(A)   The purpose of residential cluster development is to provide an alternative development option that will:

      (1)   Promote more efficient use of land resources than is otherwise possible under conventional subdivision regulations;

      (2)   Reduce the per unit site development costs of dwellings by concentrating residential units on a portion of the site without increasing the overall net density above that which would normally be allowed pursuant to Article F;

      (3)   Preserve the natural character of the site;

      (4)   Preserve farm land and scenic views;

      (5)   Provide for desirable and usable open space, tree cover, and the preservation of environmentally sensitive areas; and

      (6)   Provide variety in residential buildings and properties and provide design flexibility that can relate the location of units to unique site conditions.

   (B)   For purposes of this section, a “residential cluster development” is defined as:

      (1)   A development design wherein conventional zoning standards are relaxed to permit modifications in lot area, lot width, lot frontage, lot coverage, and required yards, and to save infrastructure development cost, environmental damage, energy use and land resources by concentrating dwellings in specific areas of the site without increasing the net density above that which would normally be allowed pursuant to Article F;

      (2)   Such development shall contain detached single-family dwellings only; and

      (3)   Such development shall provide a program for the provision, operation and maintenance of such areas, facilities and improvements as shall be required for the perpetual common use by the occupants of the development.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2409, § 1, passed 1-9-1992; Ord. No. 23-040, § 1, passed 5-11-2023)

   (A)   Residential cluster developments shall contain not less than ten net acres. For purposes of this section, “net acres” shall be the total area of all lots and common area(s) exclusive of public street rights-of-way or private street easements. Addition to any existing residential cluster development may be allowed provided the addition meets or exceeds all other applicable requirements.

   (B)   Subject to subsection (A) above, a residential cluster development may as an option be allowed within any RA-20, R-9S, R-9, R-6S, R-6, R-6A, MRS or MR Zoning District. The development shall be exempt from the conventional zoning standards relative to lot area, lot width, lot frontage, lot coverage, and required yards normally applicable to such districts, provided the development complies with the minimum standards set forth under this section.

   (C)   Dwelling units within a residential cluster development may not be constructed on lots fronting private streets.

   (D)   A residential cluster development shall provide open space(s) subject to all of the following requirements:

      (1)   Such open space shall be greater or equal in area to the total amount of area by which each lot was reduced below the minimum lot size requirement of the prevailing zoning district, or as provided under subsection (D)(2) below, whichever is greater;

      (2)   Residential cluster developments shall reserve not less than 15% of the gross acreage as common open space;

      (3)   The area shall not be used as a building site. For purposes of this section, picnic areas or shelters, ball fields, walking or jogging trails, boat ramps and docks or other similar recreational facilities may be allowed;

      (4)   The area shall not be devoted to any public street right-of-way or private street easement, private driveway or parking area;

      (5)   The area shall be left in its natural or undisturbed state if wooded at the time of development, except for the cutting of trails for walking or jogging or, if not wooded at the time of development, is improved for the uses listed under subsection (D)(3) above, or is properly vegetated and landscaped with the objectives of creating a wooded area or other area that is consistent with the objective set forth in subsection (D)(6) below;

      (6)   The area shall be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation or for horticulture if not devoted to other allowable uses in this subsection;

      (7)   The area shall be legally and practically accessible to the residents of the development, or to the public if so dedicated;

      (8)   A minimum of one-half of the required open space shall be contained in one continuous undivided part;

      (9)   Not more than 25% of the required open space shall lie within any floodway zone;

      (10)   Not more than 25% of the required open space may be devoted to allowable improvements as set forth in subsection (D)(3) above;

      (11)   The area shall be perpetually owned and maintained for the purposes of this article by a homeowners’ association or, at the option of the city, dedicated or deeded to the public;

      (12)   The location and arrangement of any open space(s) shall be subject to Planning and Zoning Commission approval; and

      (13)   The owner shall, pursuant to the subdivision regulations, cause a final subdivision plat to be recorded in the Pitt County Register of Deeds which clearly describes the open space(s) and conditions thereof, prior to the issuance of any building permit(s).

   (E)   If any portion of the area proposed for a residential cluster development lies within an area designated in the officially adopted Greenway Master Plan as a greenway corridor, the area so designated shall be included as part of the area set aside to satisfy the open space requirements of this section. The area within the greenway corridor shall be dedicated and/or reserved to the public at the option of the city.

   (F)   Maximum density requirements.

      (1)   Residential density shall not exceed that which would normally be permitted under single-family standards within the prevailing zoning district on a net area basis.

      (2)   Public street rights-of-way and private street easements shall not be included or count towards the total net area for purposes of calculating allowable density.

      (3)   Area dedicated or deeded to the city pursuant to subsection (E) above shall count towards net area for purposes of density calculation.

   (G)   Minimum dimensional standards.

      (1)   Lot area: Not less than 60% of the minimum lot area which would normally be required under the single-family standards of the prevailing zoning district.

      (2)   Lot width: No minimum width requirement at the street setback line (MBL); however, all lots shall contain a building site of like design and area to other lots within the cluster subdivision.

      (3)   Lot frontage: 40 feet, except on the radius of a cul-de-sac where the distance may be reduced to 20 feet.

      (4)   Public or private street setback: No principal or accessory structure shall be closer than 15 feet to a public street right-of-way or private street easement or as further provided herein.

      (5)   Side yard setback: Shall be subject to section 9-4-203 (zero lot line) or not less than 12 feet, provided however, that no structure shall be located on more than one side lot line. Dwellings which do not utilize the provisions of section 9-4-203 (zero lot line) and are not located adjacent to a lot line section subject to section 9-4-203 shall maintain a minimum side setback of not less than six feet.

      (6)   Rear yard setback: Shall be subject to section 9-4-203 (zero lot line) or not less than 12 feet.

      (7)   Building separations: No portion of any principal structure shall be located less than 12 feet from any other principal structure or less than ten feet from any accessory structure as measured to the closest point.

      (8)   Periphery boundary setback: Except as further provided no principal or accessory structure shall be located less than 25 feet from the peripheral boundaries of the residential cluster development.

      (9)   Transition area setback:

         (a)   Where a residential cluster development adjoins or borders an existing single-family zoning district or other predominantly single-family development sharing common frontage on the same or opposite side of a public or private street, the minimum right-of-way and/or easement setback requirement of the single-family zone or development shall be utilized for the entire opposite frontage and 300 feet from the common border.

         (b)   For purposes of this subsection, “other predominantly single-family development” shall be that area within 100 feet of the external boundary of the residential cluster development in which 50% or more of the conforming land uses are detached single-family residential.

      (10)   Maximum height: 35 feet.g

      (11)   Detached accessory structure requirements:

         (a)   Shall not be located within any front yard setback;

         (b)   Shall not be located within ten feet of any other principal structure or within five feet of any other accessory structure;

         (c)   Shall not cover more than 20% of any side or rear yard; and

         (d)   The side or rear yard requirement for detached accessory structures shall be subject to the provisions of section 9-4-203 (zero lot line) or not less than five feet.

      (12)   Satellite dish antennae and swimming pools shall comply with the applicable provisions of Article F.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2409, § 1, passed 1-9-1992; Ord. No. 2467, § 1, passed 6-8-1992; Ord. No. 94-59, § 1, passed 4-14-1994; Ord. No. 95-29, § 8, passed 3-9-1995; Ord. No. 95-78, § 1, passed 8-10-1995; Ord. No. 96-122, § 1, passed 12-2-1996; Ord. No. 97-85, §§ 1, 2, passed 8-14-1997; Ord. No. 23-040, § 1, passed 5-11-2023)

   A zero side and/or rear yard setback as permitted herein, may be permitted, subject to the following provisions:

   (A)   Any wall, constructed on the side or rear lot line shall be a solid doorless and windowless wall. The wall shall contain no electrical, mechanical, heating, air conditioning or other fixtures that project beyond the wall. If there is an offset of the wall from the lot line, the offset shall be subject to the applicable provisions of § 9-4-202(G)(5) and (6). Roof eaves may encroach two feet into the adjoining lot;

   (B)   A five-foot maintenance and access easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance; and

   (C)   Where zero side or rear yard setbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivision plat.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2409, § 1, passed 1-9-1992)

   No new private streets are allowed after August 14, 2014.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2409, § 1, passed 1-9-1992; Ord. No. 14-049, § 9, passed 8-14-2014)

   All development regulated in accordance with this article shall be subject to the requirements, conditions and restrictions of the subdivision regulations.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2409, § 1, passed 1-9-1992)