[R.O. 2009 §22-1; Code 1969 §37-1; Ord. No. 3040 §1, 11-20-1989]
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:
BUILDING LINE
A line on a plat between which line and street or private
place no buildings or structures may be erected.
LOT, FLAG
A residential lot with two (2) discernible portions as follows:
1.
Access portion: That portion of the lot having
frontage on or abutting a public road or street right-of-way and extending
perpendicular therefrom to the rear lot line of such lot.
2.
Appendage portion: That portion of the lot
not fronting on or abutting a public road or street right-of-way but
connected to a public road or street right-of-way by the access portion
of the lot.
METES AND BOUNDS
The method used to describe a tract of urban land intended
to be used for dwelling or other purposes so that it can be recorded
in the County Recorder's office, as contrasted with the description
of a part of a properly approved and recorded subdivision plat by
the lot and block number.
PLAT
A map, drawing or chart on which the subdivider's plan of
the subdivision is presented and which he/she submits for approval
and intends in final form to record.
SUBDIVISION
1.
The division of land into two (2) or more tracts, sites or parcels;
2.
Dedication or establishment of a road, highway or street through
a tract of land regardless of area;
3.
Resubdivisions of land divided or platted into lots, sites or
parcels.
Any sale or contract of sale or agreement to purchase any lot
or subdivision of land by metes and bounds as defined in this Section
shall constitute a subdivision of land and require, prior to any sale
or contract of sale or agreement to purchase and before the delivery
of a deed, the submission of a plat to the Planning and Zoning Commission
as required by law; provided that this does not apply to the sale
or exchange of parcels of land to or between adjoining property owners
where such sale or exchange does not create additional lots or unless
such a sale has been approved by the Board of Aldermen. The term shall
be applicable and the provisions of this Chapter shall apply, any
precedent, custom or usage to the contrary notwithstanding, to the
creation of one (1) or more additional lots by the division, subdivision
or dividing up to property theretofore used as a single residential
lot upon which only a single residence had theretofore been situated.
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[R.O. 2009 §22-2; Code 1969 §37-2; Ord. No. 3353 §1, 9-19-1994]
A. In
seeking to subdivide or resubdivide any tract or parcel of land within
the City, the owner or his/her authorized agent shall:
1. Confer with the Director of Planning and Development in order to
become thoroughly familiar with the City's regulations and requirements
affecting the territory in which the land in question lies and shall
obtain copies of all ordinances pertaining to procedure and requirements
for subdivision of land;
2. Submit to the Planning and Zoning Commission twenty (20) copies of
the preliminary plat of the proposed subdivision by either mailing
or delivering the twenty (20) copies to the Department of Planning
and Development in the City Hall;
3. The owner of a tract of land having three (3) or more acres or more
than one (1) parcel to be resubdivided having a combined acreage of
three (3) or more acres to be resubdivided shall deposit one hundred
dollars ($100.00) with the Department of Planning and Development
at the time a preliminary plat is filed. The one hundred dollars ($100.00)
shall be applicable as the land subdivision permit fee required by
this Chapter; provided that such amount shall not be returned to the
developer upon failure to meet the requirements of this Chapter or
submit a final plat in proper form. The fee is for the purpose of
providing funds for administrative costs incidental to the processing
of the plat by the Board of Aldermen, the Planning and Zoning Commission
and their officers or employees, including review or improvement plans,
meetings, etc.
[R.O. 2009 §22-3; Code 1969 §37-3]
Building or repair permits shall not be issued for any structure
located on a lot in any subdivision, the plat of which has been prepared
after March 16, 1964, but which has not been approved in accordance
with the provisions contained in this Chapter.
[R.O. 2009 §22-4; Code 1969 §37-4]
No plat of any subdivision shall be entitled to be recorded
in the County Recorder's office or have any validity until it shall
have been approved in the manner prescribed in this Chapter.
[R.O. 2009 §22-5; Code 1969 §37-5]
No person shall sell or attempt to sell a lot by metes and bounds
in violation of this Chapter.
[R.O. 2009 §22-6; Code 1969 §37-6]
Whenever the strict enforcement of the regulations under this
Chapter would entail unusual, real and substantial difficulties or
hardships, the Planning and Zoning Commission and Board of Aldermen
may vary or modify them in such a way that the subdivider is allowed
to plan and develop his/her property and record a plat of the same
without unjust difficulties and expenses, but at the same time the
public welfare and interests of the City are fully protected and the
general intent and spirit of the regulations preserved.
[R.O. 2009 §22-7; Code 1969 §37-7]
Any regulations or provisions of this Chapter may be changed
and amended from time to time by the Board of Aldermen, provided that
such changes or amendments shall not become effective until after
a study and report by the City Planning and Zoning Commission.