CLUSTERED RESIDENTIAL DISTRICT[9]
Editor's note— Ord. No. 1778, § 2, adopted Sept. 8, 2008, repealed the former Art. IX, §§ 129-131—129-134, and enacted a new Art. IX as set out herein. The former Art. IX pertained to Clustered Residential District and derived from Ord. No. 1224, 2-26-96.
The uses permitted in Clustered Residential Districts shall be as follows:
(a)
Single-family dwellings;
(b)
Accessory structures; accessory buildings, such as private garages, customarily incidental to residential occupancy; provided, that no accessory buildings may be used as a dwelling or a residence or occupied by any person, either on a long-term or temporary basis;
(c)
Gardens and greenhouses customarily incidental to residential occupancy; provided, that the products grown there may not be sold on the premises;
(d)
Recreation areas, which may include a golf courses, playgrounds, swimming pools, tennis courts and other similar recreational uses; provided, that no such area or use may be operated for profit, or may be operated in a manner which produces noise, glare, odor, smoke, fumes, or any safety hazard which may be detrimental or annoying to the neighborhood;
(e)
Gate houses.
(Ord. No. 1778, 2(19-9-1), 9-8-2008; Ord. No. 1972, § 1, 2-27-2017)
(a)
Requirements for development.
(1)
Minimum total site area, for any new development .....Six acres
(2)
A parcel containing fewer than six acres may be used for a Clustered Residential District if it is adjacent to an existing clustered residential development located in a Clustered Residential District and if the development of such parcel conforms to, and extends, the original development just as if such parcel had been part of the original development. .....
(b)
Minimum yards and building setbacks. .....
(1)
Minimum setback of a building from any boundary line of the Clustered Residential District .....100 feet
(c)
Building limitations. .....
(1)
Minimum building width .....24 feet
(2)
Maximum building height .....35 feet
(3)
Maximum number of stories .....Two
(4)
Maximum allowable density, per 15,000 square feet of net area of the parcel .....One
dwelling unit
(5)
Maximum number of dwelling units in any cluster .....12
(6)
Maximum number of dwelling units permitted in any building in any cluster .....5, provided that 5 units shall be permitted in only one building in any cluster.
(d)
Building separation. .....
(1)
Minimum distance between the nearest buildings in any adjacent clusters .....200 feet
(Ord. No. 1778, 2(19-9-2), 9-8-2008)
Reasonable access shall be provided from all lots in a clustered residential development to a public street. All streets, driveways, parking areas and related improvements within a clustered residential development shall be privately owned and shall not become public streets or improvements to be maintained by the city. Convenient offstreet parking shall be provided for all dwelling units. All parking spaces and such attendant driveways and other areas as may be necessary for the maneuvering of motor vehicles shall be arranged so as to provide convenient access to and from a paved street or alley, parking spaces, driveways and maneuvering areas shall be paved with asphalt or concrete. All sidewalks shall be paved with concrete. All driveways, parking areas, sidewalks and steps shall be properly maintained and adequately lighted.
(Ord. No. 1778, 2(19-9-3), 9-8-2008)
(a)
Utilities. All utility lines within a clustered residential development shall be placed underground.
(b)
Fire protection. No portion of any building shall be located farther from a fire hydrant than may be reached with 500 feet of hose.
(c)
Separate ownership of dwellings. Each dwelling unit within a clustered residential development shall be situated upon a separate lot.
(d)
Title to property. All common areas located within a development in a Clustered Residential District, such as streets, parks, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements located within developments in Clustered Residential Districts shall be privately owned, and title thereto may be held by a trustee for the benefit of the residents of such development, by a private corporation, by an association of the residents thereof or as undivided interests owned by the owners of the lots within such development. Such trustee, corporation, association or owners (jointly and severally) shall be responsible for the proper care and maintenance of such streets and other property and improvements. All streets shall remain private and shall not become public streets to be maintained by the city.
(e)
Liability to maintain property. The private streets and any other improvements located in the common areas shall be constructed and maintained in accordance with the same standards as are required by the city for public improvements of like or similar kind, or if there are no such standards, such private streets and other improvements shall be maintained in a good and serviceable condition.
(f)
Documentation of maintenance of streets. Prior to final approval of a subdivision for a clustered residential development, the developer shall submit to the city clerk appropriate legal documents which provide for adequate maintenance of private streets, parks, recreational facilities, planted areas and other improvements located in the common areas within the development.
(g)
Development plans and standards in general. All plans and specifications relating to a development in a clustered residential district shall conform to all applicable regulations of the city, including, without limitation, subdivision regulations, subject only to such exceptions as shall be permitted by the planning commission, in accordance with the provisions of the city's subdivision regulations.
(Ord. No. 1778, 2(19-9-4), 9-8-2008)
CLUSTERED RESIDENTIAL DISTRICT[9]
Editor's note— Ord. No. 1778, § 2, adopted Sept. 8, 2008, repealed the former Art. IX, §§ 129-131—129-134, and enacted a new Art. IX as set out herein. The former Art. IX pertained to Clustered Residential District and derived from Ord. No. 1224, 2-26-96.
The uses permitted in Clustered Residential Districts shall be as follows:
(a)
Single-family dwellings;
(b)
Accessory structures; accessory buildings, such as private garages, customarily incidental to residential occupancy; provided, that no accessory buildings may be used as a dwelling or a residence or occupied by any person, either on a long-term or temporary basis;
(c)
Gardens and greenhouses customarily incidental to residential occupancy; provided, that the products grown there may not be sold on the premises;
(d)
Recreation areas, which may include a golf courses, playgrounds, swimming pools, tennis courts and other similar recreational uses; provided, that no such area or use may be operated for profit, or may be operated in a manner which produces noise, glare, odor, smoke, fumes, or any safety hazard which may be detrimental or annoying to the neighborhood;
(e)
Gate houses.
(Ord. No. 1778, 2(19-9-1), 9-8-2008; Ord. No. 1972, § 1, 2-27-2017)
(a)
Requirements for development.
(1)
Minimum total site area, for any new development .....Six acres
(2)
A parcel containing fewer than six acres may be used for a Clustered Residential District if it is adjacent to an existing clustered residential development located in a Clustered Residential District and if the development of such parcel conforms to, and extends, the original development just as if such parcel had been part of the original development. .....
(b)
Minimum yards and building setbacks. .....
(1)
Minimum setback of a building from any boundary line of the Clustered Residential District .....100 feet
(c)
Building limitations. .....
(1)
Minimum building width .....24 feet
(2)
Maximum building height .....35 feet
(3)
Maximum number of stories .....Two
(4)
Maximum allowable density, per 15,000 square feet of net area of the parcel .....One
dwelling unit
(5)
Maximum number of dwelling units in any cluster .....12
(6)
Maximum number of dwelling units permitted in any building in any cluster .....5, provided that 5 units shall be permitted in only one building in any cluster.
(d)
Building separation. .....
(1)
Minimum distance between the nearest buildings in any adjacent clusters .....200 feet
(Ord. No. 1778, 2(19-9-2), 9-8-2008)
Reasonable access shall be provided from all lots in a clustered residential development to a public street. All streets, driveways, parking areas and related improvements within a clustered residential development shall be privately owned and shall not become public streets or improvements to be maintained by the city. Convenient offstreet parking shall be provided for all dwelling units. All parking spaces and such attendant driveways and other areas as may be necessary for the maneuvering of motor vehicles shall be arranged so as to provide convenient access to and from a paved street or alley, parking spaces, driveways and maneuvering areas shall be paved with asphalt or concrete. All sidewalks shall be paved with concrete. All driveways, parking areas, sidewalks and steps shall be properly maintained and adequately lighted.
(Ord. No. 1778, 2(19-9-3), 9-8-2008)
(a)
Utilities. All utility lines within a clustered residential development shall be placed underground.
(b)
Fire protection. No portion of any building shall be located farther from a fire hydrant than may be reached with 500 feet of hose.
(c)
Separate ownership of dwellings. Each dwelling unit within a clustered residential development shall be situated upon a separate lot.
(d)
Title to property. All common areas located within a development in a Clustered Residential District, such as streets, parks, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements located within developments in Clustered Residential Districts shall be privately owned, and title thereto may be held by a trustee for the benefit of the residents of such development, by a private corporation, by an association of the residents thereof or as undivided interests owned by the owners of the lots within such development. Such trustee, corporation, association or owners (jointly and severally) shall be responsible for the proper care and maintenance of such streets and other property and improvements. All streets shall remain private and shall not become public streets to be maintained by the city.
(e)
Liability to maintain property. The private streets and any other improvements located in the common areas shall be constructed and maintained in accordance with the same standards as are required by the city for public improvements of like or similar kind, or if there are no such standards, such private streets and other improvements shall be maintained in a good and serviceable condition.
(f)
Documentation of maintenance of streets. Prior to final approval of a subdivision for a clustered residential development, the developer shall submit to the city clerk appropriate legal documents which provide for adequate maintenance of private streets, parks, recreational facilities, planted areas and other improvements located in the common areas within the development.
(g)
Development plans and standards in general. All plans and specifications relating to a development in a clustered residential district shall conform to all applicable regulations of the city, including, without limitation, subdivision regulations, subject only to such exceptions as shall be permitted by the planning commission, in accordance with the provisions of the city's subdivision regulations.
(Ord. No. 1778, 2(19-9-4), 9-8-2008)