[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.
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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.
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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.