§ 72-304. Clustering of dwelling units and zero lot line residential subdivisions.

(a)

Purpose and intent: A development design technique that permits a reduction in lot area by concentrating building in a specific area to allow the remaining land to be used for recreation, open space, or preservation of environmentally sensitive areas. This technique allows for a reduction in lot area provided there is no increase in the number of lots that are permitted under a conventional subdivision.

(b)

The following regulations shall apply to cluster and zero lot line subdivisions:

(1)

The subdivision must be platted for this type of development, in accordance with the Land Development Code [article III].

(2)

Minimum lot size: 5,000 square feet.

Minimum lot width: 45 feet.

(3)

All lot area reduction amounts shall be combined to set aside an equivalent land area for common open space or for preserving environmentally sensitive areas that are not jurisdictional wetland under county, state or federal regulations. The set-aside area cannot be used for stormwater retention or detention.

(4)

The minimum setbacks for the principal structure shall be:

•

Front yard: 25 feet, except on a corner lot, one front yard may be reduced to 15 feet.

•

Rear yard: 20 feet.

•

Waterfront yard: 25 feet.

•

Side yard: 5 feet for non-zero lot line lots, 0 feet on one side and 15 feet on the other side yard for zero lot line lots.

•

Where a dwelling unit is located on a lot line, a legal provision acceptable to the county council shall be made for permanent access to maintain the exterior portion of the dwelling unit wall along the zero lot line.

•

Doors or other access openings are prohibited on the zero lot line side of the dwelling unit.

•

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent.

(5)

Accessory structures shall be located behind the frontmost part of the principal structure and shall have the following side and rear setbacks:

Rear yard: Five feet.

Waterfront yard: 25 feet.

Street side yard: 15 feet.

Side yard: Five feet.

(6)

The maximum permissible density of the cluster subdivision shall be consistent with that permitted by the corresponding future land use designation accorded the property by the future land use element of the comprehensive plan.

(7)

All other requirements of the applicable zoning classification shall be met.

(8)

All cluster and/or zero lot line subdivisions shall adhere to all applicable requirements of the Land Development Code.

(c)

[Repealed.]

(d)

Cluster Subdivisions: [Repealed.]

(Ord. No. 90-34, §§ 110, 111, 9-27-90; Ord. No. 91-11, § XXXI, 5-16-91; Ord. No. 94-4, §§ CIII—CV, 5-5-94; Ord. No. 98-25, § XLVIII, 12-17-98; Ord. No. 2008-25, § II, 12-4-08)