[Zoning Order §7.320, 4-2-2008]
A. 
The open space and density bonus standards are used to help preserve natural open space, improve and enlarge open space and provide community facilities while allowing an area to be developed to its full potential. These standards apply to single-family developments, only in the following zoning districts: "RA-5", "LR-2", "R-40", "R-20" and "R-10".
B. 
In developments where the density bonus calculation is used and land or facility is proposed to be dedicated to either a public or private entity, such bonus shall not be granted until the public or private entity has demonstrated formal approval/acceptance and agrees to maintenance of the dedication of land or facility. The boundary of the dedicated area/facility shall be recorded with the Jefferson County Recorder of Deeds. Any proposed building or facility must meet all applicable building codes.
[Zoning Order §7.330, 4-2-2008]
As used in this Article, the following terms shall have these prescribed meanings:
COMMON GROUND
Land within or related to a development, not individually owned, that is designed and intended for the common enjoyment of the residents of the development and their guests. Common ground may or may not be designated for public use, shall have ownership and maintenance responsibilities recorded in the restrictive covenants of the property owners' association and may include structures and improvements. (Also called common open space)
DEDICATED PRIVATE RECREATION FACILITY
A facility provided to a property owners or homeowners' association for use according to the covenants of the association and located on the same site of the proposed development. Such facility may be a: golf course, tennis court, swimming pool, athletic field with standards, community or recreation center or equipped playground.
DEDICATED PUBLIC BUILDING
A building provided to a public or taxing entity for use within their jurisdiction. Such building may be a: firehouse, ambulance station, water tower or similar qualifying structure, library or school facility (administrative or classroom). The dedicated public building should be located within the same jurisdiction as the proposed development. A dedicated public building also includes off-site improvement(s) to a publicly owned or maintained expressway, arterial or collector not required as part of the development approval. The value of such improvement(s) shall equal or exceed fifty percent (50%) of the value of the street improvements within the development.
DEDICATED PUBLIC LAND
A parcel of land provided for use by a local, County, State or Federal conservation agency or organization. A non-profit organization may qualify as the recipient of a dedicated public land if the non-profit organization's recorded deed of ownership guarantees the public land remain in perpetuity.
DEDICATED PUBLIC PARK
A parcel of land provided to a local government for use as a park. Such park should be a minimum of five (5) acres in size and shall include infrastructure and park improvements acceptable to the receiving entity installed at the time of dedication. The dedicated public park shall be located within a five (5) mile radius of the jurisdictional limits of the receiving entity.
DEVELOPABLE OPEN SPACE
An accessible, undeveloped area in a development plan or subdivision plat where physical constraints or lack of infrastructure (present and future) do not preclude development of home sites and the area has been set aside as open space/common ground in addition to the required open space for the development. The minimum total area of developable open space shall be five percent (5%) of the gross acreage of the development site.
OPEN SPACE
An area of land or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.
RESTORED PUBLIC OR PRIVATE LAND
An area of a development plan or preliminary plat where a community of plants no longer exists and the area will be planted with trees or other secondary succession plants in addition to the required open space for the development. The minimum total area of a restored land project should be six (6) acres.
SITE DENSITY
The number of dwelling units per acre on a particular site (see Section 400.2700(A)).
[Zoning Order §7.340, 4-2-2008]
A. 
Density shall be calculated as defined in Section 400.230.
B. 
The open space design table, Table 7-15, specifies minimum lot sizes based on the amount of open space set aside, dedicated, designated or reserved at the site on the development plan or preliminary plat.
C. 
A lot density bonus may be available for a site based on the minimum standards in Table 7-16 through provision of a dedicated private recreation facility, dedicated public building, dedicated park, dedicated public land or restored public or private land.
D. 
Further reduction in minimum lot size may be available for provision of a dedicated undeveloped developable space. The maximum additional reduction in lot size under this provision is five percent (5%).
[Zoning Order §7.350, 4-2-2008]
Table 7-15. Open Space Design Calculation
Zoning District
Units/ Acres
Min. Lot Size
20% Open Space
30% Open Space
40% Open Space
50% Open Space
"RA-5"
1 per 5 acres
5 acres
4 acres
3 acres
2 acres
1 acre
"LR-2"
1 per 2 acres
2 acres
60,000 sf
40,000 sf
30,000 sf
20,000 sf
"R-40"
1 per 1 acre
1 acre
32,000 sf
28,000 sf
24,000 sf
18,000 sf
"R-20"
2 per 1 acre
20,000 sf
16,000 sf
14,000 sf
11,000 sf
9,000 sf
"R-10"
4 per 1 acre
10,000 sf
9,000 sf
8,000 sf
7,000 sf
6,500 sf
sf = square feet
Setback Reduction When Using Open Space Design Calculation. Front and rear yard setbacks for lots utilizing the open space design standard may be reduced up to the same percentage of open space dedicated. For example, the setbacks for a lot in the "R-20" District are thirty (30) feet for the front yard and thirty (30) feet in the rear yard. If an "R-20" development utilizes the open space design and dedicates fifty percent (50%) to open space, then the front and rear yard setbacks could be reduced up to fifty percent (50%); therefore having fifteen (15) foot front yard setbacks and fifteen (15) foot rear yard setbacks. No reduction is permitted in the side yard setback.
Minimum Lot Width Reduction When Using Open Space Design Calculation. The minimum lot width for lot sizes less than ten thousand (10,000) square feet when using the open space design calculation may be reduced to thirty-five (35) feet.
Table 7-16. Density Bonus Calculation
Dedicated Public Land Bonus
Zoning District
Dedicated Private Recreation Facility Bonus
Dedicated Public Building Bonus
20 or more acres
Less than 20 acres
Dedicated Public Park Bonus
Restored Public or Private Land Bonus
Un-developed Develop-able Space Bonus
Maximum Total Bonus
Table 7-16. Density Bonus Calculation
"RA-5"
5%
10%
10%
5%
10%
5%
0%
40%
"LR-2"
5%
10%
10%
5%
10%
5%
0%
40%
"R-40"
5%
5%
5%
1%
5%
5%
5%
30%
"R-20"
5%
5%
5%
1%
5%
5%
5%
30%
"R-10"
5%
5%
5%
1%
5%
5%
5%
30%
Figure 7-8 Open Space Design and Density Bonus — Example
The following is an example of how Division 9, Open Space Design and Density Bonus Standards, should work:
A developer proposes to plat one hundred (100) acres that is zoned "R-20" District. This district has a minimum lot size of twenty thousand (20,000) square feet, a density of two (2) lots per acre. The total lot count is therefore a maximum of two hundred (200) lots.
The developer chooses an open space design under Table 7-15. Thirty percent (30%) dedicated open space can be provided. This will allow a reduction of lot sizes to fourteen thousand (14,000) square feet minimum, but does not allow any increase in lot count. The total number of lots available remains at two hundred (200).
The developer also chooses a public dedication under Table 7-16. Suppose five (5) acres are dedicated for a public park. This dedication is rewarded with a five percent (5%) increase in lot density. The developer also chooses to construct a park shelter building with running water and toilet facilities. This dedication is rewarded with a five percent (5%) increase in lot density. Now, multiply the permitted number of lots from above by ten percent (10%) for the two (2) five percent (5%) dedications. [200 X 10% = 20]. Therefore, for these public dedications, the development is allowed to increase lot count to a maximum of two hundred twenty (220) lots.