1136.07 BUILDING SPACING AND YARD REGULATIONS.
   Dwelling units in a Residential Cluster District may be arranged in various groups, courts, or clusters with open spaces organized and related to the dwellings so as to form a unified composition of buildings and space, and in accordance with the following provisions:
   (a)   Building Spacing. In order to ensure adequate privacy for each dwelling unit, the minimum spacing between buildings shall be determined by the types of walls facing each other and shall be distances required below:
      (1)   When neither of the two walls facing each other contains windows, patios or decks, or the windows are in non-living areas, two dwellings shall be separated by a minimum of 10 feet.
      (2)   When one or both of the walls facing each other contain windows, other than primary windows of living areas, the two dwellings shall be separated by a minimum of 15 feet.
      (3)   When one or both of the walls facing each other contain primary windows of living areas or patios or decks, the two dwellings shall be separated by a minimum of 20 feet.
      (4)   For the purposes of this section, the following definitions shall apply: “living areas” shall include living rooms, family rooms, great rooms, bedrooms, dining rooms and kitchens; “primary window” means any window in a living space having a sill height of 60 inches or less above the floor.
   (b)   Attached Units. Attached dwellings may be attached side by side or one above the other.
   (c)   Yard Regulations.
      (1)   Yards not less than forty (40) feet in width shall be required along any public street line bordering the development area. Yards not less than twenty (20) feet in width shall be required along any other property line.
      (2)   No dwelling shall be closer than twenty (20) feet from the nearest edge of the street or sidewalk pavement and no dwelling shall be less than twenty (20) feet from a parking area other than a driveway directly serving a dwelling.
      (3)   No dwelling shall be closer than fifteen (15) feet from the nearest edge of an open space area or required yard.
   (d)   Flexible Design.  With respect particularly to properties of irregular shape, unusual topography or limited size, the Planning and Design Commission may modify requirements regarding yards and spacing between uses if compliance with these requirements is either infeasible or in conflict with the development standards of this chapter. Modifications made by the Planning and Design Commission must receive the approval of Council.
 
(Ord. 2007-5. Passed 4-17-07.)