The intent of this section is to authorize the
developer to decrease lot sizes and leave the remainder of a tract
of land as usable open space, thereby lowering development costs.
[Amended 3-25-2008 by Ord. No. 08-05; 12-15-2009 by Ord. No. 09-33]
A. In the AC, AR, RS1 and RS5 Zoning Districts, a developer
may create lots which may be smaller than those required in the zoning
district in which the tract is located, if the developer complies
with the provisions set forth in these regulations.
B. All lot reductions in a cluster development shall
be compensated for by an equivalent amount of land in open space to
be preserved and maintained for its scenic value, recreation, agriculture
or conservation purposes.
C. In approval of a cluster subdivision, in no case shall
the maximum density for the applicable district be modified or changed.
D. All cluster subdivisions shall be served by public water and sewer, except that individual on-site septic and water in accordance with the provisions of Chapter
187 may be used outside the Growth Zone Overlay, with a minimum lot size of one-half acre, at the discretion of Levy Court.
Approval of a cluster subdivision shall be granted
only if all other subdivision regulations have been met and evidence
is presented which establishes the following:
A. Individual lots, buildings, streets and parking areas
shall be designed to minimize alteration of the natural site features
to be preserved.
B. The usability of cluster open space intended for a
recreation or public use shall be determined by the size, shape, topography
and location requirements of the particular purpose proposed for the
site.
C. Cluster open space shall include irreplaceable natural
features, such as, but not limited to, stream beds, significant stands
of trees, individual trees of significant size, wetlands or cultural
features.
D. Cluster open space intended for recreation or public
use shall be easily accessible to pedestrians, and accessibility shall
meet the needs of the handicapped and elderly.
E. The suitability of cluster open space intended for
scenic value and purposes shall be determined by its visibility from
a significant number of units or buildings or length of public or
private streets.
F. Diversity and originality in lot layout and individual
building design shall be encouraged to achieve the best possible relationship
between development and the land.
G. Individual lots, buildings and units shall be arranged
and situated to relate to surrounding properties, to improve the view
from the buildings, and to lessen the land area devoted to motor vehicle
access.
H. Individual lots, buildings, units and parking areas
shall be situated to avoid the adverse effects of shadows, noise and
traffic on the residents of the site.
I. All residential structures within a cluster subdivision
shall front on and gain access from an interior subdivision street,
parking area or court. In no instance shall a residential structure
in a cluster subdivision be accessible from a County or state highway.
Any cluster subdivision shall have a site area
not less than the following:
A. Twenty-five acres in an AC and AR Zoning District.
B. Fifteen acres in an RS1 Zoning District.
C. Ten acres in an RS5 Zoning District.
Permitted housing types in a cluster subdivision
vary by zoning district.
Cluster Development
Permitted Housing Type by Zoning District
Table 6-1
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Housing Type
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District
|
1
|
2
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3
|
4
|
5
|
6
|
7
|
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AC and AR
|
X
|
X
|
X
|
|
|
|
|
|
RS1
|
X
|
X
|
X
|
X
|
X
|
|
|
|
RS5
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Housing Types
|
1
|
Single-family detached homes
|
2
|
Lot line homes
|
3
|
Village homes
|
4
|
Patio homes
|
5
|
Duplex/semidetached homes
|
6
|
Town homes
|
7
|
Multiplex homes
|
Minimum lot size and yard requirements in any
cluster subdivision will vary as to type of dwelling. More than one
dwelling type is permitted in any given cluster development in the
AC, AR, RS1 and the RS5 Zoning Districts. The following is a listing
of the lot size and yard requirements by housing type in a cluster
development in which they are located:
A. Single-family detached house. A single-family detached
dwelling located on a privately owned lot which has private yards
on all four sides of the dwelling:
|
|
Zoning District
|
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|
|
AC and AR
|
RS1 and RS5
|
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|
Minimum lot area (square feet)
|
10,000
|
7,500
|
|
Maximum floor ratio
|
.30
|
.35
|
|
Minimum yards (feet)
|
|
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Front
|
30
|
25
|
|
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Side
|
10
|
10
|
|
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Rear
|
30
|
25
|
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Minimum lot width (feet)
|
80
|
60
|
|
Minimum lot frontage (feet)
|
35
|
35
|
|
Number of off-street parking spaces
|
2
|
2
|
B. Lot line house. A single-family fully detached dwelling
located on an individual lot which is set on the lot line. House windows
and doors are prohibited in that wall of the house on the lot line.
Either a five-foot maintenance easement shall be provided on the neighboring
property, or the lot line house may be set back 15 feet from the line,
or recreation, planting and use easements may be granted to the adjacent
owner. In addition the following table specifies the minimum standards
for a lot line house:
|
Minimum lot area (square feet)
|
6,200
|
|
Maximum floor ratio
|
.25
|
|
Minimum yards (feet)
|
|
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Street to house
|
20
|
|
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Street to garage
|
5
|
|
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Rear
|
20
|
|
Minimum building spacing (feet)
|
25
|
|
Minimum lot width (feet)
|
70
|
|
Off-street parking spaces
|
2
|
C. Village house.
(1) A single-family dwelling fully detached from neighboring
structures. The village house is distinguished by very small front
and side yards. The placement of the unit close to the street requires
special landscaping or architectural treatment, specified in detail
below. The required landscaping is a definitional element of the unit.
[Amended 11-25-2008 by Ord. No. 08-27]
|
Minimum lot area (in square feet)
|
6,000
|
|
Maximum floor ratio
|
.35
|
|
Minimum yards (feet)
|
|
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Street to house
|
15
|
|
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Street to garage
|
5
|
|
|
Side
|
5
|
|
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Rear
|
25
|
|
Minimum lot width (feet)
|
60
|
|
Off-street parking spaces
|
2
|
(2) The yards of village houses that front on streets
are very small and shall be landscaped or the units built to include
the installation of at least two of the following six landscaping
or architectural treatments to ensure adequate separation and protection
from street activities:
(a)
Two canopy trees and three evergreen or understory
trees or six evergreen or understory trees.
(b)
A porch which is roofed but not enclosed and
extends across 3/4 (.75) of the front of the house and is at
least seven feet in width.
(c)
A front yard raised above the grade of sidewalk
by at least 24 inches and four flowering or evergreen shrubs per street
face.
(d)
An ornamental fence or wall between 24 inches
and 36 inches in height, and five flowering or evergreen shrubs per
street face.
(e)
Twenty flowering or evergreen shrubs or 10 flowering
or evergreen, 20 hedge plants and two understory trees.
(f)
A berm or raised area averaging 18 inches above
grade of the rest of the yard and covering 40% of such yard, with
four understory or evergreen trees and six flowering or evergreen
shrubs.
D. Patio house. A detached or semidetached single-family
dwelling with one dwelling unit from ground to roof. Each dwelling
unit's lot shall be fully enclosed by a wall located at the lot line,
thus creating a private yard area between the house and the wall.
Side and rear walls shall be seven feet in height and the front wall
shall average six feet in height. That portion of the yard or patio
area comprising minimum patio area is this housing type's minimum
yard area. All living spaces, such as living rooms, dens and bedrooms
shall face the yard or patio. The following table specifies the minimum
standards for a patio home:
|
Minimum lot area (in square feet)
|
4,500
|
|
Maximum floor ratio
|
.50
|
|
Maximum yard width (feet)
|
8
|
|
Minimum patio area (square feet)
|
1,000
|
|
Minimum patio width (feet)
|
20
|
|
Maximum height (feet)
|
28
|
|
Off-street parking spaces
|
2.5
|
E. Duplex. A semidetached single-family dwelling. The
structure has one dwelling unit from ground to roof and only one wall
in common with another dwelling unit. The following table specifies
the minimum standards for a duplex, per unit:
|
Minimum lot area (square feet)
|
4,000
|
|
Maximum floor ratio
|
.32
|
|
Minimum lot width (feet)
|
50
|
|
Minimum yards (feet)
|
|
|
Street to house
|
20
|
|
|
Street to garage
|
10
|
|
|
Side
|
10
|
|
|
Rear
|
15
|
|
Off-street parking spaces
|
2.5
|
F. Townhouse. A single-family attached unit, with a single
unit going from ground to roof, and with individual outside access.
Rows of attached townhouses shall average no more than six dwelling
units. The following table specifies the minimum standards for townhouses:
|
Minimum lot area (in square feet)
|
1,600
|
|
Maximum floor ratio
|
.60
|
|
Minimum lot width (feet)
|
16
|
|
Minimum yards (feet)
|
|
|
Front
|
10
|
|
|
Rear
|
15
|
|
Maximum building height (feet)
|
28
|
|
Off-street parking spaces
|
2.5
|
G. Multiplex. A single-family attached dwelling or a
multiple-family dwelling unit. Each unit may take direct access to
a private yard or access point, or units may share yards and access.
The units may be arranged in a variety of configurations, including
back to back, side to side, or vertically; however, no more than six
units shall be attached in any single building. The following table
specifies the minimum standards for a multiplex structure:
|
Minimum lot area (square feet)
|
2,000 (per unit)
|
|
Minimum floor ratio
|
.65
|
|
Minimum yards (feet)
|
|
|
Street to house
|
25
|
|
|
Side
|
15
|
|
|
Rear
|
15
|
|
Maximum building height (feet)
|
35
|
|
Off-street parking spaces
|
2.5
|
The amount of open space which must be provided
in a cluster development shall be calculated by the following method:
A. Subtracting the amount of the minimum lot area (in
square feet) from the standard lot size (in square feet) for the district
in which the cluster subdivision is located.
B. Adding together the result of each lot calculation.
|
Example:
|
|
|
|
Standard lot size permitted in zoning district
|
Minimum lot size permitted in cluster development
|
|
|
3/4 acre or 32,670 square feet
|
7,500 square feet
|
|
|
32,670
|
|
|
-7,500
|
|
|
25,170 square feet of open space required
|
C. Up to 1/3 of the required open space may be located
in a one-hundred-year floodplain.
D. Cluster open space shall not include areas devoted
to public or private vehicular streets or any land which has been,
or is to be, conveyed to a public agency via a purchase agreement
for such uses as schools or other public facilities.
E. The land must be set aside (and usable) for recreation,
agriculture or conservation, and shall be shown on an approved subdivision
plan. Recreational areas shall be accessible to all residents of the
subdivision.
F. A minimum area of open space must be reserved for the residents of the subdivision as prescribed by Chapter
187, Subdivision of Land. Cluster open space dedicated to agricultural uses shall not be considered as required recreational open space.
Open space in a cluster subdivision shall be
protected by legal arrangement satisfactory to the Levy Court and
sufficient to assure its maintenance and preservation for whatever
purpose it is intended. Covenants or other legal arrangements shall
specify ownership of the cluster open space; method of maintenance;
responsibility for maintenance; taxes and insurance; compulsory membership
or compulsory assessment provisions; guarantees that any association
formed to own and maintain cluster open space will not be dissolved
without the consent of the Levy Court; and any other specifications
deemed necessary by the Levy Court.