(a) Definition:
CLUSTER HOUSE DEVELOPMENT means a group of three (3) or more detached single-family dwellings arranged around a central common area upon a parcel of land under common ownership, planned and developed as a whole with a binding, enforceable agreement between the building owners in the development for the future maintenance and repair of all land, improvements, and services as will be for the common use of all building owners in the development.
(b) Regulations:
(1) Only detached, single-family dwellings shall be erected.
(2) Minimum lot area per dwelling shall be as set forth in Schedule 1121.06; where a development lies in more than one (1) zoning district, the more restrictive minimum lot area requirement applies.
(3) Proper provisions shall be made for the ownership of all the land in the development to be in the name of the developer until such time as a sufficient number of dwellings are sold to permit the formation of a property owners association at which time the title to all of said land shall be transferred to such association. Membership in the property owners association shall be limited solely to the owners of the dwellings in the development.
(4) Covenants shall be included in the deed for each dwelling sufficient to ensure that the use of all the land will be consistent with the provisions of this Ordinance governing Cluster House Developments as well as to guarantee that all the land in the development, together with all improvements, facilities and services for the common use of all building owners in the development, will be kept in good maintenance and repair. Sewer and water lines beyond the curb shall be installed by the developer and maintained by the association, with separate water meters installed in each home.
(5) No dwelling or other structure shall be erected within thirty (30) feet of a side or rear boundary line of the parcel.
(6) No dwelling or other structure shall be erected within twenty (20) feet of another dwelling or structure.
(7) The building line for that portion of the development, which fronts on a public street, shall be not less than fifty (50) feet.
(8) A private drive in lieu of a public street shall be permitted provided that:
A. The development complies with the minimum lot area specified in paragraph (2) of this subsection (b);
B. The drive shall terminate in a court or circle having a minimum width or diameter of eighty (80) feet;
C. Such drive shall be constructed in accordance with specifications prescribed and approved by the Engineer;
D. Such drive shall be completed prior to the first occupancy of any home in the development; and
E. The property owners association for and on behalf of its members shall waive liability and hold the City harmless for any damage to the private drive which may, at any future time, be caused by City vehicles or other equipment using said drive to provide municipal services at the request of the property owners or their association.
(Ord. 91-95. Passed 10-7-1996.)