A. The purposes of this zero lot line overlay concept are as follows:

1. To allow housing which has the attributes of detached single-family dwellings but which allows placement of dwellings against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit;

2. To provide a greater lot yield, as compared with the typical single-family development, with cost savings due to less street frontage per zoning lot and smaller lot sizes; and

3. To offer incentives to provide affordable housing by increasing density and expediting development processing.

B. The intent of the zero lot line overlay district is to encourage affordable housing as defined in title 18 of the Maui County Code by allowing the directors of public works and planning to increase densities in the underlying zoning district based on criteria and standards established by the Maui County council as provided herein. It is further intended that no zero lot line development shall be permitted where there are no public sewer collection and treatment systems. For purposes of this chapter, “public sewer collection and treatment system” means a publicly owned or privately owned treatment unit and its associated piped collection system and disposal system, excluding individual wastewater systems or cesspools. (Ord. 2135 § 2 (part), 1992)

A zero lot line overlay district development for single-family dwellings may be permitted in the R-1, R-2, and R-3 districts, if approved by the director of public works and the director of planning as provided in this chapter. Where the standards included in this chapter conflict with standards included in the individual districts or other sections of title 19, the standards included in this chapter shall apply. (Ord. 2135 § 2 (part), 1992)

All developments in the zero lot line overlay district shall be processed in accordance with title 18 of the Maui County Code, including application requirements, provided that a site plan shall be submitted with other application materials which meets the criteria established in sections 19.84.040 and 19.84.050 of this chapter. (Ord. 2135 § 2 (part), 1992)

All applications for a zero lot line overlay district development shall comply with the following applicable development standards:

A. Land Area. The land area for a zero lot line overlay district development shall be not less than one acre and not greater than twenty-five acres.

B. Uses Permitted. One single-family detached dwelling unit on a zoning lot, including every customary accessory use not inconsistent therewith, shall be permitted on a zero lot line lot, provided that no accessory dwelling pursuant to chapter 19.35 of this title shall be permitted on any zero lot line lot. All other uses permitted in the underlying zoning district are special uses in the R-O lot line overlay district and may be permitted with the approval of the planning commission pursuant to the county special use permit application procedures.

C. Minimum Lot Area.

1. The minimum lot area shall be based on no more than eight units per acre for parcels zoned R-1 residential, provided that the minimum lot area for each zero lot line lot shall be three thousand square feet;

2. The minimum lot area shall be based on no more than seven units per acre for parcels zoned R-2 residential, provided that the minimum lot area for each zero lot line lot shall be three thousand five hundred square feet;

3. The minimum lot area shall be based on no more than five units per acre for parcels zoned R-3 residential, provided that the minimum lot area for each zero lot line lot shall be four thousand square feet.

D. Lot Width.

1. The minimum lot width for lots which meet the minimum lot area requirement shall be thirty-five feet, provided that any lot which is equal to or greater than the minimum lot area of the underlying zoning shall comply with the lot width requirements of the underlying zoning district.

E. Setback Lines and Yard Requirements.

1. Front Setback Line. A lot with frontage which abuts a public street shall have a setback line from the front lot line of ten feet;

2. Access Yard Setback Line. There shall be an access yard setback line of fifteen feet;

3. Zero Lot Line. Not more than one zero lot line shall be permitted in accordance with the standards established in this chapter; provided that no other zero lot line shall be permitted to allow two private garages or carports on two abutting lots to adjoin;

4. Setback for Alternating Zero Lot Lines. For lots where a zero lot line of a lot is not adjoined by a zero lot line of an adjacent lot, this adjacent lot shall provide a ten-foot setback line that shall include within the setback a five-foot wide maintenance easement pursuant to section 19.84.050 of this chapter;

5. Other Setback Lines. Except for the front setback line, access yard setback line, zero lot lines, and setback for alternating zero lot lines, there shall be setbacks from all other lot lines of not less than six feet for a lot upon which a one-story dwelling unit is built and not less than ten feet for a lot upon which a two-story dwelling unit is built; and

6. Additional Yard. Except for the front setback line and the zero setback line and the alternating zero setback lines, there shall be at least one other yard of not less than two hundred twenty-five square feet with a width of ten feet. (Ord. 2135 § 2 (part), 1992)

A. Staggered Siting of Dwelling Units. Siting of dwelling units shall be staggered not less than three feet on adjacent lots; provided that dwelling units built on adjoining zero lot lines shall be exempt from this requirement.

B. Two Dwelling Units Located on the Same Zero Lot Line. If a dwelling unit is placed against a property line with a zero setback line, a dwelling unit may also be placed on the same zero setback line on the adjacent lot; provided that the dwelling units are designed and constructed to be similar in appearance and provided further that each dwelling unit shall have separate walls designed to support all loads independently of any walls located on the adjacent property.

C. Dwelling Units Located Adjacent to Other Zoning Districts. No dwelling unit shall be sited on a zero lot line if the adjacent lot is in another zoning district.

D. Dwelling Units Located on Alternating Zero Lot Line. Dwelling units may be located on alternating zero lot lines if a zero lot line of a lot is not adjoined by a zero lot line of an adjacent lot. The adjacent lot shall reserve a maintenance easement of at least five feet in width next to the adjoining zero lot line for the benefit of the adjoining lot.

E. Access. Shared driveway or private street easements shall be noted on a final plat of the property and incorporated into each deed transferring title to the property.

F. Tandem Parking. Tandem parking to meet parking requirements of this title may be provided on individual lots or on driveways which are for the exclusive use of an individual lot. No parking shall be permitted on sidewalks or maintenance and access easements. (Ord. 2135 § 2 (part), 1992)