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32. Section 40.2 -308 of the City Code is amended as follows. <br />Sec. 40.2 -308. Open Space Set - Asides. <br />(A) Purpose and Intent. Open space set - asides are for the use and enjoyment of a <br />development's residents, employees, and users. Open space set - asides shall not <br />include water bodies such as lakes, ponds, streams, rivers, and other riparian <br />areas. Open space set- asides shall not be built upon (except for active and <br />passive recreational uses) or parked or driven upon (except for emergency <br />access). Open space set -aside standards are intended to: <br />(1) Preserve and protect natural features; <br />(2) Ensure resident access to open areas and recreation; <br />(3) Enhancing stormwater quality; <br />(4) Reduce heat island effect; and <br />(5) Providing other public health benefits. <br />(B) Applicability. <br />(1) Unless exempted, the provisions of this section shall be applied to <br />development of all land in the city. <br />(2) Exemptions. <br />(a) Single- family detached residential; <br />(b) Two - family residential; <br />(c) Townhouse residential; <br />(d) Commercial development; <br />(e) Industrial development:; and <br />(f) Conversion of sites utilizing an existing building (not applicable where <br />existing building is expanded or additional buildings are added). <br />(C) Open Space Set -Aside Standards. <br />(1) The following developments shall set -aside ten percent of the total <br />development site area for open space: <br />(a) Three- to four - family residential development; <br />(b) Multi - family residential development; and <br />(c) Mixed -use development. <br />(2) Three -to -four family, multi - family, and mixed -use development on lots <br />within the Downtown (D1) district shall comply with the open space set- <br />aside-standards in Table 40.2 -207. <br />(3) Open space set- asides required by this section shall not be disturbed, <br />developed, or improved with any structures, parts of any structures, or <br />mechanical equipment =, except for structures identified with active or <br />passive recreational uses such as playgrounds, gazebos, jogging traits, <br />waling paths, outdoor sports fields /courts, etc. <br />(4) Land shall be compact and contiguous unless the land is used to link or <br />continue an existing or planned open space resource. The site shall be <br />bounded by at least one street, if reasonably practical. <br />IV <br />