(a)

Purpose of CHD. The purpose of a CHD is to allow creative residential development otherwise precluded by this chapter which has as its purpose a more efficient and functional use of land.

(b)

CHD permit required. When the planning and zoning commission is petitioned by the owner of a tract of land zoned R-2 and comprising an area of not less than two acres, for the purpose of creative residential development of a density not to exceed the maximum allowed in the R-2 residential district, the planning and zoning commission may recommend to the city commission the granting of a permit in accordance with the provisions of this section.

(c)

CHD permit fees. A CHD application shall be accompanied by a permit fee of $75.00. No action by the city commission shall be valid until the permit fee has been paid. This fee shall not be refunded should the CHD plan be disapproved by the city commission.

(d)

Permit procedure for CHD. The regulations prescribed herein shall regulate the procedure for making application for a permit for a cluster housing development. The submittal of the preliminary CHD plan, the staff review and comments, the recommendations by the planning and zoning commission on the preliminary plan, the public hearing, the action by the city commission on the preliminary development plan, the submittal of the final development plan, the staff investigation and technical report, the recommendation by the planning and zoning commission on the final development plan, the public hearing, and the action by the city commission on the development plan. Approval of the preliminary development plan may be considered as approval of the final development plan if no changes are required by the planning commission and the city commission and all requirements are included on the development plan.

(e)

Preliminary and final CHD plan. The following requirements and procedures shall be observed in the preparation and filing of the preliminary and final CHD plan:

(1)

Proof of ownership or control. Before a preliminary CHD plan shall be approved for any improvement in an R-2 district, the owner of all the land included in said area, of all structures existing thereon, and all encumbrances of both said land area and structures, hereinafter known as the applicant, shall present sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interests of the land and structures thereon.

(2)

Time for filing and copies required. The applicant shall file 25 blue or black line copies of the CHD plan and the permit fee set forth subsection (c) of this section with the department of planning at least 15 days prior to the date, at which formal application for the preliminary plat approval is made to the planning commission.

(3)

Contents. The preliminary and the final CHD plans shall be certified by the applicants and shall conform to the specifications and requirements set forth in the section 26-2.020 and 26-2.03 of the subdivision regulations ordinance (appendix B to this Code), and contain any other information deemed necessary.

(4)

General requirements.

a.

Yard requirements.

1.

Front yard: None specified. Front yard setback may be required by the planning and zoning commission and city commission to insure conformity with surrounding areas.

2.

Side yard: None required, except for on corner lots, each of which shall have a side yard of at least ten feet.

3.

Rear yard: None specified. Rear yard setback may be required by the planning and zoning commission and city commission to insure conformity with surrounding areas.

b.

Minimum area requirements.

1.

No site for CHD shall contain less than two acres.

2.

No cluster housing development shall exceed a density allowed in the R-2 residential district.

c.

Maximum building height. Maximum height shall be 2½ stores or 35 feet.

d.

Maximum units per building. The total dwelling units in any groups of attached dwelling shall not exceed six units.

e.

Minimum distance between buildings. The minimum distance between buildings shall be ten feet.

f.

Minimum parking spaces. Off-street parking shall be provided on the basis of two spaces per dwelling unit, both of which may be provided in a common parking area.

(f)

Preliminary and final CHD plan review. Each CHD plan shall be submitted to the department of planning and shall be reviewed in accordance with the procedure set forth in section 26-2.03 E of the subdivision regulation ordinance (appendix B to this Code).

(g)

CHD plan recording. Upon approval of the final CHD plan by the city commission, the applicant shall record one of the approved final plans with the department of planning.

(h)

Effects of recording CHD plan. All final CHD plans registered and recorded hereunder shall be binding upon the applicant and his heirs, successors and assigns, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, location, use, and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.

(i)

Amendments and appeals. All applicants for a CHD and site plan which are disapproved may file with the reviewing agents who disapproved the plan an amendment to such plan or an amended plan, which amendment or amended plan shall be limited exclusively to changes made necessary to accomplish compliance, with the grounds for disapproval stated by the reviewing agent. Such amendment or amended plan shall be reviewed in accordance with the same time limits and procedures as provided herein for original submission.

(j)

Coordination with subdivision regulations. It is the intent of this section that the subdivision ordinance (appendix B to this Code) is carried out simultaneously with the review of a cluster housing development under other pertinent sections of the subdivision ordinance (appendix B to this Code).

(1)

The plans required under this section must be submitted in a form which will satisfy the requirements of the subdivision ordinance (appendix B to this Code) for the preliminary and final plans required under those regulations.

(2)

Both this section and other sections of the subdivision ordinance (appendix B to this Code) contain regulations which apply to such matters in the design of a cluster housing development as streets and open spaces. In any cluster housing development for which the provisions of two ordinances are in conflict, the most stringent shall prevail.

(Ord. No. 2018-02, § II, 2-6-2018)