A. For development that will result in two units on a lot, where any portion of a building or buildings is proposed to be located outside of the allowed R-1 building envelope, the following development standards apply.
B. Residential developments shall comply with the development standards in this chapter and for the R1-8L and R1-6L zones, as applicable, set forth in Chapter 18.10 ) and additional parking regulations set forth in Chapter 18.38 (Off-Street Parking Regulations and Design Standards), with the following exceptions:
a. Size. Units may be as small as two hundred twenty (220) square feet in floor area or as large as one thousand (1,000) square feet in floor area.
b. Maximum Height/Stories.
(1) Rear fifteen (15) feet of a parcel: buildings or structures shall not exceed one story in height or sixteen (16) feet.
(2) All other areas on the parcel: buildings or structures shall not exceed one and one-half stories or twenty-five (25) feet in height.
c. Side and Rear Setbacks. Minimum side and rear setbacks shall be the least of the following:
(1) As required by the development standards for the R1-6L and R1-8L districts in Chapter 18.10, as applicable;
(2) Four feet;
(3) The setbacks of an existing structure for which there is no proposal to alter its dimensions, or a structure constructed in the same location and to the same dimensions as an existing structure.
d. Upper Story Windows. Second story egress windows shall face the front property line or interior of the project. Otherwise second story windows must be either of the following:
(1) Five-foot minimum sill height above finished floor; or
(2) Clerestory; or
(3) Opaque/frosted glass.
e. Second Story Balconies and Roof Decks. Balconies with a maximum depth of four feet allowed within the R1-6L and R1-8L setbacks. Roof decks are not allowed.
f. Front Door Placement/Orientation. For units within thirty (30) feet of a street, the main entrance door or entry porch must be oriented to the street and be located no more than five feet behind the front most wall of the unit.
g. Garage Location/Size. For garages within thirty (30) feet of a street, the maximum width for a garage with a garage door facing the street is forty percent (40%) of the lot width.
h. Front Yard Landscaping. A minimum of fifty percent (50%) of the front yard shall be maintained as unpaved landscaping, except as may be required to meet minimum off-street parking and access requirements of the Zoning Code.
i. Modification or Waiver of Standards. An applicant for a residential development that will result in two homes on a lot may apply for a modification or waiver of specific development standards, if all of the following requirements are met:
(1) The applicant must demonstrate, to the satisfaction of the Zoning Administrator, that the strict application of development standards in this chapter, or the standards required for the R1-6L and R1-8L districts in Chapter 18.10would preclude the construction of a maximum of two units, where each unit is at least eight hundred (800) square feet in floor area.
(2) The applicant shall have the burden of proof to establish that the modification or waiver is necessary and that there is no redesign possible that would still allow for the construction of two dwellings of at least eight hundred (800) square feet without the modification or waiver.
(3) Notwithstanding the foregoing, a modification or waiver shall not be used to reduce the minimum setback size to less than four feet, unless the setback is on an existing legal structure with setbacks of less than four feet, and the proposed development either (A) does not propose to modify the dimensions of that existing structure, or (B) will replace the structure with another structure with exactly the same dimensions.
