[R.O. 2004 § 410.200; Ord. No. 2.56 § 3(Art. 5 § 5.01), 1-9-2001; Ord. No. 2.88 § 1, 8-12-2003]
A. 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 or resubdivide said lot,
provided that the resulting lots shall not again be divided without
resubdividing.
1.
The applicant shall first meet with
the Zoning Administrator, all applicable City staff members and City
consultants to receive an explanation of the lot split procedure,
including its requirements and limitations, and an application form.
2.
The lot split application shall be
completely filled out and returned to the Office of the Zoning Administrator
with the appropriate fee.
3.
An application fee shall be paid
at the time the site plan application is submitted. The fee shall
be used to cover expenses incurred by the City in the processing and
review of the application. If the City's processing and review costs
exceed the amount of the initial fee, the applicant shall be required
to pay the additional amount. An application for a lot split shall
not be processed until it has been fully completed, the appropriate
application fee, and all requested information submitted.
4.
As a part of the application, four
(4) copies of a scale drawing (plat of survey) shall be submitted
which shall show the following:
a.
Boundaries of the existing parcel.
b.
Location of all structures and proposed
disposition of them.
c.
Legal description of the lots to
be formed.
d.
Name, signature, and seal of the
licensed engineer or the registered land surveyor who prepared the
drawing.
5.
Upon submission of a completed application
and payment of the application fee, the Zoning Administrator shall
schedule a meeting with the Public Works Director and City Engineer
to review the application.
6.
No lot split shall be approved if:
a.
A new street or alley is needed or
proposed.
b.
Vacation of streets, alleys, setback
lines, access control or easements is required or proposed.
c.
If the lot split will result in significant
increases in service requirements, (i.e., utilities, schools, traffic
control, streets, etc.); or will interfere with maintaining existing
service levels (i.e., additional curb cuts, repaving, etc.).
d.
All easement requirements have not
been satisfied.
e.
The split will result in a tract
without direct access to a street.
f.
A substandard-sized lot or parcel
will be created.
g.
The lot has been previously split
in accordance with this Article.
7.
Upon review of a lot split application
in relation to the above specified criteria, the Zoning Administrator,
Public Works Director, and City Engineer may require such additional
information as deemed necessary to carry out the intent and purpose
of existing land development regulations and City policy. Requirements
may include, but not be limited to, installation of public facilities,
dedication of rights-of-way and easements, access control, and submission
of covenants for the protection of other landowners in the original
subdivision.
8.
The Zoning Administrator, Public
Works Director, and City Engineer shall, in writing, either approve,
with or without conditions, or disapprove of the lot split within
thirty (30) working days of application. If approved, the Zoning Administrator
and Public Works Director shall sign and furnish a certificate of
approval to be affixed to the lot split survey and a certified copy
thereof shall be filed with the Recorder of Deeds. Copies of the approved
lot split shall also be provided to the Zoning Administrator and the
applicant.
9.
No building permit shall be issued
for any site which contains a division of a platted lot of record,
unless such division has been ratified in the manner provided in the
subdivision regulations.
10.
Appeal. If disapproved by the Zoning
Administrator, Public Works Director, and City Engineer, applicants
can appeal the decision to the Board of Adjustment.