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Lyon County Unincorporated
City Zoning Code

CHAPTER 343

CLUSTER DEVELOPMENT

15.343.01: PURPOSE:

   A.   Residential cluster development is intended to:
      1.   Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;
      2.   Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features, and prime agricultural lands;
      3.   Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development;
      4.   Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and
      5.   Provide opportunities for preservation of open space that can be used for passive recreation, or retain agricultural/ranching in open space areas while congregating residential development and reducing both sprawl and the loss of open space and active agricultural/ranching uses. (Ord. 603, 11-1-2018)

15.343.02: APPLICABILITY; GENERAL PROVISIONS:

   A.   Residential cluster development shall be permitted by right in the following zoning districts:
      1.   Rural Character Districts: AG, NIA, RR-20, RR-10, RR-5, RR-2, RR-1.
      2.   Suburban Character Districts: SR-2.
   B.   All principal and accessory uses authorized in the applicable Residential Zoning District(s) shall be allowed in the cluster development. (Ord. 603, 11-1-2018)

15.343.03: CONTENTS OF SITE PLAN:

   A.   The preliminary and final site plan for a residential cluster development shall include, but shall not be limited to, the following information:
      1.   The maximum number and type of dwelling units proposed.
      2.   The location of all structures to be located on the project site, including an accurate footprint and envelope of each structure.
      3.   The calculations for the permitted number of dwelling units, derived pursuant to section 15.343.04 of this chapter.
      4.   The areas of the site on which other proposed principal and accessory uses may be located and their size/intensity/footprint.
      5.   The areas of the site designated for common open space/conservation easement/agricultural-ranching use restrictive covenant and their size.
      6.   The areas of the site designated for parking and loading and the size of individual spaces.
      7.   The location of walkways, trails, and bike paths.
      8.   The number of acres that are proposed to be conveyed as common open space/placed in a conservation easement/remain in agricultural use.
      9.   Emergency access to open space/conservation area/agricultural areas. (Ord. 603, 11-1-2018)

15.343.04: CALCULATION OF PERMITTED NUMBER OF DWELLING UNITS; DENSITY BONUSES:

   A.   Except as provided in subsection C of this section, the maximum numbers of dwelling units proposed for a residential cluster development shall not exceed the number of dwelling units otherwise permitted for the Residential Zoning District in which the parcel is located.
   B.   Except as provided in subsection C of this section, the number of permitted dwelling units on a site shall be calculated in the following manner.
      1.   Measure the gross area of the proposed cluster development site in acres and tenths of an acre;
      2.   Subtract from the gross area determined in subsection B1 of this section the area of public and private streets and other publicly dedicated improvements, measured in acres and tenths of an acre, excluding common open space. The remainder shall be the net buildable area;
      3.   Convert the net buildable area from acres to square feet (SF), using the equivalency of 43,560 SF = 1 acre; and
      4.   Divide the net buildable area by the smallest minimum lot size (in square feet) per unit for a dwelling unit permitted in the zoning district. This figure shall be rounded to the nearest lower number to establish the maximum number of dwelling units to be permitted in the cluster development.
   C.   An increase of up to a minimum of one unit or ten percent (10%), whichever is greater, of the maximum number of dwelling units in the cluster development, as calculated in subsection B of this section, may be approved if the percent of density bonus is no greater than the percent of the gross area of the cluster development that is set aside and conveyed as common open space pursuant to section 15.340.08 of this title.
   D.   Additional density may be approved when the requirements of chapter 115, "Density Bonus Agreements", of this title, are met. (Ord. 603, 11-1-2018)

15.343.05: PROCEDURES FOR REVIEW:

A residential cluster development and any amendments thereto as a land development project shall be reviewed in accordance with the provisions of this title and any regulations adopted pursuant to this title. (Ord. 603, 11-1-2018)

15.343.06: REVIEW CRITERIA:

   A.   In reviewing a residential cluster development, the Planning Commission shall determine whether:
      1.   The site plan satisfies the requirements of section 15.343.03 of this chapter and the limitations of the zoning district in which the cluster development is located;
      2.   Buildings and structures are adequately grouped so at least twenty five percent (25%) of the total area of the site is set aside as common open space. Open space shall be configured to comply with the requirements of section 15.340.08 of this title;
      3.   Pedestrians can easily access common open space;
      4.   The site plan establishes, where applicable, an upland buffer of vegetation of at least fifty feet (50') in depth adjacent to wetlands and surface waters, including intermittent streams, springs, lakes, and ponds;
      5.   Individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography;
      6.   Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets;
      7.   The site plan accommodates and preserves any features of historic, cultural, or archaeological value;
      8.   Floodplains, wetlands, and areas with slopes in excess of twenty five percent (25%) are protected from development; and
      9.   The cluster development advances the purposes of this title as stated in section 15.343.01 of this chapter.
   B.   The Planning Commission may, in its opinion, apply such special conditions or stipulations to its approval of a residential cluster development as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of the comprehensive plan and this title.
   C.   If the Planning Commission finds that the requirements of subsection A of this section are satisfied, it shall recommend approval of the residential cluster development, subject to any special conditions or stipulations pursuant to subsection B of this section, any density incentive pursuant to section 15.343.04 of this chapter, and any reductions and/or waivers pursuant to section 15.343.07 of this chapter. (Ord. 603, 11-1-2018)

15.343.07: REDUCTION OF CERTAIN PHYSICAL DESIGN REQUIREMENTS:

   A.   In approving a residential cluster development, the Board may reduce the pavement width of any public or private streets that would otherwise be required by this title or the Lyon County Design Criteria and Improvement Standards to twenty two feet (22') subject to the approval of the Fire Chief of the local Fire Protection District.
   B.   An applicant who wants the reduction of pavement width of public or private streets as provided for in subsection A of this section, shall submit a statement of justification for the reduction along with the final site plan. (Ord. 603, 11-1-2018)

15.343.08: CONVEYANCE OF OPEN SPACE:

   A.   Open space provided by a residential cluster development shall be identified, conveyed, and managed in accordance with the requirements of section 15.340.08 of this title. (Ord. 603, 11-1-2018)