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.
Residentially
developed property not exceeding five acres in size may obtain a building
permit for additions to the main structure if such addition does not
exceed 50 percent of the main structure;
2.
Adding
an accessory building or structure on an unplatted residentially developed
lot provided a primary structure exists on the unplatted lot;
3.
Restoring
any residential building or structure on an unplatted residentially
developed lot, destroyed by fire, explosion, or any other casualty
or an Act of God where the extent of the destruction is not more than
50 percent of the current value of the structure; or
4.
Replacement
of a mobile home previously legally permitted and used or occupied
as a residential dwelling with a HUD-code manufactured home.
(Ordinance 490-15 adopted 2/19/15)
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 resubdivision 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.
(Ordinance 490-15 adopted 2/19/15)
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 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 490-15 adopted 2/19/15)
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
4.
When applicable,
in compliance with subsection b. below.
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 490-15 adopted 2/19/15)
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 ROW dedication, or 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 490-15 adopted 2/19/15)
An amending plat may be submitted in accordance with LGC 212.016.
Any corrections or conditions 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 490-15 adopted 2/19/15)
