§ 38-58. Additional requirements and provisions.

(a)

Any land dedicated to the city under this article shall be suitable for park and recreation use. The following characteristics of a proposed area are generally unsuitable:

(1)

Any area located in the 100-year floodplain;

(2)

Any area of unusual topography or slope which renders same unusable for organized recreational activities.

The characteristics of the park land dedication area mentioned in this subsection may be grounds for refusal of a plat.

(b)

Each park must have ready access to a public street.

(c)

Unless provided otherwise in this article, action by the city shall be by the city council after consideration of the recommendations of the planning and zoning commission and the parks and recreation board. Any proposal considered by the planning and zoning commission under this article shall have been reviewed by the parks and recreation board and its recommendation given to the commission. The commission may make a decision contrary to such recommendation only by a vote of at least five members. Should the commission be unable to get this vote, the matter shall then be referred to the city council for final decision.

(d)

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

(Code 1982, § 24-48; Ord. No. 87-1, § VIII, 1-5-1987; Ord. No. 99-20, § 1, 6-7-1999; Ord. No. 15-17, § 1, 6-1-2015)