§ 16-36.010. Open space requirements and incentives.

Except as provided below, open space requirements are regulated per the underlying zoning.

1.

Required yards and requirements for sidewalk and supplemental zone widths which are constructed on private property may be counted towards useable open space requirements (UOSR) or public space requirements. Such space may include planted areas, fountains, community gardens, parks plazas, hardscape elements related to sidewalks and plazas, and similar features which are located on private property.

2.

Balconies for residential units, which are enclosed on three sides or less, may be counted towards UOSR for a maximum depth of six feet.

3.

The buffer area, as required in subsections 16-36.011(2)(a) and 16-36.011(3), may be counted toward UOSR or public space requirements even if such buffer area is dedicated to the city or other governmental entity for recreation use, conveyed to a conservation group or is subject to permanent easements for public use.

4.

Supplemental zone area may be counted towards UOSR or public space requirements except as specified in subsections 16-36.013(1) and 16-36.013(2).

5.

Open space incentives:

a.

New streets incentive: New public streets, or private streets which function as public streets, may be counted towards UOSR and public space requirements provided the following criteria are met:

i.

Connects two other public streets or private streets not currently directly connected; and

ii.

Meets the sidewalk requirements of section 16-36.012; and

iii.

When adjacent to a park area, new streets shall meet all above requirements along each park edge; and

iv.

Gates shall not be permitted across said streets.

b.

Connectivity incentive: Developments which provide connectivity across public rights-of-way which do not provide pedestrian access, such as railroads and freeways, may be permitted by the director of the bureau of planning to be counted towards UOSR or public space requirements provided the following criteria are met:

i.

Said connectivity shall be achieved through the use of public streets, private streets which function as public streets, pedestrian walkways or shared use paths; and

ii.

Meets the sidewalk requirements of section 16-36.012 for new streets; or

iii.

Shared-use paths shall be a minimum width of 15′—0″; and

iv.

Streets and shared-use paths shall connect to other public streets and shared-use paths or parks.

c.

On-street parking incentive: New on-street parking may be counted towards UOSR or public space requirements provided the following criteria are met:

i.

No on-street parking currently exists in the public right-of-way adjacent to the project area for which credit is sought; and

ii.

The new on-street parking is located where there is no existing street lane; and

iii.

All new on-street parking shall be accessible to the general public; and

iv.

Sidewalk extensions are provided at street intersections as applicable; and

v.

All other sidewalk requirements of this chapter are met.

(Ord. No. 2007-09, § 1(Att. A), 2-28-07)