[CC 1979 App. C §1; Ord. No. 85-13, 4-2-1985]
As used in this Chapter the following terms shall have these
prescribed meanings:
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally
sensitive features.
A form of residential development that permits a reduction
in lot area and bulk requirements, provided there is no increase in
the number of lots permitted under conventional subdivision and the
resultant land area is devoted to prescribed common or public uses
such as open space or recreation.
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two (2) or more sides by such building or buildings.
A court other than an outer court. The length of an inner
court is the minimum horizontal dimension measured parallel to its
longest side. The width of an inner court is the minimum horizontal
dimension measured at right angles to its length.
A court the full width of which opens upon a required yard
or street or alley. The width of an outer court is the minimum horizontal
dimension measured at right angles to its width.
[CC 1979 App. C §2; Ord. No. 85-13, 4-2-1985]
A.
The
purpose of cluster development is to permit a procedure for development
which will result in improved living and working environments; which
will promote more economic subdivision layout; which will encourage
a variety of types of residential dwellings; which will encourage
ingenuity and originality in total subdivision and individual site
design; and which can preserve open space to serve recreational, scenic,
and public service purposes, and other purposes related thereto, within
the densities established for the cluster net tract area. To achieve
these goals:
1.
Variations in lot areas and lot widths are permitted.
2.
Flexibility in forms of property ownership is permitted.
3.
A greater variety of building types is permitted in residential zones.
4.
Procedures are established to assure adequate maintenance and restricted
use of open space areas for the benefit of the inhabitants of the
subdivisions or for dedication to public use.
5.
Procedures are established to assure adequate protection of existing
and potential developments adjoining the proposed cluster development.
[CC 1979 App. C §3; Ord. No. 85-13, 4-2-1985]
A.
Uses
specified in the particular Zoning District only are permitted.
B.
Cluster
developments shall consist of at least five (5) dwelling units except
that cluster developments that are found by the Planning and Zoning
Commission to be a logical extension of an existing or approved cluster
development may contain fewer dwelling units.
[CC 1979 App. C §4; Ord. No. 85-13, 4-2-1985]
A.
Modification of Yard and Lot Requirements. Modification
of yard and lot requirements including minimum lot widths and maximum
lot coverage may be permitted. Such modifications and variations must
be shown on the cluster preliminary subdivision plat.
C.
Minimum dwelling size. Same as District "R-2".
D.
Public sewer and water required. All dwellings and other
buildings shall be served with public sewer and water facilities.
[CC 1979 App. C §5; Ord. No. 85-13, 4-2-1985]
A.
Cluster
commercial and industrial subdivisions may be approved provided:
[CC 1979 App. C §6; Ord. No. 85-13, 4-2-1985]
A.
In
each zone allowing cluster housing development, the lot size may be
reduced from the minimum lot area prescribed for that zone to the
minimum lot size for cluster development. All such lot reductions
shall be compensated for by an equivalent amount of land in open space
or common area to be preserved and maintained for its scenic or historic
value, for recreation or conservation purposes, or for schools, community
buildings, historic buildings or sites, or related uses. Common open
space or common area 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.
B.
Public Ownership. Open space or common area within cluster
housing developments may be offered for dedication to the public at
the time of application. The Planning and Zoning Commission and City
Council or other appropriate public body may accept such dedication
upon a finding that the size, location, type of development or cost
of development or maintenance of such open space or common area or
the availability of public open space would make public use desirable
or necessary.
It is, further, the intent of this division to encourage the
provision of lands for public recreational and educational purposes.
To this end, if land area(s) within a cluster housing development
are accepted for public park or public school use, the lot sizes within
the development may be reduced by an amount equal to two (2) times
the land area dedicated for public park or public school purposes.
In no case, however, shall the minimum lot sizes prescribed in the
previous Section be reduced.
C.
Private Ownership. Common open space and common improvement
not dedicated to public use shall be protected by legal arrangements,
satisfactory to the Planning and Zoning Commission and City Council,
sufficient to assure its maintenance and preservation for whatever
purpose it is intended and in accordance with this Chapter. Covenants
or other legal arrangements shall specify ownership of the common
open space; method of maintenance, responsibility for maintenance,
maintenance taxes and insurance; compulsory membership and compulsory
assessment provisions; guarantees that any association formed to own
and maintain common open space will not be dissolved without the consent
of the Planning and Zoning Commission and City Council and any other
specifications deemed necessary by the Planning and Zoning Commission
and City Council.
D.
Height and Area Regulations. The height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (for exceptions see Section 405.210, "Height and area regulations".
1.
Height. Buildings or structures shall not exceed
forty-five (45) feet or three (3) stories in height.
2.
Front yards. Same as District "R-1".
3.
Side yards. Same as District "R-1", including regulations
for corner lots.
4.
Rear yards. Same as District "R-1".
5.
Lot width. Same as District "R-1".
6.
Minimum dwelling size. Same as District "R-2".
[CC 1979 App. C §7; Ord. No. 85-13, 4-2-1985]
A.
No
cluster development may be constructed except in accordance with a
preliminary subdivision plat approved by the Planning and Zoning Commission.
B.
An
approved preliminary subdivision plat for a cluster development shall
provide for a total environment better than that which could be achieved
under standard regulations. If, in the opinion of the Planning and
Zoning Commission, the proposed plan could be improved in respect
to the criteria listed below by the reasonable modification of the
location of common open space or buildings or configurations of lots,
streets, and parking areas, the proposed plan shall be so modified
or denied.
C.
A permit
for a cluster development shall be granted only if evidence is presented
which establishes:
1.
That the proposed development will be in harmony with the general
purposes, goals, objectives, and standards of the master plan, this
Chapter and the subdivision regulations.
2.
That the proposed building or use complies with all applicable regulations
of this Chapter except as modified pursuant to the authority of this
Section.
3.
That the proposed building or use will not have a substantial or
undue adverse effect upon adjacent property, the character of the
neighborhood, traffic conditions, parking utility facilities, and
other matters affecting the public health, safety, and general welfare.
4.
That the proposed cluster development will be constructed, arranged,
and operated so as not to dominate the immediate vicinity or to interfere
with the development and use of neighboring property, in accordance
with the applicable district regulations.
5.
That the proposed cluster development will be served adequately by
essential public facilities and services such as highways, streets,
parking spaces, police and fire protection, drainage structures, refuse
disposal, water and sewers, and schools; or the persons or agencies
responsible for the establishment of the proposed use will provide
adequately for such services.
6.
That the proposed cluster development will not result in the destruction,
loss or damage of any natural, scenic, or historic feature of significant
importance.
7.
That individual lots, buildings, streets, and parking areas are designed
and situated to minimize alteration of the natural site features to
be preserved.
8.
That the usability of common open space intended for recreation or
public use is determined by the size, shape, topographic, and location
requirements of the particular purpose proposed for the site.
9.
That common open space shall include irreplaceable natural features
located in the tract (such as, but not limited to, stream beds, significant
stands of trees, individual trees of a significant size, and rock
outcroppings).
10.
That common open space intended for a recreation or public use is
easily accessible to pedestrians, which accessibility shall meet the
needs of the handicapped and elderly.
11.
That diversity and originality in lot layout and individual building
design is encouraged to achieve the best possible relationship between
development and the land.
12.
That individual lots, buildings, and units are arranged and situated
to relate to surrounding properties, to improve the view from and
the view of buildings, and to lessen the land area devoted to motor
vehicle access.
[CC 1979 App. C §8; Ord. No. 85-13, 4-2-1985]
A.
The
regulations set forth in this Section shall apply in all developments
where the following features are held in common ownership by persons
owning property within a development.
1.
All lands in common open space, not a part of individual lots, designed
for the mutual benefit of a group of persons owning property with
a development, where such lands are not dedicated to or conveyed for
public use whether or not such lands are required by the provisions
of this Chapter, and
2.
All private streets, driveways, parking facilities, and buildings
or portions thereof, as may be provided for the common use, benefit
and/or enjoyment of the occupants of the development; whether or not
such improvements are required by the provisions of this Chapter.
[CC 1979 App. C §9; Ord. No. 85-13, 4-2-1985]
All lands and improvements as set forth in the Section above
shall be established and maintained in accordance with the "Condominium
Property Act," Chapter 448, Missouri Statutes or subsequent amendments,
except where it can be demonstrated that the provisions of this Chapter
can otherwise be satisfied.
[CC 1979 App. C §10; Ord. No. 85-13, 4-2-1985]
All subdivision of property containing common open space and common improvements shall originally be classified as a major subdivision and subject to review in accordance with the provisions of Chapter 410, Subdivision Regulations. Amendments or revisions to an approved subdivision plat containing common open space and common improvements may be classified as a minor subdivision in accordance with the City's subdivision regulations.
[CC 1979 App. C §12; Ord. No. 85-13, 4-2-1985]
The Chairman of the Planning and Zoning Commission and the City
Attorney shall review and approve the restrictive covenants, rules
and by-laws of the unit ownership, as prepared in accordance with
this Section and Chapter 448 of the State Statutes. This approval
shall be obtained before any final plat is recorded or final site
plan approved. Such documents, once approved, shall become part of
the recorded subdivision plat or approved site plan.
[CC 1979 App. C §13; Ord. No. 85-13, 4-2-1985]
A.
If
the Planning and Zoning Commission and City Council determines that
the public interest requires assurance concerning adequate maintenance
of common open space areas and improvements, the Planning and Zoning
Commission and City Council may require that the restrictive covenants,
rules and by-laws creating the unit ownership shall provide that if
the unit owners establish and maintain such common open space/improvements,
or any successor unit owners, shall at any time after establishment
of the development fail to maintain the common open space/improvements
in reasonable order and condition in accordance with the approved
plans, the City may serve notice in writing upon such unit owners.
Said notice shall describe how the unit ownership has failed to maintain
the common open space/improvements in reasonable condition, shall
require that such deficiencies of maintenance be remedied within thirty
(30) days thereof, and shall state the date and place of a public
hearing. Said hearing shall be held within twenty (20) days of notice.
B.
At
such hearing the City Council may modify the terms of the original
notice concerning the deficiencies and may grant an extension of time
to remedy these deficiencies.
C.
If
said deficiencies are not corrected, the City may enter upon said
common open space and maintain the same for one (1) year in order
to preserve the taxable values of the properties within the development
and to prevent the common open space/improvement from becoming a public
nuisance.
D.
Said
entry and maintenance shall not grant the public any rights to use
the common open space/improvements unless the owners voluntarily dedicate
the same to the public and such dedication is accepted by the City.
E.
Before
the expiration of said one (1) year period and upon its initiative
or upon the request of the unit owners theretofore responsible for
the maintenance of the common open space/improvements, the City Council
shall call a public hearing upon notice in writing to such organization
or to owners of the unit ownership. At said hearing, the unit owners
shall show cause why such maintenance by the City shall not, at the
election of the City Council, continue for a succeeding one (1) year
period.
F.
If
the City Council determines that said unit ownership is ready and
able to maintain the common open space/improvements in reasonable
condition, the City shall cease to maintain the common open space/improvements
at the end of said one (1) year period or at an earlier date prescribed
by the City Council.
G.
If
the City Council determines that such organization is not ready and
able to maintain the common open space/improvements in a reasonable
condition, the City Council may, at its discretion, continue to maintain
the common open space/improvements during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
H.
The
rules and by-laws creating the unit ownership shall further provide
that the cost of such maintenance by the City shall be assessed ratably
against the individual properties within the development that have
a right of enjoyment of the common open space/improvements. This assessment
shall become a charge on said properties, and such charge shall be
paid by the owners of said properties within thirty (30) days after
receipt of same. Such assessments shall constitute a lien against
all properties within the unit ownership.
[CC 1979 App. C §14; Ord. No. 85-13, 4-2-1985]
A.
Except
as provided, the City shall not be responsible for the maintenance
of any common open space/improvements required by this Chapter.
B.
Initial
maintenance of the common open space/improvements within a development
shall be the responsibility of the developer. The restrictive covenants,
rules and by-laws of the unit ownership may prescribe a method for
transfer of maintenance responsibility to a duly constituted property
owners' association. In the event no method for transfer or maintenance
responsibility is prescribed, the developer shall retain this responsibility
until fifty percent (50%) of the development has been sold to the
unit owners or other clients. When at least fifty percent (50%) of
the development has been sold, the established unit ownership, comprised
of the development's unit owners shall be deeded the common open space/improvements
and such owners shall become fully responsible for its maintenance
and upkeep.
C.
The
maintenance responsibilities of the developer listed shall be specifically
indicated in a letter of agreement between the developer and the City.
The developer shall submit said letter to the Planning and Zoning
Commission at the time of final plat review.
