Overview
Regulations regarding cluster developments are found in Section 65.130 of the Zoning Code and are summarized below.
Definition
The arrangement of multiple one-family dwellings, two-family dwellings, and/or multiple-family dwellings of no more than four units, sharing a common open space on a single zoning lot.
Zoning Districts That Permit Cluster Developments
- RL-H2, RM1-RM2 residential districts (Sec. 66.221) – permitted use with conditional use permit option
Housing Types Permitted in a Cluster Development
- One-family dwellings (Sec. 65.111)
- Two-family dwellings (Sec. 65.112)
- Multiple-family dwellings (Sec. 65.113) with four or fewer units
Lot Size Requirements
(See Sec. 65.130(a))
- Minimum lot size: 9,600 square feet
- Maximum lot size: 1/2 acre (21,780 square feet)
- Exception: Parcels of record prior to August 1, 2023 that are larger than 1/2 acre are permitted
- Individual lots within a cluster development may have less than the required lot area for the zoning district provided such reductions are compensated for by an equivalent amount of property owned in common elsewhere in the cluster development. Lot area shall not include areas designated as public or private streets.
Applicable Zoning District Standards
(See Sec. 65.130(b))
- Lot Area Minimum (per principal unit): Zoning district (RL-H2) standard applies. Accessory dwelling units (ADUs) are not principal units and are not counted in this calculation. A minimum lot area per unit that is lower than that required by the zoning district may be permitted with a conditional use permit.
- Floor Area Ratio Maximum: Zoning district (RM1-RM2) standard applies.
- Lot Width Minimum: Zoning district (RL-H2) standard applies to the lot.
- Maximum Number of Principal Units Per Lot: Zoning district (RL-H2) standard does not apply.
- Building Height Maximum: Zoning district (RL-RM2) standard applies.
- Minimum Yard Setbacks: Zoning district (RL-RM2) standard applies.
- Maximum Lot Coverage for All Buildings: Zoning district (RL-H2) standard does not apply. The maximum lot coverage for all buildings in cluster developments is 45% in RL, 50% in H1, 55% in H2. There is no maximum lot coverage in RM1-RM2.
Accessory Buildings Standards
(See Sec. 65.130(d))
Accessory dwelling units (ADUs)
- A maximum of 1 per one-family dwelling in the cluster development is permitted.
- Accessory dwelling unit standards apply. See Sec. 65.913(b)-(e).
Accessory buildings
- Accessory buildings standards (Sec. 63.501(a)-(d)) apply, except the standard that limits non-dwelling accessory buildings to 3 buildings and 1,200 square foot of lot.
Principal Building Standards
(See Sec. 65.130(e))
- Each principal building must either have an entrance that abuts the common open space or must be directly connected to it by a pedestrian path.
- Principal buildings within 20 feet of a street property line may have their entrances facing the street and can connect to the common open space by the sidewalk in public rights-of-way that connects to the pedestrian path.
- Principal buildings not facing the common open space or the street must have their main entrances facing a pedestrian path that is directly connected to the common open space.
- Meet the building design standards in Sec. 63.110.
Common Open Space Requirements
(See Sec. 65.130(f))
- Must be a single, contiguous area.
- Must contain a minimum of 150 square feet per principal unit within the cluster development. Accessory dwelling units are not subject to this requirement.
- The common open space must be a minimum of 15 feet wide at its narrowest dimension.
- The common open space must contain landscaping, lawn area, community garden, paved courtyard area, recreational amenities, or a mix of any of these, and may also include stormwater management infrastructure. Impervious elements of the common open space must not exceed 75% percent of the total common area. Driveways and parking areas do not count as common open space.
Pedestrian Path Requirements
(See Sec. 65.130(g))
An accessible, hard-surfaced pedestrian path that is a minimum of 4 feet wide must be provided that connects an entrance of each dwelling to the following:
- The common open space;
- Parking areas, if applicable;
- Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks; and
- A community building, if applicable.
Community Building
(See Sec. 65.130(h))
A cluster development may include one community building, for the shared use of residents, that provides space for accessory uses such as a community meeting room, exercise room, day care, laundry facilities, non-commercial community kitchen, or eating area.
Off-Street Parking
(See Sec. 65.130(i))
- Off-street parking facilities for the cluster development must conform to the standards in Sec. 63.300.
Minimizing Alteration
(See Sec. 65.130(j))
- Individual lots, buildings, street and parking areas must be designed and situated to minimize alteration of the natural features and topography.
Conditional Use Permit Option
(See Sec. 65.130(k))
A minimum lot area per unit that is lower than that required by the zoning district may be permitted with a conditional use permit, subject to the following conditions:
- Applications must include site plans, including landscaping and elevations and other information the planning commission may request.
- The floor area of individual dwelling units must be limited to no more than six hundred (600) square feet.
- The development must not contain any accessory dwelling unit.
In addition, there are general conditions in Sec. 61.501 that must be met for all conditional use permits.