§ 2.05  CLUSTER DEVELOPMENT .
   2.05.01   Purpose.  The cluster development standards of this section are intended to encourage the preservation of open space, the protection of natural resources, such as hillsides, woodlands, and floodplains, and the provision of recreational amenities within residential developments. The regulations have several potential benefits, including:
   (A)   Providing flexible development options where the standard rectilinear lot pattern is not practical because of physical constraints;
   (B)   Promoting the preservation of open space and natural resources;
   (C)   Allowing for common open space and recreation areas in a development project while still achieving the density of the base zone; and
   (D)   Reducing development costs.
   2.05.02   Description.
   (A)   A cluster development is a type of development that complies with the maximum density standards of the base zone but where some or all of the lots are reduced below the minimum lot area and width standards of § 2.03.01. When planning cluster developments, lots and the locations of houses on the lots must be planned at the same time. Because the allowable building envelope of each house is predetermined, greater flexibility in development standards is possible while assuring that the desired character of the zone is maintained.
   (B)   Under the cluster development option, a development can contain no more lots than would otherwise be allowed for a development in the same zone, but individual lots are allowed to be smaller than otherwise required under§ 2.03.01. Smaller lot sizes in a cluster development are required to be offset by a corresponding increase in open space.
   2.05.03   Where Allowed.  Cluster developments are allowed in all RR, RS and RU zones.
   2.05.04   Approval Procedure.  Cluster developments are allowed by right. Review of development plans for compliance with applicable regulations must be conducted by the Kenton County Planning Commission's authorized representative prior to approval by the Zoning Administrator. No permits may be issued by the Zoning Administrator until the Kenton County Planning Commission's authorized representative has approved development plans as being in compliance with the standards of this zoning ordinance.
   2.05.05   General Lot and Building Standards. The general lot and building standards of § 2.03.01 apply to development in cluster developments, except as otherwise expressly stated in this section (§ 2.05).
   2.05.06   Density.  Cluster developments may not exceed the maximum density allowed by the base zone. In calculating the density of the cluster development, the entire area in the development is included, except for public and private streets and rights-of-way and land occupied by nonresidential development. Parks and open space areas may be included in calculating the area of the development.
   2.05.07   Cluster Lot and Building Standards.
   (A)   Minimum Lot Area and Width.  There is no minimum lot size (area or width) requirement for cluster developments. Lot sizes must be adequate to meet all applicable zoning ordinance standards.
   (B)   Minimum Setbacks.
      (1)   A setback equal to the minimum front setback of the base zone must be provided along the entire perimeter of the cluster development that is adjacent to any street or right-of-way.
      (2)   A setback equal to the minimum rear setback of the base zone must be provided along the entire perimeter of the cluster development that is not adjacent to any street or right-of-way.
      (3)   In the project, the minimum distance between buildings must be at least six feet. Building separation distances must also be adequate to ensure compliance with all applicable building and fire codes.
   2.05.08   Building Envelopes.  The proposed ground-plane building envelope for all houses must be shown on the plans that accompany the permit application with enough detail to allow a determination of compliance with required development standards. The ground-plane building envelope must delineate the area on the lot in which the building will be placed.
   2.05.09   Common Open Space.
   (A)   Minimum Area.
      (1)   At least 40% of the total area of a cluster development must be retained as common open space and dedicated to a public or private entity for operation and maintenance.
      (2)   Such open space areas must be used to protect natural resource areas on the site or be devoted to recreational amenities that are located so as to be readily accessible, available to, and usable by all residents of the development.
      (3)   At least 25% of the required common open space must be improved with active or semi-active outdoor recreational amenities, such as swimming pools, play areas, ball fields, picnic tables, or walking trails.
      (4)   The following may not be counted toward satisfying common open space requirements: required perimeter setbacks around the development, streets, parking areas, driveways, or development lots.
   (B)   Use.  Common open space must be set aside and designated as an area where no development will occur, other than recreational amenities or passive open space amenities for residents.
   (C)   Maintenance.  An enforceable maintenance agreement for any commonly owned areas must be created and recorded.
(Ord. O-37-06, passed 8-15-06)