(A)   The purpose of residential cluster development is to provide an alternative development option that will:

      (1)   Promote more efficient use of land resources than is otherwise possible under conventional zoning and subdivision regulations;

      (2)   Reduce the per unit site development costs of dwellings by concentrating residential units on a portion of the site without increasing the overall net density above that which would normally be allowed pursuant to §§ 152.195 through 152.196, Table of Area, Yard , and Height Requirements;

      (3)   Preserve the natural character of the site;

      (4)   Preserve farmland and scenic views;

      (5)   Provide for desirable and usable open space , tree cover, and the preservation of environmentally sensitive areas; and

      (6)   Provide variety in residential buildings and properties and provide design flexibility that can relate the location of units to unique site conditions.

   (B)   For the purposes of this section, a RESIDENTIAL CLUSTER DEVELOPMENT is defined as:

      (1)   A development design wherein conventional zoning standards are relaxed to permit modifications in lot area , lot width , lot frontage , lot coverage , required yards , and public street access, and to save infrastructure development cost, environmental damage, energy use and land resources by concentrating dwellings in specific areas of the site without increasing the net density above that which would normally be allowed pursuant to §§ 152.195 through 152.196, Table of Area, Yard , and Height Requirements;

      (2)   Such development shall contain detached single-familydwellings only; and

      (3)   Such development shall provide a program for the provision, operation and maintenance of such areas, facilities and improvements as shall be required for the perpetual common use by the occupants of the development .

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O1, passed 5-10-2021)

   (A)   Residential cluster developments shall contain not less than five net acres. For purposes of this section “net acres” shall be the total area of all lots and common area(s) exclusive of public streetrights-of-way or private streeteasements . Addition to any existing residential cluster development may be allowed provided such addition meets or exceeds all other applicable requirements.

   (B)   Subject to division (A) of this section, a residential cluster development may as an option be allowed within any residential zoning district. Such development shall be exempt from the conventional zoning standards relative to lot area , lot width , lot frontage , lot coverage , required yards and public street access normally applicable to such districts, provided such development complies with the minimum standards set forth under this section.

   (C)   Dwelling units within a residential cluster development may be constructed on lots fronting private streets .

   (D)   A residential cluster development shall provide open space (s) subject to all the following requirements:

      (1)   Such open space shall be greater or equal in area to the total amount of area by which each lot was reduced below the minimum lot size requirement of the prevailing zoning district, or as provided under division (D)(2) of this section, whichever is greater;

      (2)   Residential cluster developments shall reserve not less than 15% of the gross acreage as common open space ;

      (3)   Such area shall not be used as a building site . For purposes of this section, picnic areas or shelters, ball fields, walking or jogging trails, boat ramps and docks or other similar recreational facilities may be allowed;

      (4)   Such area shall not be devoted to any public streetright-of-way or private streeteasement , private driveway or parking area ;

      (5)   Such area shall be left in its natural or undisturbed state if wooded at the time of development , except for the cutting of trails for walking or jogging or, if not wooded at the time of development , is improved for the uses listed under division (D)(3) of this section, or is properly vegetated and landscaped with the objectives of creating a wooded area or other area that is consistent with the objective set forth in division (D)(6) of this section;

      (6)   Such area shall be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation or for horticulture if not devoted to other allowable uses in this division;

      (7)   Such area shall be legally and practically accessible to the residents of the development , or to the public if so dedicated;

      (8)   A minimum of one-half of the required open space shall be contained in one continuous undivided part;

      (9)   Areas designated by the federal government as 404 wetlands or by the state government as isolated wetlands shall not be used to meet the open-space requirements of the ordinance unless those wetlands are protected through deed restrictions or conservation easements that prohibit all filling, alterations, or development in the wetlands or by donating or selling the wetlands to the town or to a legally incorporated non-profit group or wetlands bank that agrees not to fill, alter or develop them. State-designated coastal wetlands or the 30-foot buffer required by the Coastal Area Management Act cannot be used to meet the open-space requirements of the ordinance;

      (10)   Not more than 25% of the required open space may be devoted to allowable improvements as set forth in division (D)(3) of this section;

      (11)   Such area shall be perpetually owned and maintained for the purposes of this article by a homeowners association or, at the option of the town, dedicated or deeded to the public.

      (12)   The location and arrangement of any open space(s) shall be subject to Planning Board approval during the preliminary plat review;

      (13)   The owner shall, pursuant to the subdivision regulations, cause a final subdivision plat to be recorded in the Onslow County Register of Deeds which clearly describes the open space(s) and conditions thereof, prior to the issuance of any building permit(s).

      (14)   These requirements are in addition to those found under § 152.367.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O1, passed 5-10-2021)

   (A)   Residential density shall not exceed that which would normally be permitted under single-family standards within the prevailing zoning district on a net area basis.

   (B)   Public streetrights-of-way and private streeteasements shall not be included or count towards the total net area for purposes of calculating allowable density.

   (C)   Area dedicated or deeded to the town pursuant to the sections above shall count towards net area for purposes of density calculation.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O1, passed 5-10-2021)

      (1)   Shall be subject to § 152.229 (zero lot line ) or not less than 12 feet, provided however, that no structure shall be located on more than one side lot line .

      (2)   Dwellings which do not utilize the provisions of § 152.229 (zero lot line ) and are not located adjacent to a lot line section subject to § 152.229 shall maintain a minimum side setback of not less than six feet.

      (1)   Where a residential cluster development adjoins or borders an existing single-family zoning district or other predominantly single-familydevelopment sharing common frontage on the same or opposite side of a public or private street , the minimum right-of-way and/or easementsetback requirement of said single-family zone or development shall be utilized for the entire opposite frontage and 300 feet from such common border.

      (2)   For purposes of this division, “other predominantly single-familydevelopment ” shall be that area within 100 feet of the external boundary of the residential cluster development in which 50% or more of the conforming land uses are detached single-family residential.

      (1)   Shall not be located within any front yardsetback ;

      (2)   Shall not be located within ten feet of any other principal structure or within five feet of any other accessory structure ;

      (3)   Shall not cover more than 20% of any side or rear yard ; and

      (4)   The side or rear yard requirement for detached accessory structures shall be subject to the provisions of § 152.229(zero lot line ) or not less than five feet.

(Ord. 2005-O3, passed 3-15-2005)

   A zero (0) side and/or rear yardsetback as permitted herein, may be permitted, subject to the following provisions:

   (A)   Any wall, constructed on the side or rear lot line shall be a solid doorless and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line , such offset shall be subject to the applicable provisions of § 152.228(E) and (F). Roof eaves may encroach two feet into the adjoining lot ;

   (B)   A five foot maintenance and access easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance;

   (C)   Where zero (0) side or rear yardsetbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivisionplat .

(Ord. 2005-O3, passed 3-15-2005)

   Private streets may be allowed pursuant to the subdivision regulations.

(Ord. 2005-O3, passed 3-15-2005)

   All development regulated in accordance with this article shall be subject to the requirements, conditions, and restrictions of the subdivision regulations.

(Ord. 2005-O3, passed 3-15-2005)