§ 6-3-122. Incentives for cluster development.

(a)

Definition and purpose. A cluster development is a grouping of residential, commercial or industrial land uses within a development site. Lot sizes and setbacks are reduced in exchange for preservation of rural character and substantial amounts of open space. While clustering can help protect environmentally sensitive areas, forests, rural character, visual quality, and historic sites, it can also substantially reduce the cost of site, street and infrastructure construction for a development. Its purpose is to encourage the erection of cluster housing in those areas appropriate to such use, subject to the conditions and safeguards which will promote the purpose of zoning and the comprehensive plan. In addition to or in modification of other applicable provisions and requirements, the following provisions shall apply in the case of cluster housing developments;

(b)

Intent to utilize clustering option. In order to use the cluster development option, developers must declare their intent to use the cluster development provisions at the time that the preliminary plat for the subdivision is submitted.

(c)

Density incentives. The overall density of the development shall be calculated using the development standards of the zoning district in which the development occurs. A percentage of preserved open space shall be established. The open space percentage shall be at least 25 percent. The land uses may then be "clustered" together on the remaining portion of the property. The minimum lot area, minimum lot width and minimum setbacks of the zoning district may be reduced by the same percentage as the open space percentage.

(d)

Open space defined; use of preserved open space. For the purposes of this article, open space is defined as any area that is not divided into private building lots, streets or rights-of-way. It is that land area devoted to common use by all the homeowners, exclusive of parking areas, street rights-of-way, which is designed to meet the primary objective of supplying open space or recreational needs. Open space areas used to qualify for bonus density may be used for agriculture, forestry, undeveloped (passive) open space areas, nature preserves, and wildlife habitat areas.

(e)

Resources to be preserved. To the maximum extent feasible, open space areas used to satisfy cluster requirements shall be located to preserve a site's most significant environmental, historic, cultural, and natural resources. Determination of the areas to be set aside as open space areas within a cluster development shall be based on a site-specific analysis prepared by the applicant and submitted with the preliminary plat. The site analysis shall identify topography, natural features, environmental resources, existing buildings, fences, tree lines, woodlands, pastures, bridges, ponds, fence lines, hedgerows and proposed building envelopes.

(f)

Development restrictions. All open space areas used to satisfy bonus density requirements and all open space subdivisions shall be permanently restricted from further subdivision and further development. The form of such restriction shall require express approval of the city/county planning department.

(g)

Minimum setbacks. The minimum setback from the exterior property lines for a cluster housing development shall be 30 feet.

(h)

Minimum required open space. For attached cluster housing developments, a minimum of 30 percent common ownership open space shall be required, exclusive of parking areas and roadways. For detached cluster housing, a minimum of 25 percent common ownership open space shall be required, exclusive of parking areas and roadways.

(i)

Minimum space between buildings. The minimum spacing between principal buildings in an attached cluster housing development shall not be less than 20 feet. The minimum spacing between principal buildings in a detached cluster housing development shall not be less than ten feet.

(j)

Minimum size for a cluster housing development. The minimum site size for a cluster development shall be five acres in size.

(k)

Other lot requirements. Notwithstanding other provisions of this chapter, lots within a cluster development are not subject to minimum lot area, lot width or lot frontage.

(Ord. No. 11-04, § 1, 5-4-04)