Brunswick City Zoning Code
CHAPTER 1284
Single Family Cluster Development
1284.01 PURPOSE.
It is the purpose of this chapter to obtain a more creative and imaginative residential environment than would otherwise be possible through strict application of the minimum requirements of the R-L Low Density Residential District, while maintaining the same population densities established in the R-L District. The single family cluster developments are intended to achieve, in a unified development, more flexible spacing of lots and buildings and encourage the following:
(a) In larger projects, a wider variety of dwelling types including conventional single family and single family cluster dwellings;
(b) A more efficient use of land than is generally possible in the R-L zone, resulting in decreased improvement costs;
(c) The creation of functional and interesting residential areas;
(d) The provision of readily accessible recreation and open spaces;
(e) The conservation of natural landscape amenities; and
(f) The separation of pedestrian and vehicular circulation.
1284.02 OVERVIEW.
(a) Description. A single family cluster development is a subdivision with some or all of the lots are reduced below the R-L district minimum lot size, but where the overall gross density complies with the maximum R-L density of 2.2 units per gross acre. These projects require that the planning for the lots and the locations of the houses on the lots be done at the same time. Because the exact location of each house is predetermined, greater flexibility in development standards can be possible while assuring the single family character of the zone is maintained.
(b) Review Procedures. Single family cluster developments are conditionally permissible uses in the R-L Low Density Residential District. Any developer may submit plans in accordance with the provisions of this chapter and other applicable provisions of the Planning and Zoning Code. Site plans for single family cluster groupings shall be further reviewed according to the procedures and requirements of Chapter 1278 Site Plan Review.
1284.03 USES.
Buildings and land shall be used only for the following purposes:
(a) Single family dwellings;
(b) Single family cluster dwellings in projects with 25 or more gross acres;
(c) Open spaces and recreation facilities on private land for the exclusive use of the residents, or publicly-owned.
(d) Accessory buildings or uses which are clearly secondary and incidental to a permitted principal use of the same lot.
1284.04 LAND PLANNING CRITERIA.
(a) Area and Density Regulations.
(1) Development Area. The minimum area to qualify for single family cluster development shall be not less than 15 gross acres, excluding all street rights of way existing prior to approval of the single family cluster development. The Commission may, by the concurring vote of 3 members of the Commission, allow areas of less than 15 acres if it determines that the single family cluster development can adequately meet the intent of Section 1284.01. Single family cluster dwellings are permitted only in subdivisions with a minimum area of 25 gross acres.
(2) Maximum Density. The gross density of the entire development area shall not exceed 2.2 dwelling units per acre.
(4) Parking. Parking in a single family cluster development shall comply with the requirements set forth in Chapter 1276, except as noted below. All driveways and parking areas shall be concrete.
(b) Conventional Single Family Dwellings. Within a single family cluster development, conventional single family dwellings, lots and yards shall comply with the applicable R-L district requirements, except as noted below:
(1) Minimum lot area: 13,600 square feet
(2) Minimum lot width: 85 feet
(3) Minimum front yard width shall average 40 feet for each phase of the subdivision and may vary between 35 feet and 45 feet. Not more than three adjacent yards shall be the same.
(4) On cul-de-sac lots, the minimum side yard width shall be 5 feet, provided that a minimum of 15 feet is maintained between adjacent dwellings.
(5) Minimum rear yard: 35 feet
(6) Required yards for accessory buildings shall be as required in Section 1280.06.
(Ord. 53-97. Passed 6-11-97.)
(Ord. 53-97. Passed 6-11-97.)
(7) On lots where the dwelling has the garage door(s) oriented perpendicular to the access street, the minimum side yard setback on the garage side shall be fifteen (15) feet and the minimum side yard setback on the side of the dwelling opposite the garage shall be five (5) feet. The minimum distance from any side loaded garage door to the property line shall be twenty-six (26) feet, as shown on Exhibit A. In no case, however, shall the minimum separation between dwellings be less than twenty (20), except where the dwelling is on a cul-de-sac, as provided above in Section 1284.04(b)(4). All driveways shall be a minimum of five (5) feet from the property line. Aprons in front of the garage door(s), and their associated tapers, may be within one (1) foot of the property line, provided they do not interfere with drainage swales or other storm water features.
(Ord. 4-07. Passed 3-12- 07.)
1284.05 SINGLE FAMILY CLUSTER UNITS.
Within a single family cluster development approved by the Planning Commission, single family cluster dwellings, if any, shall comply with all requirements of the R-L district, except as specifically provided below.
(a) General. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. The single family cluster dwellings may be arranged in various groups, courts, sequences or clusters with open spaces organized and related to the dwellings so as to provide privacy and to form a unified composition of buildings and space. Design criteria for single family cluster units are further established below and in Section 1284.06.
(b) Unit Types. Single family cluster dwellings may be unit types variously known as zero lot line, patio, atrium, townhouse, duplex, or triplex, or may even be a specially designed free-standing unit. Within the design criteria established in this chapter, single family cluster dwellings may include any type of dwelling ownership or physical arrangement.
(c) Number of Units. Not more than 35 per cent of the total dwelling units within any single family cluster development shall be allocated to single family cluster units. The balance shall be allocated to conventional single family detached dwellings. Not more than 3 single family cluster units may be physically attached via common or adjoining walls.
(d) Required Yards. Single family cluster dwellings shall maintain the following yards:
(1) Front yard
A. Private street or drive: 20 feet from garage door to sidewalk or drive, whichever is closer.
B. Cul de sac or loop street: 20 feet from garage door to right of way line.
C. Other public street: same front yard as conventional single family.
D. Front yards and facades shall be designed to create an interesting and varied streetscape.
(Ord. 53-97. Passed 6-11-97.)
(Ord. 53-97. Passed 6-11-97.)
E. Minimum building front yard setback: 15 feet to right-of-way line or street pavement edge, whichever is greater.
(Ord. 131-06. Passed 2-26-07.)
(2) Rear yard: 15 feet from any open space area and 50 feet from any conventional single family property line, inside or outside the single family cluster development. Where the single family cluster dwelling is adjacent to common open space with a minimum dimension of 50 feet, an open porch may extend to within 5 feet of the open space area.
(Ord. 53-97. Passed 6-11-97.)
(3) Side yard: a minimum of 5 feet, with a minimum of 10 feet between adjacent buildings. On cul-de-sac lots, there will be a minimum of 3 feet and 7 feet, as per Exhibit A, on file with the Planning Commission.
(Ord. 127-06. Passed 2-12-07.)
(4) The Planning Commission may modify the above required yards to provide greater or lesser distances in order to achieve the objectives stated in Section 1284.01.
(e) Parking. Within groups of single family cluster units, additional guest parking shall be provided at a ratio of one space for each 5 such units. Additional guest off-street parking areas may be required by the Commission if it determines that such additional parking is necessary to adequately serve the needs of the cluster area.
(f) Floor Area. Single family cluster dwellings shall comply with the same minimum floor area requirements as the R-L District in Section 1252.05(g).
(g) Lot Coverage. Single family cluster dwellings and lots shall be exempt from the lot coverage limitation in Section 1280.06(d).
1284.06 DESIGN CRITERIA.
In addition to the requirements of Section 1284.05 above, single family cluster dwellings and groups of such dwellings shall be designed and sited according to the criteria established below:
(a) Unity in groups of single family cluster dwellings shall be created through use of common architectural and design elements such as color, building mass, roof lines, facade treatment, color, landscaping, setbacks and related features. However, these same elements shall also be used to prevent uniformity in design elements within a cluster.
(b) Visual monotony created by excessive block lengths shall be avoided.
(c) Architectural and/or landscape elements that provide a logical transition to adjoining uses shall be provided.
(d) Where practical, existing landscape features shall be incorporated into the design of clusters. Where these existing features are not available, land scape design shall be used to create interesting and varied streetscapes and living areas.
(e) Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.
(f) Cluster units and adjacent open space networks shall be designed to provide views of the open space from the street.
(g) Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.
(h) Each cluster unit shall be designed to include private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units. Particular care must be given to outdoor privacy when two-story cluster units are used. Private open space shall be provided at the minimum rate of 100 square feet per cluster dwelling unit.
(i) In addition to its other uses, landscaping shall also be used to lessen the intrusion of appurtenances such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.
(j) Garages shall be designed and located so that they are not the dominant visual element of the building or streetscape. All attached garages shall comply with one of the following: (Ord. 164-99. Passed 11-22-99.)
(1) The garage door shall be a maximum of two (2) feet forward (towards the primary access street) of either the front wall of the main living area, if there is no covered porch, or the front porch line, provided the porch is both covered with a roof and has a concrete frost depth foundation. In no instance shall the garage door be more than six (6) feet in front of the main living area.
(Ord. 87-10. Passed 11-8-10.)
(2) The garage door shall be oriented perpendicular, or mainly perpendicular, to the access street.
All attached garages shall be fully integrated into the building mass.
(k) Doorways shall be defined and articulated with architectural elements such as lintels, pediments, porches or overhangs. Doorways shall be compatible with the building as a whole and with the doors themselves.
(l) There shall be a maximum of 16 inches between exterior wall finishes and the final grade. Exposed foundation walls shall be covered with brick, stone or masonry with a surface design.
(Ord. 164-99. Passed 11-22-99.)
1284.07 COMMON OPEN SPACE DESIGN.
The common open space required by Section 1284.04(a)(3) shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established below.
(a) Open space shall be available and accessible to all residents of the single family cluster development, and shall be designed primarily for their use. Common open space shall be exclusive of all streets, non-recreational buildings and individually-owned land. Each dwelling unit within the single family cluster development should be designed to abut common open space areas.
(b) In order to insure that all portions of the open space network are useful for that purpose, no portion of the common open space shall have a dimension of less than fifty feet, subject to modification by the Planning Commission for smaller sections which are particularly well-designed and meet the objectives of this Chapter 1284.
(c) Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pools, pavilions or other recreation features.
(d) Significant natural amenities, such as outcroppings, tree stands, ponds, ravines and stream channels should be left in their natural state and considered part of the required open space, subject to these standards.
(e) Public open space and the adjacent circulation system should be designed to limit through traffic on local streets. Public open space which is to be developed as a major activity center such as a swimming pool or recreation center should be located on a thoroughfare designed to accommodate the resulting trip desires and traffic volumes.
(f) Common open space shall be designed as a network of spaces offering pedestrian access throughout the subdivision and to maximize the number of homes which are adjacent to the open space. Common open spaces shall also include street frontage, particularly in cluster areas, to relieve the streetscape and to allow views into the open areas from the street.
(g) Stormwater detention areas may receive full credit towards the open space requirement in Section 1284.04(a)(3) if they are designed and improved for an appropriate open space or recreation use (such as a lake or play-field) in addition to storm-water detention; single purpose detention basins shall be excluded from the minimum open space requirement.
1284.08 COMMON OPEN SPACE DISPOSITION.
(a) Legal Instruments. Single family cluster developments shall receive approval subject to submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:
(1) The instruments shall guarantee that open space as shown on the final development plan will remain as such. The Planning Commission may require that all development rights to the open space be deeded to the City or such other appropriate public body, or that permanent restrictive covenants be attached to the open space.
(2) Common open space and recreation facilities shall be deeded to a homeowners association, funded community trust or any similar entity as approved by the Law Director. If a private entity is to hold title to common open space and recreation facilities, such entity shall not be dissolved nor shall it dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners association shall be mandatory of all property owners with the single family cluster development.
(3) Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreation facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the property. Advance notice is not necessary for emergency entrance onto such common area and facilities.
(b) Phasing. When the single family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by Section 1284.04(a)(3). Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate. Open space improvements in a particular shall be constructed at the same time as the other public improvements for that same phase, unless otherwise approved by the Planning Commission.
(c) Parkland and Open Space Dedication. Open space gained through clustering as required by this chapter shall be separate from the open space required by Chapter 1232 "Parkland and Open Space Dedication". The open space required by Chapter 1284 may be credited towards the fulfillment of the requirements of Chapter 1232, subject to the following:
(3) Single family cluster subdivisions shall not be eligible for the lot size and frontage reductions in Section 1232.14.
(4) Open space in a single family cluster development in excess of the 30 per cent minimum may be considered for dedication to the City according to the procedures and criteria in Section 1232.11.
1284.09 IMPROVEMENTS.
(a) Utilities. Utility improvements in a cluster area, if approved by the Planning Commission and City Engineer, need not be installed in a dedicated right of way. In all instances where such improvements are not installed in a dedicated right of way, the developer shall grant temporary and/or permanent easements providing for access to the utilities by the City or other utility companies.
(b) Public or Private Streets. Except as otherwise specified in this chapter, all public improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. Each single family cluster unit shall have access to a public streets or to a private street constructed to City street standards.
1284.10 SCHOOL SITES.
(a) Should the Planning Commission, in cooperation with the Brunswick Board of Education, determine that it is in the best interest of the City to locate a public school site within the development area, the Commission shall so advise the developer and the preliminary subdivision plan shall incorporate such school site in a location, and of a size, acceptable to the Planning Commission and the Board of Education.
(b) Up to one-half of the required school site area may comprise required open space as required in Section 1284.04(a)(3), provided the portion of the school site area is deeded to the Brunswick Board of Education.