[R.O. 2006 §410.010; CC 1985 §22-1; Ord. No. 42.030 Art. I, 5-10-1983]
This Chapter may be cited as "The Land Subdivision Ordinance."
[R.O. 2006 §410.020; CC 1985 §22-2; Ord. No. 42.030 Art. I, 5-10-1983]
A. The
purposes of this Chapter are:
1. To provide for the coordination of streets within subdivisions with
other existing or planned streets or with other features of the comprehensive
plan of the City;
2. To provide minimum requirements for the preliminary and final plats;
3. To provide for minimum standards of physical improvements in new
subdivisions;
4. To provide for adequate open spaces for traffic, recreation, light
and air; and
5. To provide for a distribution of population and traffic for the health,
safety, and general welfare of the community.
[R.O. 2006 §410.030; CC 1985 §22-3; Ord. No. 42.030 Art. II §1, 5-10-1983; Ord. No. 92.24 §1, 10-22-1992; Ord. No. 96.35 §1, 8-1-1996; Ord.
No. 97.24 §1, 8-21-1997; Ord. No. 98.04 §1, 3-19-1998]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
ARTERIAL STREET
A street primarily intended to provide for high volume, moderate
speed traffic and moderate to extended trip length. Access to abutting
property is subordinated to major traffic movement and is subject
to the necessary access limitations.
BUILDING LINE
A line on a plat between which line and a street, no building
or structure may be erected.
COLLECTOR STREET
A street intended to serve as a collector of the local needs
of an area and not designated as a major street in the comprehensive
plan.
COMPREHENSIVE PLAN
The comprehensive plan made and adopted by the Commission,
indicating the general locations recommended for the streets, parks,
public buildings, zoning districts, and all other public improvements.
CUL-DE-SAC
A minor street with only one (1) outlet and culminated by
a turnaround.
LOCAL STREET
A street intended to serve only local needs of an area or
a subdivision.
LOT
A parcel of land created under the provisions of this Chapter
intended to be separately owned, developed or otherwise used as a
unit.
LOT AREA
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
LOT, FLAG
A residential lot with two (2) discernible portions described
as follows:
1.
Access portion. That portion of the lot having
frontage on or abutting a public road, with the frontage being sufficient
in width for a private drive to serve the building site portion.
2.
Building site portion. That portion of the
lot not fronting on or abutting a public road, but connected to a
public road by the access portion of the lot. The building site portion
of the lot must meet the minimum dimensions and area requirements
for lots in the particular zoning district.
LUMEN
Light output, including refraction, as specified by the light
source manufacturer.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of five (5) or more lots, or any size
subdivision requiring any new street or extension of City facilities
or the installation of any public improvements.
MINOR SUBDIVISIONS
Any subdivision containing not more than four (4) lots fronting
on any existing street, not involving any new street or road, or the
extension of municipal facilities or the creation of any public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
comprehensive plan, Official Zoning Map, zoning ordinance, or these
regulations.
ORNAMENTAL LIGHTING
Street lighting and related accessories of a type and kind
more aesthetic than normally installed by the City.
PRIMARY HIGHWAY
A street intended to serve as a major trafficway and designated
as a major street in the comprehensive plan.
REFRACTOR
A transparent glass or plastic covering around a light source,
designed to direct the light into a given area.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other divisions of land. "Subdivision" includes
resubdivision and, when appropriate to the context, relates to the
process of subdividing or to the land or territory subdivided.
ZONING ADMINISTRATOR
The officer appointed by the Board of Aldermen to administer
these regulations and to assist administratively other Boards and
Commissions.
[R.O. 2006 §410.040; CC 1985 §22-4; Ord. No. 42.030 Art. III §1, Art. IX, 5-10-1983]
A. It
shall be unlawful for any person being the owner, agent, or person
having control of any land within the City to subdivide or lay out
such land in lots unless by a plat, in accordance with this Chapter.
No lots shall be sold nor any plat recorded until such plat has been
approved as provided in this Chapter.
B. Whoever, being the owner or agent of the owner of any land located within the City, knowingly or with intent to defraud, transfers or sells by reference to or exhibition of or by other use of a plat or subdivision of such land before such plat has been approved by the Board of Aldermen, shall be punished as provided in Section
405.730 for each lot so transferred or sold, or agreed or negotiated to be sold, and a description by metes and bounds shall not exempt the transaction from such penalties. In the alternative the City may require conformance with this Chapter.
[R.O. 2006 §410.050; CC 1985 §22-5; Ord. No. 42.030 Art. IV §§2, 7, 5-10-1983; Ord. No. 96.35 §2, 8-1-1996]
This Chapter does not apply to streets maintained by the City
prior to May 10, 1983.
[R.O. 2006 §410.060; CC 1985 §22-6; Ord. No. 42.030 Art. VIII, 5-10-1983]
Whenever the application of the requirements contained in this
Chapter would result in real difficulties or substantial hardship
or injustice, the Board of Aldermen, after a report by the Commission,
may vary or modify such requirements so that at the same time the
public health and welfare and interests of the City are protected
and the general intent and spirit of this Chapter are preserved.
[R.O. 2006 §410.070; CC 1985 §22-7; Ord. No. 42.030 Art. X, 5-10-1983]
This Chapter may be changed and amended from time to time by
the Board of Aldermen; provided however, that such changes or amendments
shall not become effective until after a study and report by the Commission
and until after a public hearing has been held, public notice of which
shall have been given in a newspaper of general circulation at least
fifteen (15) days prior to such hearing.
[R.O. 2006 §410.080; Ord. No. 96.35 §3, 8-1-1996]
A. Subdivisions
shall be classified as either minor or major in accordance with the
provisions of this Section.
B. Classification of subdivisions shall be made by the Zoning Administrator in accordance with these provisions and the definitions as outlined in Article
I, Section
410.030.
C. The
classification of a subdivision as a "minor subdivision" shall not
be construed as a waiver of the platting requirements of the Subdivision
Regulations nor the provisions of any other ordinance or Statute pertaining
to the property.
[R.O. 2006 §410.090; Ord. No. 96.35 §4, 8-1-1996]
A. A preapplication
conference is required. Applicants must submit a sketch plat for preliminary
discussion with the Zoning Administrator. The Zoning Administrator,
after review of the applicant's proposal, shall determine if the subdivision
is minor or major. If the sketch plat is in order and the Zoning Administrator
determines that the subdivision is minor, a preliminary plat is not
required.
B. Application
for minor subdivision review shall be filed on forms provided by the
Zoning Administrator. The same shall be submitted with five (5) copies
of the final plat.
C. The
Zoning Administrator shall review the application and the plat. He/she
may submit it for review and comments to other agencies and departments
as he/she deems necessary.
D. The
Zoning Administrator shall, in writing, approve or disapprove, with
or without conditions, the minor subdivision within thirty (30) days
from the date of application.
E. If
approved, and after all conditions have been met, the Zoning Administrator
shall forward the plat to the Mayor and to the City Clerk for certification
of approval. The plat will then be recorded in the office of the Recorder
of Deeds of the relevant County and a copy forwarded to the Planning
Department, the City Clerk, and the applicant.