OS OPEN SPACE
(a)
The OS district has the purpose to protect the public health, safety and welfare by protecting set-aside open space whether for institutional reasons or aesthetic reasons or for the protection of land area where natural topography creates practical difficulty for urban development. It is the intent of this district to enhance the natural conditions of open space areas and to reduce the disproportionate costs of providing public facilities.
(b)
The OS district is proposed for application to public and private recreational areas, including playgrounds, pedestrian walkways, buffer strips, parks, golf courses, and country clubs where these uses comprise a significant component of the city's open space network.
Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations of such mechanisms:
(1)
Dedication of open space to the city or an appropriate public agency if there is a public agency willing to accept the dedication.
(2)
Common ownership of the open space by the residence association, which assumes full responsibility for maintenance.
(3)
Deed-restricted private ownership, which shall prevent development and/or subsequent subdivision of the open space land and provide for maintenance.
Unless otherwise specifically provided in this subdivision, the following development criteria shall apply to the OS district:
(1)
Dumping of trash, waste or offensive materials or the creation of a junkyard of any kind shall be expressly prohibited.
(2)
The location of off-premises outdoor advertising shall be prohibited.
(3)
Where the OS district is established, all such areas shall remain in their natural state unless otherwise authorized by the city.
(4)
A buffer of OS zoning shall be no less than 20 feet wide.
(5)
Enhancement, such as additional screening or planting, of the open space area, when proposed for use as a required buffer zone, may be required.
All uses of land and structures and the building or alteration of proposed structures in the OS district, whether by private or public means, shall be construed to be conditional uses and shall follow the procedures for conditional uses found in article II, division 3 of this chapter. Some uses which are characteristic of an open space district and which may be considered for conditional use are as listed:
(1)
Municipal, governmental, private or philanthropic recreational use, including parks, playgrounds, tennis courts, golf courses, skating rinks, and hiking or bridle paths.
(2)
Country club, golf course, swimming pool, tennis courts or other private recreational uses usually associated with or incidental to a social country club operated for mutual recreation for the members and not as a business for profit.
(3)
Wildlife refuge or bird sanctuary.
(4)
Greenhouses and structures associated with an arboretum, not operated for profit.
(5)
Recreation, refreshment and service buildings in parks, playgrounds and golf courses.
(6)
Parking facilities.
(7)
Public utility buildings and facilities, including units for residential emergency personnel when necessary for serving the surrounding area, provided no public business office and no repair or storage facility or sewer treatment plant are built.
(8)
Educational facilities.
(Ord. No. 332, § 2(A), 1-21-1999; Ord. N>o. 392, § 1, 5-7-2001)
No yard or height dimensions are set in this section for uses and structures in the OS district. Determination of area regulations and floodplain compliance shall be determined and recommended by the planning commission in the conditional use review process on a case-by-case basis.
OS OPEN SPACE
(a)
The OS district has the purpose to protect the public health, safety and welfare by protecting set-aside open space whether for institutional reasons or aesthetic reasons or for the protection of land area where natural topography creates practical difficulty for urban development. It is the intent of this district to enhance the natural conditions of open space areas and to reduce the disproportionate costs of providing public facilities.
(b)
The OS district is proposed for application to public and private recreational areas, including playgrounds, pedestrian walkways, buffer strips, parks, golf courses, and country clubs where these uses comprise a significant component of the city's open space network.
Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations of such mechanisms:
(1)
Dedication of open space to the city or an appropriate public agency if there is a public agency willing to accept the dedication.
(2)
Common ownership of the open space by the residence association, which assumes full responsibility for maintenance.
(3)
Deed-restricted private ownership, which shall prevent development and/or subsequent subdivision of the open space land and provide for maintenance.
Unless otherwise specifically provided in this subdivision, the following development criteria shall apply to the OS district:
(1)
Dumping of trash, waste or offensive materials or the creation of a junkyard of any kind shall be expressly prohibited.
(2)
The location of off-premises outdoor advertising shall be prohibited.
(3)
Where the OS district is established, all such areas shall remain in their natural state unless otherwise authorized by the city.
(4)
A buffer of OS zoning shall be no less than 20 feet wide.
(5)
Enhancement, such as additional screening or planting, of the open space area, when proposed for use as a required buffer zone, may be required.
All uses of land and structures and the building or alteration of proposed structures in the OS district, whether by private or public means, shall be construed to be conditional uses and shall follow the procedures for conditional uses found in article II, division 3 of this chapter. Some uses which are characteristic of an open space district and which may be considered for conditional use are as listed:
(1)
Municipal, governmental, private or philanthropic recreational use, including parks, playgrounds, tennis courts, golf courses, skating rinks, and hiking or bridle paths.
(2)
Country club, golf course, swimming pool, tennis courts or other private recreational uses usually associated with or incidental to a social country club operated for mutual recreation for the members and not as a business for profit.
(3)
Wildlife refuge or bird sanctuary.
(4)
Greenhouses and structures associated with an arboretum, not operated for profit.
(5)
Recreation, refreshment and service buildings in parks, playgrounds and golf courses.
(6)
Parking facilities.
(7)
Public utility buildings and facilities, including units for residential emergency personnel when necessary for serving the surrounding area, provided no public business office and no repair or storage facility or sewer treatment plant are built.
(8)
Educational facilities.
(Ord. No. 332, § 2(A), 1-21-1999; Ord. N>o. 392, § 1, 5-7-2001)
No yard or height dimensions are set in this section for uses and structures in the OS district. Determination of area regulations and floodplain compliance shall be determined and recommended by the planning commission in the conditional use review process on a case-by-case basis.