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<br />Ordinance No. NS-XXXX <br />Page 13 of 17 <br /> <br /> <br /> <br />(1) The accessory dwelling unit is located within one-half mile of public <br />transit. For the purposes of this section “public transit” shall mean a bus <br />stop with fixed route express bus service that provides transit service at <br />15-minute intervals or better during peak commute periods. <br /> <br />(2) The accessory dwelling unit is located within an architecturally and <br />historically significant historic district. <br /> <br />(3) The accessory dwelling unit is part of the existing primary dwelling or an <br />existing accessory structure. <br /> <br />(4) When on-street parking permits are required but not offered to the <br />occupant of the accessory dwelling unit. <br /> <br />(5) When there is a car share vehicle located within one block of the <br /> accessory dwelling unit. For the purposes of this section, “car-share <br />vehicle” shall mean part of an established program intended to stay in a <br />fixed location for at least 10 years and available to the public. <br /> <br />Sec. 41-194.11 Non-conforming Properties. <br /> <br />(1) Legal nonconformities of the existing primary dwelling, except for legal <br />nonconformities related to the parking standards of this chapter, shall be <br />allowed to remain provided nonconformities are not expanded or any <br />new nonconformities are created. <br /> <br />(2) A lot shall comply with the current parking standards of this chapter prior <br />to or concurrent with the establishment of an accessory dwelling unit. <br /> <br />Sec. 41-194.12 Restrictive Covenant. Prior to issuance of a building permit for an accessory <br />dwelling unit, a covenant consenting that either the primary dwelling unit or the <br />accessory dwelling unit shall be owner-occupied shall be recorded against the <br />title of the property in the County Recorder’s office and a copy filed with the <br />Planning Division. Said covenant shall run with the land, and shall bind all future <br />owners, heirs, successors, or assigns. The form of the deed restriction shall be <br />provided by the City and shall provide that: <br /> <br />(1) The accessory dwelling unit shall not be sold separately from the <br />primary dwelling. <br /> <br />(2) The unit is restricted to the approval size and attributes of this chapter. <br /> <br />(3) The covenant restrictions run with the land and may be enforced against <br />future purchasers. <br /> <br />(4) The covenant restrictions may be removed if the owner eliminates the <br />accessory dwelling unit. <br /> <br />5- 23