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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 131 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: 1. The yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces; and 2. That the public ownership and maintenance of the open space is adequately pro vided for by written agreements; and 3. That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and 4. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council; and 5. That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 7. The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds which benefit the residents of the City. 8. If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 9. Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. 6. Minor Subdivisions. 1. When a subdivision is requested, if either or both of the following conditions exist, the Zoning Administrator may bring the request and the completed Subdivision Application form to the attention of the City Council without going through the complete subdivision process outlined in this section: 1. The proposed subdivision will result in three (3) or fewer fully conforming lots in an area where conditions are well defined. Only once shall a subdivision of 3 lots or less be allowed in any one (1) parcel of property. All lots proposed shall have frontage on a street as required by this Ordinance. 2. In the case of a request to divide an existing lot, where the division is to permit the adding of a parcel of land to an abutting lot, or to create two (2) lots, and the newly created property line will not cause the other remaining portion of the lot or any structure to be in violation with this Ordinance. 2. The applicant will be required to submit a plat prepared by a registered land surveyor showing the original lot and the proposed subdivision. The newly created parcels also shall meet all requirements of this Ordinance. A preliminary site plan for the proposed subdivided area showing building sites, driveway access points, drainage plans and utility easements shall also be included. 3. The required filing fee for this Minor Subdivision shall be as established and, from time to time, amended by the City Council as part of the Gem Lake Fee Schedule. 4. Prior to approval of a Minor Subdivision the City Council reserves the right to require any or all sections of this Ordinance to be applied.