(b)
Exemptions.
The following land divisions are exempt from the requirements
of these regulations:
(1)
Sale,
inheritance, or gift of land by metes and bounds description, of a
tract of land upon which no improvements, development, subdivision
or alteration is intended;
(2)
Use
of existing cemeteries complying with all State and local laws and
regulations;
(3)
A
division of land created by order of a court of competent jurisdiction;
and
(4)
A
division of land that results in the creation of two or more parcels,
each of which is greater than five acres, when each parcel has direct
access to an existing public street, and no dedication of public facilities
is required.
(c)
Exceptions
for Alterations.
No construction shall commence upon
a tract prior to the recordation of a plat of the tract in the county
plat records, except that a building permit may be issued on an unplatted
tract within the City for any of the following purposes:
(1)
Adding
to an existing building or structure;
(2)
Altering
an existing building or structure;
(3)
Constructing
an accessory building or structure;
(4)
Restoring
any building or structure previously destroyed by fire, explosion,
or any other casualty or act of God, where the extent of the destruction
is not more than fifty (50%) percent of its reasonable market value;
or
(5)
Replacement
of a mobile home previously legally permitted and used or occupied
as a residential dwelling with a HUD-code manufactured home.
(Ordinance 2014-01 adopted 1/23/2014)
(a)
Generally.
Approval of a preliminary plat is required for any proposed
subdivision within the City which proposes five (5) or more lots or
proposes any public works improvements prior to approval of a final
plat. When subdividing a tract which proposes four (4) or fewer lots,
the owner may elect to submit an application for approval of a final
plat or a minor plat without obtaining approval of a preliminary plat.
Any re-subdivision of existing platted lots shall require the submittal
and approval of a replat or an amending plat.
(b)
Inside
City.
Within the City limits, a plat may be approved
in two stages: a preliminary plat and a final plat.
(c)
Within
ETJ.
Within the extraterritorial jurisdiction of the
City, only a final plat is authorized, unless the land to be platted
is subject to an approved developer’s or development agreement,
in which case a preliminary plat may be authorized by the agreement.
(Ordinance 2014-01 adopted 1/23/2014)
(a)
General
Requirements.
The following must be submitted with any
request to vacate a plat:
(1)
A
complete plat vacation application form, as provided by the City,
signed by all owners and identifying the plat to be vacated.
(2)
A
nonrefundable plat vacation processing fee in the amount established
by City Council.
(3)
The
signatures of approval of all representatives of all utilities serving
the subdivision must be on the vacating instrument.
(4)
If
improvements have been constructed within the area of an easement,
the easement must be dedicated by separate instrument prior to the
recording of the plat vacation.
(b)
Submission
to Council.
The request shall be placed before the Commission.
Upon approval, it will be forwarded to the City Council for action.
(c)
Effect
of Plat Vacation.
Upon the execution and recording of
the vacation instrument, the vacated plat or portion thereof shall
have no effect.
(Ordinance 2014-01 adopted 1/23/2014)
(a)
Requirements.
A replat of a subdivision is controlling over the preceding
plat without vacation of the plat if the plat:
(1)
Is
signed and acknowledged by only the owners of the property being replatted;
(2)
Is
approved by the City Council after a public hearing on the matter
at which parties in interest and citizens have an opportunity to be
heard;
(3)
Does
not attempt to amend or remove any covenants or restrictions; and
(b)
Replat
for Residential Lots.
If any of the proposed property
to be replatted, within the immediate preceding five (5) years, was
limited by any interim or permanent zoning classification to residential
use for not more than two residential units per lot, or if any lot
in the approved subdivision was limited by deed restriction to residential
use for not more than two residential units per lot, notice of the
public hearing shall be given in accordance with state law.
(c)
Note
on Plat.
A replat shall contain a note describing the
purpose of the change or modification framed in a bold line so as
to be distinctly visible on the face of the plat.
(d)
Process.
The application process, approval process, criteria for approval,
and recordation of a replat shall comply with the processes as provided
for a final plat, as applicable.
(Ordinance 2014-01 adopted 1/23/2014)
(a)
Applicability.
An application for approval of a minor plat may be filed only
when all of the following circumstances apply:
(1)
The
proposed division results in four or fewer lots;
(2)
All
lots in the proposed subdivision front onto an existing public street
and the construction or extension of a street or alley is not required;
and
(3)
The
plat does not require the extension of any municipal facilities or
public improvements to serve any lot within the subdivision.
(b)
Criteria
for Decision.
The Administrative Official, or the City
Council on appeal, shall decide whether to approve, conditionally
approve or deny the minor plat application based upon the following
criteria:
(1)
The
minor plat application is consistent with all zoning requirements
for the property and all other requirements of this Ordinance;
(2)
All
lots to be created by the plat already are adequately served by all
required utilities and services; and
(3)
The
plat does not require the extension of any municipal facilities or
public improvements to serve any lot within the subdivision.
(Ordinance 2014-01 adopted 1/23/2014)
An amending plat may be submitted to correct certain minor errors.
Any corrections not listed in the statutory criteria for an amending
plat will require full resubmittal of the plat and will be treated
as a replat.
(Ordinance 2014-01 adopted 1/23/2014)
