The following shall regulate the minimum livable open space required in a planned unit development:
A. A portion of the net site area shall be livable open space for the use and enjoyment of the residents. Livable open space is the minimum required non-vehicular open space left unobstructed to the sky. No parking spaces, loading areas or drives shall be included as part of the livable open space to be provided on the site. No area designated as reserved for educational institutions, religious places of worship, neighborhood retail business or other similar nonresidential uses shall be defined as livable open space.
The total livable open space required within a development shall be based upon the permitted gross residential floor area, as prescribed in the following table:
Gross Residential Floor Area Minimum Livable Open Space Required | |
Per Acre of Net Site Area (Square Feet) | Percent of Net Site Area |
0-7,000 | 60 |
7,001-7,800 | 55 |
7,801-9,000 | 50 |
9,001-18,000 | 45 |
For purposes of complying with the livable open space requirement, permanent bodies of water, indicated on the most recently published United States Geological Survey Maps or indicated by more recent aerial photography and field observation, shall be credited as livable open space.
The total livable open space shall consist of two components: common livable open space and private livable open space. For each square foot of land gained through the averaging or reduction of lot areas under the provisions of this chapter, an equal amount of land shall be provided as common livable open space. The common livable open space shall be included as part of the total livable open space. The common livable open space and recreational facilities to be included shall not be individually owned or owned under condominium provisions unless such condominium provisions include the entire project as shown on the approved site development plan, or unless deed restrictions, as stated below, are included.
The remaining portion of livable open space to be provided may be thought of as private livable open space to be distributed around the residential buildings in the form of yards, private patios and courts, and similar areas.
B. A minimum of sixty (60) percent of the total number of dwelling units in the development shall directly abut the common livable open space, and all other dwelling units shall have public access via a pedestrian circulation system of paths or walkways and be in close proximity to the common livable open space. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed necessary by the Planning Commission, pedestrian underpasses or overpasses in the vicinity of educational institutions, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic. The common livable open space shall be available for the use of all occupants of the total project as defined on the approved site development plan and shall be available for use not later than at such time as sixty (60) percent of the total dwelling units indicated on the approved site development plan are completed and ready for occupancy. No open area may be accepted as common livable open space under the provisions of this chapter unless it meets the following standards:
1. The location, shape, size and character of the area must be suitable for the anticipated open space needs of the residents of the planned unit development.
2. The area must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, intensity of development, expected population, topography and other site features and the number and type of dwellings to be provided.
3. The open space must be suitably improved for its intended use, but areas containing natural features worthy of preservation may be left unimproved. Any recreational buildings and structures or similar recreational improvements which are permitted must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the area, having due regard to its topography and other natural features.
4. The development schedule included as part of the development plan must coordinate the improvement of the common open space, the construction of recreational buildings and structures, and the construction of residential dwellings in the planned unit development.
5. If the final site development plan provides for recreational buildings, structures and improvements in the common open space of a value in excess of twenty-five thousand dollars ($25,000), the developer must provide a bond or other adequate assurance as approved by the City Law Director that the recreational buildings, structures and improvements will be completed. The Planning Commission shall release the bond or other assurance when the recreational buildings, structures or improvements have been completed according to the final site development plan.
All common livable open space shown on the final site development plan must contain legally enforceable reservations and restrictions which will insure the preservation of such land for recreational and similar open apace uses for the enjoyment and benefit of the owners and residents.
C. All land shown on the final site development plan as common livable open space must be conveyed under one of the following options:
1. It may be conveyed to a public agency such as the City, with approval of the Park and Recreation Board, or the Lorain County Metropolitan Park Board, which will agree to maintain the common open space and any recreational buildings, structures or improvements which have been placed on it. When this option of conveyance is elected, the common open space shall constitute an integral part of the existing public parks and open space system or be designated as potential open space on the City's Future Land Use Plan, as adopted and amended.
2. It may be conveyed to trustees of an incorporated homeowners and tenants association. The common open space must be conveyed to the trustees subject to covenants, to be approved by the Planning Commission, which restrict the common open space to the uses specified on the final site development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.