The intent of this section is to permit the development of alternative
one-family residential housing patterns that will not be out of character
with surrounding one-family areas and, through design innovation,
will introduce flexibility so as to provide for the sound physical
administration of site plans in situations where the normal subdivision
approach would otherwise be unconventional or impractical. To accomplish
this, the following modifications to the One-Family Residential District
shall be permitted, subject to the conditions herein set forth:
A. In the residential districts, one-family cluster housing shall be
permitted on property containing at least one net usable acre of land
that has direct frontage access to a major or secondary thoroughfare
as designated on the City's Master Plan Map, and provided further
that the Planning Commission, upon review of an application, shall
find that at least one of the following additional conditions exists
on the site.
(1) The irregular or dimensionally restricted shape of the parcel makes
it impractical or unconventional to develop the land under the normal
subdivision approach because it would:
(a)
Result in the platting of undersized lots, requiring variances
to the minimum lot area and lot width requirements of the district.
(b)
Result in the establishment of public rights-of-way that would
be detrimental to adjacent existing development and to the functional
movement of traffic within the site.
(2) Development of the site under the normal subdivision approach would
create unconventional lot shapes, making them difficult to develop,
or would be so shaped that portions of the lot would be left unused,
creating potential maintenance problems.
(3) Development under the normal subdivision approach would destroy or
substantially diminish a natural asset of environmental significance,
which could be more fully preserved under the cluster housing option.
(4) The Planning Commission, upon review of alternative development layouts,
finds that development under the cluster housing option will result
in a more orderly and appropriate use of the land, by showing a better
relationship between dwelling units on site and adjacent land use
off site, will provide for a more efficient and functional traffic
circulation system and will provide for more pleasing and more extensive
greenbelt areas than could be achieved under the normal subdivision
approach.
(5) The Planning Commission may, at its discretion, vary the thoroughfare
frontage requirement and permit access to a local residential street
when the cluster housing development is on property that abuts a multiple-family
or a nonresidential zoning district and that abutting property has
frontage on a major or secondary thoroughfare or on a nonresidential-oriented
street.
B. The following methods of development shall be permitted.
(1) The attaching of one-family homes shall be permitted when said homes
are attached through a common party wall which does not have over
50% of its wall in common with an abutting dwelling wall; by means
of an architectural wall detail which does not form interior room
space or through a common party wall in only the garage portion of
adjacent structures, there being no common party wall relationship
permitted through any other portion of the residential unit.
(2) The detaching of one-family homes within clusters shall be permitted,
provided said homes shall be spaced not less than six feet apart when
opposing dwelling unit walls contain no openings, and not less than
10 feet apart when opposing dwelling unit walls contain openings.
The distance between opposing garage walls within a cluster shall
meet local fire codes, except that in no case shall said walls be
less than six feet apart.
(3) The maximum number of attached or detached homes in a cluster, as
set forth above, shall be subject to review by the Planning Commission
but in no case shall a cluster contain more than three homes.
CLUSTER EXAMPLES
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C. Density. Except as may be otherwise restricted in this section, i.e.,
dwelling density shall not exceed the net dwelling unit density of
the district, or six dwelling units per acre, whichever is less.
D. Yard requirements. Yards shall be provided in the following manner.
(1) Front yard. A minimum 25 feet of front yard setback shall be provided
between the front wall and sidewall of a building and the front property
line of the development site.
(2) Exterior side yard (street side, side yard). A minimum setback equal
to the minimum front yard setback requirement of this subsection shall
be provided between the front or sidewall of a building on the development
site and any bordering street.
(3) Interior side yard. A minimum 10 feet of side yard setback shall
be provided between the sidewall of a dwelling building on the development
site and the site yard area of an abutting single-family lot. When
the dwelling building on the development site is attached to another
dwelling building, the side yard setback shall be increased to a minimum
of 15 feet.
(4) Rear yard. A minimum 35 feet of rear yard setback shall be provided
between the rear wall of a dwelling building and the rear yard area
of an abutting single-family lot. A minimum 20 feet of setback may
be provided when the sidewall of a dwelling building on the development
site is opposite the rear yard area of an abutting single-family lot.
E. Building orientation.
(1) Except as otherwise set forth in this subsection, a dwelling building shall maintain a side or rear wall orientation to the front lot line of the development site. When the rear wall of a dwelling building on the development site shall face a street bordering the development site, 20 feet of rear yard area shall be provided in addition to the minimum front yard setback requirement set forth in Subsection
D of this section, except when there are homes on abutting lots on both sides of the development site, or on lots directly across the street from the development site and they face into the same street that fronts the development site, the dwelling building or buildings nearest the front lot line of the development site shall maintain a front wall orientation to the front property line.
(2) When the front or a side wall of a dwelling building shall be opposite
an interior street or service drive within the development site, the
dwelling building shall maintain a minimum setback of 20 feet, except
when the wall contains a garage opening, a minimum setback of 23 feet
shall be provided.
F. Parking requirements. Parking shall be provided for each dwelling unit in accordance with the numerical parking requirements of this chapter for a single-family dwelling. Parking spaces may be provided in any peripheral yard of the development site except the minimum required front yard, unless the dwelling building or buildings are required to face the front lot line of the development site, as set forth and regulated in Subsection
E of this section. In that case, parking shall be allowed on the driveway between the dwelling unit and the site's front property line.
G. Site screening.
(1) Except as otherwise permitted in this subsection, when the rear wall of a dwelling unit shall face the front property line of the development site, as permitted in Subsection
E of this section, an architectural masonry screen wall structure with an inverted masonry vee cap shall be provided along the minimum required front yard setback line of the development site. The exterior face of the screen wall structure shall consist of face brick, as defined in this chapter, or real or cultured stone materials, except in place of a masonry wall, the Planning Commission may allow a six-foot-high decorative wood fence.
(2) The screening device shall be opaque and shall be six feet high and,
except where otherwise prohibited in this chapter, shall extend across
the entire width of the development site's frontage. The front yard
between the screening device and the front property line shall consist
of a landscaped lawn panel with informal groupings of accepted landscape
planting materials.
H. Minimum floor area. For each dwelling building, the minimum floor area of the dwelling shall be not less than the minimum applicable requirement of §
370-65 in this chapter for lots 50 feet or greater in width.
I. Building height. The height of any individual dwelling unit in a cluster shall conform to the building height limitations of the one-family districts set forth in §
370-64 in this chapter.
J. Lot coverage. The total permitted land coverage by all buildings,
including accessory buildings, shall not exceed 30% of the net usable
land area of the development site.
K. Additional requirements. Upon approval of a site for development
under the standards of this section, the Planning Commission shall
require the following:
(1) Landscaping plan. A landscape plan prepared by a registered landscape architect shall be submitted. The seal or registration of the landscape architect shall appear on the plan. The landscape plan shall also show the landscaping treatment of all open space areas, any landscape screening areas, and any detail planting areas next to driveways, streets or service drives, or along the perimeter walls of any dwelling buildings. The landscape plan shall include a list of all planting materials shown on the landscape plan, including their botanical as well as their common names, their size or spread at the time of planting, and their location on the site. A statement detailing the manner in which all landscaping will be maintained shall appear on the landscape plan. The applicable site landscaping standards set forth in Article
XXII in this chapter shall be followed.
(2) Floor plans and exterior building wall elevation drawings.
(a)
Floor plans of each different dwelling building proposed for
the development and its related exterior building wall elevation drawings
shall be submitted with the site plan. Floor plans shall be prepared
at an architectural scale of 1/4 inch equals one foot. The exterior
building wall elevation drawings shall be drawn to the same scale,
or to an architect's scale of 1/8 inch equals one foot, and shall
identify all exterior building wall materials proposed for the walls.
(b)
Floor plans shall include all pertinent dimensions and the overall
floor area of the dwelling unit. The exterior building wall elevation
drawings shall include the overall height of the building, measured
halfway up the highest pitched roof.
(3) Existing conditions. An existing conditions drawing of the development
site, including a legal description of the property or properties,
and showing all property lines with dimensions, topographic contour-lines
drawn at one-foot intervals, any on-site utility easements, tree cover,
and the footprint (building envelope) of any existing buildings or
structures on the property, and the center line of any bordering streets.
L. Public hearing. The Planning Commission shall conduct a public hearing duly advertised in the manner outlined in §
370-140 in this chapter. The hearing shall be held at the time the applicant appears before the Planning Commission for approval to develop property under the one-family cluster housing option.
M. Approval limitations. Approval of a site plan under this section
shall be effective for a period of two consecutive years, commencing
on the date the site plan was approved by the Planning Commission.
At the end of the second approval year, if substantial development
beyond any initial site clearance is not underway on the property,
site plan approval shall expire and no site improvements or development
shall take place on the property thereafter until site plan approval
has once again been given by the Planning Commission. Thirty days
before site plan approval shall expire, the applicant may request
an extension. The Planning Commission, at its discretion, may grant
one, one year extension to a previously approved site plan.
The intent of this section is to permit the development of single-family
detached dwellings by site planning the layout of individual dwellings
or condominium units as defined in this chapter, along with all streets,
utilities, open spaces, etc., as permitted in MPA 59 of 1978, as amended,
being the State Condominium Act. To accomplish development under this option, the following
conditions shall apply.
A. In the One-Family Residential District, the site planning of individual single-family detached dwellings, or condominium units, may be permitted after review by the Planning Commission of a site plan. The site plan shall be prepared in strict accordance with the applicable requirements of Article
XXI of this chapter. The Planning Commission shall conduct its review at a public hearing. The hearing shall be advertised in the manner set forth in §
370-140 of this chapter.
B. In making its review, the Planning Commission shall find that the
following minimum requirements are fully met.
(1) The maximum number of individual single-family detached dwellings
per acre shall not exceed the dwelling unit density level of the One-Family
Residential Zoning District in which the site is located.
(2) An area at least equal to the minimum lot area requirement of the
zoning district in which the site is located shall be provided for
each dwelling or condominium unit. This area may be called the "limited
common element," as defined in this chapter.
(3) Setbacks equal to the minimum building setback requirements of the
zoning district in which the site is located shall be provided for
each dwelling or condominium unit. Each setback shall extend from
the applicable wall of the dwelling or condominium unit to the corresponding
limited common element line.
(4) All streets shall be public streets in public rights-of-way; all
such streets and rights-of-way shall be designed and constructed to
the City's applicable public street and road rights-of-way standards.
(5) All utilities shall be provided and constructed to applicable standards
and shall be located in appropriate utility easements.
(6) The maximum number of stories and the maximum building height limitations
of the zoning district in which the site is located shall be met.
(7) At least the minimum applicable square feet of floor area shall be
provided, as required in this chapter, for each single-family detached
dwelling or condominium unit.
(8) Any detached accessory building or structure shall comply with the
applicable standards of this chapter. All such setbacks shall be measured
from the applicable lot or limited common element line.
C. When the Planning Commission finds that all of the requirements outlined in Subsection
B of this section are met, it shall grant the applicant preliminary site plan approval. The Planning Commission may, at its discretion, grant preliminary site plan approval with conditions, provided the conditions are minimal and few.
D. The granting of preliminary site plan approval by the Planning Commission
shall give leave to the applicant to prepare a final site plan. The
final site plan shall include any conditions placed by the Planning
Commission on the preliminary site plan. The Planning Commission may
grant final site plan approval only after it is satisfied that all
conditions have been met, and that the master deed and the Association
of Home Owners Bylaws are deemed by the City to be in order.