Code Section: 135.3

Subject: Open Space for Non-Residential Uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

   The intent of this Section is to require the provision of useable open space for new non-residential uses. Section 135.3(a)(2) states that the open space provided for projects in Eastern Neighborhoods "may be" provided as publicly accessible, and if so, the amount of open space may be reduced by 33 percent. Subsection (b) describes the required criteria for all open space required by this section, including several criteria that require the open space to be accessible and usable by the public. These criteria conflict with the Eastern Neighborhoods provisions that encourage the open space to be publicly accessible, but do not require it to be so. Therefore, only those criteria in Subsection (b) unrelated to public accessibility shall be applicable to open space required for projects in Eastern Neighborhoods.