18.4.4.070 Open Space

A. Required Area. Table 18.4.4.070.A contains the minimum areas when common or private open space is required by this ordinance. See definition of open space in part 18.6.

Table 18.4.4.070.A. Minimum Area Required in Common or Private Open Space
	Minimum Total Area Required for Open Space	Minimum Area Required for Common Open Space	Maximum Area Allowed in Private Open Space	Density Bonus Available for Common Open Space in Excess of Base Requirement
18.5.2, Site Design Review	8% of total lot area	4% of total lot area for developments with a base density of 10 units or more	4% of total lot area for developments with a base density of 10 units or more	After 8% of total lot area is met
18.3.9, Performance Standards Option and PSO Overlay	5% of total lot area for developments with a base density of 10 units or more	5% of total lot area for developments with a base density of 10 units or more	N/A, 5% of total lot area must be common open space	After 5% of total lot area is met for developments with a based density of 10 units or more After 2% of total lot area for developments with less than 10 units
18.5.2, Site Design Review, and 18.3.9, Performance Standards Option and PSO Overlay	8% of total lot area	4% of total lot area for developments with a base density of 10 units or more	4% of total lot area for developments with a base density of 10 units or more	After 8% of total lot area is met

1. Common and Private Open Space. For developments that are subject to chapter 18.5.2, Site Design Review, the required open space area may be met by combining common and private open spaces meeting the requirements of this section.

2. Density Calculation. All areas set aside for open space shall be counted for base density. The required open space is not subject to bonus point calculations.

3. Utilities. Areas occupied by utility vaults and pedestals shall not be counted in the required open space area.

a. Common Open Space. Common open space shall be constructed and landscaped prior to submission of the final plat or issuance of a building permit, whichever is later. The City may approve a final plat or building permit prior to completion of required common open space improvements if the applicant provides a bond by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a surety or financial institution acceptable to the City, cash, or other form of security acceptable to the City. Phased developments shall meet the requirements of subsection 18.3.9.040.A.4.

b. Private Open Space. Private open space shall be constructed and landscaped prior to final occupancy of the respective dwelling unit.

5. Ownership and Maintenance. Common open space shall be set aside as common area for the use of residents of the development. Maintenance of common open space shall be the responsibility of the property owner(s) or by an association of owners (i.e., homeowners’ association).

C. Common Open Space. Common open space that is provided to meet the minimum required open space area in subsection 18.4.4.070.A shall meet the following standards. See definition of common open space in part 18.6.

1. Dimensional Standards. Common open space shall have no dimension that is less than 20 feet and a minimum area of 400 square feet, except as described below.

a. Pedestrian Connections. Walkways and multi-use paths shall contribute toward meeting the required common open space area when at least one common open space is provided that meets the dimensional standards in subsection 18.4.4.070.C.1, above. Pedestrian connections may be located within a required buffer or perimeter yard area. Sidewalks in the public right-of-way (i.e., public street) and walkways providing access to individual units may not be counted towards this requirement.

b. Natural Features. Common open space may include areas that provide for the preservation or enhancement of natural features that meet the requirements of this section and the definition of common open space. See definition of common open space in part 18.6. Natural features located in common open space shall be counted toward meeting common open space requirements. Natural features may be located within a required buffer or perimeter yard area.

2. Location. Common open space shall not be located within a required yard abutting a street, except for pedestrian connections and natural features as provided in subsection 18.4.4.070.C.1, above.

3. Slope. Common open space designed for active use, such as lawn and picnic areas, shall be located on slopes less than five percent, except for areas regulated by the Building Code (e.g., walkways). Natural features designed for passive use, such as riparian corridors and wetlands, may be located on slopes greater than five percent.

a. Structures. Common open space may include structures and outdoor furniture typically associated with outdoor recreation such as decks, gazebos, arbors, benches, and tables. Structures located in common open space shall be unenclosed and uninhabitable. Unenclosed for the purpose of this subsection means 50 percent or more of the walls are 42 inches in height or less, but the structure may be covered.

b. Fences and Walls. Fences, walls, hedges, and screen planting that are located on the perimeter of common open space shall not exceed four feet in height, except that fences in front yards and on the perimeter of the development shall meet the fence height requirements of section 18.4.4.060. This requirement shall not apply to fences located on properties adjoining but not located within a proposed development. See section 18.4.4.060, Fences and Walls, for fence permit and design standard requirements.

c. Landscaping. Common open space shall be landscaped in accordance with section 18.4.4.030, Landscaping and Screening, except for natural features as provided in subsection 18.4.4.070.C.1, above.

5. R-2 and R-3 Zones. In addition to the standards in subsection 18.4.4.070.C, above, common open space in the R-2 and R-3 zones shall meet the following requirements:

a. Surfacing. A minimum of 50 percent of the common open space must be covered in suitable surfaces for human use, such as lawn areas, durable lawn alternatives, recreational fields, or courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other groundcovers that do not provide suitable surfaces for human use if the area is usable for the intended residents, such as community gardens or a natural feature with benches and walking paths.

b. Play Areas. Play areas for children are required for projects of greater than 20 units that are designed to include families. Play areas are eligible for common open space.

c. Credit for Proximity to a Park. A credit of up to 50 percent for common open space may be granted when the development is located within one-eighth of a mile walking distance of an existing public park. Distance from the development to the park shall be measured from the lot line via a sidewalk, multi-use path or pedestrian way located in a public right-of-way or public pedestrian easement.

D. Private Open Space. Private open space that is provided to meet the minimum required open space area in subsection 18.4.4.070.A shall meet the following standards. See definition of private open space in part 18.6.

1. Eligible Spaces. Decks, patios, porches, balconies, side and rear yards, and similar areas are eligible for private open space.

a. Access. Private open space shall be directly accessible by a door from the interior of the individual dwelling unit served by the space.

b. Walkways and Storage Space. The minimum area required for private open space shall not include area for ingress and egress to a ground-floor dwelling unit (e.g., walkway to dwelling unit door) or storage space (storage or bicycle rack). The ingress and egress area shall be measured as 36 inches in width and the length of the pedestrian route.

2. Ground-Floor Dwelling Units. Decks, patios, porches, or yards shall be at least six feet deep and measuring at least 48 square feet. Ground-floor private open space shall not be located within 12 feet of recycling and refuse disposal areas. See definition of ground-floor dwelling unit in part 18.6.

3. Upper-Floor Dwelling Units. Balconies shall be at least six feet deep and measuring at least 48 square feet. See definition of upper-floor dwelling unit in part 18.6.

(Ord. 3190 § 7, added, 11/17/2020)