§ 6.702. General provisions.

A.

Establishment of district. The conservation open space (COS) district is hereby established as shown on the official zoning district map and shall be designated on this map as "COS."

B.

Applicability.

1.

General Applicability. The COS district is intended to be applied to property at the request of the property owner. The request may accompany a rezoning of additional land included in the same application, or it may be an independent application to rezone an entire parcel COS. The City may also initiate a COS rezoning.

2.

Applicability to Hillside District. Land previously rezoned as hillside conservation (HC) area, and identified as permanent open space, may be zoned conservation open space. The property owner or the City may initiate a COS rezoning.

3.

Dedications and Donations. The COS district may be applied by the City to land that is preserved for public use by an easement, or is dedicated and/or donated to the City or other entity, for the purpose of keeping the land as permanent natural open space.

C.

Application requirements.

1.

Include information to demonstrate that the property is suitable for conservation.

2.

Identify and locate on a map any permitted or conditional uses proposed for the property.

3.

Identify and locate on a map any easements or dedications for the property, including trail easements.

4.

Demonstrate to the satisfaction of the City, that the entire property shall be permanently maintained as a natural open space through easements, donation, or dedication to the City or other entity, and shall be contained entirely within common tracts that are not crossed by individual property lines. If the property is owned by a homeowners association, the property shall be maintained through a common maintenance agreement.

D.

Fee waiver. If the dedication, and/or donation of land for COS designation is to the City, and the City accepts the gift, the donor shall not be charged any fee by the City for rezoning the property conservation open space (COS).

(Ord. No. 2275, § 1, 1-16-90; Ord. No. 3920, § 1(Exh. § 57), 11-9-10)