Cluster development may be utilized within a zoning district to provide a permitted housing type while preserving and maintaining open space. The Planning Commission may grant a subdivider the right to vary the yard setbacks and building placement within the area to be developed. The right to vary yard setbacks and building placement shall, however, be subject to the following conditions:
   (a)    An overall plan of the entire tract to be subdivided showing roads, lot lines, lot areas, open space areas, easements, encumbrances and other relevant data shall be submitted in accordance with Sections 1105.01 through 1113.17.
   (b)    Maximum density shall not exceed that of the zoning district in which the proposed subdivision is located. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be no less than two-thirds of that minimum lot area normally required in the zoning district in which the subdivision is located.
   (c)    The balance of the land in a proposed subdivision that is not contained in lots or within road rights of way shall be contiguous and of such condition, size and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the subdivider shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. No structure, save those incidental to the recreational use, shall be permitted thereon.
   (d)    Open land shall be a minimum of one acre and shall be subject to taxation, however in the case of tracts of three or more acres, the developer may petition the City to accept dedication of the land to be used in perpetuity as public open space.
   (e)    Upon completion of all the required public improvements, the subdivider or developer shall request, in writing, a final inspection by the Service Director as required under Ohio R.C. 711.091.
      (Ord. 1974-99. Passed 10-22-74.)