To provide for the clustering of residential units or lots; to permit flexibility in the location, arrangement and size of residential lots; to provide for the permanent reservation of open space in residential developments and to reduce the cost of public and private investment in utility installations and streets without altering the density of population for the net tract area, the following standards for cluster developments are established.

(Prior code § 150-220)

A.

A cluster development on a tract of land of three (3) acres or more shall require a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with chapter 17.180.

B.

A cluster development on a tract of land of less than three acres shall require a comprehensive site plan, drawn to scale, and reviewed and approved by the planning commission, which shall indicate the proposed development of the site in its entirety, including development areas, landscaping, lighting, parking and open space and other such information the Commission may require.

C.

In addition to the elements of either a comprehensive development plan or a comprehensive site plan required by this chapter, the site plan and elements of a cluster development, as a minimum, shall contain the following information:

1.

The site plan shall show the proposed locations of buildings and dimensions of proposed lots, building envelopes or areas; accessory buildings proposed to be located within a front yard; open spaces and natural features on the entire site; the area of each lot and building envelope; and the overall density of development proposed on the site.

2.

A copy of all proposed deed restrictions, covenants, bylaws, or other legal instruments designed to provide for continuing maintenance and control of common open space areas, parking, stormwater management and utility easement areas, including any proposed homeowners' association agreement or bylaws.

3.

The architectural design of buildings shall be shown by front elevations or architectural renderings. Where a variety of designs are proposed, each design shall be shown.

D.

All plans for a cluster development shall be submitted on sheets of twenty-four (24) by thirty-six (36) inches to the planning director for distribution to appropriate departments.

(Prior code § 150-221)

A.

Minimum Tract Area. The minimum area for a cluster development shall be one-half acre, with a minimum frontage of sixty (60) feet on a public street.

B.

Density. The total number of lots or units allowed on a tract of land for the cluster development shall be the same as for the type of lots or units permitted for the district in which the cluster development is located, provided that:

1.

The development adheres to the total land area for the sum of individual lots or units required in each district;

2.

Land area resulting from the reduction of lot size shall be provided and maintained as common and developed open space area for the benefit of residents of the development.

C.

Perimeter Setbacks. The minimum setbacks for the entire tract of the cluster development shall be:

1.

Fifteen (15) feet from each side and rear property line, provided that side and rear perimeter setbacks shall not be included as a part of a lot;

2.

The front setback as required for the zoning district.

D.

Minimum lot area and width, yards and setbacks for cluster developments shall be:

1.

Lot Area. The minimum lot area shall be three thousand (3,000) square feet.

2.

Lot Width. The minimum lot width shall be twenty (20) feet at the front yard setback line.

3.

Front Yard. The minimum depth of the front yard of any lot shall be twenty (20) feet from the right-of-way line of the street; twenty (20) feet from both streets for corner lots.

4.

Side Yard.

a.

Single-family dwellings and townhouses shall be as set forth in this chapter for the district in which the cluster development is located.

b.

Patio and semidetached dwellings shall be as set forth in Chapters 17.200 and 17.208.

5.

Rear Yard. The minimum depth of the rear yard shall be thirty (30) feet.

6.

Rear and Side Yard Alternatives. The minimum depth of side and rear yards may be five feet for side yards and fifteen (15) feet for rear yards, provided that the aggregate depth of the side yard and adjoining open space is ten feet and the aggregate depth of the rear yard and adjoining open space is thirty (30) feet, as measured across the entire side or rear of the lot.

7.

Setback for Accessory Buildings.

a.

Accessory buildings may be situated within a front yard after consideration by the planning commission of the architectural character and style of the buildings, design of the project and visibility to motorists and pedestrians, with particular attention to adverse effects, if any, on adjoining properties at the perimeter of the cluster development.

b.

Setbacks from property lines for accessory buildings shall comply with requirements of the district in which the cluster development is located.

E.

Open Space.

1.

A minimum of thirty-five (35) percent of the net tract area shall be retained as common open space area for use by all occupants of the cluster development. For purposes of computing common open space area, net tract area shall be used.

2.

The common and developed open space area shall be planned as an integral part of the development providing access to and benefits for all residents of the development.

3.

The planning commission may recommend that all or part of stream branches, marshlands, bodies of water and slopes exceeding fifteen (15) percent may be included as common open space. In making this determination, the Commission shall be guided by the following factors:

a.

The extent of these areas in relation to the area of the cluster development;

b.

The degree to which these areas contribute to the quality, livability and amenity of the cluster development.

4.

A maximum of twenty-five (25) percent of the common open space may be within floodplains or covered by water; provided that the applicant holds legal title to said water bodies.

5.

When an approved site plan provides for common use buildings, accessways, parking areas, landscaped areas, recreation facilities, structures or other improvements in the open space areas, the provision, ownership and maintenance of all such areas or facilities shall be in accordance with Section 17.04.240.

F.

Parking. Two off-street parking spaces shall be provided for each dwelling unit.

G.

Street Frontage. Each lot or building shall abut or front on a public street, except as the planning commission may determine otherwise, after considering the overall plan and special circumstances related to the project.

H.

Landscaping.

1.

A landscaping plan is required which shall show the location of natural features on the site such as existing trees, groves, waterways, stormwater management areas, scenic views, historic sites or buildings and other community assets and proposed areas and species of supplemental plantings.

2.

In addition to landscaping or screening required by the standards for the type of development proposed, the planning commission may require additional landscaping where necessary.

3.

Where there are no standards or where standards do not address specific landscaping required, the planning commission may require landscaping where necessary.

I.

Building Distance From Accessways.

1.

No ground level entranceway to any townhouse, apartment unit or apartment building shall be farther than eighty (80) feet from a parking lot.

2.

No part of any townhouse or apartment unit shall be any farther than five hundred (500) feet from a fire hydrant.

J.

Applicability of Other Regulations. In regulating cluster developments, the provisions of this chapter shall first apply; but when a matter is not specifically regulated by this title, then the provisions of this chapter for the district in which the cluster development is located shall apply.

K.

Alternative Development Standards. In those cluster developments where fee-simple lots are not proposed, the development standards of this chapter may be modified only to the following extent:

1.

Perimeter Setbacks. Principal buildings shall be located no closer than thirty (30) feet to an adjoining property line.

2.

Minimum Distance Between Buildings.

a.

One- and two-family: twenty (20) feet;

b.

Apartment and townhouse: thirty (30) feet.

3.

Parking.

a.

Parking shall be in accordance with the provisions of chapter 17.196.

b.

Parking areas shall be designed and arranged to prevent through traffic.

4.

Other provisions. All other provisions of this title shall apply.

(Prior code § 150-222)

The planning commission, in reviewing and approving all site plans, shall consider the following:

A.

The desirability of the proposed cluster development to provide an alternative to traditional zoning, permitting smaller lots with the remainder of the land used for common open space in order to provide recreation for the residents or to preserve natural features on the site;

B.

The location of open space and buildings and the configuration of lots with respect to residents of the development and the surrounding area;

C.

The usability of open space for scenic, preservation and recreational purposes shall be judged in terms of size, shape, location and topography of the open space.

1.

Space designed for recreation should be easily accessible to residents.

2.

Space designed for a scenic purpose should be visible from a significant number of buildings or a significant length of street rights-of-way.

3.

Space designed for preserving natural areas should be designed to include irreplaceable natural features located in the tract such as but not limited to stream beds, significant stands of trees, marshlands or river banks.

D.

Buildings and lots should be arranged and situated to minimize alteration of the natural terrain; to avoid adverse effects of shadows, noise and traffic on the occupants of the buildings and surrounding properties; to improve the view from the buildings; to lessen the land area devoted to vehicular access; and to provide diversity in design.

(Prior code § 150-223)

Following approval of the cluster development by the planning commission:

A.

A subdivision plat corresponding to the approved site plan shall be filed and processed in accordance with procedures set forth in the subdivision regulations, Title 16.

B.

A copy of all covenants, deed restrictions and bylaws as required by Section 17.04.240, shall accompany the preliminary plat.

C.

A landscaping plan showing areas to be landscaped or maintained as natural areas with all sizes and species in accordance with the provisions of chapter 17.220, shall accompany the plat for approval by the planning commission.

D.

The final subdivision plat, in addition to the information required by the subdivision regulations, Title 16, shall show building envelopes, dimensions of yards and the size and location of accessory buildings to be situated within any front yard.

(Prior code § 150-224)