The purpose of this District is to establish provisions for areas containing valuable environmental qualities which, in order to conserve the City’s natural resources, preserve the amenities of its environment, prevent the overcrowding of land, avoid undue concentration of population and alleviate severe flooding problems, have been determined to best be retained in substantially an undeveloped state.

   Private Property: Property in private ownership, consisting of ten (10) acres or more, that meets the requirements, may also be designated for the Conservancy District, but only upon acceptance of a petition from the property owner.

   When uncertainty exists as to the Conservancy District boundaries, the following rules shall apply:

   A.   District boundaries along a stream are intended to represent the high-water line of a regional flood; provided, however, that along a stream, such line shall not be less than fifty feet (50') from the center of such stream.

   B.   District boundaries in a wetland area are intended to represent the edge of a swamp, marsh or other wetland area. The edge shall be defined as the mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The edge is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

   C.   District boundaries in a public park or common open space are intended to represent the property lines of such area.

   Before any property in private ownership shall be accepted for inclusion in the Conservancy District, the petitioner shall provide the following:

   A.   A survey of the property and a legal description of the property. Such survey shall be prepared by a registered land surveyor.

   B.   A topographic map with contour lines designated at an interval of five feet (5') or less.

   C.   A site plan indicating the location of all trees of fifteen inches (15") in diameter or more, as well as other environmentally significant features.

   D.   An agreement, acceptable to the City Council, which specifies the length of time such petitioner wishes to have his/her property remain in the Conservancy District. Under no circumstances shall the time period be less than five (5) years.

   The following uses are permitted as a right in the Conservancy District:

   A.   Agricultural uses.

   B.   Conservation uses, including drainage control, forestry, wildlife sanctuaries and facilities for making such uses available and useful to the public.

   C.   Nature study areas and arboretums.

   D.   Open space areas connected with residential, commercial and industrial planned unit developments.

   E.   Outdoor recreational uses operated by a governmental agency or conservation group, homeowners’ or private associations and facilities for making such uses useful to the public or to associations.

   If, through good site and engineering designs, a development can be created which is compatible and harmonious with the natural amenities of the Conservancy District area and with surrounding land uses, a request for a Planned Unit Development may be submitted in compliance with Title 11, Chapter 12. Such requests shall be accompanied by an overall plan of the entire area showing roads, parking areas, lot lines, easements, the location of tree cover, including the designation of individual trees of fifteen inches (15") in diameter or more, the location of other natural and biological features, such as wetlands and areas of valuable wildlife habitat, the locations of proposed structures, existing contours and proposed grading, drainage, utilities and landscaping in such detail as the Community Development Director and City Engineer shall require before they may be reviewed by the Planning Commission. The approval of such a request by the City Council shall require a finding that:

   A.   The development will not detrimentally affect or destroy natural features, such as ponds, streams, wetlands and forested areas, but will preserve and incorporate such features into the development’s site design.

   B.   The location of natural features and the site’s topography have been considered in the designing and siting of all physical improvements.

   C.   Adequate assurances have been received that the clearing of the site topsoil, trees and other natural features before the commencement of building operations will not occur. Only those areas approved for placement of physical improvements may be cleared.

   D.   The development will not substantially reduce the natural retention storage capacity of any watercourse, thereby increasing the magnitude and column of flood at other locations.

   E.   The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

   F.   The development will be free from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, fumes, water pollution and other objectionable influences.

   G.   The petitioner will be substantially damaged by being required to place the intended development outside the CD District.

   The following standards for development of land located within the Conservancy District are required. They are not meant to abridge or otherwise alter any regulations promulgated by the State Department of Natural Resources or watershed district authority:

   A.   Minimum Lot Area: Unless intended for a permitted use, the minimum lot area for a development shall be five (5) acres.

   B.   Lot Coverage: No more than ten percent (10%) of the lot area located in a CD District shall be occupied by structures, parking facilities and roadways.

   C.   Location in Floodprone Areas: Areas of Conservancy Districts which are located in a flood plain or floodway shall be additionally subject to the provisions of the Floodway and Flood Plain District.