Vermilion City Zoning Code
CHAPTER 1278
Cluster Subdivisions
1278.01 INTENT.
In permitting cluster subdivisions, it is the intention of the City to make reasonable provisions through which, during the subdivision of land, natural elements of the landscape and population density within districts may be maintained, development costs may be lessened and physical living conditions within the City improved. The provisions of this chapter are set forth to provide extra amenities for the City and not as an automatic reduction of lot size requirements.
(Ord. 66-103. Passed 12-19-66.)
1278.02 LOCATION.
A cluster subdivision may be permitted in R-1, R-2, R-3, R-4, R-4a, R-5 and R-6 Districts, if the following conditions are met. (Ord. 2012-39. Passed 7-23-12.)
1278.03 MINIMUM DWELLING UNITS AND HOUSING TYPES.
The cluster subdivision development shall contain a minimum of twenty dwelling units. The cluster subdivision development shall contain only those housing types as permitted in the zoning districts in which these cluster subdivision regulations apply. (Ord. 71-77. Passed 11-15-71.)
1278.04 GROSS RESIDENTIAL DENSITY.
The gross residential density (families per acre) shall not be greater than if the tract were developed with minimum lot sizes as specified in this Zoning Code for the appropriate type of residential use within the district.
To compute the gross residential density of a given subdivision, the total number of acres suitable for building is divided into the total number of dwelling units proposed, the answer being in dwelling units or families per acre. Areas not suitable for building, such as lakes, ponds, streams, swamps, hazardous topography or soils and land which are not available to the owner for development because of easements, shall not be considered as part of the gross acreage in computing the maximum number of dwelling units that may be created under this procedure, unless otherwise determined by the City Planning Commission and Council.
(Ord. 66-103. Passed 12-19-66.)
1278.05 ACCESS TO COMMON LAND.
A minimum of sixty percent of the total number of dwelling units in the subdivision shall have direct access to common land as open space or for recreational use and all other lots shall have public access and be in close proximity to common land. (Ord. 66-103. Passed 12-19-6B.)
1278.06 TENURE AND MAINTENANCE OF COMMON LAND.
The location, shape, size, intended use and legal responsibility for the tenure and maintenance of common land must be approved by the Planning Commission and Council and meet the following requirements:
(a) Land dedicated to the City shall be not less than ten acres in area.
(b) The common land shall be publicly dedicated to the City or to a property ownership corporation or shall be reserved by deed for use in common by the residents of the subdivision, each property owner receiving an undivided proportionate share in such common land.
(Ord. 66-103. Passed 12-19-66.)
1278.07 REDUCTIONS IN DIMENSIONAL REQUIREMENTS.
Reductions in lot width, area and yard requirements must be approved by the Planning Commission and Council and shall not exceed twenty percent of the district requirements. (Ord. 66-103. Passed 12-19-66.)
1278.08 DEVELOPMENT DESIGN.
The proposed development shall be designed to produce an environment of stable and desirable character and shall be approved as provided for in the City Charter. (Ord. 66-103. Passed 12-19-66.)
1278.09 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
(a) Application Information. A person desiring to create a cluster subdivision shall apply to the Administrative Officer for a building permit and a certificate of occupancy for such subdivision. The application shall be accompanied by a map or plat of the proposed cluster subdivision showing:
(1) The dimensions and location of all existing and proposed buildings, driveways, off-street parking areas, topography, abutting streets and highways and other features within 200 feet of the property lines of the parcel.
(2) Architectural plans for all proposed buildings, walls and fences.
(3) Plans or reports showing the proposed collection treatment and disposal of sewage produced on the area of the cluster subdivision.
(4) Additional data which may be required by the Planning Commission and Council to judge the subdivision and its effect upon the surrounding area and the City.
(b) Findings of Planning Commission. The Administrative Officer shall convey such plans and reports presented by the applicant to the City Planning Commission, which shall make a study thereof and present its findings thereon to Council.
(c) Decision of Council. Upon receipt of the findings of the Commission, Council shall study the same and, if concurring therewith, shall direct the Administrative Officer to issue the building permit and the certificate of occupancy to the applicant. Such certificate of occupancy may contain conditions attached thereto by Council as it deems necessary in the best interest of the City and such certificate shall be revoked if such conditions are not followed.
(Ord. 66-103. Passed 12-19-66.)
1278.10 EFFECT OF CHAPTER ON CHARTER.
Nothing in this chapter shall abrogate or annul the provisions of the City Charter.
(Ord. 66-103. Passed 12-19-66.)