Cluster subdivisions are intended to allow flexibility in the neighborhood and subdivision lot design by permitting the development of single-family and two-family dwellings on lots smaller than normally required for the zone in which the subdivision is located and by dedicating or reserving the land so saved to needed open space. It is not intended that this type of subdivision be universally applied but only where circumstances or natural features and land use make it appropriate and of special benefit to the residents of the subdivision and surrounding area. The consolidated lot resulting from the reduction of lot sizes shall be usable land, not swamp land or steep slope.

(1985 Code § 19-9-1)

A.

Permitted Zones: A cluster subdivision shall be a permitted use in all agricultural and residential zones and not withstanding any other provisions of this title, the provisions as hereinafter set forth shall be applicable if any conflict exists; provided, however, that no such cluster subdivision shall contain less than twenty-five (25) dwellings.

B.

Reduction in Lot Area: Where land is proposed for subdivision into lots and a subdivider dedicates or permanently reserves land within the subdivision for recreational use or open space, a reduction in the minimum lot area required for the zone in which the cluster subdivision is located may be approved by the planning commission, provided the provisions of this chapter are met; and further provided, that the cluster subdivision receives subdivision approval.

(1985 Code § 19-9-2; amd. 2001 Code)

A.

Area: The minimum lot area for dwellings may be reduced below the area normally required in the zone in which the cluster subdivision is located, but no lot shall have an area less than two-thirds (2/3) of the minimum lot area required for such dwelling in the respective zone.

B.

Width; Side Yard: The minimum lot width and side yard may be reduced below the width and side yard normally required in the zone in which the cluster subdivision is located, but no lot shall have a width or side yard of less than three-fourths (3/4) of the minimum lot width or side yard required in the respective zone.

C.

Yard Use; Height: Yard use and height regulations shall be the same as for the zone in which the cluster subdivision is located.

(1985 Code § 19-9-3)

A.

Required: There shall be permanently reserved within the subdivision for recreation and/or open space, parcels of land whose total area is not less than the amount by which the areas of the residential lots are reduced below the minimum area normally required in the zone in which the cluster subdivision is located.

B.

Preservation and Maintenance: Recreation and/or open space areas to be permanently reserved shall be improved, landscaped and maintained in accordance with a plan approved by the planning commission and the subdivision provisions of the subdivision ordinance, chapter 21 of this title.

(1985 Code §§ 19-9-4, 19-9-5; amd. 2001 Code)

A preliminary plan of the cluster subdivision showing the areas within the subdivision to be permanently reserved for recreation and/or open space, and plans showing the proposed use, improvements and method of maintenance of such areas shall be approved by the planning commission before the cluster subdivision proposal becomes a permitted use in the zone in which it is proposed.

(1985 Code § 19-9-6)