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(A) In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by § 153.135 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:
Zone | Minimum Square Feet |
Zone | Minimum Square Feet |
A-5 | 10,000 |
R-6, RM-6 | 4,000 |
R-8, RM-8 | 5,000 |
R-10 | 5,000 |
RM-10 | 5,000 |
R-15 | 7,000 |
R-20 | 8,000 |
(B) The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs without increasing the density beyond what would be permissible if the land were subdivided into the size lots required by § 153.135.
(C) The amount of usable open space that must be set aside shall be determined by:
(1) Subtracting from the standard square footage requirement set forth in § 153.135, the amount of square footage of each lot that is smaller than that standard; and
(2) Adding together the results obtained in division (C)(1) above for each lot.
(E) The setback requirements of § 153.142 shall not apply in cluster subdivisions. However, front, side and rear lot setbacks shall be provided on said lot in no less than the same proportion to those required in the said zoning district in which the cluster subdivision is located.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
No accessory building shall be erected in any required front yard or within three feet of any lot line not a street line. An unattached accessory building or use may be located in a side or rear yard; provided it is located a distance of not less than eight feet from the principal building and three feet from the rear yard line; and provided further that not more than 30% of the total lot area is covered by buildings. On reversed corner or double-frontage lots, no accessory building shall extend beyond the front yard line of the lot to its rear.
(Ord. passed 4-9-2013; Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)
OPEN SPACE
(A) Except as provided in division (C) below, all residential subdivisions containing 31 or more single-family or duplex houses, or multi-family developments containing ten or more dwelling units, or planned unit developments shall be developed so that a minimum of 20% of the total area of the development remains as usable open space. For purposes of this chapter, the term DEVELOPMENT refers to the entire development developed out of a single tract or contiguous multiple tracts under common ownership regardless of whether the development is constructed in phases or stages.
(B) For purposes of this section, USABLE OPEN SPACE means an area that:
(1) Is not encumbered with any substantial structure;
(2) Is not devoted to use as a street (including right-of-way), parking area or sidewalk;
(3) Is left in its natural or undisturbed state if wooded (as of the date development began), or is properly planted and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives set forth in division (B)(4) below;
(4) Is protected with a conservation easement to ensure the preservation and maintenance of such open space in perpetuity;
(5) Is capable of being used and enjoyed for purposes of recreation and relaxation; and
(6) Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pursuant to § 153.163.
(7) No more than 40% of the open space may be wetlands.
(C) Residential subdivisions that are not required to provide usable open space may provide said open space if:
(1) The town, a homeowners’ association or similar organization that satisfies the criteria set forth in § 153.164 agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made; and
(2) The town, the homeowners’ association or similar organization that satisfies the criteria set forth in § 153.164 agrees to become the holder of the required conservation easement, in which case it will execute a legally binding agreement governing the preservation and maintenance of the open space and be responsible for upholding the terms of that easement.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)
(A) Notwithstanding § 153.160, the development of recreational facilities in the form of mini-parks may be used to satisfy the 5% open space requirements of this subchapter. The purpose of mini-parks is to provide recreational facilities to serve the immediate surrounding neighborhood and, most especially, to provide a convenient and attractive area in which to observe and supervise the play of young children during daytime hours. Mini-parks are intended for active use. Larger mini-parks may have multi-purpose hardcourts. Smaller mini-parks may be equipped with play apparatus and minimum seating accommodations. All mini-parks shall be attractively landscaped and shall be provided with sufficient natural or human-made semi-opaque screening (as provided in §§ 153.230 through 153.236) to minimize any negative impacts of the mini-park upon adjacent residences.
(B) Tennis courts and swimming pools shall be counted as mini-parks for purposes of satisfying the requirements of this subchapter; except that not more than 75% of this requirement can be met by the square footage devoted to swimming pools and tennis courts. Community buildings shall not be regarded as mini-parks.
(C) Each mini-park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve. The approximate population that each mini-park is designed to serve can be determined by dividing the number of square feet in the park by 110.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) Except as provided in § 153.163, usable open space required to be provided by the developer in accordance with this subchapter shall not be dedicated to the public, but shall remain under the ownership and control of the developer (or his or her successor) or a homeowners' association or similar organization that satisfies the criteria established in § 153.164.
(B) The person or entity identified in division (A) above as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) (1) If any portion of any tract proposed for residential development lies within an area designated in an officially adopted town park plan as a neighborhood park or part of any proposed greenway system or bikeway system, the area so designated (not exceeding 5% of the total tract area) shall be included as part of the area set aside to satisfy the requirement of § 153.160.
(2) This area shall be dedicated to public use.
(B) If more than 5% of a lot proposed for residential development lies within an area designated as provided in division (A) above, the town may attempt to acquire the additional land in the following manner:
(1) The developer may be encouraged to resort to the procedures authorized in § 153.145 and to dedicate the common open space thereby created; or
(2) The town may purchase or condemn the land.
(C) The town reserves the right to accept a dedication of property that is not a part of an official town park plan if it sees fit to do so to meet the recreational needs of the development.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
Homeowners' associations or similar legal entities that, pursuant to § 153.162, are responsible for the maintenance and control of common areas, including open space and recreational facilities, shall be established in such a manner that:
(A) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;
(B) The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities; and
(C) The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
The requirements set forth in this subchapter concerning the amount, size, location and nature of usable open space to be provided in connection with residential developments are established by the town as standards that presumptively will result in the provision of the amount of open space that is consistent with officially adopted town plans. The town recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this subchapter may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Zoning Administrator, with the concurrence of the Director of Parks and Recreation and the Director of Planning and Inspections, is authorized to permit minor deviations from these standards whenever it determines that:
(1) The objectives underlying these standards can be met without strict adherence to them; and
(2) Because of peculiarities in the developer's tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.
(B) Whenever the Zoning Administrator authorizes some deviation from the standards set forth in this subchapter pursuant to division (A) above, the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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