1264.06 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT.
(a) Purpose; Permitted and Prohibited Uses. The purpose of the R-3 District is to provide land for single and multifamily permanent housing units. A variety of housing and building types is encouraged within this District. Commercial development is prohibited. Groups or central water and sewer facilities are required.
Specifically included in this zoning are apartments, condominiums, single-family detached homes, single-family cluster housing and other similar single and multifamily housing units.
(b) Open Space Requirements. For single-family attached and single-family detached homes, apartments and condominiums, at least twenty percent of the total acres in a proposed development area (DA) permitted under this section shall be dedicated to open space or recreation facilities exclusive of dwellings, streets, parking areas and other impervious areas where the land is not open to the sun. Such open space shall be clearly shown on the site plan and shall be physically situated so as to be readily accessible to, available to, and usable by, all residents of the development area.
(c) Maintenance of Common Open Space and Conveyance Procedures.
(1) Provisions acceptable to the Planning Commission must be included in the site plan for maintenance of all common open spaces in the development area. All common open space shown on the site plan must be conveyed by leasing or conveying title (including beneficial ownership) to a corporation, homes association or other similar entity. The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Commission for guaranteeing:
A. The continued use of such land for intended purposes;
B. Continuity of proper maintenance;
C. When appropriate, the availability of funds required for such maintenance;
D. Adequate insurance protection; and
E. Recovery for loss sustained by casualty, condemnation or otherwise.
In any event, the developer must file legal documents which will produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for the designated purposes as a requirement of the site plan.
(2) In certain circumstances, the land may be conveyed to the Municipality by dedication to the Municipality as publicly owned and maintained open space where the Planning Commission, the Park and Recreation Board and Council agree that such proposed open space fits within the General Development Plan for park development within the Municipality and is acceptable to the Municipality with regard to the size, shape and location of such land and the improvements thereon. In addition, the developer must show that the dedication of such areas will be of benefit to the general public. Under these circumstances, such land may be used to satisfy the open space requirements of this section.
(Ord. 952. Passed 5-22-81.)