1246.07 USE RESTRICTIONS AND MODIFICATIONS.
   (a)   Restrictions. Wherever property is proposed for subdividing with the intention that it shall have a use different than that designated in the Zoning Code, such use shall be stated in an application for an amendment to the Zoning Code or in a separate statement filed with the Planning Commission. Conformity with the objectives of the Comprehensive Development Plan shall be required so as to ensure general uniformity of land uses within blocks and neighborhoods.
   (b)   Conformity with Zoning Code. Property use and area restrictions shall be in accordance with the Zoning Code.
   (c)   Business or Commercial Lots. Business or commercial lots, when platted, shall bear a reasonable relation in number to the probable number of families constituting the purchasing power of the surrounding tributary area. The Commission shall recommend the location of business and commercial lots in accordance with the Comprehensive Development Plan and the Zoning Code.
   (d)   Commercial or Industrial Modifications. These subdivision design standards may be modified in accordance with Section 1242.04 in the case of a subdivision specifically for commercial or industrial development, including shopping districts, wholesaling areas and planned industrial districts. However, in all cases, adequate provisions shall be made for off-street parking and loading areas, as well as for traffic circulation.
   (e)   Flood Hazard Areas. Areas within a proposed plat which are subject to flooding or inundation by storm water, which are within the floodplain of a river, stream, creek or lake or which have inadequate drainage shall not be platted for any use that could increase danger to life, health or property. If Council determines that a flood problem exists, then it shall reject all or part of the proposed plat lying within the floodplain or area subject to flooding. Areas of land lying within a floodplain shall require compliance with the Subdivision Control Act and review by the State Department of Natural Resources. The proprietor may show, by engineering site plans, that a change in the topography will eliminate flooding and shall demonstrate that any planned topographical change will not aggravate the flood hazard beyond the limits of the plat.
   (f)   Public Sites and Open Spaces.
      (1)   In the design of the plat, thorough and equitable consideration shall be given by the subdivider and the City to the dedication or reservation of suitable sites of adequate area for future schools, parks, playgrounds and other public purposes. The location of these facilities should conform as nearly as possible to the Comprehensive Development Plan. Such open spaces shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Planning Commission may recommend the reservation of such areas within subdivisions.
      (2)   Upon a determination by a public agency that space for a public facility is required, the agency involved shall, within ninety days, enter into an agreement to purchase the site. Acquisition of the site shall be accomplished within three (3) The reservation of other public open spaces may be required where deemed necessary by the Commission for preservation of historic sites and scenic areas, or for a particular type of development proposed in the subdivision but not anticipated in the Comprehensive Development Plan.
      (4)   The dedication of planting strips or buffer parks may be required by the Commission in areas where it deems it desirable to separate and protect residential subdivisions from adjacent commercial developments, highways, streets, railroads or obnoxious uses. Such strips shall be a minimum of twenty feet in width and shall not be a part of a normal roadway right of way or utility easement.
   (g)   Reserve Strips.
      (1)   Private reserve strips. Privately held reserve strips controlling access to streets shall be prohibited.
      (2)   Public reserve strips. A one-foot reserve strip may be required to be placed at the end of dead-end streets which terminate at subdivision boundaries and between half-streets. These reserves shall be deeded in fee simple to the City for future street purposes.
   (h)   Protection of Natural Features. Due regard shall be shown for all natural features, such as large trees, exceptionally fine groves of trees, watercourses, scenic points, historic spots and similar community assets, which features, if preserved, will add attractiveness and value to the subdivision.
(Ord. 260. Passed 12-7-77.)