30.41C.090 Restricted open space - general requirements.
(1) All open space within the rural cluster subdivision used to meet the open space requirements for lot yield calculations shall be restricted open space. Such restricted open space shall be designated, held in tracts separate from residential lots, and marked on the face of the plat.
(2) To qualify as restricted open space, an area must meet the following standards:
(a) It must be used for buffering, critical area protection, resource production, conservation, recreation, community utility purposes, or general preservation;
(b) At least 25 percent of the open space tract shall be accessible by all residents of the rural cluster subdivision or short subdivision for passive recreation, except when the restricted open space is fenced off as a critical area protection area. Access points to open space shall be shown on the face of the plat;
(c) The following uses are permitted in restricted open space tracts unless prohibited by chapter 30.62A, 30.62B or 30.62C SCC:
(i) Beaches, docks, swimming areas, picnic areas, trails/pedestrian walkways, equestrian trails, equestrian centers or structures related to animal husbandry or farming, playgrounds, or any nonmotorized passive recreational facilities and other similar uses as authorized by the director;
(ii) Community wells, well houses, water lines, water system appurtenances and community drain fields;
(iii) The following drainage facilities that meet the landscaping requirements in SCC 30.25.023:
(B) Stormwater treatment wetlands;
(C) Stormwater infiltration trenches and bioswales that serve more than one dwelling; and
(D) Low impact development best management practices that serve more than one dwelling, excluding permeable pavement areas intended for vehicle access and parking.
(iv) Natural resource uses in accordance with chapters 30.32A, 30.32B and 30.32C SCC.
(d) At least 30 percent of the total area of restricted open space shall be left undisturbed. Undisturbed open space may contain critical areas and their buffers. Such undisturbed restricted open space shall be identified on the site plan and marked clearly on the land disturbing activity site plan.
(3) SCC Table 30.41C.090 establishes the minimum percentage of the original gross development area that shall be retained as restricted open space tracts, except when the land is also designated as rural urban transition area (RUTA), which is governed by SCC 30.41C.140.
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Zones and comprehensive plan designation |
(1) Forestry (F) zone (2) Forestry & Recreational (F&R) zone |
(1) Rural 5-acre zone in RR-5 & RR-10(RT) without MRO (2) Rural Resource Transition 10-acre zone, Rural Conservation (RC) zone & Rural Diversification zones in RR-10(RT) designation with MRO |
(1) Rural 5-acre zone in RR (RR Basic) designation without MRO |
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Minimum restricted open space |
60 percent |
45 percent |
45 percent |
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Minimum restricted open space (natural resource lands) |
60 percent |
60 percent |
60 percent |
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Notes: The Mineral Resource Lands Overlay (MRO) is a comprehensive plan designation overlay which overlaps other designations. Where the MRO overlaps the R-5 zone, residential subdivision is prohibited on any portion of a parcel located within the MRO under SCC 30.32C.050. |
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(4) No more than 65 percent of the total restricted open space area may consist of unbuildable land as defined in SCC 30.91U.060.
(5) To retain rural character, the restricted open space shall contain on-site forested areas, active agriculture, meadows, pastures or prominent hillsides or ridges.
(6) The following notice shall be filed on the title of the properties within the plat and shall be placed on the face of the final plat and short plat:
"Tract ___ is a restricted open space tract with limited uses pursuant to chapter 30.41C SCC. The open space tract is intended to be preserved in perpetuity."
(Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).