(A)   Cluster subdivisions are intended to allow flexibility in neighborhood and subdivision lot design by permitting the development of homes on lots smaller than normally required for the zone in which the subdivision is located, and by dedicating or reserving the land so saved to needed open space.

   (B)   It is not intended that this type of subdivision be universally applied, but only where circumstances of natural features and land use make it appropriate, and of special benefit to the residents of the subdivision and surrounding area.

(Prior Code, § 40.02) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

   (A)    A cluster subdivision may be permitted in the A-1, A-2, R-1, R-2, and R-2.5 Zones.

   (B)   Where land is proposed for subdivision into lots and a subdivider dedicates, or permanently reserves, land within the subdivision for recreational use or open space, a reduction in the minimum lot area required for the zone in which the cluster subdivision is located may be approved by the City Council upon recommendation of the Planning Commission.

   (C)   All permitted and conditional uses of the base zone shall still be permitted.

   (D)   A master development agreement shall be adopted to include lot area, width, setbacks, and any other necessary information for the subdivision.

   (E)   Provided, the provisions of this subchapter are met, and further provided that the cluster subdivision receives subdivision approval.

(Prior Code, § 40.04) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

    The minimum lot area for dwellings may be reduced below the area normally required in the zone in which the cluster subdivision is located as follows:

   (A)   No lot may have an area less than 60% of the required lot area; and

   (B)   The density of the base zone shall still apply for the cluster subdivision unless combined with the planned residential unit development code.

(Prior Code, § 40.06) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

   (A)   Yard use and height regulations shall be the same as for the zone in which the cluster subdivision is located. The minimum lot width may be reduced below the width normally required in the zone in which the cluster subdivision is located as follows: For all allowable zones, there may be up to a 30% reduction.

   (B)   All driveways shall be 25 feet from the front property line to the garage.

   (C)   All parking must comply with the parking requirements outlined in §§ 157.631 through 157.640.

   (D)   Any additional guest parking must be evenly distributed throughout the development.

(Prior Code, § 40.08) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

   (A)   There shall be a minimum of 20% of permanently reserved open space within the subdivision.

   (B)   Open space areas shall not include areas that are occupied by buildings, lots, structures, parking areas or streets. Additionally, required open space shall not include:

      (1)   Area between buildings;

      (2)   Front, rear, and side yard setbacks or any area within a residential lot; and

      (3)   Paved areas such as driveways and private sidewalks.

   (C)   The open space may include walking pathways, park benches, playground equipment, sport courts, picnic areas, covered pavilions, gardens, and shade trees. Any proposed building within the open space shall not be used as a residence.

(Prior Code, § 40.10) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

   (A)    Recreation and/or open space areas to be permanently reserved shall be improved, landscaped, and maintained in accordance with a plan approved by the Planning Commission and City Council. The landscaping plan must comply with §§ 157.985 through 157.999.

   (B)   To ensure that the recreation and/or open space parcels are permanently reserved and maintained, the city may require either:

      (1)   Appropriate covenants and agreements restricting the land perpetually as open space for common use and for permanent maintenance of such areas by a homeowners’ association.

      (2)   Any open space that is being considered to be deeded to the city shall have an open space easement, shall meet all requirements that the Parks and Recreation Department sets, and be approved by City Council. One of the requirements shall be a contiguous area of seven acres of area to be used as open space excluding any additional parking area for the open space.

(Prior Code, § 40.12) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

    A concept plan of the entire cluster subdivision showing the areas within the subdivision to be permanently reserved for recreation and/or open space, plans showing the proposed use, improvements, and method of maintenance of such areas, shall be approved by the Planning Commission and City Council before the cluster subdivision proposal becomes a permitted use in the zone in which it is proposed. Once the concept plan is approved, the applicant may follow the subdivision approval process and prepare a master development agreement.

(Prior Code, § 40.14) (Ord. 2-92, passed - -1992; Ord. 17-92, passed 10-7-1992; Ord. 26-2024, passed 9-18-2024)

   (A)   Subdivision ordinance requirements shall apply to all cluster subdivisions. The developer shall submit a residential development plan of all project phases for city consideration and approval and shall integrate the proposed development plan into a development agreement between the developer and city. The development agreement shall undergo an administrative review process to ensure compliance with city ordinances and standards with final approval by the City Council. The property shall be developed in accordance with the development agreement, and current city ordinances, including the development requirements as identified within this chapter.

   (B)   The MDA for review shall include, but is not limited to, the following:

      (1)   A legal description of the land subject to the agreement and the names of the legal and equitable owners;

      (2)   A general description of the development, the development uses permitted on the land including proposed densities, and building uses and height, and a description of the impacts and benefits of the development;

      (3)   A description of the public facilities that will service the development, including those that are to be dedicated, constructed or financed by the developer;

      (4)   The date construction of such new facilities will be completed and operation of such facilities will begin;

      (5)   Descriptions of all proposed phases;

      (6)   A schedule to assure public facilities are available concurrent with impacts of the development;

      (7)   A description of any reservations or dedications of land for public purpose;

      (8)   A description of all local development permits approved or needed to be approved for the development of the land;

      (9)   A provision that all public facilities to be provided by the applicant will be constructed or surety prior to the issuance of a building permit for all or any portion of the proposed development; and

      (10)   Such other provisions as are determined by the city to be necessary for the public health, safety, or welfare. The development agreement is subject to the approval of City Council as part of the approval process. The applicant shall record the development agreement in the Weber County Recorder's Office.

(Ord. 26-2024, passed 9-18-2024)