Saying that an “open space” provision in its subdivision ordinance does not accomplish anything, the city may delete rather than defend the legally suspect requirement.

But to give itself enough time to fix the ordinance, the Bainbridge Island City Council likely will extend its moratorium on subdivisions for the next couple of months.

At issue is a requirement that subdivisions in all but high-density zones designate a portion of the land as private “open space” – land that cannot be built on. The proportion ranges from 80 percent in the large-lot zones to 40 percent in areas that permit as many as four homes per acre.