[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:
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)
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.
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.
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.
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.
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.
An area of land or water, essentially unimproved and set
aside, dedicated, designated or reserved for public or private use
or enjoyment.
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.
The number of dwelling units per acre on a particular site (see Section 400.2700(A)).
[Zoning Order §7.340, 4-2-2008]
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]
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Table 7-15. Open Space Design Calculation
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Zoning District
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Units/ Acres
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Min. Lot Size
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20% Open Space
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30% Open Space
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40% Open Space
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50% Open Space
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"RA-5"
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1 per 5 acres
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5 acres
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4 acres
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3 acres
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2 acres
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1 acre
|
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"LR-2"
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1 per 2 acres
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2 acres
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60,000 sf
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40,000 sf
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30,000 sf
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20,000 sf
|
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"R-40"
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1 per 1 acre
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1 acre
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32,000 sf
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28,000 sf
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24,000 sf
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18,000 sf
|
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"R-20"
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2 per 1 acre
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20,000 sf
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16,000 sf
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14,000 sf
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11,000 sf
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9,000 sf
|
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"R-10"
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4 per 1 acre
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10,000 sf
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9,000 sf
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8,000 sf
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7,000 sf
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6,500 sf
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sf = square feet
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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.
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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.
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Table 7-16. Density Bonus Calculation
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|---|---|---|---|---|---|---|---|---|
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Dedicated Public Land Bonus
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Zoning District
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Dedicated Private Recreation Facility Bonus
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Dedicated Public Building Bonus
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20 or more acres
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Less than 20 acres
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Dedicated Public Park Bonus
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Restored Public or Private Land Bonus
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Un-developed Develop-able Space Bonus
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Maximum Total Bonus
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Table 7-16. Density Bonus Calculation
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"RA-5"
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5%
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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%
|
|
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Figure 7-8 Open Space Design and Density Bonus —
Example
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The following is an example of how Division 9, Open Space Design
and Density Bonus Standards, should work:
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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.
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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).
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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.
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