Chapter 1126: Residential Districts: R1-C One-Family Detached Cluster


Cross references

  • District created - see P. & Z. 1119.01
  • Zoning map amendments - see APPENDIX B

1126.01   Intent

In addition to the applicable provisions stated in Section 1105.03, it is the intent of these regulations to achieve the following objectives:

  1. (a) Efficient use of facilities and improvements required in connection with residential development;

  2. (b) Provision of open space and preservation of important environmental values; and

  3. (c) Increased flexibility in the design and arrangement of single family detached residential development so as to minimize the impact on existing residential areas.
    (Ord. 2019-39. Passed 8-13-19.)

1126.02   Permitted uses

In the R1-C District, buildings and land shall be used by right for only the main and accessory uses set forth below.

  1. (a) Main Uses. One-family detached dwellings.

  2. (b) Accessory Uses.

    1. (1) Garages, driveways and walkways as regulated in Section 1125.04 (a) and (b) of this Planning and Zoning Code.

    2. (2) Landscape features as regulated in Section 1125.06 of this Planning and Zoning Code.

    3. (3) Fences, walls and hedges as regulated in Chapter 1148 of this Planning and Zoning Code.

    4. (4) Central air-conditioner units, generators, heat pumps, as regulated in Section 1125.04 (e) and (f) of this Planning and Zoning Code.

    5. (5) Signs, as regulated in Chapter 1143 of this Planning and Zoning Code.

    6. (6) Home occupations, renting of rooms as regulated in Section 1125.05 of this Planning and Zoning Code
      (Ord. 2019-39. Passed 8-13-19.)

1126.03   Development area

  1. (a) The application of this chapter is limited to the land area or areas so designated on the official Zoning Map.

  2. (b) The minimum development area shall be twenty contiguous acres and the total area shall be under one ownership at the time of application or the subject of a joint application.
    (Ord. 2019-39. Passed 8-13-19.)

1126.04   Determination of density

  1. (a) The legally permitted density shall be determined by a “yield plan” based on the R1-100 District requirements and for the purpose of density calculations assumes conventional lot and street layouts conforming to all Municipal regulations. Such plans shall be conceptual in nature, but may not include lots or streets that would not be permitted in a conventional layout. In no case shall the number of building lots or dwelling units permitted exceed the yield plan number of units or lots.

  2. (b) Lots in the R1-C District shall be occupied by not more than one (1) main building per lot.
    (Ord. 2019-39. Passed 8-13-19.)

1126.05   Development plan required; design criteria

A development plan shall be submitted in accordance with Chapter 1109. When reviewing such plans, the Planning and Zoning Commission shall use as a guide the standards of this chapter and the guidelines set forth below. Where strict application of these standards would serve no significant purpose, the Planning and Zoning Commission shall have the authority to waive, modify or apply additional standards so long as the convenience and general welfare of neighboring uses is maintained.

  1. (a) Lot and yard sizes shall be shown on the development plan and shall comply with the requirements of this chapter.

  2. (b) Area, Yard and Height requirements shall not be reduced to less than the requirements of Chapter 1125.03 for the R1-50 District.

  3. (c) Building sites shall be arranged to minimize disruption of scenic views and vistas.

  4. (d) The location, mass and spatial relationships of buildings shall emulate traditional village patterns and local character.

  5. (e) The arrangement of roads, driveways and lots shall be logically related to existing topography and land form.

  6. (f) Natural features such as hills and ridges, trees, wooded areas, rock outcroppings, ravines, and water courses shall be undisturbed insofar as possible.

  7. (g) Landscaping shall be required around the boundary of a Cluster Development to screen and lessen the impact of the development on surrounding properties. The buffer shall be landscaped in accordance with an approved landscape plan and shall be maintained as open space which may be included as part of the required common open space.

  8. (h) The plan shall not have an adverse impact on the scale and character of surrounding existing development.
    (Ord. 2019-39. Passed 8-13-19.)

1126.06   Maximum dwelling unit area

The dwelling unit area of each dwelling unit shall not exceed 2,800 square feet.
(Ord. 2019-39. Passed 8-13-19.)

1126.07   Open space required

  1. (a) A minimum of fifty percent (50%) of the gross acreage in a Cluster Development shall be retained as permanent open space with such areas indicated on a map submitted by the applicant.

  2. (b) The designated open space shall be designed to best preserve the natural qualities of the land and shall typically include all or part of the following resources:

    1. (1) Mature woodlands.

    2. (2) Top of ridge lines.

    3. (3) Aquifer recharge areas.

    4. (4) Areas with highly permeable soils.

    5. (5) Significant wildlife habitat areas.

    6. (6) Historic, archaeological or cultural features.

    7. (7) Scenic views into the property from existing public roads.

  3. (c) To the extent possible, designated open space shall be contiguous acreage. Except areas that by their nature have a linear configuration, such as buffers, waterbodies, or trail links, the length to width ratio of any parcel of open space shall not exceed 4:1.

  4. (d) Every effort shall be made to provide open space that will either connect or have potential to connect to contiguous areas to form a network of open space.

  5. (e) Stormwater management ponds or basins may be included as part of the minimum required open space.

  6. (f) Uses of the common open land shall be limited to conservation and natural preserve areas, and passive park type uses such as hiking trails,

  7. (g) The limits of designated open space shall be permanently and visibly marked in a manner so as to distinguish such open space from individual lots.

  8. (h) Common open space shall not be depleted, reduced in size or converted to any other use.
    (Ord. 2019-39. Passed 8-13-19.)

1126.08   Ownership and maintenance of open space

  1. (a) The applicant shall submit copies of the proposed documents which provide for the permanent preservation of open space at the time of application for development. No application shall be approved until such documents are acceptable to the Municipality and the Law Director in form and content.

  2. (b) Such common open space, proposed to be constructed in such space, shall be clearly delineated on the site plan together with descriptive data as to the methods to be employed to preserve and maintain such open space.

  3. (c) All common open space shown on the site plan must be owned in unencumbered fee simple title by an association or corporation solely owned and controlled by the dwelling unit owners, and subject to legally enforceable declarations and restrictions. Such declarations and restrictions shall grant enforcement rights to the Municipality as a third-party beneficiary and shall be reviewed by and must obtain approval of the Law Director before final approval for development will be granted.
    (Ord. 2019-39. Passed 8-13-19.)

1126.09   Access and circulation

  1. (a) Every lot shall have a minimum of fifty feet of contiguous frontage on a public or private street.

  2. (b) Private streets shall be clearly delineated on the development plan together with the descriptive data as to the compliance with the regulations of Chapter 1161 and the methods proposed for maintaining the private streets. In those cases where no request for public dedication is likely to be made, the Planning and Zoning Commission may authorize modifications to the requirements of Chapter 1161. Such authorization may include input from the Administrator, Municipal Engineer, Law Director and other Municipal officials as applicable.

  3. (c) The front yard setback of lots with frontage on a private street shall be measured from the edge of pavement or back of curb.

  4. (d) All private streets shown on the development plan shall be subject to legally enforceable reservations and restrictions acceptable to and enforceable by the Municipality, which will ensure the preservation of the private street in perpetuity.

  5. (e) Each development shall be served by a comprehensive walkway system, adequately separated from vehicular circulation.
    (Ord. 2019-39. Passed 8-13-19.)

1126.10   Supplemental regulations

  1. (a) Rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited.

  2. (b) Outside parking and storage of recreational vehicles is prohibited.

  3. (c) For regulations regarding off-street parking and loading, landscaping, lighting, signs and environmental performance, refer to Chapters 1141 - 1150 of the Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19.)