It is the intent of these regulations to encourage variety and flexibility in land development and land use for residential and commercial areas, subject to the purpose of zoning and the conditions and safeguards which will promote the land development plan; to provide a harmonious relationship with surrounding development, minimizing the influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on existing and planned public facilities, to provide a means of developing areas of physiographic and other physical features to enhance natural beauty and other attributes, and in so doing, to provide for the use of the lands as recreational space for the residents of the developments; to encourage the efficient use of those public facilities required in connection with new residential and commercial development; and to encourage innovative design techniques to utilize the environment as a guide to development such as, but not limited to, zero lot lines, party walls, site location with regard to energy conservation, and other concepts. The cluster development regulations shall only be applied upon determination by the Planning Commission that the proposed development is in harmony with the purpose and intent as stipulated above.

(1985 Code, § 9-136)

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CLUSTER COMMERCIAL DEVELOPMENT. A concentration of commercial buildings, or units thereof, constructed on individual lots. Individual lots shall be located within an overall tract of land held in common ownership by individual property owners. Land held in common ownership. shall be reserved for common open space.

   CLUSTER COMMERCIAL UNIT. A building or unit of a building on its own lot, located within a cluster commercial development.

   CLUSTER HOUSE. A single-family dwelling unit, either attached or detached, on its own lot located within a cluster housing development.

   CLUSTER HOUSING DEVELOPMENT. A concentration of single-family dwelling units constructed on individual lots. Individual lots shall be located within an overall tract of land held in common ownership by individual property owners and reserved for common open space.

(1985 Code, § 9-137)

   (A)   Cluster developments shall provide for individual lots of no minimum size upon which is permitted one (1) dwelling unit in a single structure. Up to four (4) units may be attached (Party wall, see diagram, Appendix A.). Mobile homes are excluded from consideration as a cluster development.

   (B)   The diagram in the Appendix is illustrative of the dwelling unit attached and detached concepts of cluster developments.

   (C)   Cluster developments shall be permitted in the following zone districts: R-2, R-3, C-1.

   (D)   Cluster developments shall contain a minimum of two (2) acres.

(1985 Code, § 9-138)

   Enforcement, see § 158.172

   (A)   The maximum overall density for a residential cluster development shall be in terms of the number of dwelling units per gross acre of land within the development, as provided in the table on the following page.

   (B)   The minimum total recreation area ( that part of the living space which is any large contiguous area for recreation purposes) shall be provided in residential cluster developments at no less than a minimum ratio of recreation space area per total floor area, as provided in the table below.

   (C)   If a cluster development embraces one (1) or more zone districts requiring different maximum permitted overall densities and recreation area ratios, these values shall be calculated separately for each distinct district and a weighted average (weighing the area in each zone district in proportion to its share of the total area of the development in the district) of each of these values shall be applied to the development.

 

 

(1985 Code, § 9-139)

   (A)   Except as required in the following, there shall be no minimum yard size within cluster developments.

   (B)   However, the Planning Commission shall have review authority for all yard designations and may require larger or smaller yard sizes based up on the particular site plans submitted for a specific development. A perimeter boundary setback of 20 feet measured from the principal structures to the property line shall be maintained uniformly for the total area within the cluster development.

(1985 Code, § 9-140)

   There shall be no required minimum lot size within cluster developments, however, the Planning Commission shall have review authority for all lot designations and may require larger, smaller, or replatted lot sizes and/or shapes based upon the particular site plans submitted for a specific development

(1985 Code, § 9-141)

   The required accessory off-street parking and loading for cluster developments shall be as stipulated in § 158.052 of this chapter, except that the Planning Commission may waive the requirement for on-site parking to allow for clustering of parking spaces.

(1985 Code, § 9-142)

   Provisions shall be made for the perpetual maintenance of recreation area designated for use by the residents of a cluster development as generated by the ratios in § 158.188 of this chapter. This may be accomplished through a homeowners association established in accord with and chartered by the state under the applicable regulations, or by any other means acceptable to the Planning Commission. The association charter or declaration of incorporation shall be submitted for approval by the Planning Commission and shall be recorded along with the development plat(s) in the Register of Mesne Conveyance Office.

(1985 Code, § 9-143)

   A cluster development shall follow the same rules and procedures for subdivision approval as outlined in the South Congaree Subdivision Chapter.

(1985 Code, § 9-144)

   Subdivisions, see Ch. 151