§ 47-18.9. Single family dwelling, attached: Cluster.

A.

For the purposes of this section, a cluster development shall include one (1) or more cluster buildings located on the same development site.

B.

A cluster building shall include a single residential structure containing two (2), three (3), or four (4) dwelling units.

C.

Site design criteria. A single family dwelling: cluster, herein referred to as cluster development, shall meet the following design criteria:

1.

Lot requirements. The minimum lot size for a cluster development shall be as required by the zoning district where it is located.

2.

Density. The density is determined by the regulations governing the zoning district where the cluster development is located.

3.

Access to cluster developments shall meet the following requirements:

a.

Dwelling units within cluster buildings shall have access from a shared driveway or from individual driveways fronting an alley.

b.

Parking facilities and garages for cluster buildings with a facade facing a right-of-way, other than an alley, shall be provided in the side or rear of the cluster building.

c.

Each dwelling unit shall have vehicular access to an alley, paved driveway or parking area serving the group. Private driveways shall be provided in accordance with Section 47-20.5.D. Provisions satisfactory to the city attorney shall be made for a recordable easement over the driveway for all public utilities and for use by owners within the group.

d.

Those cluster developments located on a corner lot may have one (1) garage with an opening facing toward the right-of-way abutting each corner side yard. The garage facing the right-of-way shall be subject to the following requirements:

i.

The garage shall be limited to a width equivalent to a maximum of fifty (50) percent of the width of the dwelling unit. The width shall be measured as the linear dimension of the garage that is visible from the street, such as the garage door; and,

ii.

The garage shall be set back an additional two (2) feet from the principal facade of the building or eighteen (18) feet from the property line, whichever is greater.

4.

Yard requirements. Yard requirements shall be measured from the property lines of the development site, as established in Section 47-2.2, unless otherwise noted.

a.

Front yard. The front yard of a cluster building abutting a public right-of-way shall be a minimum of fifteen (15) feet. A five-foot easement along the front property line of the cluster building is required when a fee simple lot within the cluster development does not directly abut the public right-of way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the front property line of the cluster building for use by the owners of the units.

b.

Corner yards. A cluster building abutting two (2) or more public rights-of-way shall provide a minimum corner yard of fifteen (15) feet. A five (5) foot easement shall be required along the corner property line of the cluster development when a fee simple lot within the cluster development does not directly abut the public right-of-way. Provisions satisfactory to the city attorney shall be made for a recordable easement along the corner property line of the cluster building for use by the owners of the units.

c.

Side yards. The minimum side yard shall be the same as required by the zoning district where the cluster building is located. A five (5) foot easement shall be granted along the side property line of the cluster development.

d.

Rear yard. The minimum rear yard shall be as required by the zoning district where the cluster building is located. A five (5) foot easement is required to be granted along the rear property line of the cluster development. Provisions satisfactory to the city attorney shall be made for a five (5) foot recordable easement along the rear property line of the cluster building for use by the owners of the dwelling units in that building.

e.

Interior separations. Buildings within the development shall be separated by a minimum of ten (10) feet from each other.

f.

Additional setbacks.

i.

A minimum of twenty-five (25) percent of the front facade shall be set back a minimum of an additional five (5) feet from the rest of the front facade.

ii.

A minimum of twenty-five (25) percent of the rear facade shall be set back a minimum of an additional five (5) feet from the rest of the rear facade.

iii.

A minimum of twenty-five (25) percent of any portion of the facade area abutting a waterway shall be set back a minimum of an additional five (5) feet from the rest of the facade facing the waterway.

iv.

A minimum of twenty-five (25) percent of an interior facade must be recessed at least two (2) feet.

v.

When any portion of a cluster building abutting the side yard for the development site exceeds twenty-two (22) feet in height, that portion of the structure shall be set back an additional one (1) foot for each foot of height above twenty-two (22) feet.

5.

Architectural elements.

a.

A cluster building shall be designed to provide a minimum of twenty-five (25) percent of the area of the front facade in the form of transparent glass.

b.

When abutting a waterway, the facade of the cluster building facing the waterway shall provide additional architectural elements such as, but not limited to, unenclosed balconies, variation of rooflines between each unit.

6.

Entrance requirements. Each dwelling unit facing a public right-of-way, other than an alley, must have its own principal entrance visible from and facing the right-of-way and shall include the following:

a.

A roofed concrete landing and;

b.

An architectural design and material similar to and integral with the principal structure and;

c.

A minimum of four (4) linear feet shall be provided between principal entrances and;

d.

The roofed landing may encroach into the front yard an additional three (3) feet and;

e.

For individual dwelling units facing more than one (1) right-of-way, only one (1) entrance will be required.

7.

Minimum floor area. Each individual dwelling unit shall have a minimum floor area of seven hundred fifty (750) square feet.

8.

Height. The maximum height shall not exceed thirty-five (35) feet. See Section 47-2, Measurements.

9.

Fence and wall requirements.

a.

Seventy-five (75) percent of all fences or walls within the front yard setback must be of non-opaque materials such as, but not limited to, vertical bars or picket fence.

b.

A wall or fence shall be installed between the development site and any neighboring residential property abutting the development site subject to the requirements of Section 47-19.5 unless this requirement is waived by approval of the planning and zoning board as part of the site plan review process.

10.

Maintenance agreement. A cluster development shall have a recorded maintenance agreement for all common areas and any required guest parking spaces.

11.

Sidewalk requirements. A cluster development shall provide the following:

a.

A minimum five (5) foot wide sidewalk along each public street abutting the property along the full length of the front property line.

b.

A minimum three (3) foot wide sidewalk shall connect the front entrances with the sidewalk along the right-of-way unless an alternative pedestrian access to the public sidewalk is approved by the department.

12.

Street tree requirements. Street trees shall be planted and maintained along the public right-of-way abutting the property to provide a canopy effect. The type of street trees may include shade, flowering and palm trees and shall be planted at a minimum height and size in accordance with the requirements of Section 47-21, Landscape and Tree Preservation Requirements. The location and number of trees shall be determined by the department based on building and site design, separation distance, utility infrastructure and the proposed plan's compatibility to surrounding properties.

13.

Landscape requirements. As required by the zoning district where located, pursuant to Section 47-21-13, Landscape requirements for all zoned districts.

14.

Solid waste, yard waste, and recycling requirements. Each cluster unit shall have incorporated into the design a designated area to locate containers that meet the requirements of Chapter 24 of the city's Code of Ordinances. The size of the containers and alternatives to these requirements may be permitted subject to approval of the public works department, sanitation division.

(Ord. No. C-97-19, § 1(47-18.8), 6-18-97; Ord. No. C-17-02 , § 1, 3-7-17; Ord. No. C-17-47 , § 21, 1-3-18)