The intent of this chapter is to establish regulations for the development of usable open space necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the amenity of residential living and commercial gathering spaces.
(Ord. 21-501 § 9)
The following general conditions shall apply to all provisions for open space as established in this chapter:
A. 
Any area to be credited towards common usable open space shall be either:
1. 
Controlled and maintained by the owner of the property, or by an incorporated nonprofit homeowners' association, and devoted exclusively to the recreation, scenic, and leisure use of all the occupants of and/or visitors to the property; or
2. 
Dedicated in fee to, and maintained by, a public agency or recreation district, and devoted to the recreation, scenic, and leisure use of the population that will occupy the district.
B. 
Every dwelling unit in a multifamily dwelling or any dwelling built in conjunction with a commercial structure shall be provided with private usable open space for each building type as established in the applicable zoning district.
C. 
No more than 60% of the space devoted to private usable open space may be covered by a private balcony projecting from a higher story. A screening device not greater than six feet in height and constructed of dense landscaping, or a fence, wall, grill, or other screening device, may be required to abut private usable open space if in the judgment of the Planning Officer, the needs for establishing a pleasant outdoor leisure and recreation environment would thereby be met.
(Ord. 21-501 § 9)
The Zoning Design Review Board or Town Council may, as a condition of approval, require the applicant to employ any appropriate methods to ensure the permanent status and maintenance of common usable open space.
(Ord. 21-501 § 9)