§ 155.71  REDUCTION IN LOT SIZE WHERE LAND DEDICATED TO PUBLIC USE.
   (A)   A reduction in residential lot size and dimensions no greater than 10% may be granted where lots are served by water and sewer lines if all the land made available by this reduction is dedicated to public use for parks, recreation, or other similar use. In no case can this additional land be used for streets or vehicular right-of-way except when a part of the facilities listed above.  The primary use of this land shall be for the use and enjoyment of those persons living or who live on the lots that were reduced in size through the granting of this variance.
   (B)   The Planning Commission may grant this variance only on the condition that the county, city, or other appropriate public body accept the land or area in question.  If the public body does not accept the area, a variance under this section cannot be granted, and the plat cannot be filed with the County Clerk.
   (C)   Land in floodplains and other lands subject to flooding may be dedicated to public use under this section, if the land can be used for public use.  Slopes of more than 15% but less than 35%, bodies of water, not including rivers, and other extreme physical parcels can be dedicated to public use under this section; however, the amount of land (or water surface) must be twice that of the land made available by the reduction of lot size.  Where land with a slope greater than 35%, the land dedicated to public use must be three times that land made available by the reduction of lot size.  Additional land may be required by the Planning Commission if land to be dedicated is not adequate for public use.
   (D)   The land dedicated to public use must be greater than one-half acre, and where water bodies are dedicated to public use, the water surface at a normal pool level must be at least two acres.  The land dedicated for public use can be lessened if the land can be adequately used for park and recreation purposes, but cannot be less than the land made available from the reduction of lot sizes.
   (E)   Access to the land set aside for public use must be given from a public street.  Where bodies of water are dedicated to public use, adequate shoreline must be given in order that the public may enjoy the use of these areas.
(Ord. 930.1, passed 3-15-71)