107-21 - Modification of Designated Open Space

LAST AMENDED
8/18/1983


The City Planning Commission may adjust the boundaries of a #designated open space# on a #zoning lot# provided that such
adjustment will not place the new boundary closer than 60 feet to a watercourse. As a condition for such adjustment in the
boundaries, the Commission shall find that:

(a)    such adjustment shall:

        (1)     result in a substantial improvement in the quality and usefulness of the #designated open space#; and

        (2)     permit #development# which better satisfies the purpose of this Chapter and include new features in the
                 #designated open space# which will be at least equal in quality to those which are displaced from it; and

        (3)     provide an equivalent area replacement for the area removed from the #designated open space#; or

(b)    such adjustment shall:

        (1)     be permitted to exclude:

                   (i)    a #zoning lot# which is contiguous to exempted #zoning lots# along at least two #lot lines#; or

                   (ii)   a #zoning lot# which would otherwise be contiguous to exempted #zoning lots# along at least two #lot
                           lines# but for the separation by a #street#; or

                 (iii)    #streets# #abutting# exempted #zoning lots#; and

        (2)     not substantially alter the utility and quality of the #designated open space#; or

(c)    such adjustment shall:

        (1)     be in conjunction with a public improvement project approved by the City prior to September 11, 1975, for
                 funding to exclude in whole or in part the bed of a mapped #street# and/or adjacent #zoning lots# or portions
                 thereof; and

        (2)     not substantially alter the utility and quality of the #open space network#; or

(d)    such adjustment shall:

        (1)     exclude, in whole or in part, private property contiguous with a #public park# which has been mapped since
                 September 11, 1975; and

        (2)     not preclude the continuity to the #designated open space# or the public pedestrian way or the #waterfront
                 esplanade#; and

        (3)     not substantially alter the utility and quality of the #designated open space#.