§ 30-5.12. Definition of Required Open Space.

Usable open space is comprised of private open space and common open space. Usable open space is that area of a building site which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants. Usable open space shall not include yards or other areas having a width of less than eight (8′) feet, except for balconies which may have a minimum horizontal dimension of five (5′) feet, or areas devoted to automobile access or storage. The following areas shall constitute usable open space as required by subsections 30-4.2(d)(9), 30-4.3(d)(10), 30-4.4(d)(10), 30-4.5(d)(10), and 30-4.6(d)(10).

a.

Common Open Space. Porch, patio, court or other outdoor living area which has common access from more than one (1) dwelling unit and which has a minimum area of three hundred (300) square feet and a minimum horizontal dimension of fifteen (15′) feet. Common open space may include structures defined as patio covers in Section 30-2 (Definitions) provided that they are accessory to common open space as herein defined. Common open space may not include required front yards.

b.

Private Open Space. Private open space shall be accessible from only one (1) unit. Private open space shall not be within five (5′) feet of a side lot line or ten (10′) feet of a rear lot line. Private open space in the required front yard may not extend more than one-half (½) the depth of the required front yard nor across more than one-half (½) of the frontage of the building. Any private open space developed in the required front yard shall be enclosed by a perimeter wall or fence not to exceed three (3′) feet in height unless the wall or fence complies with Section 30-5.14(b)(8) in which case it may not exceed four (4′) feet in height. The following will qualify as private open space:

1.

Private balcony attached to a dwelling unit with an area of at least sixty (60) square feet and a minimum horizontal dimension of five (5′) feet, provided such balcony is unenclosed on at least two-thirds ( 2/3 ) of its perimeter except for required railings. A balcony which is used for access to a dwelling unit does not qualify for private open space.

2.

Porch, deck, patio, or court on ground level accessible from only one (1) unit with a minimum area of one hundred twenty (120) square feet, and a minimum horizontal dimension of ten (10′) feet, and is unenclosed for at least two-thirds ( 2/3 ) of its perimeter except for screen fencing not more than six (6′) feet high if not in the front yard.

3.

Roof deck with an area of not less than one hundred twenty (120) square feet and a minimum horizontal dimension of ten (10′) feet. Any such roof deck shall have a six (6′) foot high wall or screen on at least two-thirds ( 2/3 ) of its perimeter located to provide protection from the wind.

c.

Exemption to Allow Redistribution of Private and Common Open Space. In exception to the common and private open space provisions of this section, residential development subject to open space standards of this section may be approved with more or less private or common open space provided the following findings can be made as part of design review: 1) the design meets the amount of total useable open space required, 2) the combination of private open space and common open space provides a better open space plan for the residents of the site and/or a better architectural design for the building, and 3) the open space plan includes provisions for long-term maintenance and upkeep of the open space, including but not limited to, a maintenance agreement, service contract or other guarantee.

(Ord. No. 2933 N.S. § 6)

(Ord. No. 3223 N.S., § 1, 9-18-2018)