A. Limitations on Sale of Two-Family Dwelling Units. Individual dwelling units in any two-family dwelling shall not be sold separately, unless such two-family dwelling has been properly designated as a zero lot line duplex in accordance with the standards and procedures set forth in this chapter.

B. Standards. No dwelling unit in a two-family dwelling shall be designated or sold as a zero lot line duplex unless each of the following conditions have been met:

1. Each dwelling unit has a floor area of not less than one thousand one hundred square feet for a single story unit, and one thousand five hundred square feet for a unit having more than one story. The areas of garages, open porches, cellars and basements shall not be included for the purpose of determining the area of a dwelling unit.

2. The owner has obtained a plat of survey prepared by an Illinois licensed land surveyor, which plat of survey divides the lot upon which the two-family dwelling is located into a separate sublot for each dwelling unit. The survey may be prepared after construction of improvements on the lot, but must in any event be recorded in the office of the Woodford county recorder of deeds before title to any portion of the property is transferred by the owner to any third person. The survey shall include not only a scaled and dimensioned outline of the exterior of each dwelling unit, but also a scaled and dimensioned drawing of all other exterior improvements on each sublot, including, but not limited to, sidewalks, driveways and patios.

3. Each sublot created by the aforesaid plat of survey shall have an area of not less than three thousand nine hundred square feet, and a lot width at the right-of-way line of the street at which the unit is properly addressed of not less than thirty-five feet for interior lots and eighty-five feet for corner lots.

4. Each dwelling unit has separate utility services with separate meters for each service.

5. The owner of the two-family dwelling prior to its conversion to a zero lot line duplex has prepared covenants which bind all owners of either dwelling unit and their successors in interest. Such covenants shall be of form and content satisfactory to the zoning administrator and suitable for recording, and shall address and/or require, at a minimum, the following:

a. The proper maintenance of the common wall between the individual dwelling units,

b. The proper maintenance of the dwelling units,

c. A consistent design and color scheme for the exterior of the dwelling units,

d. Additions to the dwelling units,

e. Repair of the dwelling units in the event of damage or destruction,

f. Regulations concerning the construction, design and location of accessory structures, including, without limitation, garages, storage sheds and fences.

6. The two-family dwelling meets all other applicable requirements of this zoning code, including but not limited to, those pertaining to lot areas, yard requirements, and height of buildings.

7. The two-family dwelling meets all other applicable requirements of the Metamora village code, including but not limited to, the building code.

C. Procedure. Any person seeking the designation of an existing or proposed two-family dwelling as a zero lot line duplex, shall submit an application to the zoning administrator on a form prescribed by such administrator, which application shall be accompanied by the following:

1. Building plans for the two-family dwelling unit,

2. Proposed covenants which meet the standards hereinabove set forth.

Upon receipt of the aforesaid information, the zoning administrator shall under circumstances where the zero lot line duplex can be constructed only as a special use, refer the matter first for consideration as a special consideration of proposed special uses. Within a reasonable time after action by the village board in cases where a special use is required or after submission of the application in cases where a special use is not required, either approve the application and designate the two-family dwelling unit as a zero lot line duplex, or deny the application and provide a written explanation of the reasons for the denial. Upon approval of an application for designation of a two-family dwelling unit as a zero lot line duplex, the zoning administrator shall, on behalf of the village, sign the plat of survey submitted by the owner. Dwelling units in a zero lot line duplex shall not be sold separately until both the plat of survey and covenants in the forms approved by the zoning administrator have been recorded in the office of the Woodford County recorder of deeds with a copy of the recorded plat provided to the zoning administrator.

D. Special Finding for Special Use Required. In any case where the construction of a zero lot line duplex requires a special use, no such special use shall be approved without a conclusion by the village board that the proposed zero lot line duplex is consistent in style with other structures in the adjoining neighborhood and that the proposed zero lot line duplex will not detract from the appearance of the neighborhood.

E. Prior Consultation Encouraged. Any person who intends to seek the designation of a two-family dwelling as a zero lot line duplex is encouraged to engage in informal consultations with the zoning administrator prior to the preparation of a formal plat of survey. (Zoning ordinance dated 6/3/03 § 12-8.0)