§ 7.11.00. Cluster/Zero Lot Line Development.
The purpose of this Section is to encourage creative development design in Hardee County and to provide a mechanism for preserving open space, protecting natural resources, or reserving land for recreational facilities to serve the County's residents. It may be used in implementing various policies of the Comprehensive Plan.
Cluster/zero lot line development may be granted in any district where single-family detached development is permitted as a principal use. The Board of County Commissioners may limit the approval to permit cluster subdivision development only, or zero lot line development only; or, both techniques may be authorized for use in conjunction with each other; or, both may be used with conventional, detached, single-family lots.
7.11.01. Cluster Subdivision.
Clustering of single-family detached dwelling units on a development site may be permitted where the Comprehensive Plan requires preservation of a natural resource, where land is needed for open space or low-intensity recreational use, or where the developer wishes to create an amenity for residents of the site or for the County as a whole. Approval or denial of the clustering concept at a particular location shall be based on consistency with the Comprehensive Plan, compatibility with surrounding land uses, and compliance with the following requirements:
(A)
Density. Gross density of the subdivision shall not exceed the maximum permitted density for the zoning district wherein the site is located, as shown in Table 2.29.01(B). For purposes of calculating density, the development site shall include all platted residential lots, together with roads, drainage facilities, utility sites and all other common property within the perimeter of the subject property, regardless of whether such facilities will ultimately be dedicated to the County.
(B)
Development Site To Be Unified. In making application for approval of a cluster development, the applicant shall furnish proof that the development site is unified by title, and not spatially divided by ownership (however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole). The site shall have the zoning designations required to accommodate the principal residential uses proposed.
(C)
Platting. Information supplied to the Planning and Development Division in support of the application for a cluster/zero lot subdivision shall include a Preliminary Subdivision Plat that fulfills all of the requirements of Section 7.07.03. The application for a cluster/zero lot line subdivision shall be procured and reviewed in conjunction with each other, unless the Preliminary Subdivision Plat has been previously approved.
The Planning and Development Director may subsequently approve minor changes to the development concept that do not involve increases in density, additional points of access to existing roads, or substantial rearrangement of lots.
(D)
Private Streets. Where internal streets are to be retained in private ownership, a security gate or other form of barrier to restrict access may be installed. However, the developer or homeowners' association shall be responsible for providing access to County emergency vehicles when necessary.
Private streets shall be placed on private right-of-way of development meeting width requirements applicable to a public road. The use of easements to provide access to residential lots shall be prohibited. Private streets shall conform to minimum County road standards.
(E)
Lot Size and Lot Coverage. The normal minimum residential lot size and lot coverage requirements established in Table 2.29.01(B) shall be waived under this special exception. Where cluster subdivision development has been approved, minimum lot requirements shall be as follows:
District Min. Lot Size Min. Lot Width Max. Lot Coverage R-1 6,500 s.f. 65 feet 45% R-2 6,000 s.f. 58 feet 50% R-3 5,400 s.f. 50 feet 50% (F)
Development Standards.
(01)
Minimum Development Site Requirements
Duplexes: 7,500 square feet Three units or more: 10,000 square feet Minimum site width: 75 feet Minimum site depth: 100 feet (02)
Setbacks
a.
All structures shall be located at least 25 feet from the front lot line and 20 feet from the rear lot line. Side street setbacks on corner lots shall be at least 25 feet.
b.
All principal structures shall be located at least 10 feet from side lot lines where there is no common wall.
c.
Accessory structures on residential lots, where permitted, shall be set back at least 7 1/2 feet from side and rear lot lines. This requirement shall apply to swimming pools and screen enclosures.
(03)
Other Requirements
a.
Each unit shall have an individual access to the outside, both in the front and rear.
b.
Where ingress/egress to residential lots is from an Arterial or Collector road, driveway access points shall be limited to one per structure or one for each 50 feet of frontage, whichever is less.
c.
All accessory structures are prohibited on residential lots of less than 5,000 square feet. On lots of 5,000 square feet or more, accessory structures are limited to a cumulative total of 400 square feet per lot.
d.
Swimming pools and screen enclosures are not subject to the size limitation.
(G)
Non-Residential Tracts.
(01)
Prior to approving the Final Subdivision Plat for recording in the public records of Hardee County, the Planning and Development Director shall verify that all parcels or tracts not intended for use as residential lots are clearly delineated on the Final Subdivision Plat as to size and dimension. The purpose, ownership, and responsibility for maintenance for each parcel or tract shall be noted on the plat.
Unless specifically accepted by the Board of County Commissioners, Hardee County shall not be responsible for maintenance and/or repair of any common facilities or properties.
(02)
Clubhouses, swimming pools, and other structures erected on common property shall be approved only after submittal of a Site Development Plan in accordance with the requirements of Section 7.06.00.
(H)
Open Space. The Preliminary and Final Subdivision Plats for the cluster subdivision shall designate a specific parcel as an open space tract, which will encompass the natural feature(s) or open space area that the developer intends to preserve. No residential, commercial, industrial, or public institutional use shall be permitted within the open space.
Open space shall primarily consist of undisturbed natural land, with passive or low-intensity recreation facilities. Such areas shall be accessible and available for the use and enjoyment of all residents of the subdivision. Permitted uses include boat ramps, playing fields, nature trails and boardwalks. Uses requiring off-street parking and utilities shall not be included in the calculation of open space.
The minimum size of an open space tract shall be equal to 10% of the total area of the site, less the area of street right-of-way.
Where natural features are being preserved, open space tracts may include wooded areas, wetlands and floodplains. However, lands not in their natural state may be used for recreational purposes and shall be free of waste or debris, dangerous or hazardous materials, and all structures not related to the property's designated use. Open space tracts may include drainage or utility sites and facilities. Waterbodies may be included, but shall not count toward the minimum land area for an open space tract. Other areas may be excluded if, in the Planning and Development Director's opinion, the use of such areas in an open space tract would be inconsistent with the intent of this subsection.
Prior to submitting the Final Subdivision Plat for approval, the Planning and Development Division shall verify that the plat includes a notation indicating the ownership and maintenance responsibility for the open space tract, including all recreation facilities, existing or planned. No open space tracts or associated facilities shall be dedicated to Hardee County, unless specifically accepted by the Board of County Commissioners.
7.11.02. Zero Lot Line Development.
The purpose of this subsection is to promote architectural design flexibility and efficient use of land in residential subdivisions. Under this concept, the dwelling unit may be placed against a side lot line in order to maximize usable open area within each residential lot. The requirements provided below shall apply in addition to those of Article 3 and Section 7.06.00.
(A)
Density. Gross density of the subdivision shall not exceed the maximum permitted density for the zoning district wherein the site is located, as shown in Table 2.29.01(B). For purposes of calculating density, the development site shall include all platted residential lots, together with roads, drainage facilities, utility sites and all other common property within the perimeter of the subject property, regardless of whether such facilities will ultimately be dedicated to the County.
(B)
Platting. Building permits shall not be issued in a zero lot line subdivision until all requirements of Section 7.07.00 have been met.
(C)
Lot Size and Lot Coverage. The normal minimum residential lot size and lot coverage requirements established in Table 2.29.01(B) shall be waived under this subdivision option. Where zero lot line subdivision development is proposed, minimum lot requirements shall be as follows:
District Min. Lot Size Min. Lot Width Max. Lot Coverage R-1 7,200 s.f. 72 feet 35% R-2 6,750 s.f. 63 feet 40% R-3 6,000 s.f. 54 feet 50% (D)
Building Envelope and Maintenance Easements. All zero lot line subdivision plats shall show building envelopes wherein all structures shall be located. No structures shall be placed outside the designated building envelope. No windows, doors, air conditioning units, or other openings or projections of any kind shall be permitted where the structure meets the side lot line. Structures on abutting lots may share a common zero lot line, and may be structurally joined by a common firewall or by porches, garages or privacy fence/wall.
For each unit constructed along a side lot line, an easement five feet in width shall be created on the neighboring property. The purpose of this easement is to permit maintenance and repair of the exterior portion of the structure or structures bordering the zero side yard. All maintenance easements shall be shown on the Final Subdivision Plat, along with an indication of the lot to which each easement is assigned.
(E)
Setbacks. Each dwelling unit in a zero lot line subdivision shall be set back 12 feet from one side lot line. No setback is normally required from the opposite lot line, but a setback may be provided such that the unit is detached in a conventional sense. On corner lots, the front setback requirement shall apply to both road frontages.
Front and rear setbacks for principal structures shall be those required by the zoning district.
Detached accessory structures shall be limited to a total of 400 square feet regardless of their number.
(F)
Open Space. At the option of the developer, the Preliminary and Final Subdivision Plats for the zero lot line subdivision shall designate a specific parcel as an open space tract, that will encompass the natural feature(s) or open space area that the developer intends to preserve. No residential, commercial, industrial, or public institutional use shall be permitted within the open space.
Open space shall primarily consist of undisturbed natural land, with passive or low-intensity recreation facilities. Such areas shall be accessible and available for the use and enjoyment of all residents of the subdivision. Permitted uses include boat ramps, playing fields, nature trails and boardwalks. Uses requiring off-street parking and utilities shall be prohibited.