Unless the land proposed to be subdivided meets the requirements and conditions set forth in Section 4.16 for the short form procedure, then any person seeking to subdivide land shall comply with the provisions of this article.
(Ordinance 88-14, sec. 3.11, adopted 7/26/88)
1. 
Definition.
For purposes of this section the term “plat application” means an application for any the following: preliminary plat, final plat, minor plat, conceptual site plan or building site plan.
2. 
Complete Application Determination.
Every plat application shall be subject to a determination of completeness by the planning director. No plat application shall be accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of these Subdivision Regulations. The director from time to time may identify additional requirements for a complete plat application that are not contained within but are consistent with the application contents and standards set forth in the Subdivision Regulations. The director also may promulgate a fee for review of the application for completeness.
3. 
Development Review Committee.
For the purposes of assisting the planning director in the review of plats, conceptual site plans and building site plans, there is hereby established a Development Review Committee, chaired by the planning director and composed of those City employees, county employees and utility company representatives elected by the city manager to serve because of their specialized or technical knowledge of urban development issues.
4. 
Incompleteness as Grounds for Denial.
The processing of a plat application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing, and the incompleteness of the plat application shall be grounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these Subdivision Regulations.
5. 
Pre-application Conference.
A property owner may request a pre-application conference with the director for purposes of identifying requirements that apply to a proposed plat application. The request shall be made in writing on a form prepared by the director and shall state that any proposed development concept discussed at the pre-application conference is not intended as a plan of development or plat application.
6. 
Time for Making Determination.
The planning director or designee shall make a determination in writing whether an application for a plan or plat is complete not later than the tenth (10th) business day after the date of submission of the application. If the planning director or designee determines an application is incomplete, the determination shall specify in writing the documents or other information needed to complete such application and the application materials will be returned to the applicant so that the applicant can submit the application at a later date.
7. 
When Deemed Complete.
An application for approval of a preliminary plat or conceptual site plan that is filed on or after April 28, 2005, or any subsequent plat application filed after approval of such preliminary plat or conceptual site plan, shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.
8. 
Sequence of Applications.
Notwithstanding any other provision of this Subdivision Ordinance to the contrary, a plat application shall not be considered complete unless accompanied by a copy of the zoning ordinance or other certification verifying that the proposed use, lots sizes and lot dimensions for which the application is submitted is authorized by the zoning district in which the property is located.
9. 
Vested Rights.
No vested rights accrue solely from the filing of a plat application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
10. 
Official Filing Date.
The time period established by state law or these subdivision regulations for processing or deciding a plat application shall commence on the date that a complete application has been accepted for filing, which date shall be deemed the official filing date.
Editor’s note–Ordinance 2005-42 replaced and re-titled section 3.12. Prior to such amendment, the section was titled “Preliminary Conference” and derived from Ordinance 88-14, adopted 7/26/88, as amended by Ordinance 99-58, sec. 1(1), adopted 10/26/99.
(Ordinance 2005-42, sec. 1, adopted 8/23/05; Ordinance 2023-27 adopted 7/11/2023)
A Conceptual Site Plan meeting the requirements of Section 4.12(1) shall be submitted to the Planning Department along with the preliminary plat for all properties intended to be developed with a non-single-family use. Review and approval of the Conceptual Site Plan shall be the responsibility of the Development Review Committee. The sole purpose of the Conceptual Site Plan is to assist the City in determining whether the infrastructure proposed for the site is adequate to serve the intended use. Because such a plan is conceptual only it shall not be used as the basis for issuance of any building permit.
A more detailed Building Site Plan, generally conforming to the Conceptual Site Plan and meeting the requirements of Section 4.12(2), shall be submitted prior to an application for any building permit, and no building permit shall be issued until such Building Site Plan has been approved by the Planning Director.
(Ordinance 88-14, sec. 3.13, adopted 7/26/88; Ordinance 99-58, sec. 1(1), adopted 10/26/99; Ordinance 2004-17 adopted 4/6/04)
Any person desirous of combining two or more contiguous and previously platted lots into one single lot for the purpose of removing interior lot lines to create more buildable lot area shall submit a “Replat” thereof; obtain approval from the City Planning and Zoning Commission; and have same filed on record in the Plat Records of the county where the real property is located.
(Ordinance 88-14, sec. 3.14, adopted 7/26/88)
1. 
Vacation of a Plat
a. 
Prior to the sale of any lot.
The proprietors of land covered by a plat may vacate the plat at any time before any lot in the plat is sold. Such plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat being vacated.
b. 
After the sale of any lot.
If lots in a plat have been sold, the plat, or any part of the plat, may be vacated upon the application of all the owners of lots in said plat and with approval in the same manner prescribed for approval of the original plat.
c. 
On the execution and recording of the vacating instrument described in subsections a. and b. above, the vacated plat has no effect.
2. 
Replat:
A replat of a plat or a resubdivision of a plat, but without vacation of the immediate previous plat, shall be authorized to be recorded and shall be deemed valid and controlling when approved by the City Planning and Zoning Commission under the following conditions:
a. 
It has been signed and acknowledged by all of the owners of the particular property which is being replatted;
b. 
It has been approved by the City Planning and Zoning Commission after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard;
c. 
It does not attempt to alter, amend or remove any covenants or restrictions; and
d. 
There is compliance, when applicable, with subsections 3 and 4 of this section.
3. 
Additional Requirements:
The following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat if any of the proposed area to be resubdivided or replatted was within the immediate preceding five (5) years 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 immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot:
a. 
Notice of such City Planning and Zoning Commission hearing shall be given in advance in the following manner:
1) 
Publication at least fifteen (15) days in advance of hearing being published in the City’s official newspaper; and
2) 
Written notice, with a copy of subdivision (b) of this subsection attached thereto, of such public hearing forwarded by the City Planning and Zoning Commission to owners (as the ownerships appear on the last approved ad valorem tax roll of the City) of all lots in the immediate preceding subdivision plat not less than fifteen (15) days prior to the date of such hearing; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the City; provided, however, if such immediate preceding subdivision plat shall contain more than 100 lots, such notice shall be mailed only to those owners of lots which are located within 500 feet of the lot or lots which are sought to be replatted or subdivided.
b. 
The City Planning and Zoning Commission shall require in any resubdivision or replatting to which this subsection applies written approval of 66-2/3% of:
1) 
the owners of all lots in such plat; or
2) 
the owners of all lots in such plat within 500 feet of the property sought to be replatted or resubdivided if such immediate preceding plat contains more than 100 lots.
The provisions of subdivision (b) of this subsection shall, however, apply only if 20%, or more, of the owners, to whom notice is required to be given, of the lots in such plat, a portion of which is sought to be replatted or resubdivided file with the City Planning and Zoning Commission written protest of such replatting or resubdivision prior to or at the hearing referred to in the notice of the proposed replatting or resubdivision. In computing the percentages of ownership, each lot in such subdivision shall be considered equal to all other lots regardless of size or number of owners, and the owners of each lot shall be entitled to cast only one vote per lot.
c. 
Provided, however, compliance with subdivision (a) or (b), of this subsection shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat.
4. 
Amended Plat.
The City Planning Director is authorized to issue an Amended Plat which is signed by the applicants only and which is for one or more of the purposes set forth below. Approval and issuance of such an Amended Plat shall not require notice, hearing, or approval of other lot owners, only, if the sole purpose of the Amending Plat is:
a. 
to correct an error in any course or distance shown on the prior Plat;
b. 
to add any course or distance that was omitted on the prior Plat;
c. 
to correct an error in the description of the real property shown on the prior Plat;
d. 
to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
e. 
to show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior Plat;
f. 
to correct any other type of scrivener or clerical error or omission as previously approved by the Planning and Zoning Commission; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded Plats;
g. 
to correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a materially adverse effect on the property rights of the other owners in the Plat;
h. 
to replace a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or
i. 
to relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not:
1) 
attempt to remove recorded covenants or restrictions; or
2) 
increase the number of lots.
5. 
Minor Plats.
The Planning Director is authorized to issue a Minor Plat, which must be signed by the property owner and is subject to the conditions set forth below. Approval and issuance of such a Minor Plat shall not require notice, hearing, or approval of other lot owners, only, if the Minor Plat meets the following conditions:
a. 
the proposed Minor Plat involves four (4) or fewer lots fronting on an existing street,
b. 
the proposed Minor Plat does not require the creation of any new street, and
c. 
the proposed Minor Plat does not require the extension of municipal facilities.
(Ordinance 88-14, sec. 3.15, adopted 7/26/88; Ordinance 97-05, sec. 1, adopted 3/25/97; Ordinance 2002-45 adopted 10/8/02; Ordinance 2023-27 adopted 7/11/2023)
1. 
Division of Property:
Every owner of property to be divided, for which a Plat has been submitted for approval, shall be required to dedicate to the City that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to Plat approval.
2. 
Amended Plats:
a. 
No dedication for streets, utilities or other public purposes may be required as a prerequisite to approval of a Plat combining two or more existing platted lots for the purpose of removing interior lot lines, or for the purpose of correction of error as permitted in Section 3.15.4.
b. 
No dedication of right-of-way or easements except for the provision of utilities may be required as a prerequisite to approval of a Plat revision submitted for the purpose of moving an interior lot line to create an enhanced building site.
(Ordinance 88-14, sec. 3.16, adopted 7/26/88)