[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.