§ 5.3.2. General provisions.

The following general provisions apply to all conservation developments:

A.

All applications for residential development of properties located outside GMA districts and properties that are 30 acres or more in size must be submitted as conservation developments and must meet all provisions of this section. Exceptions include those provided in subsection H below; properties submitted for development through the rural land use process under section 5.8; and the division of parcels into lots of 35 acres or more.

B.

All conservation developments must consist of a cluster or clusters (which is the development area of the site) and designated private residual land.

C.

All property included within a conservation development must be contiguous.

D.

The total number of dwelling units permitted in a conservation development is determined by dividing the total developable land area of the site by the minimum lot size required for the applicable zoning district. That total can not exceed the overall density otherwise permitted in the zoning district where the development is located. When the total number of dwelling units calculated results in a fractional number, any fraction can not be counted as an additional dwelling unit.

E.

If the full density permitted within a conservation development is not used, the remaining permitted density may be achieved through a replat of the development area.

F.

All residual land must be maintained and remain undeveloped in perpetuity in accordance with appropriate use plan for residual land and/or common area as provided in section 8.14.1.6 of this code, except in cooperative planning areas (CPAs) where a conservation development may be an interim development while waiting for full development at urban densities in a GMA district.

G.

A conservation development must comply with all provisions of section 8 of this code.

H.

Exceptions to the requirement for a conservation development may be granted by the county commissioners. An application for development of the site must be submitted within three years from the date an exception is approved, or the exception will automatically expire. Criteria for consideration of an exception request include, but are not limited to:

1.

The size and configuration of the site does not permit design consistent with the purpose of conservation developments.

2.

Development of the site as a conservation development is not compatible with existing or allowed adjacent development.

3.

The site does not have environmentally sensitive areas or agricultural uses, and clustered design would not contribute to the open character of the rural area.

4.

Development of the site as a conservation development may impact adjacent environmentally sensitive areas or agricultural uses more so than other forms of land division allowed under this code.

5.

The site is a replat of an existing subdivision or portion of an existing subdivision.

Note: If county commissioners grant an exception from the conservation development requirement, the property may be subdivided and developed under the subdivision process.

I.

Parcels that have public water and sewer service, are zoned R-Residential, R-1 Residential, R-2 Residential, M-Multiple-family or M-1 Multiple-family and are located outside growth management areas may be developed through the subdivision process described in section 5.1 (subdivision).

(Res. No. 11122002R001, 9-23-2002; Res. No. 07092013R008, Exh. A, 5-28-2013)