Subdividers Ordinance

b. The grant of a permanent, open space easement on and over the private open space to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws that are satisfactory to the governing body. 5. Construction: Construction must commence within two (2) years from the date the city grants its approval of the application or the approval shall become null and void, without any action by the council. In such a case, the applicant may resubmit the voided PAD but it will be subject to the entire processing procedure. PAD .06 SIGN REGULATIONS Signs are permitted according to the provisions of Section 6. PAD .07 PARKING & OFF-STREET LOADING REGULATIONS Parking must be provided according to the provisions of Section 7. PAD .08 LIGHTING REGULATIONS Exterior lighting is provided according to the provisions of Section 8. PAD .09 LANDSCAPING REGULATIONS At the time of any building permit in all PAD zones, the applicant must supply a landscaping plan for review by the Planning and Zoning Commission or the city designee. The landscaping plan must be appropriate to the special zone plan and must be submitted at the time of application for the building permit. The plan is subject to review of the Planning and Zoning Commission and approval of the City Council. PAD zones must provide in their landscaping plans for the placement of no less than one deciduous tree per building and additionally one deciduous tree per residential unit. The city review may also request additional landscaping such as shrubs and border vegetation if this appears to be beneficial and conducive to a more esthetic, attractive, and orderly development of the area. PAD SPECIAL REGULATIONS .10 A. Ownership. The development must identify the legal owners of the property. All applications must indicate the authority of the owner for the act of execution. B. Desirability. The proposed use of the particular location must prove necessary or desirable and must provide a service or facility that will contribute to the general well-being of the surrounding area. It must show that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing near the PAD. C. Approval and Compliance. In order to approve a PAD, the City Council may require that the following conditions (among others it deems appropriate) be met by the applicant: 1. The proposed PAD application will be processed in the same manner as all other rezoning requests, including the requirement that the application fee must be paid at the time of filing the application. Upon receipt of a fully completed application and payment of fees, the City Clerk will begin processing the application in the same manner as any other rezoning application. 2. The City Council may approve or disapprove an application for a planned area development. If approved, the City Council may attach 104 Adopted November 14, 2007