§ 8.4-5. Perimeter buffers and open space.  

Latest version.
  • (a)

    Open space. A minimum of 20 percent of the project area as shown on the master plan shall be designated as open space. A 40-foot wide landscaped or naturally wooded buffer shall be maintained around the perimeter of the project area and can be included in the open space requirement. Credits for open space may be given for enhanced landscaping and/or other amenities as deemed appropriate by the city council during district approval of the master plan. In addition, the 40-foot perimeter buffer requirement can be waived by city council if the proposed district's perimeter boundary lies adjacent to property subject to the same PUD-MU district designation in the comprehensive plan. However, the perimeter buffer cannot be waived if an adjoining parcel is developed per the uses allowed in the respective underlying zoning district unless said adjacent parcel has been developed for commercial purposes, in such case council may allow for a buffer reduction of up to 20 feet.


    Uses permitted in open space. Open space may be maintained in either its natural or an enhanced state as shown and noted in the landscape plan of the development as required in the application process for a planned development district. Where deemed appropriate by the city council, open space may be used for one or more of the following uses subject to the regulations of the zoning district in which the development is located and subject to local, state and federal approvals:


    Noncommercial recreational structures and uses;


    Public utilities and maintenance easements;


    Stormwater management facilities to include significant drainage swales and maintenance easements;


    Non-tidal wetlands and land designated as a special flood hazard area by the city's flood insurance risk map and 100-foot resource protection area buffer; and


    Areas to provide reasonable buffering between dissimilar uses within such development and between the development and adjoining properties.

    Redesign of such proposed development may be necessary to accommodate open space areas as may be required under this provision; provided that, in no case, shall such redesign result in reduction of the total number of proposed dwelling units otherwise realizable under this ordinance for conventional development.


    Ownership of open space. In general open space shall be in private ownership and shall be protected by legal arrangement sufficient to ensure its perpetual maintenance and preservation for purposes for which it is intended. Such arrangement shall be subject to the zoning administrator's approval as a part of the site development plan and/or subdivision plat approval process. Open space may be dedicated for public use subject to approval and acceptance by separate resolution of the city council. Open space so dedicated shall be counted as a part of the minimum required open space.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1494, § 1, 6-23-2014)