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Brevard City Zoning Code

CHAPTER 7

OPEN SPACE

7.1. Purpose and intent.

The intent of these requirements is to allow for the usage of centrally located unencumbered land as neighborhood open spaces and not to permit the use of leftover or otherwise unusable land to fulfill the requirements of this chapter. Open space as defined by this chapter is also distinct from those areas that are environmentally significant and must be protected in their pristine state as dedicated open space, as required in CHAPTER 6 of this ordinance.

Effective on: 1/1/1901

7.2. General provisions.

  • A.
    Open space is defined as all public or common areas not covered by building or parking lots, detention structures, streets, required setbacks, or golf courses unless permitted by administrative review.
  • B.
    Open space shall be planned and improved, accessible and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and may contain one or more of the following enhancements: landscaping, picnic tables, gazebos, walls, fences, walks, statues, underground utilities, irrigation, fountains, ball fields, and/or playground equipment.
  • C.
    Environmentally sensitive stands of trees, stream bed areas, natural habitat, and other valuable topographic features shall be preserved within the required open space areas and left unimproved in accordance with CHAPTER 6 and CHAPTER 8 of this ordinance.
  • D.
    Playground equipment, statues, and fountains should be located toward the interior of squares and parks away from the public right-of-way to provide for adequate safety of the user.
  • E.
    Walls and fences shall be made of brick, stone, wrought iron, or wood and shall not exceed four feet in height. (Exception: Fences used in conjunction with ball fields.)
  • F.
    Open space should protect sensitive natural areas and provide focal points for the neighborhood and city. A central square or green, for example, may comprise a majority of the area required for dedication.
  • G.
    Dedicated open space shall be separately deeded to a homeowner's association, a non-profit land trust or conservancy, a local or state government, or may be held in private ownership with conservation easements recorded in the Transylvania County Register of Deeds in a form approved by the administrator.
  • H.
    The approving authority may require that recreational open space be dedicated for ownership and maintenance to the City of Brevard. Such a condition shall be based upon a determination that such recreational space would clearly serve a public benefit.
  • Effective on: 1/1/1901

    7.3. Open space dedication.

    All residential and mixed-use residential developments with more than eight total units shall be required to dedicate open space. The amount of useable open space required for dedication shall be determined using the open space dedication matrix.

    1. A.
      First, the matrix was designed to base open space requirements on the number of bedrooms in a given development rather than the usual dedication based upon the dwelling unit. This more accurately reflects the needs of the residents, as the number of bedrooms within a given development is a better representation of the actual number of residents who would use open space.
    2. B.
      Second, the matrix is established to encourage the preservation of land. By allowing for an increase in densities, the matrix provides for an increasing requirement in open space dedication. For example, a 50-acre subdivision of 100 lots developed at a density of two units per acre would generally require 3.44 acres or seven percent of dedicated open space. In contrast, this same tract of land subdivided into 400 lots (or condos) at a density of eight units per acre would require 15.15 acres or 30 percent of dedicated open space. These figures are based upon an average of three bedrooms per unit.

      Because the open space dedication requirements are based upon preliminary estimations of bedroom units in a given development, changing market conditions and final build-out of a project may yield a different bedroom count. In order to accommodate for variations, this code will permit variations to the estimated number of bedrooms up to ten percent. Variations in excess of ten percent may allow a payment in lieu of additional dedication or the dedication of additional open space.

      For the purposes of good faith estimation, all single family developments will dedicate open space at a rate of 3.5 bedrooms per unit unless otherwise stipulated. Attached homes and apartments will dedicate open space at a rate of two—four bedrooms per unit in accordance with actual building specifications.

    TABLE 7.3A: OPEN SPACE DEDICATION REQUIREMENT
     Gross Dwelling Units per Acre
     0—22—66—10+10
    Estimated Number of Bedrooms×500520550580
    TABLE 7.3A: OPEN SPACE DEDICATION REQUIREMENT
     Gross Dwelling Units per Acre
     0—22—66—10+10
    Estimated Number of Bedrooms×500520550580
    TABLE 7.3A: OPEN SPACE DEDICATION REQUIREMENT
     Gross Dwelling Units per Acre
     0—22—66—10+10
    Estimated Number of Bedrooms×500520550580
    TABLE 7.3A: OPEN SPACE DEDICATION REQUIREMENT
     Gross Dwelling Units per Acre
     0—22—66—10+10
    Estimated Number of Bedrooms×500520550580

    How to use this matrix:

    1.  
      1. 1.
        Determine average density for proposed development (Gross Dwelling Units per Acre).
      2. 2.
        Determine average number of bedrooms per dwelling unit (good faith estimate).
      3. 3.
        Multiply the average number of bedrooms by the total number of units to get to the estimated number of bedrooms.
      4. 4.
        Multiply the estimated number of bedrooms by figures shown in the matrix which relate to the density of the site and its proximity to existing open space.

        EXAMPLE:

        A developer wants to subdivide a 50 acre tract of land into 120 lots. The average number of bedrooms per lot is 3.5 (some three bedroom, some four bedroom). The tract is not within ¼ mile walking distance to any publicly dedicated open space. How much open space is required for dedication?

        The density (in dwelling units per acre) is 2.4. There are an estimated 420 bedrooms. Using the multiplier of 520 as shown in the matrix, the required amount of useable open space to be required is 218,400 square feet or 5.01 acres or ten percent of the total area.

    1. C.
      Exemptions. To encourage development of residential units in the Downtown Mixed-Use District and Neighborhood Mixed-Use District, all such residential development shall be exempt from these provisions.

      Any residential development within 1,320 feet (¼-mile) of public open space. Examples include Franklin Park, Hap Simpson Park, the bike path, and other similar publicly owned locations.

    (Ord. No. 2018-04, § 1(Att. B), 2-19-18)

    Effective on: 1/1/1901

    7.4. Payment in lieu of open space dedication.

  • A.
    If open space within a development is physically impractical due to unusual topographic conditions, then the administrator may, at their discretion, accept either an equitable amount of land in another location or a fee paid to the city in lieu of dedication. A combination of open space dedication and payments-in-lieu of dedication is permitted.
  • B.
    Payments in lieu of dedication may be approved as part of the development plan. Any disagreement in the amount of required payment shall be resolved by conducting a professional appraisal, at the expense of the developer, of the fair market value of the property. The professional appraiser shall be mutually agreed upon by the developer and city. An appraiser may be appointed by the city should an agreement not be reached.
  • C.
    All payments made in lieu of dedication shall be made at the time of construction document approval. Failure to submit the required fee along with such applications will delay approval of such submissions until payment is rendered.
  • D.
    All funds received for payment in lieu of dedication shall be used for the acquisition, improvement, development, or redevelopment of public open space within the city.
  • Effective on: 1/1/1901

    7.5. Open space criteria.

    Criteria for evaluation of land proposed for recreation areas shall include the following

    1. A.
      Location. Land for recreation purposes shall be centrally located so as to serve the needs of the residents of the subdivision or the residents of the immediate area within which the subdivision is located, and shall have at least 50 feet of frontage on at least one public street within the subdivision.
    2. B.
      Topography. The average slope of land for active recreation areas (i.e. ballfields and playgrounds) shall not exceed seven and one-half percent. The average slope of land for passive recreation areas (i.e. walking trails and open meadows) shall not exceed the average slope of the developed portion of the subdivision or development.
    3. C.
      Shape. The shape of land for active recreation shall be sufficiently square or rectangular to be suitable for, but not limited to, playground, courts, or playfields. The shape of land for passive recreation shall be sufficient to encompass the walking or jogging path, natural or cultural resource or other proposed area.
    4. D.
      Accessibility. All recreation areas shall be conveniently accessible to all residents of the subdivision. At least ½ of the acreage of all recreational space provided shall be compliant with the requirements of the Americans with Disabilities Act. All recreational space that is to be dedicated to the city shall have at least 50 feet of frontage on at least one public street within the subdivision.
    5. E.
      Usability. Land for recreation areas shall be sited such that they can be safely and easily reached by their anticipated users. Areas including non-recreational ponds and lakes, wetlands, stormwater management basins/ponds, or easements for public utility transmission lines shall not receive credit in the computation for the amount of active recreation area required.
    6. F.
      Comprehensive plan compatibility. For subdivisions which abut or include areas designated for park and/or recreational lands on an adopted city plan, the city may require that the required recreation area be located in accordance with the proposed site or portion of an existing site as shown thereon. For subdivisions that abut or include areas designated as future greenways on an adopted city plan, the administrator may require that a dedicated 30 foot minimum width public pedestrian and non-motorized vehicle easement along all such areas be all or part of the recreation area required under this chapter.

    Effective on: 1/1/1901

    7.6. Open space types.

    A broad range of recreational open space forms exist and may be utilized to satisfy the requirements of this chapter, subject to approval of the approving entity. The following types of open spaces are listed and shown as guides. The approving authority shall have the right to modify or deviate from these designs.

    1. A.
      Type I—Common Area Open Space. Common area open spaces are designed to serve the residents of the immediate block or neighborhood. Ownership and maintenance of such common areas shall be in fee simple title to a homeowners association or similar organization. Examples of common area open spaces may include: Playgrounds, courtyards, close, attached squares, plazas, forecourts, detached squares, greens, parks, parkways/greenways.
    2. B.
      Type II—Public Open Space. Public open spaces shall be dedicated to a local government or non-profit conservancy organization for ownership and maintenance. Public open spaces shall maintain free and public access. Hours of access may be restricted in accordance with health and safety guidelines. Examples of public open spaces may include: Attached squares (civic only), plazas (civic only), detached squares (downtown district or NC-C only), greens, parks, parkways/greenways, greenbelts, athletic fields.
    3.  
      1. 1.
        Playgrounds. Playgrounds provide sunny and shaded play areas for children as well as open shelter with benches for parents. Playgrounds may be built within squares and parks or may stand alone within a residential block. Playgrounds should be fenced and lit if not part of a Square or Park. Playing surfaces may be covered in sand, wood chips, or other equivalent material. Paths and walkways may be paved in concrete, crushed gravel, brick pavers, or similar material, or partially paved.

        Typical size: 10,000—20,000 square feet. 

    FIGURE 7.6A: PLAYGROUND
    Playgrounds
    FIGURE 7.6A: PLAYGROUND
    Playgrounds
    FIGURE 7.6A: PLAYGROUND
    Playgrounds
    FIGURE 7.6A: PLAYGROUND
    Playgrounds
    1.  
      1. 2.
        Close. A close is a front space for buildings interior to the block. It may be pedestrian or it may have a roadway loop around a green area. Its minimum width must coincide with emergency vehicle turning radii. The close is a superior alternative to the cul-de-sac, as the focus is a green rather than vehicular paving. The close provides additional frontage for deep squares and organic blocks.

        The paved area used for cars should not exceed 50 percent of the total area of the close.

    FIGURE 7.6B: CLOSE
    Close
    FIGURE 7.6B: CLOSE
    Close
    FIGURE 7.6B: CLOSE
    Close
    FIGURE 7.6B: CLOSE
    Close
    1.  
      1. 3.
        Attached squares. Squares are areas for passive recreational use. Squares should be bounded by streets on a minimum of three sides or 75 percent of their perimeter. Squares are encouraged to be entirely bounded by streets and/or lanes. Squares may be bounded by buildings on a maximum of 60 percent of their perimeter (maximum of two sides), if through design, central gathering area for the area is formed. Squares should be planted parallel to R-O-Ws with one tree species based on the tree type. All internal tree plantings (if provided) should be in geometrical layouts.

        Typical size: 2,000 square feet—One acre.

    FIGURE 7.6C: ATTACHED SQUARES
    Attached Squares
    FIGURE 7.6C: ATTACHED SQUARES
    Attached Squares
    FIGURE 7.6C: ATTACHED SQUARES
    Attached Squares
    FIGURE 7.6C: ATTACHED SQUARES
    Attached Squares
    1.  
      1. 4.
        Plaza. A plaza is an open area adjacent to, or part of, a civic building or facility. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. Limited parking is also permitted. Plazas are always paved in brick or other type of pavers, or crushed stone. Plazas should be level, stepped, or gently sloping (less than five percent grade).

        The following sizes are recommended but may be larger or smaller depending on the building or facility design. At no time should a plaza's horizontal length or width be greater than three times the height of the surrounding building(s).

        Typical size: 2,000 square feet—30,000 square feet.

        Plazas may be left unplanted. If planted, the trees should form a frame to the plaza space or for the structure which the plaza services.

    FIGURE 7.6D: PLAZA
    Plaza
    FIGURE 7.6D: PLAZA
    Plaza
    FIGURE 7.6D: PLAZA
    Plaza
    FIGURE 7.6D: PLAZA
    Plaza
    1.  
      1. 5.
        Forecourts. Forecourts are open space areas which act as buffers between residential and non-residential buildings or streets. Forecourts are entirely bounded by streets. It is recommended that forecourts be planted parallel to all street rights-of-way with one tree species.
    FIGURE 7.6E: FORECOURTS
    Forecourts
    FIGURE 7.6E: FORECOURTS
    Forecourts
    FIGURE 7.6E: FORECOURTS
    Forecourts
    FIGURE 7.6E: FORECOURTS
    Forecourts

    1.  
      1. 6.
        Detached square. Detached squares bordered on all sides by roads are particularly formal. Since adjacent buildings provide much of the population using any public space, detached squares are less likely to be used than other types though it remains appropriate as a means to symbolically enhance important places, intersections, or centers. Detached squares should be planted along the perimeter of the square or may be used to preserve a specimen tree or small stand of trees.

        Typical size: 200 square feet to one acre.

    FIGURE 7.6F: DETACHED SQUARE
    Detached Square
    FIGURE 7.6F: DETACHED SQUARE
    Detached Square
    FIGURE 7.6F: DETACHED SQUARE
    Detached Square
    FIGURE 7.6F: DETACHED SQUARE
    Detached Square
    1.  
      1. 7.
        Green. The green is an urban open space which is naturalistic in its details. Like the square, it is small, civic, and surrounded by buildings. Unlike the square, it is informally planted and may have irregular topography. Greens are usually landscaped with trees at the edges and open lawns at the center. Greens should contain no structures other than benches, pavilions, and memorials; paths are optional.

    Green

    FIGURE 7.6G: GREEN
    Green
    FIGURE 7.6G: GREEN
    Green
    FIGURE 7.6G: GREEN
    Green
    FIGURE 7.6G: GREEN
    Green
    1.  
      1. 8.
        Parks. Parks may be designed for passive and/or active recreational use. Parks should be bounded by streets on a minimum of 50 percent of their perimeter (subject to lot line configurations). Parks are encouraged to be entirely bounded by streets.

        Minimum size: One acre.

        Large parks should create a central open space which services an entire neighborhood or group of neighborhoods; or incorporates physical features which are an asset to the community (i.e. lake or river frontage, high ground, significant stands of trees).

        Trees should be planted parallel to all perimeter R-O-Ws with one species type, a minimum of 15 feet to a maximum of 30 feet on center. Trees should limb up a minimum of 15 feet at maturity.

        Promenades and Esplanades within a park may be formally planted with trees parallel to the walkway. Pedestrian paths under dense tree plantings should be paved with crushed gravel. Interior portions of parks are encouraged to be kept free of tree plantings. Areas for active recreational use and any facilities which accompany such use should have a tree planting design which integrates the structures into the park and defines the areas set aside for active use from areas of passive use. Plantings in interior portions of parks are encouraged to follow topographical lines.

        There should be no areas within a park of undergrowth or limbs lower than 12 feet from the ground.

        Parks may be combined with parkways and greenbelts.

    FIGURE 7.6H: PARKS
    Parks
    FIGURE 7.6H: PARKS
    Parks
    FIGURE 7.6H: PARKS
    Parks
    FIGURE 7.6H: PARKS
    Parks
    1.  
      1. 9.
        Parkways/greenways. Parkways and greenways are large, irregular open spaces designed to incorporate natural settings such as creeks and significant stands of trees within neighborhoods. Parkways are to be partially bounded by streets or pedestrian R-O-Ws within developed areas. Greenways are exempt from this requirement.

        Parkways and greenways differ from parks and squares in that their detailing is natural (i.e. informally planted) except along rights-of-way, and may contain irregular topography. Parkways and greenways may be used for certain active recreational uses and should provide at a minimum, recreation trails for walking, jogging, or bicycling.

        Interior areas should remain natural and any additional plantings should be informal in design.

    FIGURE 7.6I: PARKWAYS / GREENWAYS
    Parkways/Greenways
    FIGURE 7.6I: PARKWAYS / GREENWAYS
    Parkways/Greenways
    FIGURE 7.6I: PARKWAYS / GREENWAYS
    Parkways/Greenways
    FIGURE 7.6I: PARKWAYS / GREENWAYS
    Parkways/Greenways

    Effective on: 1/1/1901

    7.7. Timing of completion of open space requirements.

    In any development, or phase thereof, all open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than 50 percent of the proposed dwelling units or 50 percent of the gross floor area of any nonresidential uses. Provided, however, this section shall not be construed to delay the completion of sidewalks, bike/hike paths, and on-road bike lanes which must be completed in accordance with the city's procedures for public improvements.

    When any development has been approved for development in phases, it shall be designed and developed in such a manner that the phases completed at any point in time shall comply with open space and recreational amenities standards.

    (Ord. No. 15-08, § 20, 12-5-08)

    Effective on: 1/1/1901