantitative standard for frontage but requires that "each lot shall have a clear, direct frontage on public streets or to accessways com- plying with private street requirements." The policy of the county, however, is to require that minimum fron- tage on ZLL lots in the RU-1 district should be 45 feet, and frontage on lots on the periphery of a ZLL develop- ment should be at least 50 feet. These requirements are designed to make ZLL developments compatible with ex- TABLE 1. SELECTED ZERO LOT LINE PROVISIONS FROM ZONING ORDINANCES Where Permitted Minimum Lot Size Setback Requirements; Side yard Front yard Rear yard Frontage Metropolitan Dade Huntington Beach, Jackson, Culver City, County, Florida California Mississippi California Existing single-family Existing single-family Special ZLL and Town- Special ZLL district and multifamily dis- districts house district tricts 4,500 sq. ft. in most 2,500 sq. ft. restrictive district; 4,000 sq. ft. in other districts. 3,200 sq. ft. when ZLL 4,000 sq. ft. unit is not part of a tract development; 2,400 sq. ft. when ZLL is part of tract development. One must be zero and When one side yard is No minimum on one One side yard must be the other at least 10 ft. reduced to zero, the side; the other must be at least 10 ft. other must equal 20% at least 10 ft, of sites frontage. Minimum of five ft. No minimum No minimum Minimum of 15 ft. Minimum of 10 ft. Minimum of 30 ft. Minimum of 10 ft. Minimum of 13 ft. Minimum of 20 ft. Minimum of 10 ft. When ZLL units are not part of a tract develop- ment, minimum lot width must be 40 ft. and 50 ft. when corner lot is involved. When ZLL unit is part of a tract development, minimum lot width is 30 ft. Maximum Lot Coverage 50% 50% 60 % when not part of a tract development; 75 % when part of a tract de- velopment. Building Dimensions Maximum of two 30 ft. maximum height Maximum of 21/2 stories of 35 ft. stories or 35 ft. in height. Minimum of 35 ft. Lot coverage regulated by on -site open space requirements. (See spe- cial feature section be- low.) Two stories or 30-foot maximum height; floor area at ground level must be at least 900 sq. ft.; total floor area must be at least 1,400 sq. ft. Minimum Size of Development No minimum No minimum Five acres Five acres Special Features ZLL allowed in most re- ZLL units can be sited Has less restrictive reg- There must be at least strictive single-family on common lot line ulations for ZLL when 600 sq. ft. of open space districts; allows for re- part of tract develop- on each lot —in addition duction in lot size; has ment; units can be sited to required front and provisions for better in- on common lot line; street -abutting side tegration of indoor and townhouses are allowed yards and driveway outdoor spaces; three in ZLL district. areas —with no dimen- trees required per lot; sion less than 10 ft. site plan review re- quired. 3 U �Z-to rooT K0a4T"AtV1r_ aftl l h'r Figure 2. Maintenance easement. (From Zero Lot Line Hous- ing, page 18.) isting conventional development. Frontage requirements of the other three communities range from a minimum of 50 feet on corner lots that are not part of a tract development in the Jackson ordinance to a minimum of 30 feet in the Huntington Beach ordinance for all ZLL lots. As lot dimensions are reduced, lot coverage increases. The Dade County ordinance permits lot coverage to be increased from 35 percent to 50 percent in ZLL developments. The other ordinances allow for even greater lot coverage —up to 75 percent in the Jackson or- dinance. Of course, these higher coverage levels merely reflect Jackson's smaller minimum lot requirements, which are almost half the 4,500-square-foot minimum of Dade County. If lot coverage were not increased, only houses considerably smaller than conventional -sized houses could be built in ZLL developments. BUILDING DIMENSIONS Only the Culver City ordinance contains provisions pertaining to the floor area of dwelling units in ZLL developments. The other three ordinances regulate only building height or number of stories. The Culver City or- dinance requires the ground floor area to be not less than 900 square feet and the total floor area not less than 1,400 square feet. These provisions permit a reduction in ground floor area, which is otherwise required to be 1,300 square feet. The Dade County ordinance does not establish a quantitative minimum floor area, but the of- ficial policy of the county is to encourage housing in ZLL developments to be comparable in size to conventional, single-family, detached houses in the districts in which the ZLL houses are located. SPECIAL TREATMENT OF LOT LINE WALLS Each of the four ordinances discussed contain provi- sions that allow access to side yards and walls that abut property lines in ZLL developments. These provisions re- quire that an agreement or deed restriction be entered into by adjacent property owners, allowing access, usually for maintenance or improvement of the lot line wall. (See Appendix B.) The Dade County and Jackson ordinances also contain more specific language, requiring easements for maintenance of the lot line wall to be of a given size. (See Figure 2.) The Dade County ordinance requires: A perpetual four (4) foot wall -maintenance ease- ment shall -be provided on the lot adjacent to the zero lot line property line, which, with the excep- tion of (free-standing] walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. The Dade County ordinance also includes provisions that allow for water runoff in this easement area: Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. To ensure privacy, ordinance provisions in both Dade County and Jackson prohibit any openings in the wall that abuts the side lot line. The Jackson ordinance con- tains the following provision: Zero lot line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted on this side. MINIMUM SIZE OF DEVELOPMENT Two of the four ordinances examined in this report have established a minimum size requirement for ZLL de- velopments; ordinances for Culver City and Jackson both require that such developments be at least five acres, although no minimum size requirement is contained in the Huntington Beach or Dade County ordinances. Dade County, however, established a policy, after enacting the ordinance, that limits ZLL developments to 10 acres or less. Part 3. Location and Design of Zero Lot Line Housing Beyond the basic ordinance provisions, which allow small lots to accommodate housing that is typically sited on more conventionally sized lots, there are other con- siderations that directly affect the cost, quality, and subsequent public acceptance of ZLL housing. Whether ZLL housing can serve as a more affordable, yet attrac- tive alternative to conventional single-family housing will depend on where the development is located, how it is laid out, the design of the units, the treatment of out- door areas and open space, street design, parking, and other important design elements. This section considers how each of these concerns can be handled so that the community can benefit most from the ZLL concept. ALLOWING ZLL HOUSING IN EXISTING RESIDENTIAL DISTRICTS Only when ZLL housing is permitted in the same residential districts that allow conventional, single-family, detached housing can the full potential of this develop- ment concept be realized. In such circumstances, ZLL can be used in partially built-up residential areas containing bypassed and vacant lands to develop lots that would be considered too small for conventional development. Fur- thermore, permitting ZLL housing in areas zoned ex- clusively for single-family, detached housing allows this type of development to serve as a transitional use between more restrictive zones and areas zoned for single-family attached housing. ZLL housing can serve as both a buf- fer and a smooth transition from one level of density and housing styles to the next. A frequent argument against allowing ZLL housing in conventionally platted residential districts is that small lots can lower property values. However, the experience of a number of communities contacted in the course of this- study has been that ZLL housing has not had an adverse affect on property values when it is permitted in single-family neighborhoods. These communities report that new ZLL housing has been comparable in value to existing housing. The total costs of ZLL units, of course, are usually less than the same unit on a larger lot. It would also seem that when ZLL units serve as a transitional use between detached and attached housing the value of the single-family housing would be less af- fected by a well -planned ZLL development than by higher density attached housing. Another concern sometimes expressed is that the ap- pearance of ZLL housing might not be compatible with conventional, single-family, detached housing. Critics point out that the closeness of ZLL units will make them resemble rowhouses rather than single-family detached units. But ZLL housing does not —and should not —look like rowhouses, even when very small lots (2,500 to 3,000 square feet) are involved. When properly designed, ZLL housing can look very much like conventional, single- family housing. In refining its new. ordinance, Dade County took into account local fears that ZLL housing would destroy single-family neighborhoods and established special review criteria for all ZLL housing. These criteria try to ensure that the character of single-family neighborhoods are not adversely affected by making ZLL housing as compatible as possible with the existing housing. In ad- dition to making sure that ZLL developments are consis- tent with the provisions of the ZLL ordinance, Dade County requires that the following criteria be considered: 1. When reviewing and recommending a development of this nature, staff should consider both the specific site plan and the development's impact on the sur- rounding community. 2. The size of ZLL units should be comparable to that of conventional -sized houses. 3. To minimize the impact of ZLL housing on the sur- rounding community, such developments should be limited to 10 acres or less, and sites contiguous to other ZLL developments should not be approved for ZLL. 4. Minimum frontage on each lot in an RU-1 zero lot This type cluster Interior pedestrian paths development works well in connect homes to each creating a sense of other and to recreational neighborhood � building and pool Average lot size — t 5000 s.f, i 20' wide streets with houses tightly clustered I frees more land for open — — Much of the natural tree space and natural ,. cover was retained preservation Although overall density is L near 4 units per acre, 36% of site is in common green. — space 4.7 parking spaces per / unit are provided Modified building setbacks i \ allow zero lot line on the front and one side yard of \ the house - Minimum side distance \ \ / between units is 10 feet / Traditional single family �-� large -lot development a All lots face public through streets ■Conventional setbacks required ■ No common open space Figure 3. Hyland Hills, No. 7, Beaverton, Oregon. This early 1970s development employed many of the design techniques dis- cussed in this section. Houses are sited on the front and one side lot line and are clustered around "T" cul-de-sacs. A variety of housing designs and yard setbacks are used. Clustering these ZLL units on lots that average 5,000 square feet permitted 36 percent of the site to be put into common space, over four parking spaces per unit, and 20-foot wide streets. (Adapted from Planning for Housing: Development Alternatives for Better Environments, copyright 1980, National Association of Home Builders, Washington, DC 20005, page 52.) line development should equal 45 feet. 5. Minimum frontage of perimeter lots of ZLL developments should be 50 feet. 6. Maximum density of ZLL developments should be 5.6 units per gross acre. [This density is compati- ble with typical single-family densities, which range from 3.8 to 4.1 units per gross acre.] 7. ZLL housing should be encouraged as a transitional use [e.g., between townhouses and typical single- family residential], but should not be encouraged for large developments in fringe areas. 8. ZLL developments should not be exempted from re- quired tree and parking requirements. THE IMPORTANCE OF GOOD SITE DESIGN Besides including review criteria to ensure that ZLL developments are compatible with existing housing, it is also important for provisions that foster good design to be included in the ordinance. When small lots must ac- commodate conventional -sized housing, their layout and how the units are sited on lots must receive special at- tention or these lots will usually appear crowded. Some important lot layout and building siting principles for ZLL housing are: 1. Avoid cookie cutter design. A monotonous con- figuration of lots is especially ill -suited to developments like ZLL where small lots are in- Figure 4. Siting Zero Lot Line housing for good solar access. (From Zero Lot Line Housing, page 49.) volved. A rigid layout makes it hard to create private areas and does not allow for common open space. Clustering is a more appropriate site design for ZLL development. The clustered site design per- mits a level of design flexibility that is a must when small lots are involved. Clustering can also minimize some of the negative effects of small lots by opening up areas of the development to com- mon open space. 2. Avoid uniform setbacks. When setbacks are not varied, ZLL housing can look like rowhouses, especially when very small lots are used. Varying setback, along with unit height and roof lines, gives ZLL units a more interesting appearance. 3. Allow houses to be sited on two lot lines. This siting arrangement is particularly useful when very small lots are involved, and it is difficult to create useful outdoor areas when the ZLL unit is sited only on one side lot line. Siting the unit on both the side lot line and either the front or rear lot line in the corner of the lot allows a larger expanse of con- tiguous yard space. 4. Use cul-de-sacs, and avoid long streets. Cul-de-sacs work well with ZLL housing. They are also a basic ingredient in the clustered site design approach that has been recommended for ZLL developments. Long streets can create the monotonous site design that should be avoided. Street width, driveways, and garages should also receive special attention in ZLL developments. Conventional -sized streets and on -site parking areas can become overbearing in a development with small lots and minimal set- backs. (See Figure 3.) 5. ZLL housing should be sited in relation to climatic conditions. When possible, the lot line or blank wall side of the ZLL house should be sited to the north and the area of the site that will be used for outdoor activities to the south. This siting arrange- ment allows maximum use of outdoor areas. In mild climates, outdoor areas with a southern ex- posure can be used year round, and in cooler climates this exposure makes it possible to use the outdoor spaces in spring and fall. (See Figure 4.) Open Space in ZLL Developments As lots become smaller, usable, common open space becomes more essential. Of course, when ZLL develop- ment is used in built-up areas on infill lots, it may be im- possible or impractical to require large amounts of com- mon open space. Available land may be too costly to put to this use. It may be more practical to make sure that such new units are located near public parks. What also can be done to provide a sense of openness is to encourage unit and site design that integrates limited indoor and out- door areas, so that one becomes an extension of the other and the most creative use of space can be realized. Dade County attempts to accomplish this by requiring that 15 percent of the lineal length of the perimeter of ZLL units must open out, both visually and physically, into a patio court area. (See Figure 5.) When the ZLL concept is used for larger developments, especially in fringe areas, it is a good idea to require usable amounts of common open space. This is particular- ly true when very small lots and high densities are in- volved. A clustered site design can be used to open up areas of common open space in the development. (See Figure 6.) Of course, if common open space is required in ZLL developments, provisions must be included in the ordinance for its ownership and maintenance.' The Dade County ordinance contains the following provisions for ownership and maintenance of common open space: Common open space is not required but may be per- mitted. If common open space is provided, provi- sions satisfactory to the Zoning Appeals Board shall be made to assure that nonpublic areas and facilities for the common use of occupants of Zero Lot Line development shall be maintained in a satisfactory manner, without expense to the general taxpayer of Dade County. Such may be provided by the incor- poration of an automatic -membership home associa- tion for the purpose of continually holding title to such nonpublic areas and facilities, and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and main- taining such common open space. Such assessments shall be a lien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter -annual payments 'See PAS Report No. 356, The Cluster Subdivision: A Cost -Effective Approach, for further discussion. over a period of not less than ten (10) years. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the County At- torney, as to form a legal sufficiency, before sub- mission to the Board of County Commissioners, and shall be recorded in the public records of Dade Coun- ty, if satisfactory to the Board of County Commissioners. Landscaping Conventional landscaping practices, especially the use of grass lawns, are usually not the best way to handle the limited outdoor areas of ZLL housing. To ensure privacy, outdoor areas in ZLL developments are usually enclosed by fences, walls, and plantings. But these bar- riers block more than views. They also block the sunlight that is necessary for conventional landscaping to survive. Furthermore, maintaining a lawn is likely to be difficult in a ZLL house since the smaller outdoor areas of ZLL houses will also be subjected to more intensive use than the larger lawn areas of conventional lots. Local officials should encourage'the use of alternative landscaping materials that are particularly suited to the ZLL house. Instead of lawns, manmade surfaces, such as pavements and decks, can be used for intensive use areas. Groundcovers and plantings that require less sunlight and water than sod lawns are also appropriate landscaping materials for ZLL housing. These low maintenance natural materials provide a resource -conscious landscape that saves both water and energy. (See Figure 7.) Figure S. Computing minimum physical and visual penetration of patio court areas. (From Dade County, Florida.) PATIO COURT AREA 14' F8' CALCULATIONS f--29' -�- 16, 14 29 21 PATIO TOTAL OF 24' OF 45 COURT21 8 �1Z STRUCTURAL OPENINGS +35 AREA THAT PROVIDE VISUAL / 160 TOTAL PERIMETER AND PHYSICAL ACCESS x.15 AREA 24' MINIMUM REQUIRED PHYSICAL & VISUAL 45' PENETRATION ,U NOPM Figure 7. Resource -conscious landscaping. This landscape plan for a ZLL unit shows plantings that require little water and a variety of man-made surfaces in place of a grass lawn. An overhead structure and a deciduous tree are used in the plan to cool the site and allow even greater water and energy sav- ings. (From: Joanne Rondon, City of Aurora, Colorado, Land- scaping for Water Conservation, page 23.) Figure 6. La Vallee Development, Dade County, Florida,1981. Clustering these 40 ZLL units on a 16-acre site allowed nearly 50 percent of the site to be put into common open space. In many instances, setbacks on these lots, which range in size from 5,000 square feet to.9,000 square feet, are staggered. Requiring Site Plan Review The site plan review process is a good way of ensur- ing that ZLL development will be consistent with design objectives and other requirements that local officials deem appropriate for such development. Unlike conventional subdivision review of single-family, detached housing — which is usually concerned with the size, shape, and layout of lots —the site plan review procedure, commonly used in PUD, also considers building design and siting and treatment of outdoor areas. Only by knowing how each of these features will be handled can local review officials get a good idea of how well the proposed development will measure up to the established design requirements. Site plan review can also help planning per- sonnel determine if the proposed development will be compatible with existing development.* Dade County requires site plan review of ZLL develop- ment. The county's provisions for site plan review include a statement explaining why this special procedure is required: A. The purpose of the site plan review is to encourage 'See PAS Report No. 291, Planned Unit Development Ordinances, for further discussion of site plan review. logic, imagination, innovation, and variety in the design process and ensure the congruity of the pro- posed development and its compatibility with the surrounding area. The Building and Zoning Department and Planning Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The recommendations of both the Planning Depart- ment and Building and Zoning Department shall be transmitted to the appropriate Board for their consideration. [See Appendix A for full text.] CONCLUSION ZLL housing can be an affordable, attractive alternative to conventional single-family, detached housing. When local officials encourage high -quality design and include provisions in their ZLL regulations that will ensure that this type of housing is compatible with conventional housing, ZLL housing can be well suited to most single- family neighborhoods. In the past, the ZLL concept has not had a significant impact on housing cost, but this is sometimes due to how it is regulated. In Dade County, where use of the concept is not limited to PUDs, builders report that they can save between $7,000 and $15,000 per unit. The role that the zero lot line and related downsized housing concepts will play in meeting our housing needs in the years to come will, of course, depend on how well the public accepts these concepts. A recent study of emerging trends in real estate by the Real Estate Research 10 Corporation warns that changing consumer expectations may be quite difficult: Short-term prospects for finding a solution to the housing affordability problem are not very good.... [D]evelopment of appropriate mortgage in- struments is essential, but financing is not the greatest obstacle. The real issue for the 1980s will be conditioning potential home buyers to accept small and basic units, many of them attached or clustered to achieve high densities. [Page 14.] Even if small -lot, resource -conscious houses like those provided under ZLL ordinances do not catch on and en- joy widespread acceptance like today's smaller, more fuel - efficient automobiles, one thing seems certain —for the vast majority of Americans, the large lot, single-family home is a thing of the past. The RERC study concludes: The speed with which we solve the housing problem is hard to predict. It may vary for households at dif- ferent income levels. However, one fact is clear: The housing standard to which Americans have become accustomed simply cannot be sustained. [Page 15.] There is every reason to believe that this analysis of what the future holds for the housing market is correct. There is also reason to believe that development concepts like ZLL will allow us to sustain some of the standards we have grown accustomed to in single-family detached housing. List of Appendices Appendix A. Excerpts of Zero Lot Line Provisions from Local Zoning Ordinances........... 12 Chapter 33 of the Code of Metropolitan Dade County, Florida, Zero Lot Line Developments, Ordinance No. 819.................................................12 Townlot Specific Plan, Area One, Huntington Beach, California, Side Yard Setback Requirements....................................................................16 Jackson, Mississippi, Townhouse and Zero Lot Line Residential District ................. 17 Culver City, California, One -Family Dwelling/Zero Lot Line Zone ...................... 19 Appendix B. Sample Declaration of Covenants, Conditions, and Restrictions Pertaining to SideYards........................................................................21 Studio Villa Estates, Culver City, California..........................................21 Appendix C. Bibliography............................................................22 Appendix A. Excerpts of Zero Lot Line Provisions From Local Zoning Ordinances Chapter 33 of the Code of Metropolitan Dade County, Florida Zero Lot Line Developments, Ordinance No. 819 Ordinance providing a special exception procedure for approval to permit a "Zero Lot Line" (ZLL) development, providing legislative purpose; establishing districts in which permitted, providing develop- ment parameters as follows: permitted uses, minimum lot sizes, structure setback requirements, street frontage, maximum lot coverage, platting requirements, building height, integration of interior/ex- terior areas; prohibiting openings on the zero lot line side, easements, parking, trees, common open space, and maintenance of facilities; providing for site plan review; providing for required exhibits; providing for review standards; providing for commencement of development; providing forseverabil- ity; providing inclusion in the code; and providing an effective date. SECTION 1.... LEGISLATIVE PURPOSES The principal purposes of the Zero Lot Line concept are; (1) the more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost; (2) the design of dwellings that integrate and relate internal -external liv- ing areas resulting in more pleasant and enjoyable living facilities; (3) by placing the dwelling against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit. DISTRICTS IN WHICH PERMITTED A Zero Lot Line development for one -family dwellings only may be permitted in the RU-1, RU-2, RU-TH, RU-3, and RU-3M districts, if approved at public hearing. Where the regulations included herein conflict with regulations included in the individual districts or other sections of Chapter 33, the regulations included herein shall apply. DEVELOPMENT PARAMETERS All applications for a Zero Lot Line development shall comply with the following applicable development parameters. A. Uses Permitted. Detached one -family dwellings on individually platted lots, including every customary accessory use not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar uses can be used as connecting elements be- tween one -family dwellings on adjacent lots, sub- ject to site plan review. Garages, carports, and utili- ty storage structures shall be permitted accessory uses; however, said structures shall not be used as connecting elements. B. Minimum Lot Sizes The minimum average net lot size shall be four thousand, five hundred (4,500) square feet for sites 12 zoned RU-1 and four thousand (4,000) square feet for sites zoned RU-2, RU-TH, RU-3, and RU-3M; this shall not include any credit for streets, recrea- tion areas, common open space, or water bodies. The minimum net lot size shall be three thousand (3,000) squarefeet. Private roads shall not be used in calculating the net lot area. C. Dwelling Unit Setback Interior side yard. The dwelling unit shall be placed on one interior side property line with a zero (0) setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet, excluding the connecting elements such as fences, walls, and trellises. Patios, pools, garden features, and other similar elements shall be permitted within the ten (10) foot setback area, provided, however, no structure, with the excep- tion of fences or walls, shall be placed within easements required by Section K. Front setback. All dwelling structures shall be set back a minimum of five (5) feet from the front property line. Rear setback. There shall be no minimum rear setback. Side street setback. The dwelling setback shall be a minimum of fifteen (15) feet from the side street property line. Accessory buildings and structures shall observe setback requirements as otherwise provided in the Code. D. Alleys Alleys shall be permitted in Zero Lot Line developments. Said alleys shall provide auto ac- cess to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or park- ing areas. E. Street Frontage Each lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements. F. Maximum Lot Coverage Permitted The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. G. Platting Requirements Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfac- tory arrangements shall be made for the main- tenance of the common open space and facilities as provided in Section N of this Article. The plat shall indicate the zero lot lines and easements ap- purtenant thereto. H. Building Heights The maximum building height shall not exceed two (2) stories and thirty-five (35) feet in height. I. Integration of Interior/Exterior Areas Access of a total of fifteen (15) percent of the lineal length of the total perimeter wall area of the dwell- ing unit as measured in plan form shall be provided to exterior/patio court area(s); said access shall be totally visual and physically passable. [See Figure 5 on page 8.] Openings Prohibited on the Zero Lot Line Side The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units, or any other type of openings, provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. K. Maintenance and Drainage Easements A perpetual four (4) foot wall -maintenance ease- ment shall be provided on the lot adjacent to the zero lot line property line, which, with the excep- tion of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. L. Parking A minimum of two (2) off-street parking spaces shall be provided on each platted lot. Except for parallel parking on public roads, tandem parking is permitted only on individual lots and in the driveways connecting such lots with the adja- cent roads, provided said driveways are for the ex- clusive use of each individual lot; however, tandem parking shall be limited to no more than one (1) such tandem parking space for each individual lot. Parking shall be prohibited on sidewalks. Garages shall not be credited toward the parking require- ment. M. Trees Trees as defined within Chapter 18A, Landscap- ing, shall be provided on the basis of three (3) trees for each platted lot. In addition, street shade trees shall be provided along each side of the roadway(s) at a minimum spacing of forty (40) feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right-of-way provided the forty (40) foot spacing and the rowing of trees are maintained. This shall be in addition to the three (3) trees required for each platted lot. Existing trees, excluding those trees exempt from the protection provisions within Chapter 26B, Tree Preservation, shall be preserved to the maximum extent practical and shall count towards meeting the total tree re- quirements. Removal of any existing trees shall be in accordance with the provisions within Chapter 26B, Tree Preservation. N. Common Open Space and Maintenance of Facilities Common open space is not required but may be permitted. If common open space is provided, pro- visions satisfactory to the Zoning Appeals Board shall be made to assure that nonpublic areas and facilities for the common use of occupants of Zero Lot Line development shall be maintained in a satisfactory manner, without expense to the general taxpayer of Dade County. Such may be provided by the incorporation of an automatic -membership home association for the purpose of continually holding title to such nonpublic areas and facilities and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space. Such assessments shall be alien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter - annual payments over a period of not less than ten (10) years. Other methods may be acceptable if the same positively provide for the proper and con- tinuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the County Attorney, as to form and legal suffi- 13 ciency, before submission to the Board of County Commissioners and shall be recorded in the public records of Dade County, if satisfactory to the Board of County Commissioners. SITE PLAN REVIEW A. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and ensure the congruity of the pro- posed development and its compatibility with the surrounding area. The Building and Zoning Department and Planning Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The recommendations of both the Planning Depart- ment and Building and Zoning Department shall be transmitted to the appropriate board for their consideration. B. Required Exhibits The following exhibits shall be prepared by design professionals, such as architects and landscape ar- chitects, and submitted to the Building and Zon- ing Department: 1. A location map indicating existing zoning on the site and adjacent areas. 2. Site plan at no less than one (1) inch equals one hundred (100) feet, including the following information: (a) Lot lines and setbacks; (b) Location, shape, size, and height of ex- isting and proposed buildings, decora- tive walls and elements, and entrance features; (c) Existing and proposed landscaping; (d) Recreation facilities (if applicable); (e) Stages of development, if any; (f) Location of offstreet parking; (g) Indication of exterior graphics; (h) Indication of design methods used to conserve energy. 3. Floor plans and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit. 4. Information indicating the following: (a) Gross and net acreage; (b) Lot sizes (dimensions and square footage); (c) Building heights and stories; (d) Building coverage for each lot 14 (e) Amount of common open space in square feet (if applicable); (f) Total trees provided and total trees required; (g) Parking required and provided; (h) Such other architectural and engineering data as may be required to evaluate the project. C. Plan Review Standards The following criteria shall be utilized in the plan review process: 1. Planning Studies. Planning studies approved by the Board of County Commissioners that include development patterns or environmen- tal and other design criteria shall be utilized in the plan review process. 2. Definition of Private Outdoor Living Spaces, The Zero Lot Line unit shall be designed to in- tegrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas. 3. Visual monotony created by excessive block lengths shall be avoided. 4. Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing removal of existing vegetation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen noncompatible uses, and ame- liorate the impact of noise. S. Buffers. Architectural and/or landscape elements that provide a logical transition to ad- joining, existing, or permitted uses shall be provided. . 6. Subtropical Architectural Characteristics. Ar- chitecture and site development should incor- porate consideration of the subtropical characteriWcs of the area. The provision of sun -control 'devices, shaded areas, vegetation, roof terraces, and.similar features characteristic of subtropical design is encouraged. 7. Energy Conservation. Design methods to reduce energy consumption is encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of struc- tures, siting of structures in relation to prevail- ing breezes and sun angles, insulation of struc- tures, use of landscape materials for shade and transpiration, and orientation of breezes. 8. Graphics. Outdoor graphics shall be designed as an integral part of the overall design of the project. Visual Access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be so situated and set back as to provide unobstructed visual clearance at a roadway intersection. 10. Private Open Space. Open space intended for the private use of each individual dwelling unit should be so located and designed as to max- imize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. 11. Trash Containers. Trash containers shall be screened and so designed as to be convenient- ly accessible to their users and collectors. COMMENCEMENT OF DEVELOPMENT If development is not commenced within twenty-four (24) months from the date of approval of a site development plan, the approval hereof shall become null and void and the same may not be developed in accordance with said plan; provided, if development is permitted in stages, subsequent stages may be commenced within eighteen (18) months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plan and such approval shall be null and void. Commencement of construction shall include, where necessary, substantial site improvement, which shall include but not be limited to active and continuous road improvement, excavation, grading and leveling, installation of utilities, and the like. SECTION 3 If any section, subsection, sentence, clause, or -provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. SECTION 4 It is the intention of the Board of County Commissioners and it is hereby ordained that the provisions of this or- dinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to ac- complish such intention, and the word "ordinance' may be changed to "section," "article," or other appropriate word. SECTION 5 This ordinance shall become effective ten (10) days from date of its enactment. [Approved and adopted February 3,1981.1 15 Townlot Specific Plan, Area One Huntington Beach, California Side Yard Setback Requirements §9356-DEVELOPMENT STANDARDS, GENERAL The development standards contained in this section shall apply to all residental development within the Specific Plan Area. §9356.4-SETBACKS B. Side Yard Setback 2. Any interior side yard may be reduced to zero provided that the opposite side yard equals 20 percent of the site frontage. Further provided, where zero side yard setback is used, the abut- ting property must be held under the same ownership at the time of initial construction or the owners of the abutting properties record an agreement or deed restriction and consent in writing to such zero setback. A separation of not less than five (5) feet shall be provided 16 between adjacent structures on abutting sites where zero side [yard] setback is utilized. This requirement shall not apply where the same in- teriorproperty line is utilized for zero side yard construction on both properties. §9356.14-MAINTENANCE OF STRUCTURES For the purpose of upkeep and repair of structures located on an interior property line, a maintenance easement shall be recorded between the owner of the property contain- ing said structure and the owner of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be an ir- revocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the Department of Building and Community Development prior to issuance of a building permit. Jackson, Mississippi Townhouse and Zero Lot Line Residential District §602.04—R-3 TOWNHOUSE AND ZERO LOT LINE RESIDENTIAL DISTRICT The purpose of this district is to provide areas for the development of moderate- to high -density residential uses and structures in moderately spacious surroundings. It is the intent of this ordinance that these districts be located in the suburban and intermediate portions of the city where a protected environment suitable for moderate - density residential use can be provided, as well as in established moderate -density residential areas as a means to ensure their continuance. However, the use of this district is appropriate on a smaller scale in the suburban portions of the city as a transitional or buffer zone be- tween low -density residential districts and commercial districts, industrial districts, or major transportation arteries, or other uses that are not compatible with a low - density residential environment. In fulfilling the purpose of this district, the townhouse or rowhouse concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units and which units may or may not be structurally connected. The purpose of this district may also be fulfilled by the use of the Zero Lot Line concept, which permits the construction of detached single-family dwellings on lots without a side yard requirement on one side of the lot. This concept per- mits better use of the entire lot by compacting the usual front, rear, and side yards into one or more internal gardens which may be completely walled in or screened. §602.04—Uses Permitted 1. Any and all uses permited in R-2 Residential; 2. Townhouse dwellings; 3. Zero Lot Line dwellings. §602.04.2—Uses That May Be Permitted as Special Exceptions Special Exceptions, such as the following nonretail uses, provided they are established in accordance with the pro- cedures and provisions of this ordinance: 1. Special Exceptions as listed in the R-2 Residential District. §602.04.3—Regulations for Townhouses and Zero Lot Line Dwellings That Are Not a Part of a Tract Develop- ment 1. Minimum lot area-2,400 square feet for townhouses and 3,200 square feet for Zero Lot Line dwellings. T. Minimum lot width-24 feet for townhouses and 40 feet for Zero Lot Line houses, except that for comer lots the minimum shall be 34 feet for townhouses and 50 feet for Zero Lot Line dwellings. 3. Minimum front yard depth-10 feet except that, where the building fronts on a dedicated street and/or is adjacent to R-1, R-1A, or R-2 Residen- tial, the front yard requirement shall be increased to 25 feet. 4. Minimum side yard depth —None for townhouses except that on corner lots the minimum side yard of the corner side shall be 20 feet. In Zero Lot Line lots, there shall be no minimum on one side and 10 feet on the opposite side. However, in no case shall a townhouse or Zero Lot Line dwelling be built closer than 10 feet to the lot line of a lot that is zoned as R-1, R-1A, or R-2 Residential. 5. Minimum rear yard depth-20 feet for townhouses and Zero Lot Line houses. Such space may be used for parking purposes and open carports. 6. Maximum height-35 feet or 2 1/2 stories. 7. Maximum lot coverage —Where not a part of a tract development, having maintained common open space, a townhouse or Zero Lot Line dwell- ing including accessory structures shall not occupy more than 60 percent of the lot area. S. A maximum of eight living units shall be allowed in each row.of townhouses. When an end unit of a rowhouse does not side on a street, an open space or court of at least 20 feet in width shall be pro- vided between it and the adjacent row of townhouses, and this open space shall be divided between the two immediately adjacent townhouse lots as to property or lot lines. 9. Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a street, this open court shall be a minimum of 40 feet in width and said court shall not include vehicular drives or parking areas. 10. Townhouses shall be constructed up to side lot lines without side yards, and no windows, doors, or other openings shall face a side lot line except that the outside wall of end units may contain such openings. 11. Zero Lot Line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted on this side. Where adjacent Zero Lot Line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet in width along the adjacent lot and parallel with such wall. 12. Regulations for conventional single-family and two-family dwellings shall be the same as in the R-2 Residential District. 17 §602.04.4 Regulations for Townhouses and Zero Lot Line Dwellings That Are a Part of a Tract Development 1. Minimum size of tract —Five acres and possessing maintained common open space. 2. Maximum density —Ten dwelling units per gross acre. 3. Minimum lot area-1,400 square feet for townhouses and 2,400 square feet for Zero Lot Line dwellings. 4. Minimum lot width-20 feet for townhouses and 30 feet for Zero Lot Line dwellings. 5. Minimum front setback —Ten feet from street right- of-way line regardless of whether this front setback is part of an individual lot or part of the common open space. 6. Minimum side setback —None -for townhouses, ex- cept that on corner lots the minimum side setback of the corner side of townhouses and Zero Lot Line lots or dwellings shall be 10 feet from the street right-of-way line. In Zero Lot Line lots, there shall be no minimum on one side and 10 feet on the op- posite side. 7. Minimum rear yard depth —None, except that there shall be a minimum clearance of 20 feet between buildings except as otherwise provided for by (11) herein. 8. Maximum height-35 feet or 2 1/2 stories. 9. Maximum lot coverage-75 percent of the lot area. 18 10. A maximum of eight living units shall be allowed in each row of townhouses. When an end unit of a row of townhouses does not side on a street, an open space or court of at least 20 feet in width shall be provided between it and the adjacent row of townhouses. However, where two rows of townhouses that together contain less than eight living units are immediately adjacent to each other, this open space between the ends of the two buildings may be reduced to a minimum of 15 feet. 11. Where townhouse lots and dwelling units are designed to face upon an open space or common access court rather than upon a street, this open court shall be a minimum of 40 feet in width, and said court shall not include vehicular drives or parking areas. 12. Townhouses shall be constructed up to the side lot lines without side yards, and no windows, doors, or other openings shall be installed in any common wall between units. However, where a two-story townhouse adjoins a single -story townhouse, win- dows may be installed in the second story wall of the two-story townhouse. 13. Zero Lot Line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted on this side. Where adjacent Zero Lot Line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet in width along the adjacent lot and parallel with such wall. Culver City, California One -Family Dwelling/Zero Lot Line Zone §37-14.1—PURPOSE C. Dwelling Height The intent and purpose of the R-lz Zoning District is to No dwelling structure shall exceed two stories or permit and establish regulations for comprehensively 30 feet in height, provided that a roof -mounted planned single-family tracts with a zero side yard building antenna may extend a maximum of 15 feet above setback. the highest roof line of the building upon which it is attached. 537-14.2—USES PERMITTED The following uses shall be permitted in the R-lz Zone unless otherwise provided in this chapter. A. One -family dwellings, not to exceed one (1) dwell- ing per lot. B. Accessory buildings and structures provided no such buildings or structure shall be designed or used for dwelling purposes. C. Public uses and buildings including libraries, museums, parks, playgrounds, schools, and com- munity buildings owned and controlled by the city or school district, if their location is first approved by the City Council. D. Customary home occupations which are located in the same dwelling and carried on only by the members of the household occupying such dwell- ing as their private residence are permitted, pro- vided that the residential character of such dwell- ing is not changed. E. The renting of rooms or the providing of table board to not more than two (2) persons is permit- ted, provided said rooms shall be within the dwell- ing structure and not within an accessory building. §37-14.3—GENERAL REGULATIONS The following regulations shall apply in the R-1z Zone unless otherwise provided in this chapter. [See Section 37-14.4 below for amendments to this section.] A. Lot Area, Width, and Frontage Each lot shall have an area of not less than 5,000 square feet, an average width over the length of its depth of not less than 50 feet, and a street fron- tage of not less than 35 feet. A nonrectangular lot on a cul-de-sac turnaround or on the outside radius of a street curve with a radius of not more than 50 feet shall have a street frontage of not less than 25 feet. B. Dwelling Floor Area Each dwelling shall have a ground floor area of not less than 900 square feet and a total floor area of not less than 1,700 square feet. Said area re- quirements shall be determined as measured from exterior walls and shall be exclusive of the garage and any porches, patios, balconies, or similar ar- chitectural features not providing living space in- ternal to the dwelling. D. Yard Building Setbacks Each lot shall have one side and a rear yard of not less than 10 feet and a front yard of not less than 13 feet, except that: 1. Garages shall be located to allow a paved on - lot driveway of not less than 23 feet in length and 16 feet in width. 2. Street -abutting side yards shall be not less than eight feet and side yards abutting property not in the R-1z Zone shall be not less than five feet. 3. An average front building setback for both first and second... stories of not less than 18 feet shall be provided. 4. An average one side or rear building setback for both first and second ... stories of not less than 15 feet shall be provided. E. Separation Between Dwellings on Adjacent Lots There shall be a separation between dwellings on adjacent lots of not less than 10 feet. F. Open Space There shall be an open space area on each lot of not less than 600 square feet with no dimension less than 20 feet, except nonrectangular cul-de-sac lots shall have no dimension less than 15 feet. Said open space area shall be exclusive of required front and street -abutting side yards and vehicular driveways, and further shall be subject to the following: 1. The required open space may include side or rear yards as illustrated in diagram "A," §37-13.G. 2. Pools and paved recreational areas may be developed in the required open space. 3. The gradient or slope of any required open space shall not exceed 10 percent. The open space may be provided on a deck. 4. Such open space shall be fully open to the sky except that architectural projections are permit- ted as set forth in §37-83.C. 5. An accessory building may not occupy any part of the required open space. 6. When adjacent to the required front yard, the required open space shall be screened from the street with a fence or wall, the design of which has been approved by the City Planner. 19 Pavement in a required front or street -abutting side yard shall not exceed 60 percent of the re- quired area, except that a nonrectangular lot on a cul-de-sac turnaround or on the outside radius of a street curve with a radius of not more than 50 feet shall not exceed 75 percent of the required area. G. Off -Street Parking Each dwelling shall have not less than two off-street parking spaces within a fully enclosed garage of not less than 400 square feet in area which shall be at- tached to the dwelling. A free-standing garage or carport does not meet this requirement. H. Accessory Buildings and Structures Notwithstanding §37-92 of this Chapter, accessory buildings and structures shall be -subject to the following requirements: I. No such building or structure shall be located within a required front or street -abutting side yard. 2. No such building or structure shall be located within five feet of a dwelling or another ac- cessory building or structure nor within two feet of any interior property line. 3. No such building or structure shall exceed 10 feet in height without a Conditional Use Per- mit. I. Special Conditions 1. Building walls within four feet of and facing an interior property line shall have no open- ings and shall be waterproofed as required by this Building Official, except that walls within two feet of an interior property line shall be fully waterproofed. 2. All exterior ground -mounted or roof -mounted appurtenant equipment, such as but not necessarily limited to water heaters, air - conditioners, ducting, and swimming pool pumps, shall be screened from view from ad- joining properties and rights -of -way in a man- ner consistent with city standards as deter- 20 mined by the City Planner. Said equipment shall also be sheltered, insulated, or otherwise baffled as necessary to conform to the noise regulations and standards of Municipal Code §23-44. 3. The minimum site area of an R-lz Zone district shall be five acres. [Approved and adopted October 24, 1977.] §37-14.4—Supplemental Regulations for 4,000 Square Foot R-1z Zone Subdivisions The regulations of this section shall apply to R-1z lots of less than 5,000 square feet. The regulations of §37-14.3 shall apply also, except that this section shall supersede any inconsistent parts of §37-14.3 A. Lot Area and Width Each lot shall have an area of not less than 4,000 square feet and an average width over the length of its depth of not less than 45 feet. B. Dwelling Floor Area Each dwelling shall have a total floor area of not less than 1,400 square feet.. C. Reserved D. Yard Building Setbacks 1. Garages shall be located to provide a paved driveway of not less than 20 feet in length as measured from the inside edge of the public sidewalk to the garage door. 2. Reserved. 3. Reserved. 4. Subsection 37-14.3.D.4, requiring an average 15-foot side or rear yard, shall not apply. E. Reserved F. Open Space No dimension of the required 600 square feet of open space shall be less than 10 feet. [Approved' and adopted October 5, 1981.] Appendix B. Sample Declaration of Covenants, Conditions, and Restrictions Pertaining to Side Yards Studio Villa Estates, Culver City, California ARTICLE VI. SIDE YARDS SECTION 1—GENERAL Certain of the lots within the property are subject to an easement for side yard purposes (a "servient tenement"). Such easement for side yard purposes.benefits an adjoin- ing lot (a "dominant tenement"). A lot may be both burdened by an easement for side yard purposes as well as benefited by an easement for side yard purposes. The location of the various side yard easements shall be as set forth in the respective grant deeds to the respective lots within the property (or shall be as depicted in in- struments incorporated by reference into said grant deeds). Each such side yard easement shall be created by an appropriate reservation grant in the deed to the domi- nant tenement. The provisions of this Article shall govern as to the rights and obligations of owners and occupants of lots respecting side yard easements. SECTION 2—USE, OCCUPANCY, AND MAINTENANCE OF SIDE YARDS The owners or occupants of a lot which is a dominant tenement shall have a limited, nonexclusive right to use and occupy the side yard easement appurtenant thereto for the following purposes: A. A roof overhang from the residential structure on the dominant tenement upon the side yard; B. Encroachment upon the side yard by reason of placement or settlement of portions of im- provements originally constructed upon the domi- nant tenement and any reconstruction or replace- ment thereof, including but not limited to overhangs, eaves, portions of roofs, outcropping of structures and minor encroachments due to natural settlement of structures, and other minor encroachments upon the side yard; C. Ingress and egress for the purpose of maintaining, repairing, and replacing improvements referred to in A and B above, including, without limitation, a dwelling or structure situated upon the dominant tenement which abuts the boundary of the servient tenement, the maintenance of all or portion of which (including exterior walls) is feasible only by entry by the owner of the dominant tenement upon the servient tenement. SECTION 3—LIMITATIONS The use of the dominant tenement is subject to the following: A. The right of the owners and occupants of the ser- vient tenement at any time to enter upon the side yard for purposes of maintaining, repairing, con- structing, and/or reconstructing improvements upon the servient tenement, including landscaping and gardening of the servient tenement; and B. Drainage over and across the side yard in favor of the servient tenement for water drainage from any structure upon the servient tenement and from nor- mal usage of the servient tenement. C. In the event that any portion of such dwelling or structure which encroaches upon or abuts the boundary of the servient tenement is damaged or injured through the act or negligence of the owner of the servient tenement, or any person entering upon the servient tenement with the consent of the owner of the servient tenement, the damage or in- jury shall be repaired or replaced, as applicable, at the cost of the servient tenement owner, and the owner of the dominant tenement shall have an ac- tion at law against the owner of the servient tene- ment for the costs of such replacement or repair, as applicable, together with any and all costs of suit and reasonable attorney's fees. D. The owner of the servient tenement is hereby pro- hibited from attaching or placing any structure, ap- pliance, or improvement on or adjoining the dwell- ing or structure which abuts upon or encroaches upon the boundary of the servient tenement and which would in any way interfere with the right of access hereinabove provided in favor of the dominant tenement over the servient tenement. SECTION 4—DAMAGE TO SERVIENT TENEMENT Owners and occupants of the dominant tenement shall be responsible for all damage to the servient tenement and the improvements thereof resulting directly or in- directly from their use and enjoyment of the side yard. SECTION 5—CONFLICTING PROVISIONS To the extent the provisions of this Article conflict with any other provisions of this declaration, the conflicting provisions of this Article shall control. 21 Appendix C. Bibliography American Planning Association, 1313 East 60th Street, Chicago, IL 60637. The Cluster Subdivision: A Cost- Effective Approach. Welford Sanders. PAS Report - No. 356. 1980. 29 pp. PAS subscribers $5. ------. Planned Unit Development Ordinances. Frank S. So, David R. Mosena, and Frank S. Bangs, Jr. PAS Report No. 291.1973. 66 pp. $8; PAS subscribers $6. ------- Zero Lot Line Development. Teresa Zogby. PAS Memo 79-9. September 1979. (Updated September 1981, in PAS Memo 81-9.) City of Aurora, Aurora, CO 800f0. Landscaping for Water Conservation in a Semiarid Environment. Joanne Rondon. 1980. 95 pp. Jensen, David/HOH Associates. Zero Lot Line Housing. 22 Urban Land Institute, 1090 Vermont Ave., N. W., Washington, DC 20005. 1981. 150 pp. $22; ULI Members $16.50. National Association of Home Builders, 15th and M St., N. W., Washington, DC 20005. Planning for Hous- ing: Development Alternatives for Better Environ- ments. Land Design/Research, Inc.1980.106 pp. $22. Real Estate Research Corporation, 72 West Adams Street, Chicago, IL 60603. Emerging Trends in Real Estate: 1982, 28 pp. $5. Urban Land Institute, 1090 Vermont Ave., N. W., Washington, DC 20005. Project Reference File, Volume 3, Number 17, October -December 1973. Hyland Hills, No. 7, Beaverton, Oregon.