(a) Minimum Open Space.
(1) The minimum of 40% open space (as measured over the entire development site) shall be required in the R-R, Rural Residential District.
(2) The minimum of 35% open space (as measured over the entire development site) shall be required in the R-T, Transitional Residential District.
(3) The minimum of 30% open space (as measured over the entire development site) shall be required in the R-1 Low Density Urban Residential District.
(4) The minimum of 25% open space (as measured over the entire development site) shall be required in the R-2 Medium Density Urban Residential District.
(b) Definition. Open space is defined in Section 1103.02(a)(91) and includes otherwise buildable land that is permanently and publicly accessible within the boundaries of the development site. “Buildable land” means land that is suitable for residential development, not encumbered by easements, sublots, water, wetlands, utilities, isolation or restricted areas, topography (greater than 25% slope), or street right-of-way. The Planning and Zoning Commission may allow a percentage of “unbuildable land” encumbered by water or wetlands to be included within the definition of open space (not to exceed 25% of the total open space area) to protect and preserve such areas in accordance with Chapter 1152.
(c) Maintenance, Perpetuation of Open Space, Guarantee of Development. The open space requirement may be accomplished by providing for the retention of open space in common ownership of the individual owners within the development through appropriate legal documents, with appropriate provision to assure continuous maintenance and the use of the common property for the purpose intended. The legal documents shall place unencumbered title to the common property in a form of common ownership representing the residents of the development, shall place responsibility for the management and maintenance of all common property, shall set forth the restrictive covenants, and place responsibility for the enforcement thereof, and shall provide for the subjection of each lot within the development to assessment of its proportionate share of maintenance costs of the common property. Such legal documents shall be filed with the application for approval of the open space requirement and shall be approved as to form by the City Law Director. Such legal documents shall be recorded as deeds or plats are recorded with the County recorder. Or, the open space requirement may be accomplished by an alternative approach approved by the Planning and Zoning Commission pursuant to and in accordance with Chapter 1152.
(Ord. 2004-183. Passed 11-22-04.)