[Ord. No. 2004-31 § 1, 12-14-2004]
The purpose of this Chapter is to set forth rules and regulations for the subdivision of real property so that each subdivision shall be properly coordinated with existing streets, utilities, public facilities and plans for developing these entities. In their interpretation and application, the provisions of this Chapter shall be construed 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, safe streets and comprehensive, sound development of the City, both as to its current and future requirements.
[Ord. No. 2004-31 § 1, 12-14-2004]
Advice and cooperation in the preparation of plats shall be freely given by the office of the City Engineer. Each subdivider of land shall confer with such office before preparing the preliminary plat in order to become more thoroughly familiar with subdivision requirements and the zoning provisions of this Code affecting the territory in which the proposed subdivision lies.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2009-22 § I, 6-23-2009]
A. 
Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:
SUBDIVISION
The division, redivision or resubdivision of a tract or parcel of land into two (2) or more lots or other divisions of land.
LOT SPLIT
The splitting of an existing previously platted lot into not more than two (2) tracts and does not create a substandard lot.
B. 
Exceptions. The provisions of this Chapter shall not apply to the following divisions of land: Any transfer by operation of law.
C. 
Lot Splits. The intent of this Section is to provide for the issuance of building permits on lots divided into not more than two (2) tracts without having to replat said lot. The City may issue building permits for such lots in accordance with the following regulations:
1. 
Application procedure. Requests for a lot split approval shall be made to the City Clerk by the owner of the land. The application shall include:
a. 
Four (4) copies of a scale drawing.
b. 
Legal description of the lots to be created.
c. 
The location of any structures thereon together with the precise nature, location and dimensions; and name, signature, and seal of the licensed engineer or the registered land surveyor who prepared the drawing.
A fee of fifty dollars ($50.00) shall be collected by the City Clerk at the time the application is submitted to the City Clerk. The City Clerk shall forward the completed application for Lot Split to the Planning And Zoning Commission for consideration at their next scheduled meeting.
2. 
Requirements. No lot split will be approved if:
a. 
A new street or alley or other public improvements is needed or proposed.
b. 
A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
c. 
A lot split will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.).
d. 
There is less street right-of-way than required by subdivision or zoning regulations.
e. 
All easement requirements have not been satisfied.
f. 
Such split will result in a tract without direct access to a public street.
g. 
A substandard-sized lot or parcel will be created (ref: 29-10-D.5).
h. 
The lot has been previously split in accordance with these regulations.
3. 
Ratification by the Planning and Zoning Commission. The Planning and Zoning Commission shall, within forty-five (45) days of having received the application from the City Clerk, notify the City Council in writing of their decision of approval or disapproval or continue for cause those applications which in the opinion of the Planning and Zoning Commission do not comply with these regulations. If action notification to the City Council has not been taken within the forty-five (45) day period, such lot split shall be deemed to have been approved.
[Ord. No. 2004-31 § 1, 12-14-2004]
A. 
Persons proposing subdivisions in areas located in a district zoned commercial or industrial may comply with the following procedures in lieu of other requirements of this Chapter when establishing a plat as required by this Chapter:
1. 
Plat approval. Plats required under this Chapter may be filed without delineating lot lines and the exact positioning of any lot line is exempt from the requirements of this Chapter if all lots within the plat meet minimum lot size standards of the zoning district in which the subdivision is platted.
2. 
Design and improvement standards. The design of the subdivision shall accommodate the potential uses of the subdivision and the impact of such uses on the size, capacity and extent of improvements, services and utilities set out in Section 24-16A and shall consider the potential uses of the zoning districts surrounding the zoning district or districts in which the subdivision is platted in the same manner.
B. 
A payment to the City in an amount to be determined by the City and the person proposing the subdivision as being equal to the present prevailing constructions costs of the necessary future improvements, services and utilities may be made to the City in areas where significant development has already occurred in the subdivision, proposed subdivision or zoning districts surrounding the zoning district or districts in which the subdivision is platted.