Legal Definitions - cluster zoning

Cluster zoning is a land use planning tool that allows developers to build homes or other structures closer together on a smaller portion of a larger property than traditional zoning regulations might typically permit. While the individual buildings are grouped or "clustered," the overall density for the entire development remains consistent with the original zoning requirements for the full parcel of land.

The primary goal of cluster zoning is to preserve a significant portion of the property as open space, natural areas, recreational facilities, or agricultural land. This approach can help protect sensitive environmental areas, reduce infrastructure costs, and create shared community amenities.

• Example 1: Residential Development with Natural Preservation

  A developer owns a 150-acre parcel of land that is conventionally zoned for one single-family home per three acres. Under traditional zoning, this would result in 50 homes, each on a three-acre lot, spread across the entire property. However, the local planning board approves a cluster zoning plan. This allows the developer to build all 50 homes on just 50 acres, with smaller individual lots and shared infrastructure. The remaining 100 acres are permanently set aside as a protected wetland and forest preserve, complete with public walking trails.

  Explanation: This example illustrates how the same number of homes (50) are built, maintaining the overall density (50 homes across 150 acres), but they are concentrated on a smaller footprint (50 acres). This clustering frees up a substantial portion of the land (100 acres) for environmental preservation and public access, which would not be possible if each home occupied a large, individual lot.

• Example 2: Community with Shared Recreational Space

  A town wants to encourage a sense of community and provide more recreational opportunities. A 75-acre property is zoned for 75 individual homes on one-acre lots. Using cluster zoning, the town permits a developer to build 75 detached homes on 30 acres, with smaller private yards. The remaining 45 acres are then developed into a large community park, including sports fields, a dog park, and a community garden, all accessible to the residents of the new development and potentially the wider public.

  Explanation: Here, the clustering of homes onto a smaller portion of the land (30 acres) allows for the creation of extensive shared recreational amenities on the remaining 45 acres. This approach maintains the overall density of one home per acre for the entire 75-acre parcel while fostering community interaction through shared spaces that would otherwise be fragmented into private yards.

• Example 3: Farmland Protection

  In a rural county, a farmer owns 300 acres of prime agricultural land. The county's comprehensive plan aims to preserve farmland while allowing for some limited residential growth. Through a cluster zoning overlay, the county permits the farmer to sell a 20-acre portion of the property to a developer for the construction of 30 homes, built on compact lots with shared access roads. The remaining 280 acres of the farm are then placed under a permanent agricultural conservation easement, ensuring they will continue to be used for farming.

  Explanation: This scenario demonstrates how cluster zoning can concentrate residential development onto a small, designated area (20 acres) within a much larger property. This strategy prevents the sprawling development that would typically occur if homes were built across the entire 300 acres, thereby protecting the vast majority of the land for its intended agricultural use while still accommodating some housing at the approved overall density.