§ 153.483 LOT SIZE VARIATION PROCEDURE.
   (A)   Generally. The lot size for cluster subdivision developments within the R-1, R-2, R-3, and R-5 Residential Districts may be averaged or reduced from those sizes required by the applicable zoning district within which such development is located by compliance with the following procedures.
   (B)   Site acreage computation.
      (1)   The acreage proposed for a cluster subdivision development shall be computed to determine the total land area available for development into lots under the minimum lot size requirements of the applicable zoning district in which the proposed cluster subdivision development is located.
      (2)   In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots or dwelling units that may be created under the procedure: land use by public utilities as easements for major facilities, such as electric transmission lines, sewer lines, water mains, or other similar lands which are not available to the owner because of such easements.
   (C)   Maximum number of lots and dwelling units. After the total gross area available for development has been determined by the above procedure, the maximum number of lots or dwelling units that may be approved within the subdivision development shall be computed by subtracting from the total gross area available, a fixed percentage of such total for street right-of-way purposes, and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the cluster subdivision development is located.
      (1)   The fixed percentages of street right-of-way purposes to be subtracted from the total gross area available for development shall be 20%. This percentage shall apply regardless of the amount of land actually required for street right-of-way.
      (2)   Under this procedure, individual lots may be reduced in area below the minimum lot size required by the zoning district in which the cluster subdivision development is located; provided, that the total number of dwelling units or lots created within the development is not more than the maximum number that would be allowed if the tract were developed under the minimum lot area requirements of the applicable zone district in which it is located.
   (D)   Permissive minimum lot area. Notwithstanding other procedures set forth in this subchapter, lot sizes within cluster subdivisions shall not be varied or reduced in area below 30% of the lot size required in the zoned district in which it is located. The lot width shall not be less than 55 feet.
   (E)   Minimum yard requirements. Under the lot averaging or reduction procedure, each lot shall have at least the following minimum yards:
      (1)   Front yards - 25 feet from all dwellings.
      (2)   Side yards - 6 feet on each side.
      (3)   Rear yards - 25 feet for all dwellings.
      (4)   Building height - shall not exceed 35 feet and accessory buildings shall not exceed a height of 15 feet.
(Ord. 8-96, § 703.04, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999