1124.05 LAND PLANNING REGULATIONS FOR SINGLE FAMILY DETACHED AND ATTACHED CLUSTER UNITS.

   The following regulations shall control the planning, development and use of single family detached and attached cluster units.

   (a)    Area Regulations.

      (1)    Access to dedicated streets. Cluster dwelling units attached and/or detached may either be owned in condominium ownership or be located on land owned in fee simple either fronting on a dedicated street or on a private street with rights of access to a dedicated street.

      (2)    Area to the rear of dwelling units. There shall be a minimum of 400 square feet area of private open space per dwelling unit immediately to the rear of each cluster building, which private open space shall be for the sole use of the residents of such cluster building.

      (3)    Building setbacks.

         A.    Front Building Setbacks.

            1.    The front building setback of dwelling units abutting any dedicated street within the development area may be varied with a minimum setback of thirty-five feet from the nearest edge of the street.

            2.    Dwelling units abutting any private street within a residential area shall be set back a minimum of thirty feet from the nearest edge of street pavement.

         B.    Side Building Setbacks. 

             1.    Detached cluster buildings shall maintain a minimum twenty feet separation between adjacent sidewalls of detached buildings.

            2.    The sidewall separation between two attached cluster buildings or between an attached cluster building and a detached cluster building shall be a minimum of either twenty feet or a distance equal to one-half (1/2) of the combined heights of the two buildings, whichever is greater.

         C.    Building Setbacks Abutting R & R Development Area Boundary or Common Open Space Area.

             1.    Detached dwelling units shall be set back a minimum of forty feet from any R & R District boundary and not less than fifteen feet from any common open space area.

             2.    Attached dwelling unit buildings shall be set back a minimum of forty feet from any R & R District boundary. The end wall of an attached dwelling unit building shall be set back not less than fifteen feet from any common open space area. The main wall of an attached dwelling unit building shall be set back a minimum of twenty-five feet from any common open space area.

            3.    Notwithstanding the foregoing, only detached dwelling units may be constructed along any R & R District boundary which abuts the rear lot lines of sublots on Castlehill Drive or Sandhurst Drive. Furthermore, such detached dwelling units shall be set back a minimum of fifty-five feet from any such R & R District boundary which abuts the rear lot lines of sublots on Castlehill Drive or Sandhurst Drive.

         D.    No other setbacks or limitations regarding land area or floor area of dwelling units shall be required except as specified within this Section 1124.05.

   (b)    Attached Units Per Building. There shall be no more than six attached cluster dwelling units per building and no attached cluster dwelling units shall be built above or below another such dwelling unit.

   (c)    Maximum Height of Buildings. The maximum height of detached and/or attached cluster buildings shall be two and one-half stories, but not more than thirty-five feet.

   (d)    Maximum Length of Buildings. The maximum lineal dimension (length) of attached cluster buildings shall be 150 feet. The main wall of an attached cluster building shall not exceed fifty feet in length without a ninety degree offset of at least five feet.

   (e)    Minimum Dwelling Unit Area Requirement. The minimum dwelling unit area requirement for each attached and/or detached cluster dwelling unit shall be 1,500 square feet, excluding garages, accessory buildings and basement areas.

   (f)    Driveways. Driveways shall be twenty-two feet in width.

   (g)    No Open Watercourses. There shall be no man-made drainage ditches within the Residential Areas of an R & R District, unless the Planning and Zoning Commission determines, as part of its review of the development plan or site plans for the R & R District, that such open storm sewers and watercourses are consistent with sound planning practices and with the health, safety and welfare of the present or future residents of the R & R District. The foregoing determination by the Planning and Zoning Commission shall be made only after receipt of a recommendation by the City Engineer.

   (h)    Private Streets. All private streets shall have a minimum width of pavement of twenty-four feet.

   (i)    The Homeowners' Association shall control and maintain streets and easements of access on nondedicated private streets. Furthermore, deed restrictions shall be required in such cases to include the following language: “The undersigned grantee(s) hereby acknowledge(s) that he/she/they understand that the premises described herein is located upon a nondedicated street. Further, the grantee(s) understand that no government body is responsible for care and maintenance of such private street. Should a private street ever become public, it shall be reconstructed to public street standards prior to its being accepted as a public street.”

   (j)    All streets to be dedicated for public use shall conform with the requirements for such streets in Chapter 1167 of the Codified Ordinances where such chapter is not in direct conflict with this chapter.

      (Ord. 27-1988. Approved by voters 11-8-88.)