(a)   Purpose and Intent. In order to promote a more creative use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the multifamily zones, multifamily cluster developments are meant to:
      (1)   Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;
      (2)   Provide residential areas that are both visually interesting and of high quality; and
      (3)   Create a functional circulation system providing ease of access for residents and service and emergency equipment.
   (b)   Scope and Review Procedures. Cluster developments are permissible by right in the RM-D and SC Districts. Any developer wishing to create a development under these regulations must declare his or her intent to develop a "cluster development" and therefore be subject to these regulations. Cluster developments are subject to site plan review procedures provided in Section 1248.04. Plans must be submitted in accordance with, and the cluster development will be governed by, the provisions of this chapter and other applicable provisions of this Zoning Code and the Subdivision Regulations.
   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained in a multifamily cluster development, in accordance with the following:
      (1)   Main buildings and uses:
         A.   Detached cluster dwellings; and
         B.   Attached cluster dwellings.
      (2)   Accessory buildings and uses:
         A.   Gardens, fences, walls, pools and other recreational facilities on private or common land;
         B.   Private garages and off-street parking;
         C.   Home occupations;
         D.   Signs as regulated by Chapter 1284; and
         E.   Housing of pets as regulated by Section 1270.03(e).
   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a multifamily cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of the residential units, open space and landscape features. The detached cluster dwellings may be arranged in various groups, to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.
      (1)   Density and open space.
         A.   Guidelines for maximum density per acre and overall density are as follows:
            Maximum density is eight units per acre;
            Maximum overall density is six units per acre.
         B.   Required common open space. Twenty-five percent of the total area of the cluster development shall be set aside as common open space. This common open space shall be further subject to the requirements of subsection (f) hereof.
(Ord. 93-20. Passed 2-2-93.)
      (2)   Cluster dwelling unit arrangement.
         A.   Number of units. Not more than five cluster dwelling units may be physically attached via common or adjoining wall(s).
         B.   Cluster unit building setbacks.
            1.   Front yard. Main structure and side entry garages: twenty feet from the edge of paving; front entry garages: twenty-five feet from the edge of paving.
            2.   Rear yard. Thirty-five feet development property line (the ten-foot buffer required by Chapter 1288 may be a portion of this setback); forty feet between buildings.
            3.   Side yard requirements. A thirty-foot side yard is required along development property line. The ten-foot buffer required by Chapter 1288 may be a portion of this setback. The following dimensions are to be maintained between buildings:
               Between two one-story dwellings - eight feet;
               Between a one-story dwelling and a two-story dwelling - ten feet;
               Between two two-story dwellings - twelve feet;
               Between a building housing attached units and a detached dwelling - fifteen feet;
               Between two buildings housing attached units - twenty feet.
               Between a side wall and a rear wall - twenty-six feet.
            4.   Corner lots. A structure on a corner lot shall be set back twenty-two feet from the pavement edge.
(Ord. 95-97. Passed 7-18-95.)
      (3)   Modifications. The Planning Commission may modify the above setback requirements to require greater or lesser distances to achieve the objectives stated in subsection (a) hereof.
      (4)   Cluster unit criteria. Cluster dwellings shall comply with the minimum floor area requirements for "Townhouses" and "Plexes" as shown in Section 1270.19.
      (5)   Ingress to and egress from garages. Ingress and egress to any garage cannot interfere with the ingress and egress to another garage or parking on the site.
   (e)   Cluster Development Design Criteria. In addition to the requirements of subsection (d) hereof, multifamily cluster developments shall be designed, and buildings shall be located, according to the criteria established below, wherever possible.
      (1)   Existing natural amenities should be preserved and incorporated into the design, including existing streams, trees and other vegetation.
      (2)   Visual monotony created by excessive block lengths shall be avoided by integrating open space along the roads.
      (3)   Each dwelling unit should be designed to abut common open space areas.
      (4)   The area of land disturbed by development should be minimized by building roads along contours, combining utility cuts, minimizing grading and appropriately siting buildings.
      (5)   Finished lawn areas should be minimized to retain the natural character of the land.
      (6)   Unity in groups of cluster dwellings shall be created through the use of common architectural and design elements, such as color, building mass, roof lines, facade treatments, setbacks, landscaping and related features. However, these same elements shall also be used to prevent complete uniformity in design elements.
      (7)   Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.
      (8)   Each cluster unit should be designed to include a private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units.
      (9)   Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.
      (10)   In addition to its other uses, landscaping shall also be used to enhance the privacy of each dwelling unit and to lessen the intrusion of appurtenances, such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.
   (f)   Common Open Space. The common open space required by paragraph (d)(1)B. hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established below, wherever possible.
      (1)   Common open space shall be exclusive of all streets, non-recreational buildings and individually owned land.
      (2)   Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features.
      (3)   Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required open space, subject to these standards.
      (4)   Natural understory vegetation in wooded areas should be preserved. In areas where new landscaping is provided, the establishment of lawn areas should be minimized in favor of the use of mulch, low maintenance meadow grasses and other ground covers. These practices will maintain the natural character of the land as well as reduce environmental impact and long-term maintenance costs associated with lawn areas.
      (5)   Storm water detention areas may be received as full credit towards the open space requirement set forth in paragraph (d)(1)B. hereof if they are designed and improved for an appropriate open space or recreation use (such as a lake or playfield) in addition to storm water detention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum open space requirement.
(Ord. 93-20. Passed 2-2-93.)
      (6)   The required common open space provided for in paragraph (d)(1)B. hereof, shall be exclusive of the allocation of areas for public use provided for in Section 1246.08.
(Ord. 95-98. Passed 7-18-95.)
   (g)   Vehicular and Pedestrian Circulation.
      (1)   Vehicular circulation shall provide a logical pattern for residents as well as service and emergency vehicles. The street designs should provide adequate maneuvering room for all emergency vehicles.
      (2)   Walking paths are required along main vehicular circulation routes within the development. They are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts. They are also required near preserved natural features.
      (3)   Provisions must be made for public lighting of the circulation pattern of the cluster development. This could include private lampposts in the front yard of each dwelling unit and/or an overall lighting pattern considered common to the development.
   (h)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282, except as noted below.
      (1)   Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.
      (2)   Two off-street parking spaces must be provided on the driveway of each dwelling unit.
      (3)   One off-street parking space for every 300 square feet of a recreational "party center" within the cluster development shall be provided.
      (4)   The Planning Commission may require additional parking as deemed necessary.
(Ord. 93-20. Passed 2-2-93.)