Section 78-43 - Modification for Open Space Requirements in Large-scale Developments
For all large-scale residential developments in R5, R6, R7, R8 or R9 Districts, or in Commercial Districts in which residences are governed by the bulk regulations of such Residence Districts , the City Planning Commission may modify the requirement for open space as set forth in the definition of open space in Section 12-10 (DEFINITIONS) by allowing parking space on the roofs of parking garages not abutting another building and not more than 23 feet in height above curb level , to count as open space and by not requiring connections from such roofs to ground level by exterior passageways or ramps, provided that the following findings are made:
(a) that the total area occupied by driveways, private streets, or open accessory off-street parking spaces in all areas claimed as common or private open space throughout the large-scale residential development shall not exceed 40 percent of the total required open space for the large-scale residential development ; and
(b) that such arrangement and use of open space results in better site planning and community planning.