(a)
The owner of a tract of land located
within the city or its extraterritorial jurisdiction who divides the
tract in two or more parts to lay out a subdivision of the tract,
including an addition to a municipality, to lay out suburban, building,
or other lots, or to lay out streets, alleys, squares, parks, or other
parts of the tract intended to be dedicated to public use or for the
use of purchasers or owners of lots fronting on or adjacent to the
streets, alleys, squares, parks, or other parts must prepare a plat
of the subdivision which shall be filed with and approved by the city
in accordance with the regulations herein.
(b)
A division of a tract under this
section includes a division regardless of whether it is made by using
a metes and bounds description in a deed of conveyance or in a contract
for a deed, by using a contract of sale or other executory contract
to convey, or by using any other method.
(c)
A division of land under this section does not include a division of land into parts greater than five acres, where each part has access to a public street through frontage or recorded private easement at least 50 feet in width and no public improvement is being dedicated. Legal lot status for a tract of land exempt from the platting requirements of this chapter shall be obtained in accordance with section 28.02.008.
(d)
The subdivider shall cause to be
prepared a preliminary plan and a final plat by a surveyor and an
engineer in accordance with this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
For all tracts of land, the subdivider
shall submit a preliminary plan prior to submitting a final plat.
(b)
Short form final plats, amending
plats and some replats may not require preliminary plans.
(c)
The preliminary plan must obtain
the following approvals before a final plat can be accepted for review
by the city:
(d)
Public hearings regarding the proposed
preliminary plan must be held at both the zoning and planning commission
meeting and at the city council meeting.
(e)
Approved preliminary plans are no
longer valid after one (1) year from the time of city council approval
if no progress towards completion of the project has been made. The
zoning and planning commission may grant an extension of up to one
(1) year upon written application from the developer detailing the
proposed progression of the project. Additional extensions may be
requested but shall require approval from the zoning and planning
commission and final approval from the city council.
(Ordinance
2022-06-21-02 adopted 6/21/22)
(a)
For all tracts of land, the subdivider
shall submit a final plat in accordance with this chapter.
(c)
Public hearings regarding the proposed
final plat must be held at both the zoning and planning commission
meeting and at the city council meeting.
(d)
Following approval by the city council,
the subdivider shall have the plat recorded with the county clerk
and shall return one (1) electronic copy (pdf file format, or any
other electronic format requested by the code official) of the recorded
plat to the city within 30 days of city council approval.
(e)
Recordation of the plat confers legal
lot status to all lots within the subdivision.
(Ordinance
2022-06-21-02 adopted 6/21/22)
(a)
A short form final plat is a final
plat that may not require a preliminary plan due to the simplicity
of the subdivision as described below. If the proposed plat meets
the requirements set forth in this section, the subdivider may submit
a short form final plat in accordance with this chapter.
(b)
Each lot in a short form final plat
must front an existing public or private street which meets the right-of-way
and construction requirements of this chapter and be situated so that
no additional streets or other municipal facilities are required in
order to meet city requirements.
(c)
Each lot in a short form final plat
must either be approved for a private well and septic system or have
immediate access to an existing organized water and wastewater system
so that no extension of existing lines are required to serve the lots.
(d)
The subdivision, resubdivision, or
vacation and resubdivision of any lot, tract or parcel of land for
the purpose of increasing the size of any lot but not creating an
additional building site may be submitted as a short form final plat,
provided the lot, parcel or tract from which property is removed after
removal therefrom meets all the dimensional requirements of the city.
(e)
The original or first platting of
a tract of land into six (6) or fewer lots fronting on an existing
street and not requiring the creation of any new streets may be submitted
as a short form plat.
(f)
A short form final plat may not require
an environmental assessment.
(g)
A short form final plat is processed
in the same manner as a final plat.
(h)
A short form final plat involving no more than four (4) or fewer lots may receive final approval from the code official and shall be processed in accordance with section 28.03.005.
(i)
The subdivider shall have the plat
recorded with the county clerk and shall return one (1) electronic
copy (pdf file format, or any other electronic format requested by
the code official) of the recorded plat to the city within 30 days
of code official approval.
(Ordinance
2022-06-21-02 adopted 6/21/22)
(a)
A replat is a final plat that alters
the layout of all or a portion of a recorded subdivision without vacating
the preceding plat. If the proposed plat meets the requirements set
forth in this section, the subdivider may submit a replat in accordance
with this chapter.
(b)
A replat shall be signed and acknowledged
by the owners of the property being resubdivided.
(c)
A replat shall not amend or remove
any covenants or restrictions.
(d)
An applicant submitting a replat
that increases the number of lots and/or contains more than five (5)
acres of land may be required to submit a preliminary plan prior to
city acceptance of the replat for review.
(e)
A replat is processed in the same
manner as a final plat.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
An amending plat is a final plat
that makes minor changes or corrections to a recorded subdivision
or part of a subdivision without vacating the preceding plat. If the
proposed plat meets the requirements set forth in this section, the
subdivider may submit an amending plat in accordance with this chapter.
(b)
An amending plat shall be signed
and acknowledged by the owners of the property being amended.
(c)
An amending plat shall not amend
or remove any covenants or restrictions.
(d)
An amending plat may only be for
one or more of the following purposes:
(1)
To correct an error in any course
or distance shown on the preceding plat;
(2)
To add a course or distance that
was omitted on the preceding plat;
(3)
To correct an error in the description
of the real property shown on the preceding plat;
(4)
To indicate monuments set after the
death, disability, or retirement from practice of the engineer or
surveyor responsible for setting monuments;
(5)
To show the location or character
of a monument that has been changed in location or character or that
is shown incorrectly as to location or character on the preceding
plat;
(6)
To correct any other type of scrivener
or clerical error or omission previously approved by the municipal
authority responsible for approving plats, including but are not limited
to, lot numbers, acreage, street names, and identification of adjacent
recorded plats;
(7)
To correct an error in courses and
distances of lot lines between two adjacent lots if:
(8)
To relocate a lot line to eliminate
an inadvertent encroachment of a building or other improvement on
a lot line or easement.
(10)
To make necessary changes to the
preceding plat to create six (6) or fewer lots in the subdivision
or a part of the subdivision covered by the preceding plat if:
(A)
The changes do not affect
applicable zoning and other regulations of the city;
(B)
The amendment does not
attempt to remove recorded covenants or restrictions;
(C)
The area covered by
the changes is located in an area that the city council has approved,
after a public hearing, as a residential improvement area.
(11)
To resubdivide one or more lots fronting
on an existing street if:
(A)
The owners of all those
lots join in the application for amending the plat;
(B)
The amendment does not
attempt to remove recorded covenants or restrictions;
(C)
The amendment does not
increase the number of lots;
(D)
The amendment does not
create or require the creation of new streets or drainage improvements.
(e)
Notice, hearings, and the approval
of other lot owners are not required for the approval and issuance
of an amending plat.
(f)
An amending plat may receive final
approval from the code official.
(g)
Following approval, the subdivider
shall have the plat recorded with the county clerk and shall return
one (1) mylar copy, seventeen (17) bond copies and a CD of pdf and
CAD (dwg) files of the recorded plat to the city within 60 days of
code official approval.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The owners of a tract of land covered
by a plat may vacate the plat at any time before any lot in the plat
is sold. The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner
prescribed for the original plat.
(b)
If lots in the plat have been sold,
the plat, or any part of the plat, may be vacated on the application
of all owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c)
The owner shall write legibly on
the vacated plat the word “Vacated” and shall, upon approval
of the city, deliver the plat to the county clerk for recording. Upon
the execution and recording of the vacating instrument, the vacated
plat has no effect.
(d)
On the execution and recording of
the vacating instrument, the vacated plat is no longer valid.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The owner of a tract of land located
within the city limits or its extraterritorial jurisdiction who wishes
to know whether a plat is required or who wishes to obtain legal lot
status without platting shall make a written request to the code official
for a land status determination.
(b)
The code official shall make the
determination and issue a certificate of response within 20 days after
receipt of the request.
(c)
If the code official determines that
a plat is not required, the certificate of response shall grant the
tract of land legal lot status.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The provisions of this section shall
apply to the sale or transfer of ownership of one of the following:
(1)
One unit of a duplex, as a result
of which the ownership of the units sharing a common wall will be
divided but the residential lot on which the duplex is located will
be jointly held by the owners as joint tenants or tenants in common;
(2)
One unit of a duplex, as a result
of which the ownership both of the units sharing the common wall and
the lot on which the duplex is located will be divided, and the duplex
will become a townhome as that term is defined herein; or
(3)
One unit of a townhome.
(b)
Before one unit of a duplex or a townhome can be sold or the ownership thereof otherwise transferred, the transferor must execute, secure city zoning and planning commission approval of, and record a declaration of easements, covenants and restrictions (“declaration of easements”) in accordance with the provisions of subsection (e) below.
(c)
If, as a result of the sale or transfer
of ownership of a duplex, the residential lot on which the duplex
is located will be divided into two single residential lots, each
of which will or may be separately owned, so that the duplex becomes
a townhome as defined herein, the residential lot shall be replatted
in accordance with the provisions of this chapter. Once a replat is
approved by the city council, it shall be filed along with the declaration
of easements, covenants and restrictions in the real property record
of the county.
(e)
The declaration of easements, covenants
and restrictions (“declaration of easements”), in connection
with the sale or transfer of ownership of a single unit of a duplex
or townhome, shall have the following requirements:
(1)
The declaration of easements shall
set out the private easements, agreements, and respective responsibilities
of the transferor and transferee with respect to the joint use and
maintenance of common structural elements, utility systems, driveways,
parking areas, fences, and yards and such other easements, covenants
and restrictions considered necessary or desirable by the parties.
(2)
The declaration of easements shall
be approved by the city zoning and planning commission.
(3)
Upon approval by the zoning and planning
commission, the declaration of easements shall be recorded in the
real property records of the county.
(4)
If the transfer of ownership is by
sale, the seller shall, prior to closing, deliver a true and correct
copy of the declaration of easements required by this chapter to the
purchaser of the duplex or townhome unit, together with a separate
written notice that:
(f)
Duplexes and townhomes on which construction
was completed prior to January 1, 1987 shall have the following standards
and regulations:
(1)
Before one dwelling unit of a duplex
or townhome can be sold or the ownership transferred, the utilities
for each unit must be separately metered.
(2)
No lot, tract or site within the
city shall be developed or subdivided for duplex or townhome purposes
unless all applicable requirements of the zoning, development, and
building ordinances of the city are satisfied.
(3)
All duplex and townhome dwelling
units constructed prior to January 1, 1987 are grandfathered as to
conformity with firewall and/or floor assemblies as specified in the
International Building Code (IBC) and the International Residential
Code (IRC).
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
