23.48.852

A. Usable open space meeting the standards of this Section 23.48.852 is required in all SM-NG zones for development including one or more structures containing more than a total of 10,000 square feet of gross floor area. B. Usable open space required by subsection 23.48.852.A shall meet the following standards: 1. The minimum amount of required usable open space shall be equal to 2 square feet for every 100 square feet of chargeable gross floor area. 2. Area qualifying as required usable open space may include both unenclosed and enclosed areas as provided for in this subsection 23.48.852.B. No more than 25 percent of the required usable open space may be enclosed usable open space. 3. The required usable open space shall be accessible from street level, with variations in elevation allowed to accommodate changes in topography or to provide for features such as ramps that improve access for persons with disabilities. 4. The required usable open space may be provided in more than one location on the lot if the required amount exceeds 4,500 square feet, and as long as no separate required usable open space area is less than 2,000 square feet. 5. If the lot abuts a required mid-block corridor pursuant to Section 23.48.841 , at least 50 percent of the required usable open space shall be located adjacent to or within the mid-block corridor. 6. Area qualifying as unenclosed usable open space shall meet the following requirements: a. The average horizontal dimension shall be at least 30 feet and not less than 15 feet at any point; b. It shall abut a public street frontage or required mid-block corridor; and c. It shall be open to the sky with the exception of required overhead weather protection. 7. Enclosed open space such as an atrium or winter garden shall meet the following requirements: a. The space shall have direct access for pedestrians, including persons with disabilities, from the street, an outdoor usable open space abutting the street, or a required mid-block corridor; b. The space shall be provided as one continuous area that is a minimum of 2,000 square feet in size with an average horizontal dimension of 30 feet and a minimum horizontal dimension of 15 feet; c. The minimum clearance from ground level to the ceiling, roof, or other enclosing structure is 15 feet; and d. Lobby areas and corridors used solely to provide access between the structure's principal street entrance and elevators, does not qualify as enclosed interior open space for the purposes of this subsection 23.48.852.B.7. 8. Woonerfs consistent with the definition in Section 23.84A.044 can meet the requirement for usable open space. 9. All areas provided as usable open space under this Section 23.48.852 shall be accessible to persons with disabilities. 10. Features provided under this subsection 23.48.852.B are eligible to qualify as amenity area for residential uses required by Section 23.48.045 , provided the standards of that Section 23.48.045 are met. 11. Space provided for a required mid-block corridor pursuant to Section 23.48.841 may count towards the requirement for usable open space in this Section 23.48.852 . 12. Design of usable open space shall include various features such as seating, landscaping, and artistic elements that will enhance public use of the usable open space and increase activity and user comfort. The design of the usable open space shall be well integrated with the surrounding structures. C. Public access 1. The required usable open space shall be open to the general public without charge for reasonable and predictable hours for a minimum of 10 hours each day of every week. 2. Within the usable open space, property owners, tenants, and their agents shall allow individuals to engage in activities allowed in public places of a similar nature. Free speech activities such as hand billing, signature gathering and holding signs, all without obstructing access to the adjacent buildings or features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. D. Offsite open space 1. Usable open space required by Section 23.48.852 may be provided off site on another lot within a SM-NG zone with the same height limit. 2. The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.48.852 shall execute and record an easement in a form acceptable to the Director assuring compliance with the requirements of this Section 23.48.852 . 3. Any executed and recorded easement shall be in place prior to issuance of building permit for any development in which open space required by this Section 23.48.852 is to be provided off-site. 4. Development on any lot on which there is an easement to provide off-site open space required by this Section 23.48.852 shall provide the off-site open space prior to issuance of certificate of occupancy. (Ord. 125792 , § 7, 2019)