(a) Amount of Open Space Required. Table 1121-1 identifies the minimum amount of open space that must be established for certain types of developments allowed by this code.
Development Type | Minimum Percentage of Open Space |
Any Cluster Residential Developments | 20% |
Multi-Family Dwellings | 20% |
Any Planned Development District with Residential Dwelling Units | 30% based on the areas of the development to be used solely for residential uses |
Any Other Subdivision with 150 or more lots | 10% |
(1) The percentage of open space shall be based on the gross site area of the proposed project, including all rights-of-way.
(2) The following areas shall not be counted toward compliance with open space requirements:
A. Private and public roads, and associated rights-of-way;
B. Public or private parking spaces, access ways, driveways, and other vehicular use areas;
C. Required minimum spacing between buildings and required yard setbacks;
D. Land that is subject to pre-existing conservation easements or other similar protected open spaces;
E. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;
F. Substations or public utility easements;
G. Dry stormwater detention basins or facilities; and
H. Leftover land that has no value for development and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by the Planning Commission or Zoning Administrator, as may be applicable based on the review procedure.
(b) Permitted Uses in Open Spaces. The following uses may be permitted in required open space:
(1) Areas preserved in their natural state as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented areas;
(3) Outdoor active or passive recreational uses for the use and/or enjoyment of the residents of the proposed development. Any restricted open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access;
(4) Utilized for the raising of crops when authorized in a conservation easement or in the association's covenants and restrictions; and
(5) Any other similar uses approved by the Planning Commission or Zoning Administrator during the applicable review procedure.
(c) Design Standards for Open Spaces. Land set-aside as open space shall comply with the following standards:
(1) All areas of open space shall be accessible to residents or users of the development by providing at least 50 feet of frontage on a public street.
(2) All areas of the open space shall have a minimum width of 50 feet.
(3) The open space shall be located and designed to the satisfaction of the Planning Commission and shall be sufficiently aggregated to create large areas of planned open space.
(4) The open space shall conserve significant topographic and landscape natural features to the extent practicable.
(5) Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(6) All open space required by this chapter, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on all approved plans.
(7) Where open areas, trails, parks, or other open space resources are planned or exist adjacent to development, the open space shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(8) Provision of Open Space in Multi-Phase Developments.
A. Development proposed in phases shall be considered as a single development for the purposes of applying the open space set-aside standards required in this chapter.
B. The open space set-aside for the entire project shall be reviewed and approved as part of the preliminary plat process.
C. Development shall not be phased solely as a method to avoid the minimum open space set-aside standards in this chapter.
D. In cases where less than 100 percent of the total amount of open space set-aside is provided within the first phase of a multi-phase development, the open space set-aside required shall, at a minimum, be apportioned into each of the remaining development phases. At any point, the applicant may fulfill the open space set-aside requirements prior to completion of the development or subdivision.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)