[R.O. 2012 §405.010; CC 1979 §28-1; Ord. No. A-3976 §4, 8-15-1978]
The provisions of this Chapter shall be administered by the
Zoning and Planning Commission and the City Council.
[R.O. 2012 §405.020; CC 1979 §28-2; Ord. No. A-3976 §2, 8-15-1978]
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements adopted for the
protection of the public health, safety and welfare. To protect the
public, among other purposes, such provisions are intended to provide
for permanently wholesome community environment, adequate municipal
services and safe streets.
[R.O. 2012 §405.030; CC 1979 §28-3; Ord. No. A-3976 §3, 8-15-1978]
This Chapter shall apply to any lot forming a part of a subdivision
created and recorded after September 1, 1978. This Chapter is not
intended to repeal, abrogate, annul or in any way impair or interfere
with existing provisions of other laws or ordinances, except those
specifically repealed by this Chapter, or with private restrictions
placed upon property by deed, covenant or other private agreement,
or with restrictive covenants running with the land to which the City
is a party. Where this Chapter imposes a greater restriction upon
land than is imposed or required by such existing provisions of law,
ordinance, contract or deed, the provisions of this Chapter shall
control.
[R.O. 2012 §405.040; CC 1979 §28-4; Ord. No. A-3976 §5, 8-15-1978; Ord. No. A-6631, 2-5-1998]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The Zoning and Planning Commission of the City.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the City Council for approval
and which, if approved, will be submitted to the County Recorder for
recording.
A parcel or portion of land in a subdivision or plat of land,
separated from other parcels or portions by description as on a subdivision
or record of survey map or by metes and bounds, for the purpose of
sale or lease to or separate use of another.
The map of the City showing its streets and alleys, subdivisions
and other boundaries, as prepared by the City Engineer.
Any person having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this Chapter.
The preliminary map, drawing or chart indicating the proposed
layout of a subdivision to be submitted to the Commission for its
consideration.
Street: A way for vehicular traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place or otherwise.
Alley: A minor way which is used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
Cul-de-sac or dead-end street: A minor street
with only one (1) outlet.
Street width: The shortest distance between
the lines delineating the right-of-way of a street.
Any person commencing proceedings under this Chapter to effect
a subdivision of land for himself/herself or for another.
The division of a parcel of land into two (2) or more lots or
parcels for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided, that a division of land which may be ordered or approved
by a court or effected by testamentary or intestate provisions, or
a division of land for agricultural purposes into lots or parcels
of ten (10) acres or more and not involving a new street, shall not
be deemed a subdivision. The term includes resubdivision and, when
appropriate to the context, shall relate to the process of subdividing
or to the land subdivided.
The regulations of Chapter 405 shall apply both to mobile home park development and to manufactured home subdivision development. The same platting procedure, approval procedure, preliminary and final plat, design standards and improvement procedures of Articles II and VI shall apply to mobile home parks as to manufactured home subdivisions.
[R.O. 2012 §405.050; CC 1979 §28-5; Ord. No. A-3976 §6, 8-15-1978]
Except as provided in this Chapter, no person shall subdivide
any tract of land which is located within the City except in conformity
with the provisions of this Chapter.
[R.O. 2012 §405.060; CC 1979 §28-6; Ord. No. A-3976 §13, 8-15-1978]
A.
The
Commission, with the approval of the City Council, may authorize a
variance from the regulations of this Chapter when, in its opinion,
undue hardship may result from strict compliance. In granting any
variance, the Commission and Council shall prescribe only conditions
that they deem necessary to or desirable for the public interest.
In making its findings, the Commission and Council shall take into
account the nature of the proposed use of land and the existing use
of land in the vicinity, the number of persons to reside or work in
the proposed subdivision and the probable effect of the proposed subdivision
upon traffic conditions in the vicinity. No variance shall be granted
unless the Council finds:
1.
There are special circumstances or conditions affecting the property
such that the strict application of the provisions of this Chapter
would deprive the applicant of the reasonable use of his/her land;
or
2.
The variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner; and
3.
The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which the
property is situated.
B.
Application
for any such variance shall be submitted in writing by the subdivider
at the time when the preliminary plat is filed for the consideration
of the Commission. The application shall state fully the grounds for
the application and all the facts relied upon by the petitioner. Such
application shall be presented to the Council when the final plat
is submitted.
