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<br />1154.262 MAINTENANCE OF COMMON OPEN SPACE. <br /> <br />All land shown on the final development plan as common open space must be conveyed to a <br />homeowners' association or similar organization for the maintenance of the planned development. The <br />common open space must be conveyed to the homeowners' association or similar organization subject <br />to covenants, to be approved by the City Council, which restrict the common open space to the uses <br />specified on the final development PIan. and which provide for the maintenance of the common open <br />space in a manner which assures its continuing Use for its intended purpose. - <br /> <br />1154.263 HOMEOWNERS' ASSOCIATION. <br /> <br />If a homeowners' association is created. the applicant shall submit plans at the time of final plan of <br />development and documents which explain: <br /> <br />(A) Ownership and membership requirements; <br /> <br />(B) Articles of incorporation and bylaws; <br /> <br />(C) Time at whjch the developer turns the ass~iation over to the homeowners; " <br /> <br />(0) Approximate monthly or yearly association fee for homeowners; and <br /> <br />(E) Specific listing of items owned in common including items as roads. recreation facilities. <br />parking. common open space ground and utilities. <br /> <br />Penalty, see ~ 154.999 <br /> <br />ADMINISTRATION <br /> <br />1154.300 PERFORMANCE STANDARDS. <br /> <br />Every use permitted by this chapter shall be so established and maintained as to comply with the <br />provisions of this section. The Council may require the owner or operator of a use permitted by this <br />chapter to provide the tests or investigations by an independent testing organization satisfactory to the <br />Council as are necessary to show compliance with these standards. The cost of the investigation and <br />tests shall be shared equally by the owner or operator and the city unless the results disclose <br />noncompliance with these standards; in that event, the entire cost shall be borne by the owner or <br />operator. This provision does not preclude the city from making any investigations and tests it finds <br />appropriate to determine compliance with these standards. <br /> <br />1154.310 VARIANCES. <br /> <br />(A) Standards. The Planning and Zoning Commission shall recommend a variance and the <br />Council shall order the issuance of the variance only if it conforms to the following standards: <br /> <br />59 <br />