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Kent County, DE
 
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Table of Contents
Table of Contents
Code
New Laws (22) Index
A. 
The Kent County Department of Planning Services, Division of Planning, will encourage cluster subdivisions within the AC, AR, RS1 and the RS5 Zoning Districts in Kent County. A cluster development is a residential subdivision in which dwelling units are grouped, leaving land undivided and undeveloped for community or agricultural use. Developers may group dwelling units on lots which are smaller than what may be required in a given zoning district, provided that the overall density of the tract remains within the density required of the zoning district in which the subdivision is located.
B. 
Benefits of cluster subdivisions:
(1) 
Cluster development benefits the environment by permitting development which is sensitive to the nature of the terrain and by reducing impervious surfaces. This facilitates the preservation of interesting natural features which may be present on a tract of land such as water features, mature woodland, etc.
(2) 
Cluster development also benefits the housing consumer by reducing the construction cost of development, thereby reducing the final costs of the product.
The intent of this section is to authorize the developer to decrease lot sizes and leave the remainder of a tract of land as usable open space, thereby lowering development costs.
[Amended 3-25-2008 by Ord. No. 08-05; 12-15-2009 by Ord. No. 09-33[1]]
A. 
In the AC, AR, RS1 and RS5 Zoning Districts, a developer may create lots which may be smaller than those required in the zoning district in which the tract is located, if the developer complies with the provisions set forth in these regulations.
B. 
All lot reductions in a cluster development shall be compensated for by an equivalent amount of land in open space to be preserved and maintained for its scenic value, recreation, agriculture or conservation purposes.
C. 
In approval of a cluster subdivision, in no case shall the maximum density for the applicable district be modified or changed.
D. 
All cluster subdivisions shall be served by public water and sewer, except that individual on-site septic and water in accordance with the provisions of Chapter 187 may be used outside the Growth Zone Overlay, with a minimum lot size of one-half acre, at the discretion of Levy Court.
[1]
Editor's Note: This ordinance provided that any subdivision and land development projects that have received preliminary plan approval by the Regional Planning Commission, or Levy Court approval in the case of planned unit developments and cluster subdivisions, shall not be subject to its provisions for as long as their approval remains valid.
Approval of a cluster subdivision shall be granted only if all other subdivision regulations have been met and evidence is presented which establishes the following:
A. 
Individual lots, buildings, streets and parking areas shall be designed to minimize alteration of the natural site features to be preserved.
B. 
The usability of cluster open space intended for a recreation or public use shall be determined by the size, shape, topography and location requirements of the particular purpose proposed for the site.
C. 
Cluster open space shall include irreplaceable natural features, such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, wetlands or cultural features.
D. 
Cluster open space intended for recreation or public use shall be easily accessible to pedestrians, and accessibility shall meet the needs of the handicapped and elderly.
E. 
The suitability of cluster open space intended for scenic value and purposes shall be determined by its visibility from a significant number of units or buildings or length of public or private streets.
F. 
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
G. 
Individual lots, buildings and units shall be arranged and situated to relate to surrounding properties, to improve the view from the buildings, and to lessen the land area devoted to motor vehicle access.
H. 
Individual lots, buildings, units and parking areas shall be situated to avoid the adverse effects of shadows, noise and traffic on the residents of the site.
I. 
All residential structures within a cluster subdivision shall front on and gain access from an interior subdivision street, parking area or court. In no instance shall a residential structure in a cluster subdivision be accessible from a County or state highway.
Any cluster subdivision shall have a site area not less than the following:
A. 
Twenty-five acres in an AC and AR Zoning District.
B. 
Fifteen acres in an RS1 Zoning District.
C. 
Ten acres in an RS5 Zoning District.
Permitted housing types in a cluster subdivision vary by zoning district.
Cluster Development
Permitted Housing Type by Zoning District
Table 6-1
Housing Type
District
1
2
3
4
5
6
7
  AC and AR
X
X
X
  RS1
X
X
X
X
X
  RS5
X
X
X
X
X
X
X
Housing Types
1
Single-family detached homes
2
Lot line homes
3
Village homes
4
Patio homes
5
Duplex/semidetached homes
6
Town homes
7
Multiplex homes
Minimum lot size and yard requirements in any cluster subdivision will vary as to type of dwelling. More than one dwelling type is permitted in any given cluster development in the AC, AR, RS1 and the RS5 Zoning Districts. The following is a listing of the lot size and yard requirements by housing type in a cluster development in which they are located:
A. 
Single-family detached house. A single-family detached dwelling located on a privately owned lot which has private yards on all four sides of the dwelling:
Zoning District
AC and AR
RS1 and RS5
Minimum lot area (square feet)
10,000
7,500
Maximum floor ratio
.30
.35
Minimum yards (feet)
Front
30
25
Side
10
10
Rear
30
25
Minimum lot width (feet)
80
60
Minimum lot frontage (feet)
35
35
Number of off-street parking spaces
2
2
B. 
Lot line house. A single-family fully detached dwelling located on an individual lot which is set on the lot line. House windows and doors are prohibited in that wall of the house on the lot line. Either a five-foot maintenance easement shall be provided on the neighboring property, or the lot line house may be set back 15 feet from the line, or recreation, planting and use easements may be granted to the adjacent owner. In addition the following table specifies the minimum standards for a lot line house:
Minimum lot area (square feet)
6,200
Maximum floor ratio
.25
Minimum yards (feet)
Street to house
20
Street to garage
5
Rear
20
Minimum building spacing (feet)
25
Minimum lot width (feet)
70
Off-street parking spaces
2
C. 
Village house.
(1) 
A single-family dwelling fully detached from neighboring structures. The village house is distinguished by very small front and side yards. The placement of the unit close to the street requires special landscaping or architectural treatment, specified in detail below. The required landscaping is a definitional element of the unit.
[Amended 11-25-2008 by Ord. No. 08-27]
Minimum lot area (in square feet)
6,000
Maximum floor ratio
.35
Minimum yards (feet)
Street to house
15
Street to garage
5
Side
5
Rear
25
Minimum lot width (feet)
60
Off-street parking spaces
2
(2) 
The yards of village houses that front on streets are very small and shall be landscaped or the units built to include the installation of at least two of the following six landscaping or architectural treatments to ensure adequate separation and protection from street activities:
(a) 
Two canopy trees and three evergreen or understory trees or six evergreen or understory trees.
(b) 
A porch which is roofed but not enclosed and extends across 3/4 (.75) of the front of the house and is at least seven feet in width.
(c) 
A front yard raised above the grade of sidewalk by at least 24 inches and four flowering or evergreen shrubs per street face.
(d) 
An ornamental fence or wall between 24 inches and 36 inches in height, and five flowering or evergreen shrubs per street face.
(e) 
Twenty flowering or evergreen shrubs or 10 flowering or evergreen, 20 hedge plants and two understory trees.
(f) 
A berm or raised area averaging 18 inches above grade of the rest of the yard and covering 40% of such yard, with four understory or evergreen trees and six flowering or evergreen shrubs.
D. 
Patio house. A detached or semidetached single-family dwelling with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, thus creating a private yard area between the house and the wall. Side and rear walls shall be seven feet in height and the front wall shall average six feet in height. That portion of the yard or patio area comprising minimum patio area is this housing type's minimum yard area. All living spaces, such as living rooms, dens and bedrooms shall face the yard or patio. The following table specifies the minimum standards for a patio home:
Minimum lot area (in square feet)
4,500
Maximum floor ratio
.50
Maximum yard width (feet)
8
Minimum patio area (square feet)
1,000
Minimum patio width (feet)
20
Maximum height (feet)
28
Off-street parking spaces
2.5
E. 
Duplex. A semidetached single-family dwelling. The structure has one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The following table specifies the minimum standards for a duplex, per unit:
Minimum lot area (square feet)
4,000
Maximum floor ratio
.32
Minimum lot width (feet)
50
Minimum yards (feet)
Street to house
20
Street to garage
10
Side
10
Rear
15
Off-street parking spaces
2.5
F. 
Townhouse. A single-family attached unit, with a single unit going from ground to roof, and with individual outside access. Rows of attached townhouses shall average no more than six dwelling units. The following table specifies the minimum standards for townhouses:
Minimum lot area (in square feet)
1,600
Maximum floor ratio
.60
Minimum lot width (feet)
16
Minimum yards (feet)
Front
10
Rear
15
Maximum building height (feet)
28
Off-street parking spaces
2.5
G. 
Multiplex. A single-family attached dwelling or a multiple-family dwelling unit. Each unit may take direct access to a private yard or access point, or units may share yards and access. The units may be arranged in a variety of configurations, including back to back, side to side, or vertically; however, no more than six units shall be attached in any single building. The following table specifies the minimum standards for a multiplex structure:
Minimum lot area (square feet)
2,000 (per unit)
Minimum floor ratio
.65
Minimum yards (feet)
Street to house
25
Side
15
Rear
15
Maximum building height (feet)
35
Off-street parking spaces
2.5
The amount of open space which must be provided in a cluster development shall be calculated by the following method:
A. 
Subtracting the amount of the minimum lot area (in square feet) from the standard lot size (in square feet) for the district in which the cluster subdivision is located.
B. 
Adding together the result of each lot calculation.
Example:
Standard lot size permitted in zoning  district
Minimum lot size permitted in cluster development
3/4 acre or 32,670 square feet
7,500 square feet
32,670
-7,500
25,170 square feet of open space required
C. 
Up to 1/3 of the required open space may be located in a one-hundred-year floodplain.
D. 
Cluster open space shall not include areas devoted to public or private vehicular streets or any land which has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as schools or other public facilities.
E. 
The land must be set aside (and usable) for recreation, agriculture or conservation, and shall be shown on an approved subdivision plan. Recreational areas shall be accessible to all residents of the subdivision.
F. 
A minimum area of open space must be reserved for the residents of the subdivision as prescribed by Chapter 187, Subdivision of Land. Cluster open space dedicated to agricultural uses shall not be considered as required recreational open space.
Open space in a cluster subdivision shall be protected by legal arrangement satisfactory to the Levy Court and sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the cluster open space; method of maintenance; responsibility for maintenance; taxes and insurance; compulsory membership or compulsory assessment provisions; guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Levy Court; and any other specifications deemed necessary by the Levy Court.