The Kent County Department of Planning Services, Division of Planning, will encourage cluster subdivisions within the AC, AR, RS1 and the RS5 Zoning Districts in Kent County. A cluster development is a residential subdivision in which dwelling units are grouped, leaving land undivided and undeveloped for community or agricultural use. Developers may group dwelling units on lots which are smaller than what may be required in a given zoning district, provided that the overall density of the tract remains within the density required of the zoning district in which the subdivision is located.

Benefits of cluster subdivisions:

In the AC, AR, RS1 and RS5 Zoning Districts, a developer may create lots which may be smaller than those required in the zoning district in which the tract is located, if the developer complies with the provisions set forth in these regulations.

All lot reductions in a cluster development shall be compensated for by an equivalent amount of land in open space to be preserved and maintained for its scenic value, recreation, agriculture or conservation purposes.

In approval of a cluster subdivision, in no case shall the maximum density for the applicable district be modified or changed.

All cluster subdivisions shall be served by public water and sewer, except that individual on-site septic and water in accordance with the provisions of Chapter 187 may be used outside the Growth Zone Overlay, with a minimum lot size of one-half acre, at the discretion of Levy Court.

Individual lots, buildings, streets and parking areas shall be designed to minimize alteration of the natural site features to be preserved.

The usability of cluster open space intended for a recreation or public use shall be determined by the size, shape, topography and location requirements of the particular purpose proposed for the site.

Cluster open space shall include irreplaceable natural features, such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, wetlands or cultural features.

Cluster open space intended for recreation or public use shall be easily accessible to pedestrians, and accessibility shall meet the needs of the handicapped and elderly.

The suitability of cluster open space intended for scenic value and purposes shall be determined by its visibility from a significant number of units or buildings or length of public or private streets.

Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.

Individual lots, buildings and units shall be arranged and situated to relate to surrounding properties, to improve the view from the buildings, and to lessen the land area devoted to motor vehicle access.

Individual lots, buildings, units and parking areas shall be situated to avoid the adverse effects of shadows, noise and traffic on the residents of the site.

All residential structures within a cluster subdivision shall front on and gain access from an interior subdivision street, parking area or court. In no instance shall a residential structure in a cluster subdivision be accessible from a County or state highway.

Twenty-five acres in an AC and AR Zoning District.

Fifteen acres in an RS1 Zoning District.

Ten acres in an RS5 Zoning District.

Single-family detached house. A single-family detached dwelling located on a privately owned lot which has private yards on all four sides of the dwelling:

Lot line house. A single-family fully detached dwelling located on an individual lot which is set on the lot line. House windows and doors are prohibited in that wall of the house on the lot line. Either a five-foot maintenance easement shall be provided on the neighboring property, or the lot line house may be set back 15 feet from the line, or recreation, planting and use easements may be granted to the adjacent owner. In addition the following table specifies the minimum standards for a lot line house:

Village house.

Patio house. A detached or semidetached single-family dwelling with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, thus creating a private yard area between the house and the wall. Side and rear walls shall be seven feet in height and the front wall shall average six feet in height. That portion of the yard or patio area comprising minimum patio area is this housing type's minimum yard area. All living spaces, such as living rooms, dens and bedrooms shall face the yard or patio. The following table specifies the minimum standards for a patio home:

Duplex. A semidetached single-family dwelling. The structure has one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The following table specifies the minimum standards for a duplex, per unit:

Townhouse. A single-family attached unit, with a single unit going from ground to roof, and with individual outside access. Rows of attached townhouses shall average no more than six dwelling units. The following table specifies the minimum standards for townhouses:

Multiplex. A single-family attached dwelling or a multiple-family dwelling unit. Each unit may take direct access to a private yard or access point, or units may share yards and access. The units may be arranged in a variety of configurations, including back to back, side to side, or vertically; however, no more than six units shall be attached in any single building. The following table specifies the minimum standards for a multiplex structure:

Subtracting the amount of the minimum lot area (in square feet) from the standard lot size (in square feet) for the district in which the cluster subdivision is located.

Adding together the result of each lot calculation.

Up to 1/3 of the required open space may be located in a one-hundred-year floodplain.

Cluster open space shall not include areas devoted to public or private vehicular streets or any land which has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as schools or other public facilities.

The land must be set aside (and usable) for recreation, agriculture or conservation, and shall be shown on an approved subdivision plan. Recreational areas shall be accessible to all residents of the subdivision.

A minimum area of open space must be reserved for the residents of the subdivision as prescribed by Chapter 187, Subdivision of Land. Cluster open space dedicated to agricultural uses shall not be considered as required recreational open space.