a. Fronting
Street.
Each lot shall abut on a public street or a private
street. Private streets will be allowed only if approved by the City
Council and if the standards set forth in this Ordinance are met.
b. Minimum
Size.
All lots shall meet the minimum lot size requirement
as set forth in the Zoning Ordinance.
c. Double
Fronted Lots.
Double fronted residential lots shall not
be allowed. However, lots which are backed up to an arterial street
shall be allowed when there is no access allowed from these lots to
the arterial street. Access may also be limited to collector streets
for lots which have double frontage. Where lots have double frontage,
building setback lines shall be established for each street frontage.
d. Side Lot
Lines.
All side lot lines shall be perpendicular to the
right-of-way lines or radial in the case of a cul-de-sac or curvilinear
design.
e. Corner
Lots.
All corner lots within the City shall have setback
lines on both streets as required by the Zoning Ordinance.
f. Setback.
All lots within the extraterritorial jurisdiction of the City
shall have a minimum twenty (20) foot building setback line from all
streets adjacent to the lot.
g. Conformance
with Zoning Ordinance.
All lots within the City shall
meet the requirements of the Zoning Ordinance or where applicable,
the requirements in an approved development agreement for a subdivision
of the City.
h. Irregular-Shaped
Lots.
Irregular-shaped lots shall have sufficient width
at the building line to meet lot width and frontage requirements,
and shall provide a building pad without encroachment into front,
side or rear yard setbacks or into any type of easement. The rear
lot width shall be sufficient to provide access for all necessary
utilities, including access for driveways and solid waste collection
when alleys are present.
i. Prohibited
Lots.
Triangular, greatly elongated or tapered, “flag”
or “panhandle” lots are prohibited.
j. Lots Backed
onto Street.
A residential lot shall not back onto any
residential street or collector street within a residential area or
neighborhood, and shall not have more than one-half of its perimeter
along streets.
(Ordinance 490-15 adopted 2/19/15)
a. Restriction.
There shall be no tree, shrub, plant, sign, soil, fence, retainer
wall or other view obstruction having a height greater than two (2')
feet within the sight triangle. This height shall be measured above
a line drawn between the top of curb or edge of pavement of both streets
at the point where the referenced line intersects the top of curb
or edge of pavement. The sight triangle shall be the triangle made
by extending twenty-five feet along each property line from the property
corner at an intersection.
b. Exception.
This restriction shall not apply to trees within the triangle
having a diameter of less than twelve (12") inches when such trees
are trimmed at all times so that no branch or growth is less than
nine (9') feet above the above-referenced measurement line.
c. Plat Notation.
All final plats which depict intersections of public right-of-way
shall have the following statement on the face of the plat prior to
filing in the county plat records. “The owners of all corner
lots shall maintain sight triangles in accordance with the City’s
Subdivision Ordinance.”
(Ordinance 490-15 adopted 2/19/15)
a. Permanent
Survey Reference Monuments.
Concrete monuments, eight
(8") inches in diameter and twelve (12) inches long, shall be placed
on all boundary corners which are along existing dedicated right-of-way
at the perimeter of the subdivision. A five-eighth (5/8) inch diameter
iron rod having a minimum length of eighteen (18) inches shall be
placed flush with the top and at the center of the concrete monument.
The monuments shall be set at such an elevation that they will not
be disturbed during construction and the top of the monument shall
be flush with or just below the finished ground elevation.
b. Installation
of Monuments.
Monuments shall be installed before the
recording of the final plat. The subdivider may install monuments
after the recording of the final plat and after completion of improvements
provided the subdivider furnishes the City a letter of assurance certifying
the monuments will be installed as required. All monuments shall be
installed prior to acceptance of the subdivision.
c. Monuments
in Streets.
When placing of monuments in streets is postponed,
adequate ties to the boundary line shall be shown on the plat in order
that monuments may be correctly located and installed following the
paving of streets.
d. Benchmark
Monuments on Headwalls.
A brass cap approximately two
(2") inches in diameter shall be placed on top and at one end of all
culvert headwalls within or at the perimeter of the development. Prior
to acceptance of the subdivision, the subdivider’s surveyor
shall provide a letter certifying the elevation of the brass cap (NGVD
1929).
e. Monument
Verification.
Prior to acceptance of public works improvements
by the City, the developer’s surveyor or engineer shall certify
that all monument and markers are in place and correctly positioned[.]
(Ordinance 490-15 adopted 2/19/15)
Prior to acceptance of the subdivision, the subdivider shall
provide a digital computer file or files of the subdivision containing
the coordinate geometry for the subdivision boundaries, lot lines,
right-of-way, street centerlines and easements in a format and on
media compatible with the City system (pdf).
(Ordinance 490-15 adopted 2/19/15)
a. Applicability.
When a development contains common areas, entry features, screening
walls, open space or other improvements not intended to be dedicated
to the City for public use, a homeowners’ or property owners’
association shall be created, and the duties and responsibilities
shall be established in a declaration consistent with state laws.
b. Dedication.
1. The common
areas shall be shown on the final plat as separate lots, along with
an adequate form for dedication. This dedication form shall include
language which saves the title to common area properties for the benefit
of the homeowners’ or property owners’ association and
expresses a definite undertaking by the developer to convey the common
properties to the homeowners’ association.
2. All facilities,
structures, improvements, systems, areas or grounds to be operated,
maintained and/or supervised by an association, other than those located
in public easements or rights-of-way or public parks dedicated to
the City, shall be dedicated by easement or deeded in a fee simple
ownership interest to such association.
c. Responsibilities.
The mandatory property owners’ or homeowners’ association
shall be responsible for the continuous and perpetual operation, maintenance
and/or supervision of landscape systems, features or elements located
in parkways, common areas, between screening walls or living screens
and adjacent curbs or street pavement edges, adjacent to drainage
ways or drainage structures, or at subdivision entryways.
d. Legal
Requirements.
To assure the establishment of a permanent
homeowners’ or property owners’ association, including
its financing and the rights and responsibilities of the owners in
relation to the use, management and ownership of common areas or common
property, the plat, dedication documents, covenants, and other recorded
legal agreements must provide for the following:
1. Creation
of an automatic membership, nonprofit homeowners’ or property
owners’ association;
2. Placement
of title to the common property in the homeowners’ or property
owners’ association or definite assurance that it automatically
will be so placed within a reasonable, definite time;
3. Appropriate
limitation of the uses of the common property;
4. Imposition
of an association charge or assessment on each lot in a manner which
will assure sufficient association funds to maintain the common property
or improvements;
5. The grant
to each owner voting rights in the association;
6. Identification
of the land area within the association’s jurisdiction including,
but not limited to, the following:
a. The
property to be transferred to public agencies;
c. The
common properties to be transferred by the developer to the association;
and
7. Protective
covenants which, shall make the association responsible for the maintenance
and operation of all common property, and include provisions for assessments,
to be enforced by lien;
9. An initial
term of the agreements, covenants and restrictions establishing the
association for a 25-year period and automatic renewal for successive
ten-year periods, and provide that the association may not be dissolved
without the prior written consent of the City;
10. The
amendment of any portion of the association’s agreements, covenants
or restrictions pertaining to the use, operation, maintenance and/or
supervision of any facilities, structures, improvements, systems,
areas or grounds that are the responsibility of the association only
with the prior written consent of the City; and
11. An
indemnification holding the City harmless from any and all costs,
expenses, suits, demands, liabilities or damages, including attorney’s
fees and costs of suit, incurred or resulting from the City’s
removal of any landscape systems, features or elements.
e. Procedure.
The developer shall submit the articles of incorporation of the homeowners’ or property owners’ association, its bylaws, and the restrictive covenants to the Administrative Official for approval along with the final plat. Prior to filing the plat, the developer shall create an incorporated nonprofit homeowners’ association, and record covenants which meet the requirements of Subsection
d.
(Ordinance 490-15 adopted 2/19/15)
a. When required.
A developer’s agreement is required to be executed in
the event public works improvements are required, when the developer
requests a waiver or credit of fees, credits for prior or proposed
improvements or dedications, requests a pro rata arrangement, or dedicates
park land to the City.
b. Generally.
1. No earthwork,
grading, utility, street or drainage improvement construction or any
public or private improvements shall be allowed until the developer
receives approval of a final plat and the City executes a developer’s
agreement with the developer.
2. The City
Administrator is authorized to execute a developer’s agreement
in the form approved by the City Council unless the agreement provides
for one or more of the following:
a. Financial
participation by the City;
c. Credits
for prior or proposed improvements or dedications.
If the developer’s agreement includes any of the foregoing
provisions, the agreement must be approved by City Council.
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c. Terms
of Agreement.
The developer’s agreement shall be
on a form prepared by the City and shall contain, at a minimum, the
following provisions:
1. Covenants
to complete the public improvements in accordance with City ordinances
within two years from final plat approval;
2. Covenants
to warranty the improvements for a period of two years following acceptance
by the City;
3. Covenants
to provide performance, payment and maintenance bonds;
4. Provisions
for participation in the costs of the improvements by the City, if
authorization has been obtained from the City Council, and a performance
bond for such improvements from the contractor, with the City as an
obligee;
5. Provisions
for securing the obligations of the agreement;
6. Insurance
and indemnification requirements; and
7. Such
other terms and conditions as are agreed to by the developer and City.
d. Cost Estimates.
The costs in the developer’s agreement shall be based
on cost estimates thereof, prepared by the developer’s engineer
and reviewed by the City Engineer.
e. Covenants
to Run with the Land.
The developer’s agreement
shall provide that the covenants contained in the agreement run with
the land and bind all successors, heirs and assignees of the property
owner. All existing lienholders shall be required to execute the agreement
or provide written consent to the covenants contained in the agreement.
(Ordinance 490-15 adopted 2/19/15)
a. Generally.
The City Council may authorize a variance from these regulations
when, in its opinion, extraordinary hardship will result from requiring
strict compliance.
b. Request.
The applicant seeking a variance shall submit to the Administrative
Official a written request stating the justification for such variance,
accompanied by engineering data or other evidence supporting the applicant’s
request for relief. The City Council may grant a variance in conjunction
with the application for approval of the plat. The applicant bears
the burden of proof to demonstrate that a variance to the standards
applicable to a development application should be granted.
c. Evidence.
The City Council may require engineering studies and displays
from the applicant to support the request for a variance. The decision
of the Council shall be final.
(Ordinance 490-15 adopted 2/19/15)
The City Council shall take into account the nature of the proposed
use of the land involved, existing uses of land in the vicinity, the
number of persons who will reside or work in the proposed development,
and the probable effect of the requested variance upon traffic conditions,
City services, and upon the public health, safety, convenience and
welfare, and whether:
1. The requirement
places an unreasonable burden on the development and does not bear
a rough proportionality to the requirements necessary to serve the
development; or
2. Hardships
or practical difficulties will result from strict compliance with
these regulations, and/or the purpose of these regulations may be
served to a greater extent by an alternative proposal; and
3. The conditions
upon which the request for a variance is based are unique to the property
and are not applicable to other properties, or the tract has severe
topographical conditions or unique environmental qualities worthy
of protection.
Financial hardship, alone, to the applicant shall not be deemed
to constitute unreasonable burden or hardship.
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(Ordinance 490-15 adopted 2/19/15)
The City Council may impose conditions relating to the variance
as well, in its judgment, substantially secure the objectives of the
standards or requirements to which the variance was granted.
(Ordinance 490-15 adopted 2/19/15)
The Council may modify the standards and requirements of this
Ordinance in the case of an application including an approved planned
development district. Such departures from the standards specified
may be made only when the Council finds that the plan provides for
convenience and safe access, adequate space for recreation, provision
for light and air, and offers all essential utility services and necessary
public and other facilities, and is in conformance with all provisions
of any ordinances which specifically apply to a planned development
district.
(Ordinance 490-15 adopted 2/19/15)