Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-1, which pertained to purpose and intent and derived from LDC, art. VII, § A.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-2, which pertained to applicability and derived from LDC, art. VII, § B; and Ord. No. 2018-07, § I, adopted Feb. 5, 2019.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-3, which pertained to procedures for site plan approval and derived from LDC, art. VII, § C.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-4, which pertained to fees and derived from LDC, art. VII, § D.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-5, which pertained to site plan requirements and derived from Ord. No. 2017-04, § 3, adopted April 4, 2017; and Ord. No. 2018-07, § I, adopted Feb. 5, 2019.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-7, which pertained to general conditions which may be attached and derived from LDC, art. VII, § F(2) i.

Editor's note— Ord. No. 2020-03, § 2, adopted May 5, 2020, repealed § 111-8, which pertained to bonds and derived from LDC, art. VII, § F.

A developer may carry out single-family residential development within a parcel proposed for development by any design, configuration or location of dwelling units the developer may desire, provided that:

(1)

The development complies with all requirements of this chapter except as expressly modified under this section;

(2)

The total number of dwelling units developed within the parcel proposed for development does not exceed the total number of units allocated to such parcel under the relevant residential district regulations;

a.

Clustered developments shall not exceed either intensity or lot coverage for a given parcel;

b.

Once a parcel is clustered, it has to remain intact and not be sold off. A deed restriction shall be required;

(3)

Each single-family detached dwelling unit shall be located on and have allocated to it a lot with the minimum area of 3,000 square feet;

(4)

All land within the parcel proposed for development not allocated as a lot, or used for roads, access ways, bodies of water, common recreation facilities, or service facilities shall be designated by the developer as "common open space;" and

(5)

All common open space shall be either:

a.

Conveyed to a public body, if said body agrees to maintain the common open space;

b.

Conveyed to a homeowners' association, subject to covenants and agreements providing for the perpetual maintenance of the common open space; or

c.

Subject to covenants or agreements between the developer and purchasers or users of the residential dwelling units which provide for the perpetual maintenance of the common open space. Such covenants or agreements may provide for maintenance of the common open space for future development in the event of a future allocation of density for a sector of the city by a general amendment to this chapter. Such covenants or agreements shall provide, at a minimum, that in the event of a future allocation of additional density under this section, the rights of purchasers or users of the initial residential dwelling units to use any remaining common space shall not be less than the rights of the purchasers or users of future dwelling units.

Any covenants and agreements required under this section shall be recorded in the public records of the county.

(LDC, art. IX)