(a) In order to promote the health and general welfare of the public and to preserve and make available open space, the Planning Commission may grant a subdivider the right to vary the yard setbacks and building placement within the zoning lot to be developed, leaving common open space free of buildings. The right to vary yard setbacks and building placement shall, however, be subject to the following conditions:
(2) Overall density shall not exceed that of the zoning district in which the proposed subdivision is located. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be one-half of the minimum lot area normally required in the zoning district in which the subdivision is located.
(3) The balance of the land in a proposed subdivision that is not contained in lots or within road rights of way shall be contiguous and of such condition, size and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the subdivider shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for free recreational purposes only. No structure, except those incidental to the recreational use, shall be permitted thereon.
(b) Open land shall be a minimum of one and one-half acres and shall be subject to taxation. In the case of tracts of three or more acres, the developer may petition the City to accept dedication of the land to be used in perpetuity as public open space.
(Ord. 73-09. Passed 3-13-73. )