All development or redevelopment required to obtain a Design Review Permit as specified in Land Use Regulations shall provide a required set aside of land as open space as a condition of approval. The following types of set asides are required and further specified in Table 10-35-3:
A. Open Space: Open space is an area of land or water that may be used for passive or active recreation, agriculture, conservation, landscaped areas, preserves of the natural environment, scenic land, and/or other use that is of a suitable size, topography, location, and shape to permit the activities for which it is intended as determined by the Planning Commission, but shall not include critical lands as defined in Chapter 10-62 "Critical Lands" and Chapter 10-34.
B. Useable Outdoor Space: A land area within a lot or parcel that is used in conjunction with a primary use designed and intended for the use or enjoyment of the residents and their guests of the development and shall include improvements as necessary and appropriate for use as useable outdoor space. Useable outdoor space may include accessory structures that enhance its use and enjoyment. Useable outdoor space shall be generally landscaped and may include patios, decks, shade structures, play equipment, play courts, walkways, and landscaped plazas. Useable outdoor space shall not include required setbacks, parking, and/or driveways. Storm water facilities qualify as useable outdoor space if the physical characteristics are functional as useable areas for the intended purpose of useable outdoor space. Except that storm water facilities for useable outdoor space shall not be used for parking lots. Storm water facilities may be used for useable outdoor space when located in the setback require on U.S. Highway 89/91.
C. Exemption: An Open Space set-aside shall not be required for legal lots within the Residential Open Space One Acre (ROS1) and Residential Open Space One Half Acre (ROS 1/2) zoning districts for one (1) and two (2) lot subdivisions. Subdivisions that are proposed with two (2) lots and a remainder lot shall be considered a three (3) lot subdivision and are not eligible for this exemption.
D. General requirements in all zoning districts. Open space shall be required if any lot or subdivision is part of a larger parcel and/or part of multiple, contiguous, parcels that are in the same ownership where it is possible for the land to be developed in the future. The provision to waive an open space set-aside shall not be used to circumvent open space requirements when it is apparent that lot(s) can be added in the future or when attempts are being made to split-off lot(s), in smaller increments, to avoid setting aside open space. Existing open space, in all zoning districts, that has been set-aside, as required by ordinance, shall not be waived, removed, recorded, or modified in any way that is contrary to the original recording of the open space.
(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-11, 12-7-2022)