15-9-1: PURPOSE AND INTENT:

Cluster subdivisions are intended to allow flexibility in neighborhood and subdivision lot design by permitting the development of single-family and two-family dwellings on lots smaller than normally required for the zone in which the subdivision is located and by dedicating or reserving the land so saved to needed open space. It is not intended that this type of subdivision be universally applied, but only when circumstances or natural features and land use make it appropriate and of special benefit to the residents of the subdivision and surrounding area.

(Ord. 72-13, 7-6-1972)

15-9-2: GENERAL REGULATIONS:

   A.   Permitted Zones; Number Of Units: A cluster subdivision shall be a permitted use in R-1-10, R-1-8, R-1-6, and R-2 Zones and notwithstanding any other provisions of this title, the provisions as hereinafter set forth shall be applicable if any conflict exists; provided however, that no such cluster subdivision shall contain less than twenty five (25) dwelling units.

   B.   Minimum Lot Area Reduction: Where land is proposed for subdivisions into lots and a subdivider dedicates or permanently reserves land within the subdivision for recreational use or open space, a reduction in the minimum lot area required for the zone in which the cluster subdivision is located, may be approved by the Planning Commission, provided the provisions of this chapter are met; and further provided, that the cluster subdivision receives subdivision approval.

(Ord. 72-13, 7-6-1972)

15-9-3: SITE DEVELOPMENT STANDARDS:

   A.   Minimum Lot Area: The minimum lot area for dwellings may be reduced below the area normally required in the zone in which the cluster subdivision is located, but no lot shall have an area less than two-thirds (2/3) of the minimum lot area required for such dwelling in the respective zone.

   B.   Minimum Lot Width And Yard Setbacks: The minimum lot width, front yard setback and side yard setback may be reduced below the width, front yard and side yard normally required in the zone in which the cluster subdivision is located, but no lot shall have a width, front yard or side yard of less than three-fourths (3/4) of the minimum lot width, front yard or side yard required in the respective zone nor shall the front yard be less than eighteen feet (18') even if the application of this subsection would otherwise allow a greater reduction.

   C.   Zero Side Yard: Notwithstanding the provisions of subsection B of this section, one zero side yard may be permitted when approved by the Planning Commission and Mayor, and only if the following requirements are met:

      1.   The remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which it is located;

      2.   No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard; and

      3.   No zero side yard will be permitted on the lot side bordering a nonresidential zone, or on a residential lot not utilizing zero side yard provisions.

   D.   Yard Use And Height Regulations: Yard use and height regulations shall be the same as for the zone in which the cluster subdivision is located.

(Ord. 72-13, 7-6-1972; amd. Ord. 91-51, 12-19-1991; Ord. 2017-46, 10-24-2017)

15-9-4: OPEN SPACE PROVISION:

There shall be permanently reserved within the subdivision for recreation and/or open space, parcels of land whose total area is not less than the amount by which the areas of the residential lots are reduced below the minimum area normally required in the zone in which the cluster subdivision is located.

(Ord. 72-13, 7-6-1972)

15-9-5: OPEN SPACE PRESERVATION AND MAINTENANCE:

Recreation and/or open space areas to be permanently reserved shall be improved, landscaped, and maintained in accordance with a plan approved by the Planning Commission and the cluster subdivision provisions of the subdivision title.

(Ord. 72-13, 7-6-1972)

15-9-6: PROCEDURE:

A preliminary plan of the cluster subdivision showing the areas within the subdivision to be permanently reserved for recreation and/or open space, and plans showing the proposed use, improvements and method of maintenance of such areas shall be approved by the Planning Commission before the cluster subdivision proposal becomes a permitted use in the zone in which it is proposed.

(Ord. 72-13, 7-6-1972)

15-9-7: STREETS:

Streets shall be designed as to take advantage of open space vistas and to create drives with a rural or open-space character.

(Ord. 98-37, 6-16-1998)