[Ord. 1020-2003, 10-10-2003]
A. 
Lot Split Application and Approval Form: All applicants desiring to split a lot in an existing subdivision must obtain a lot split application and approval form from the secretary of the planning and zoning commission. Such lot split application and approval form shall have attached thereto a sketch, plat, record of survey, or other information which clearly identifies the lot split including dimensions, and square footage of all lot portions being split.
B. 
Planning Commission Review: All lot split application and approval forms shall be submitted to the planning commission for review. If the planning commission is satisfied that such proposed lot split is not contrary to the applicable regulations, it shall approve such lot splits, and the chairman of the planning and zoning commission shall sign such approved application with attached exhibit thereunto. Upon completion and approval of a lot split application and approval form, it shall be the responsibility of lot owner to file such document with the office of the Cherokee County Clerk in advance of any conveyance.
C. 
Public Utilities: Applications for lot splits shall be signed by the Tahlequah public works engineer or manager to establish the existence of adequate public easements to serve the resulting lots prior to being submitted to the planning commission.
[Ord. 1020-2003, 10-10-2003; Ord. 1150-2009, 9-21-2009]
Whenever a large lot residential estate subdivision is planned within an R-1 single-family dwelling zoning district, then the following standards or requirements may be substituted where applicable for the improvements required elsewhere in this chapter, or may be required in addition to other requirements of this chapter:
A. 
Right of Way Width: A minimum right of way of 60 feet will be required of all minor streets within such subdivision.
B. 
Street Paving Width: A minimum of 24 feet of paving will be required of all minor streets within such subdivision.
C. 
Street Construction: Curbs and gutters will not be required on large lot residential estate subdivisions. The streets will otherwise comply with the remaining design standards adopted by the City.
D. 
Storm Drainage: Adequate stormwater drainage will be provided by a stormwater sewer; or bar ditches may be used provided that they are sodded, and further provided that when the velocity of water in the ditch is expected to exceed six feet per second, then the ditch will be lined with concrete or other acceptable devices to prevent erosion. Where private drives cross a drainage ditch, a minimum of 15 inches diameter culvert pipe, or such other size as the City may deem necessary, and a standard head wall with wings will be required for each private drive.
[Ord. 1020-2003, 10-10-2003]
A. 
Standards to Determine Hardship: In any particular case where the owner can show in writing that by reason of exceptional topographic or other physical conditions, none of which are self- imposed, literal compliance with any requirement of this chapter would cause exceptional and undue hardship, the City council may modify such requirement to the extent necessary so as to relieve such difficulty or hardship; provided that such relief may be granted only without resulting detriment to the public interest and without impairing the intent and purpose of this chapter or the comprehensive plan and the zoning code. Any modification that is granted may be granted by the City council only after receiving written recommendations from the planning commission.
B. 
Written Application: Where unusual or exceptional factors or conditions exist, the City council may modify any of the provisions of this chapter except those providing for the time of installation of improvements or requirement of improvement performance bonds and maintenance bonds, if required. An owner applying for a modification shall set forth in writing the reasons for the requested modification and the extent of the modification requested. The planning commission shall grant such relief as may be proper. If granted, such modification shall be added and attached to all copies of the construction plans or the final plat.
[Ord. 1020-2003, 10-10-2003]
All public or private cemeteries must be platted under this chapter. However, once the original plat has been approved and filed of record, all subsequent replats of the interior of the cemetery are exempt from this chapter, unless the proposed replat would require the addition or alteration of existing public easements or public facilities, or requires additional points of ingress and egress from public streets.
[Ord. 1020-2003, 10-10-2003]
A. 
When any land has been platted under this chapter, or under other applicable law, and the owner of all land affected by the proposal wishes to add limits of no access to the plat, or wishes to remove or otherwise alter limits of no access on the plat, such action shall not require replatting, nor shall it require vacation of the old plat. The owner shall prepare an application specifying the legal description of all land affected by the change, certifying that the owner of the equitable title in the land desires the change, identify the plat by name and plat number as filed in the appropriate county and specifying proposed changes in detail. Such application shall include a sketch site plan showing the requested modifications, all existing curb cuts, buildings, drives, parking areas, and other relevant items, and also including all proposed curb cuts.
B. 
The applicant shall pay to the City a site plan application fee and shall file the application with the planning commission. The review shall include an evaluation of whether the proposed changes would tend to increase problems with the public traffic flow, utility easements and the implementation of various plans adopted by the City, or would create problems with the flow of traffic on private streets owned by persons other than the applicant.
C. 
The application shall then be submitted with a staff recommendation to the planning commission for hearing. In the event the planning commission approves the application, the commission shall affix its signature and seal to the application and shall forward the instrument to the county Clerk to be filed of record. Effective as of the date of such filing, the area of limits of no access previously existing and which were sought to be removed, shall be held expressly vacated by this action, and any new limits of no access shall be binding upon all parties to whom constructive notice is so given. In the event the planning commission rejects the application, the planning commission shall so indicate on the original of the application form, which shall be filed in the City records.