Montgomery County Unincorporated
City Zoning Code

It is the objective of this section to encourage innovative development proposals that exhibit such special qualities or concepts that they may deviate from standard ordinance requirements. This generally refers to a development pattern for residential, commercial, industrial, or combinations of such uses, in which the uses are grouped or "clustered" through a density transfer, rather than spread equally throughout a parcel as in conventional lot-by-lot development. The ordinance may authorize such development by permitting smaller lot sizes if a specified portion of the land is kept in permanent open space either through public dedication or through creation of homeowners association. These regulations are established in order that each cluster development proposal will be evaluated on its own merits. It is recognized that some proposals or concepts will be more successful than others and the approval of a specific proposal in one situation does not mean that a similar proposal would be acceptable in other circumstances. These provisions are purely optional and are a voluntary means by which land may be developed outside of the standard ordinance requirements. These provisions are designed to evaluate only those innovative concepts that propose to meet a community need that would not otherwise be met. Finally, it should be emphasized that these provisions should not be confused with or take the place of the normal variance procedures established either in this Ordinance or in the subdivision ordinance.

The development approval process will follow the same method referenced in Article V.

(Ord. No. TA-01-2018, § 1, 2-20-2018)

The cluster development option established in this article is available for new subdivisions in all zoning districts, and new phases of existing subdivisions.

Cluster developments shall not authorize higher density than what would normally be allowed in the underlying zoning district.

(Ord. No. TA-01-2018, § 2, 2-20-2018)

Editor's note— Ord. No. TA-01-2018, adopted Feb. 20, 2018, renumbered the former §§ 2—10 as §§ 3—11 and enacted a new § 2 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The zoning standards listed below which would normally apply to development may be modified through the cluster development process.

A.

Lot area.

B.

Lot width.

C.

Public street frontage.

D.

Setback and yards.

(Ord. No. TA-01-2018, § 3, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Unless otherwise expressly stated cluster developments are subject to the same infrastructure and public improvement requirements (e.g., streets, water and sewer infrastructure, fire hydrant requirements, etc.) as conventional developments (subdivisions).

(Ord. No. TA-01-2018, § 4, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Because of the special nature of these provisions, it is desirable to manage the size of the area proposed for cluster development. This will ensure the appropriateness of the land use relationships with adjoining property while providing the needed flexibility that is essential to the success of these provisions.

In the event an owner of a large tract of land desires to have more than one (1) cluster development (project) within the perimeter boundary of the larger tract, each project or phase must comply with this Ordinance.

The project area that may be considered under these provisions is listed below.

Development may be accomplished through a single application for the entire allowable acreage or through a series of smaller areas.

(Ord. No. TA-01-2018, § 5, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

In order to ensure that each project constructed under this Ordinance provides for adequate open space, both common open spaces for the enjoyment of the residents as well as adequate private open space for each home will comply with the following minimum standards.

A.

The minimum common open space to be provided for each project or phase exclusive of street rights-of-way is to be ten percent (10%) of the project or phase area.

B.

Required open space must be directly accessible to residents of the project or phase.

C.

Street rights-of-way and waste water disposal fields may not be counted toward satisfying the minimum common open space requirements.

D.

Ponds or lakes may comprise up to five percent (5%) of the required ten percent (10%) common open space area.

E.

No more than fifty percent (50%) of the required minimum open space may consist of FEMA-regulated floodplain area.

F.

Common open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one (1) of the following:

a.

A permanent conservation easement.

b.

An open space tract protection by a restrictive covenant for conservation purposes.

c.

An equivalent legal tool that provides permanent legal protection as approved by the county attorney.

G.

Each lot must contain at a minimum fifty percent (50%) of open space exclusive of all roof areas. Decks, trellises and patios may occur within this area, however, nothing under this Ordinance is to modify the normal building standards required by the North Carolina state building code.

(Ord. No. TA-01-2018, § 6, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Each lot shall provide a minimum of two (2) off-street parking spaces. These may be covered or uncovered, stacked, or side by side.

(Ord. No. TA-01-2018, § 7, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Each project, prior to final approval, must submit a preliminary description of the organization of the Homeowners' Association as well as restrictive covenants which apply to the community. These shall address the maintenance and responsibility for both public and private open spaces as well as maintenance requirements for patio exterior walls.

(Ord. No. TA-01-2018, § 8, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Clustering of development is allowed in all Watershed Areas (except WS-I) under the following conditions:

A.

Minimum Lot Sizes and Numbers of Lots. Minimum lot sizes are not applicable to single family cluster development projects except as described under the regulations for the applicable zoning district, as modified elsewhere in Article VIII, Cluster Developments, however, the total number of lots shall not exceed the number of lots which would be allowed for a single family detached development on the same site.

B.

Built-Upon Areas. Built-upon areas shall not exceed that allowed for the critical area or balance of the watershed, whichever applies. All built-upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

C.

Areas Other Than Built Upon Areas. The remainder of the tract (not built-upon) shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to any incorporated homeowners association for management, to a local government for preservation as a park or open space, or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

(Ord. No. TA-01-2018, § 9, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

Applications for cluster subdivisions shall follow all standards and procedures for a "Major Subdivision" as detained in Section 34-79 of the Montgomery County Subdivision Ordinance.

(Ord. No. TA-01-2018, § 10, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.

All development regulated in accordance with this article shall be subject to the requirements, conditions, and restrictions of the Montgomery County Subdivision Ordinance. Standards of review and approval shall follow all standard subdivision procedure.

Development approval must be provided in writing to the applicant and property owner. This in-writing approval may be provided in print or electronic form. If electronic form is used, then it must be protected from further editing.

If the Planning Board disapproves an application for an innovative development, the grounds for the disapproval will be stated in the records of the Planning Board. Any appeal from the decision of the Planning Board may be taken to the Board of Adjustment.

(Ord. No. TA-01-2018, § 11, 2-20-2018)

Editor's note— See editor's note to § 2 of this article.