Not an official copy.

City of Moxee
Municipal Code Section 16.35.080 Cluster development standards.

(1) Purpose. The purpose of cluster development standards, such as single-family attached, single-family zero lot line and bungalow court (single-family cottage housing) development is to: promote more efficient land use, encourage affordable housing through provision of smaller lots, permit a more efficient arrangement of structures for providing services and infrastructure, protect critical areas, or provide more usable private or community open space.
(2) Approval Criteria. Review for cluster development approval shall occur within the existing procedure required for the application. Approval for a cluster development shall be granted only if all of the following criteria are met:

(a) Density. Overall density must not exceed the density of the underlying zoning district.
(b) Minimum Lots per Project. The cluster provision is permitted for those developments which have three or more lots, with the exception of bungalow court development which is permitted on a single lot.
(c) Consistency with Policies. The proposed development will be consistent with the general purpose, goals, objectives and policies of the comprehensive plan, the city’s subdivision regulations (Chapter 16.60 MMC, Subdivisions), this ordinance, and all other pertinent rules or regulations, whether local, state or federal.
(d) Development Standards. Required development and design standards for cluster development are established in the District Standards Table (MMC 16.35.160) by development type.
(e) Impacts.

(i) Neighborhood. The proposed clustering of development will not have a substantial adverse impact on adjacent property, the character of the neighborhood or community, traffic conditions, parking, utility facilities, or other elements affecting the public health, safety and general welfare.
(ii) Buffers. Cluster development may be required to be buffered from adjacent neighborhoods with either landscaping, usable open space, critical areas and their buffers or a combination of methods to provide a compatible transition between neighborhood scale and character.
(iii) Environment. The proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or locally historic (on the State Register or National Register of Historic Places) feature.
(iv) Critical Areas. When critical areas are present, such critical areas and their buffers shall be used to calculate the pervious surface requirement. Environmentally constrained land shall not be used for subdivision of individual lots, and shall be protected from development.
(v) Usable Common Open Space. Cluster developments greater than one-half (0.50) acres in size shall be required to have a minimum of 10 percent, up to 15 percent usable private or community common open space. If the site contains critical areas with associated buffers, then the amount of usable open space to be provided will be reduced. This usable common open space should have the ability to provide for recreation. If due to site constraints, provision of usable common open space is not feasible, a payment of cash in lieu of provision of usable common open space shall be made to the city parks and recreation fund for park development purposes (bungalow court developments are exempt from this provision). These moneys shall be dedicated by the city to benefit the area platted. The cash amount dedicated to the parks and recreation fund shall be equal to the cash value of the land required for the open space area.

(A) Location. The location, shape, size and character of the open space shall be suitable for the type of project. Generally, common open space shall be located:

1. Next to other open space areas;
2. So that it buffers the proposed development from neighboring developments (not applicable for bungalow court developments);
3. To provide access to recreation facilities or link recreation facilities with sidewalks or paths.

(B) Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner’s association, or any other method approved by the reviewing official. All legal documents to carry out this required shall be approved by the jurisdictional legal authority. This document shall contain a provision vesting the city with the right to enforce the permanent retention and maintenance of the common open space, and providing that, in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan, and program, the city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action.

(vi) Services. The proposed cluster development will be adequately served by essential public facilities and services (such as streets, parking spaces, police and fire protection, drainage, refuse disposal, water, sewers, and schools) or the persons or agencies responsible for the establishment of the proposed use will adequately provide for such services.

(f) Implementation.

(i) Unit Types. Developments proposed under the cluster provision may use the zero lot line, single-family attached (common wall) units, or single-family cottages in a bungalow court development; provided, that all the approval criteria established for those housing types and cluster development approval criteria are met.
(ii) More than One Zoning District. A development which includes more than one zoning district may use the cluster provision and may site the clustered units in one or all zoning districts within the development. Overall density of the cluster development cannot be more than the combined total for all included district properties.

(3) Zero Lot Line Development. All zero lot line developments shall comply with the standards of Table 16.35.160, District Standards, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:

(a) Lot Coverage/Impervious Surface. The impervious surface on a lot shall not exceed those standards established in the District Standards Table (MMC 16.35.160).
(b) Platting Requirements. Each dwelling shall be located on its own individual platted lot. The final plat or short plat shall provide a plan, drawn to scale as required by the current subdivision regulations (Chapter 16.60 MMC, Subdivisions), indicating the exact location and building footprint of all structures proposed to encroach within the required setback, the zero lot lines, and the related easements.
(c) Maintenance and Drainage Easements. A perpetual easement for maintenance, eaves overhang, and drainage at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall or fence shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but not any other part of a structure, may protrude across a side lot line, and such protrusion shall not exceed 24 inches, but the roof shall be designed so that water runoff from the dwelling placed on the lot line is limited to the easement area.
(d) Common Open Space and Maintenance Facilities. Any common open space provided shall comply with the provisions of subsection (2)(e)(v) of this section.
(e) Setbacks.

(i) Interior Side Yard Setback. The dwelling unit may be placed on one interior side yard property line (a zero setback). The setback standard for the other property line shall be a minimum of 15 feet. No structures except for patios, pools, fences, walls and other similar elements are permitted within the required setback area.
(ii) Rear Yard Setback. The rear yard setback is a minimum of 10 feet as established in the District Standards Table (MMC 16.35.160).
(iii) Front and Streetside Setback. Front and streetside setback standards shall be those shown in the District Standards Table.
(iv) Accessory Building Setback. Accessory buildings and structures may be located no less than five feet from the side or rear property lines.
(f) Roof Slope. In order to be sited in a manner that is harmonious with existing development, the roof slope shall be not less than four inches of rise for each 12 inches of horizontal run (4:12).
(g) Roof Overhang (Eaves). All roof structures shall be sloped and provide an overhang or eave projection of not less than 16 inches and no greater than 24 inches measured horizontally. When carports, garages or porches are attached as an integral part of the zero lot line home, the administrative official may grant an administrative adjustment of standards for the area where the eave requirement needs to be waived to accommodate such structures.
(h) Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall six feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as the exterior wall of the unit.
(i) Dwellings Adjacent to Zero Lot Line Development. Dwelling units using the zero lot line provision may not be placed on a property line where the adjacent property has a non-zero lot line dwelling unit within 10 feet of the zero lot line property line.

(4) Attached Single-Family Dwellings (Townhouse Construction). All attached single-family (townhouse) developments shall comply with the standards of Table 16.35.160, District Standards, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:

(a) Area Requirements. The minimum area of a lot shall be not less than 4,000 square feet. The minimum lot width shall be not less than 40 feet.
(b) Yard/Setback Requirements. Each row of attached (townhouse) units shall be separated from the next row of units by an open side yard of not less than 16 feet. This yard may either be divided between the adjoining lots or maintained in common ownership by an approved homeowner’s association. If the open side yard is divided between adjoining lots then each side yard shall be not less than eight feet wide.

(i) Front and Rear Setbacks (Yards). Front and rear setbacks shall be those shown in the District Standards Table (MMC 16.35.160). Where attached dwelling lots back up to each other, a five-foot access easement shall be maintained along the rear of each lot or a commonly owned 10-foot access easement maintained by a homeowner’s association. This easement must be kept clear of fences, landscaping or other barriers.
(ii) Number of Attached Single-Family Dwelling Units in a Row. No row of attached single-family dwellings shall exceed two units.

(c) Townhouse Standards. Townhouses located in established single-family residential neighborhoods shall be designed and built to be compatible with the existing character of the neighborhood. Compatibility of design shall include, but is not limited to:

(i) Resembling the character, style and modulation of a single-family unit;
(ii) Resembling or consistent with the time period in which the majority of homes in the surrounding neighborhood were built;
(iii) Having a height and scale that is consistent with the existing single-family homes in the neighborhood; and
(iv) Having a roof slope of not less than four inches of rise for each 12 inches of horizontal run (4:12).
(v) Providing roof line variation. Roof line variation is intended to break up the overall bulk and mass of a row of attached single-family (townhouse) dwelling units. Roof line variation shall occur in all townhouse rows that exceed 50 feet in length. Roof line variation shall be achieved using one or more of the following methods:

(A) Vertical off-set ridge line;
(B) Horizontal off-set ridge line;
(C) Variations in roof pitch; or
(D) Any other technique approved by the administrative official which achieves the intent of this section.

(vi) Providing a roof overhang or eave projection of not less than 16 inches and not greater than 24 inches measured horizontally.

(5) Bungalow (Cottage Housing) Court Development. All single-family cottages proposed to be configured as a bungalow court shall comply with the standards of Table 16.35.160, District Standards, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:

(a) Area Requirements. The minimum site area for a bungalow court project is 14,000 square feet, which includes accommodation of off-street parking and common open space. The minimum square feet of lot size per unit is 2,000 square feet.
(b) Courtyard. The development shall contain a courtyard or usable landscaped open area owned in common by the owners of the dwellings. A minimum of 250 square feet of common open space area per unit shall be provided either in the form of the courtyard or usable landscaped area. The minimum width of the courtyard or usable landscaped open area shall be 10 feet.
(c) Site Design. Dwelling units shall be located on at least two sides of the courtyard or common area. Each dwelling shall be located on its own individual platted lot. The final plat or short plat shall provide a plan, drawn to scale as required by the current subdivision regulations (Chapter 16.60 MMC, Subdivisions), indicating the exact location and building footprint of all structures, the courtyard or usable landscaped open area, parking area(s), and the related easements.
(d) Number of Units. The development shall include no less than four and no more than 12 single-family dwelling units per courtyard.
(e) Dwelling Size. Single-story dwellings in bungalow court developments shall not exceed 800 square feet in size. Two-story dwellings shall not exceed 1,200 square feet in size.
(f) Cottage Orientation. Entryways should be oriented to the public street, with secondary entries oriented to the courtyard or usable landscaped open area.
(g) Front and Rear Setbacks. Front and rear setbacks shall be those shown in the District Standards Table (MMC 16.35.160).
(h) Side Yard Setback. See District Standards Table for minimum side yard setback.
(i) Building Height. In bungalow court developments, the ridge of pitched roofs with a minimum slope of six to 12 (6:12) may extend up to 28 feet. The ridge of pitched roofs with a minimum slope of four to 12 (4:12) may extend up to 23 feet. All parts of the roof above 18 feet shall be pitched.
(j) Roof Overhang (Eaves). All roof structures shall be sloped and provide an overhang or eave projection of not less than 16 inches and no greater than 24 inches measured horizontally.
(k) Parking. One off-street parking space per unit is required. Parking shall be accommodated in a shared lot that is accessed off of an alley or secondary street wherever possible. The width of the driveway curb cut entry to the parking area(s) should be minimized to prevent as much pedestrian/sidewalk disruption as possible. Covered parking is permitted. Garages housing a maximum of four cars per garage are also permitted. The spacing between garages or a garage and a cottage on a project site shall be 10 feet. No parking is permitted between cottages or between the cottages and the street.
(l) Pedestrian Connections. Pedestrian connections between the interior courtyard to the shared parking area and to the street and sidewalk shall be provided.
(m) Screening.

(i) Parking Area(s). The parking area(s) shall be screened to visually buffer areas within the project complex and adjacent properties.
(ii) Structures. Screening of structures from adjacent properties shall be provided, such as landscaping, fences, berms or other similar materials and/or designs.

(n) Covenants. Covenants shall be recorded which establish common areas and preclude their conversion to another use. (Ord. 562 § 6.2.7, 1997)