Item 06 - ZONING ORDINANCE AMENDMENT NO. 2022-03

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Ordinance No. NS-XXX Page 50 of 54 (B) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (C) All landscaping must be drought-tolerant. (D) All landscaping must be from the city's approved plant list. (11) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. (12) Utilities. (A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. (C) All utilities must be underground. (13) Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code. (g) Separate Conveyance. (1) Primary dwelling units on the lot may not be owned or conveyed separately from each other. (2) Condominium airspace divisions and common interest developments are not permitted within the lot. (3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (A) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (h) Regulation of Uses.