(A) Generally.
Compensating open space required to be established when lots are proposed to be created with areas less than 7,000 square feet is necessary to provide some space for children to play outdoors within their immediate neighborhood or block which will allow them an opportunity to play catch, basketball, fly a kite or glider, ride a tricycle, skate, use small scale playground equipment which may be provided, and other activities normally accommodated in the front or back yard of the typical suburban home. Without this compensating open space, the only alternative for the children to play in areas where yard space has been eliminated, for all practical purposes by a reduction in the lot area, is the street adjacent to their home. Obviously, this is a very hazardous situation and directly affects the quality of life in these neighborhoods. Compensating open space also allows the individual housing units and lots to be grouped in a manner which creates economics in the installation of utilities and streets required to serve these individual private properties and provides an opportunity for the subdivider to design and develop a more attractive residential neighborhood and fully utilize any natural or topographic features which may be present on the tract being subdivided.
(B) Limitations; courtyards.
(1) Compensating open spaces are to be considered to be only those areas not specifically designated or used as lots, building sites for dwelling units, building sites for utility or storage purposes, vehicular parking lots, carports or garages or driveways thereto, or streets either public or private. These properties must be restricted for the exclusive use of owners within the subdivision and owned, managed and maintained under a suitable binding agreement among the property owners. Compensating open spaces may remain undeveloped or landscaped and may be developed for recreational purposes (both active or passive) and can be used to provide courtyard access from groups or clusters of lots adjacent to public streets.
(2) Compensating open spaces used as courtyards which are designed to provide primary access from groups or clusters of lots or building sites adjacent to public streets must have an average width between the fronts of the lots or buildings of 25 feet with a minimum of the distance being not less than 20 feet. The length of the courtyards should not be more than 200 feet (about 66.5 yards) extending away from the public street which the courtyards must open onto.
(C) Greenbelt areas within any multi-family residential complex.
(1) Definition of greenbelt area.
A
GREENBELT AREA
shall consist of open earthen areas bearing trees, shrubbery, or grass. Sidewalks, tennis courts, swimming pools, and the like shall not be considered a part of a
GREENBELT AREA.
(2) Requirement.
Any plan for the multi-family residential complex shall provide for a greenbelt area equal to 20% of a total living area on all floors of the complex. At least 10% of the required greenbelt shall be evenly distributed within the complex. The remaining percentage of greenbelt may be developed as a park within the complex.
(3) Disclosure on plans.
The site plan of any complex shall distinctly show the location of the required greenbelt areas.
(Ord. 96-0220, passed 2-20-1996; Ord. 19-1022A, passed 10-22-2019) Penalty, see § 154.99