(A) Utilization of adjoining tracts.
(1) When lots are created for residential purposes in the C District under a cluster subdivision, the lots are to be located and sized so the agricultural or conservation land devoted to residential use is minimized, and the amount of land retained for agricultural or conservation use and open space is maximized. The total density of adjoining tracts and legally created off conveyances may be used to comply with these standards, and the lots resulting from development of adjoining tracts may be located on one or more of the tracts. In computing density for purposes of this section, tracts which are subject to an Agricultural Preservation District Agreement or easement may not be counted.
(2) Where land on either side of a public road, or on either side of a strip dividing an original tract and owned in fee simple by a public utility, would otherwise be adjoining except for the existence of in fee public ownership of the road or public utility strip, such confronting tracts may be considered adjoining under this division (A). The tracts shall be considered adjoining only for the purpose of transferring density but not for the purpose of increasing density beyond what is otherwise allowed.
(3) Whenever density from a transferring tract is relocated onto one or more adjoining tracts, the transferring tract shall retain at least one residential building right or the transferring tract shall be combined with another tract or tracts unless otherwise subject to any conditions imposed by the Planning and Zoning Commission.
(Ord. 2022-19, passed 10-20-2022)