Maintaining open space areas provides recreational opportunities, allows sunlight to enter into living spaces and provides a spacious and inviting feel. The minimum required open space areas for residential uses, as listed in Table 153.070.030, shall be maintained pursuant to these regulations.
(A) Residential open space. The following regulations apply to required residential open space areas within all mixed-use zoned lots.
(1) More than one open space area may be provided on a lot. The sum of square footages for all eligible open space areas on a lot shall comprise the total open space area for that lot.
(2) Required side or rear yard areas may be included in the calculated open space area but a required front yard area may not.
(3) All required open space shall be usable. Usable open space shall be improved to support residents’ passive or active use. Such open space shall be located on the same parcel as the dwelling units for which it is required. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, changing facilities, fountains, planters, benches, and landscaping.
(4) Open space areas shall have no parking, driveway or right-of-way encroachments.
(5) Usable open space does not need to be located on the ground. Rooftop gardens and rooftop landscaping, including rooftops above parking structures, may be used to satisfy the open space requirement.
(B) Private open space orientation. Private open space(s) attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units.
(C) Uses restricted to indoor. Unless otherwise indicated in this subchapter 153.070, all uses listed in table 153.070.020 must be conducted wholly within an enclosed building. The following uses or businesses are exceptions to this rule:
(1) Outdoor dining and food service in conjunction with a cafeteria, café, restaurant or similar establishment;
(2) Newspaper stalls;
(3) Other sales and display areas as approved through a conditional use permit or similar discretionary permit; and
(4) Other uses as approved by the Zoning Administrator through the Zoning Code interpretation process pursuant to subchapter 153.210, Administrative Procedures.
(D) Outdoor storage of materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 153.070.020. All materials shall be entirely screened from view from public rights-of-way by a six-foot tall solid fence or masonry wall.
(E) Outdoor storage areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits Implementation of Best Management Practices (BMP) and maintenance of those BMPs.
(F) Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas.
(Ord. 1346, passed 5-2-12)