Sec. 1.5.3. Outdoor Amenity Area

  1. Intent
    1. Outdoor amenity areas are intended to provide usable on-site outdoor space in both residential and non-residential developments for the healthy enjoyment of occupants, invitees and guests of the development.
  2. General Requirements
    1. Where outdoor amenity area is required, it must be provided on-site and must be available for use by or as an amenity for the occupants, invitees and guests of the development.
    2. A minimum of 50% of the required outdoor amenity area must be usable to the pedestrians described in subsection 1. above. All areas usable to pedestrians must also be ADA accessible, however, this requirement shall not apply to outdoor amenity areas on the upper stories of existing buildings, allowed by Sec. 1.5.3.C.1., that do not have ADA compliant elevators or an accessible route to said amenity areas.
    3. Required outdoor amenity area may be met in 1 contiguous open area or in multiple open areas on the site ; however, to receive credit, each area must be at least 10 feet in width and length.
    4. Required outdoor amenity area may be located at or above grade.
    5. Required outdoor amenity area cannot be parked or driven upon, except for emergency access and permitted temporary events.
    6. Required outdoor amenity area may be covered but cannot be enclosed however outdoor amenity areas within the DX- district that will be covered by structures with a clear height no less than 8’ and less than the proposed minimum ground story height must account for no more than 50% of the required area. Perforated structures, where the sum area of the openings is greater than 50% or more of the surface area of the structure, shall not be considered covered for the purposes of this restriction.
    7. Green Stormwater Infrastructure (GSI) practices may be located within a required outdoor amenity area provided all other requirements of this subsection are met.Tree Conservation areas, stormwater detention wet ponds and dry ponds, slope/construction easements, riparian buffers, all protective yards, Zone A of neighborhood transitional protective yards and parking islands shall not be considered an outdoor amenity area.
    8. Sidewalk areas outside of the right-of way, even if used to satisfy streetscape requirements, shall also be eligible to count towards outdoor amenity area requirements provided all other requirements of this subsection are met.
    9. Areas outside of the right-of-way required to be set aside for required street trees shall be eligible to count towards outdoor amenity area requirements provided all other requirements of this subsection are met.
    10. Outdoor amenity areas meeting the requirements of Section 1.5.3. shall also be eligible to count towards required open space provided it also meets Article 2.5.
  3. Additional Requirements for Urban Plazas
    Amenity areas located within the DX- District; the NX-, CX- or OX- Districts with an urban frontage; or the TOD, and associated buildings in excess of 4 stories in height must meet all of the following:
    1. Outdoor amenity areas may be located on upper levels of a building however, these elevated amenity areas can account for no more than 50% of the minimum required outdoor amenity area for the site.
    2. Outdoor amenity areas shall contain at least one of the following: tables, eating areas, fountains, active recreation areas, or public art.
    3. All required outdoor amenity areas must provide one linear foot of seating for each 50 square feet of required outdoor amenity area and one two-inch caliper tree for every 1,000 square feet of required outdoor amenity area.
    4. For all buildings greater than 7 stories in height, the minimum amount of required outdoor amenity area specified in chapter 3 shall be increased. An additional 50 square feet of outdoor amenity area is required for each building story above the seventh story. In no case shall the required amenity area exceed 12% of the gross site area.
  4. Additional Exemptions/Reductions for Qualifying Projects in the DX District
    1. No outdoor amenity area is required for mixed-use buildings where nonresidential gross square footage (GSF) does not exceed 10,000 SF and where there are no more than 16 residential units proposed.
    2. No outdoor amenity area is required for residential-only buildings where there are no more than 16 dwelling units proposed.
    3. Any general building, or mixed-use building that is 50% or more nonresidential in floor area may reduce the minimum required outdoor amenity area by 50% in return for 100% of the provided amenity area being contiguous with and openly accessible from the sidewalk.
    4. The minimum amount of required outdoor amenity area can be reduced by up to 50% when modular suspended pavement systems are provided for all new required tree plantings.
  5. Design Alternate Findings
    The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall allow outdoor amenity areas that do not conform to the outdoor amenity area regulations set forth in Sections 1.5.3.B. and/or 1.5.3.C., if all of the following findings are satisfied:
    1. The approved alternate meets the intent of the Outdoor Amenity Area regulations;
    2. The approved alternate provides usable outdoor space that does not hinder pedestrian comfort or safety; and
    3. The approved alternate uses landscaping, seating, GSI, or other features and is clearly accessible for users.