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(A) Except as provided in Subsection (C), every residential development in a conditional district shall be developed so that permanently as usable open space is provided in accordance with standards in the Land Development Plan.
(B) For purposes of this section, usable open space means an area that:
(1) Is not encumbered with any substantial structure;
(2) Is not devoted to use as a roadway, parking area, or sidewalk;
(3) Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in Subdivision (4);
(4) Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;
(5) Is legally and practicably accessible to the residents of the development out of which the required open space is taken or to the public if dedication of the open space is required pursuant to Section 156.150.
(6) Consists of land no more than 50% of which lies within a floodplain or floodway as those terms are defined in Section 156.170.
(Ord. O-2003-63, passed 12-16-03)