(a)   Purpose and Intent. It is the purpose of this section to obtain a more creative and efficient 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 R1-A and R1-B Districts. While maintaining the same overall dwelling unit densities established in the R1-A and R1-B Districts, single-family 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;
      (3)   Create a functional circulation system, separating pedestrian and vehicular circulation and providing ease of access for residents, service and emergency equipment; and
      (4)   Provide readily accessible recreation and open space areas.
   (b)   Scope and Review Procedures. (EDITOR'S NOTE:  Subsection (b) was repealed by Ordinance 95-215, passed January 16, 1996.)
   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained, in a single-family cluster development in accordance with the following:
      (1)   Main buildings and uses. Detached single-family cluster dwellings.
      (2)   Accessory buildings and uses.
         A.   A development recreational facility;
         B.   Gardens;
         C.   Sectional privacy fences;
         D.   Walls, pools and other recreational facilities on common land; and
         E.   Private garages and off-street parking.
   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a single-family cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of  residential units, open spaces 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)   Minimum development area.  A single-family cluster development must have a minimum development area of ten acres.  Single-family cluster developments are permitted as a part of a conventional single-family development, provided that the single-family cluster portion is ten acres.
      (2)   Density and open space.  The maximum densities allowed in single-family cluster developments are as follows:
         A.   R1-A Areas.  The maximum overall project density is 1.9 dwelling units per acre; the maximum density of developed area is six units per acre.
         B.   R1-B Areas.  The maximum overall project density is 2.4 dwelling units per acre; the maximum density of developed area is seven units per acre.
      (3)   Required Common Open Space.  A minimum fifty percent of the total area of the cluster development shall be set aside as common open space.  Common open space shall be further subject to the requirements of subsection (g) hereof. A minimum 100 feet of open space shall be maintained along major arterial roads.
      (4)   Cluster dwelling unit building minimum setback requirements.
         A.   Front yard.  Main structure and side entry garages: thirty feet from the edge of paving; front entry garages: forty feet from the edge of paving.
         B.   Rear Yard.  Fifty feet development property line, fifty feet between buildings.
         C.   Side Yards.
            1.   The following dimensions are to be maintained between buildings:
               a.   Between two one-story dwellings - ten feet;
               b.   Between a one-story dwelling and a two-story dwelling - twelve feet;
               c.   Between two two-story dwellings - fourteen feet; and
               d.   Between a side wall and rear wall - thirty-five feet.
            2.   The side yard of a single-family cluster dwelling unit shall be fifty feet from the development property line.
         D.   Corner lots.  A structure on a corner lot created by two local development streets shall be set back thirty feet from the pavement edge on the side street.
         E.   Driveways.  No single-family cluster dwelling units are permitted driveway access to a major arterial street or collector street.
         F.   Yards for accessory uses. Accessory buildings and detached garages commonly associated with R1-A and R1-B Districts are not permissible in a cluster development. An accessory use or building such as a recreational facility, which is part of the cluster development, shall maintain a setback of fifty feet from any development roadway or side or rear property line. Parking for such a facility may be located in the side or rear yard set forth above, but only to the distance of fifty feet off of residential  property lines. A recreational facility for a cluster development and its parking shall be at least 150 feet from the boundaries of the development.  The Planning Commission may require additional setbacks where, in its judgment, such additional space is necessary for the good of the community surrounding such development.
         G.   Modifications.  The Planning Commission may modify the above setback requirements to require greater distances to achieve the objectives stated in subsection (a) hereof.
   (e)   Cluster Unit Criteria. Cluster dwellings shall comply with the minimum floor area requirements for R1-A and R1-B Districts as shown in Section 1270.19.
   (f)   Cluster Development Design Criteria. In addition to the requirements of this section, single-family cluster developments shall be designed and buildings shall be located according to the criteria established in Section 1270.32(e).
   (g)   Common Open Space. The common open space required by paragraph (d)(3) 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 in subsection (f) hereof. In addition to the requirements of subsection (f) hereof, the following shall also apply:
      (1)   In order to insure that all portions of the open space network are useful for such purpose, no portion of the common open space shall have a dimension of less than fifty feet in order to be counted toward the fifty percent open space requirement.  Such requirement is subject to modification by the Planning Commission for smaller sections which are particularly well designed and meet the objectives of this section.
      (2)   Common open space shall be available and accessible to all residents of the single-family cluster development.
   (h)   Disposition of Common Open Space. Cluster developments shall receive approval subject to the submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:
      (1)   The instruments shall guarantee that open space, as shown on the final development plan, shall remain as such.
      (2)   Common open space and recreation facilities shall be deeded to a homeowners' association. Such homeowners' association shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners' association shall be mandatory for all property owners within a single-family cluster development.
      (3)   Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreational facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such government shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the common open space property and each property owner/member of the homeowners' association.
      (4)   When the single-family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by paragraph (d)(3) hereof. Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate.
   (i)   Park Land and Open Space Dedication.  Open space gained through clustering as required by paragraph (d)(3) hereof shall be considered separate from the open space required by Section 1246.08.
   (j)   Improvements. Notwithstanding anything in this Planning and Zoning Code to the contrary, utility improvements in a cluster area, if approved by the Planning Commission and the City Engineer, need not be installed in a dedicated right-of-way. In all instances where such improvements are not installed in a dedicated right-of-way, the developer shall grant temporary and/or permanent easements to the City, providing for access to the utilities by the City or other utility companies.
   (k)   Vehicular and Pedestrian Circulation. Vehicular circulation shall provide a logical pattern for residents as well as for service and emergency vehicles. The street design should provide adequate maneuvering room for all emergency and public safety vehicles.
      (1)   Except as otherwise provided in this chapter, all public improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. All streets in a cluster development may be offered for dedication to the City.
      (2)   Single-family cluster developments are required to provide stub streets where deemed necessary by the Planning Commission in order to create an interconnecting street pattern as required by Section 1246.02.
      (3)   Walking paths are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts, as well as near or through open space areas.
   (l)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282 in addition to items 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 each dwelling unit's driveway.
      (3)   One off-street parking space for every fifty 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. 95-99.  Passed 7-18-95.)