(A) Cluster development, the placing of residential dwelling units into compact groupings, may be permitted in any residential or multiple-family district following the completion and approval of a preliminary and final plat for a cluster development. The Planning Commission and City Council shall find that the proposed development plan is in substantial compliance with the applicable standards of this chapter and the city housing policies on file with the Zoning Administrator.
(Prior Code, Ch. 300 § 738.01)
(B) A
CLUSTER DEVELOPMENT shall be defined in this section as a residential development in which a number of single-family dwelling units are grouped on smaller than usual or minimum lots, leaving some land undivided for common use by all residents of the development.
(Prior Code, Ch. 300 § 738.02)
(C) Common land may be preserved as agricultural land, open recreational facilities, or for preservation of natural or scenic resources.
(Prior Code, Ch. 300 § 738.03)
(D) Except for minimum setbacks and height limitations for the district in which the development is proposed, altered dimensional standards may be allowed as exceptions to this chapter for cluster development, provided that:
(1) In Agricultural (A) and Residential (R-1) Districts of this chapter, the number of dwelling units allowed shall not exceed the total number of dwelling units allowed if the development was based on the minimum lot size requirements for a single-family residential subdivision.
(2) In Residential (R-3) and multiple dwelling districts of this chapter, and only where public sewer and water will be installed in the proposed cluster development, the number of dwelling units shall not exceed 50% more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for single-family residential subdivisions.
(3) Open space shall be preserved. At least 40% of the site shall be kept in its natural state or utilized for recreation or agricultural purposes.
(4) In areas where public sewer and water are not available, adequate soil area shall be shown on the preliminary plat for 2 individual septic drainfields for each dwelling unit or plans and tests which provide adequate space for 1 central septic drainfield and 1 reserve or back-up area.
(5) Complete plans and documents of the homeowners' association are submitted which explain:
(a) Ownership and membership requirements;
(b) Organization of the association;
(c) Time at which the developer turns the association over to the homeowners;
(d) Approximate monthly or yearly association fee for homeowners; and
(e) Specific listing of items owned in common, including such items as roads, recreation facilities, parking, common open space ground, and utilities.
(6) No cluster development lot shall be less than 6,000 square feet in area.
(7) Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, street which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made a part of the permit; provided an agreement is entered into between the owner of the streets and the city assuring that the construction, operation and maintenance of the streets will be accomplished in accordance with approved city standards (see § 159.159).
(Prior Code, Ch. 300 § 738.04)
(E) All applicants for residential single-family cluster developments shall be required to file with the appropriate governmental recording agency, a plat of the clustered development complying with all of the requirements of Chapter 158, except to the extent that the Planning Commission may have given specific permission to the effect that specific portions of the Subdivision Ordinance may be waived. Such required plats shall be filed within 120 days after the date of the action giving final approval.
(Prior Code, Ch. 300 § 738.05)