(A) In general. In order to continue the development of a system of quality open spaces and recreation areas throughout the city's jurisdiction, the following standards shall apply to all developments and all open space and recreation areas in all zoning districts unless otherwise noted.
(1) In developments with 20 or more multi-family residential units (including townhouses and patio homes) or manufactured home parks with more than nine manufactured homes, open space shall account for a minimum of 20% of the total land area of the site. In developments with 20 or more single-family detached residential units, open space shall account for a minimum of 10% of the total land area of the site.
(a) No existing development, building or structure meeting the criteria above shall be expanded or enlarged unless the minimum open space requirements of this section are met.
(b) In single-family detached developments, open space may not include any required yard, setback or buffer area for individual residential lots or parcels.
(c) In multi-family developments and manufactured home parks, required buffer areas may be included in open space if held in common ownership.
(2) Public open space and recreation areas, except environmental open space, shall:
(a) Have direct access from public streets;
(b) Be visible and easily accessible; and
(c) Have multiple points of entry.
(3) All open space and recreation areas, except environmental open space, shall be well separated from moving vehicles by vegetation, fencing, walls, sidewalks or a combination of those elements.
(4) Open space not meeting the criteria of environmental open space shall be substantially clustered around the edges of the development to buffer the development against adjacent tracts of land, especially land used for agriculture and low density residential development.
(5) The land used for required open space and recreation areas, except environmental open space, shall have an average slope of 5% or less with no portion of the land exceeding a 15% slope.
(6) Required open space and recreation areas may be public or private. The planning, construction, and maintenance of privately owned facilities shall adhere to the following:
(a) Private open space intended to count towards the open space requirements of this section shall be held and maintained by a legally constituted homeowner's association or corporation. Land designated as open space may not be separately sold, subdivided or developed.
(b) High maintenance cost facilities such as swimming pools shall not be counted in determining compliance with the minimum open space and recreation area requirements of this section. Bridges along pedestrian and bicycle paths and similar high cost facilities shall not be permitted as an integral part of any required open space or recreational area unless no feasible alternative exists.
(c) Each phase of a phased development shall meet the minimum requirements for open space and recreational areas. All plans for such developments shall demonstrate compliance for each phase. No certificates of occupancy shall be issued until all such required facilities have been installed or bonded by the developer and approved by the city.
(d) The responsibility for the perpetual maintenance of open space shall be with the owner. Maintenance for required open spaces shall include ensuring that no hazards, nuisances or unhealthy conditions exist; and keeping the property neat and orderly in appearance and free of litter and debris. Failure to adequately maintain open space shall constitute a violation of this Zoning Ordinance and shall subject the owner to any and all remedies permitted herein.
(Ord. 15-002, passed 2-24-15)