Partitions and subdivisions must conform with any development
plans of the City and must take into consideration any preliminary
plans made in anticipation thereof and must conform with the requirements
of state laws and with the standards established by the City.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2242, 4/16/2024)
All land divisions and boundary changes that increase the number of lots must be subject to the requirements and standards contained in Chapter 19.700 Public Facility Improvements and the Public Works Standards for improvements to streets, sidewalks, bicycle facilities, transit facilities, and public utilities.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2025 § 3, 2011; Ord. 2242, 4/16/2024)
A.
Utility Lines
Easements for sewers, water mains, electric lines, or other
public utilities must be dedicated wherever necessary. The easements
must be provided in accordance with applicable design standards in
the Public Works Standards.
B.
Watercourses
If a subdivision is traversed by a watercourse such as a drainageway,
channel, or stream, there must be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of the
watercourse, and such further width as will be adequate for the purpose
of construction and maintenance. Streets, parkways, bicycle ways,
or pedestrian ways parallel to major watercourses may be required.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2242, 4/16/2024; Ord. 2242, 4/16/2024)
This section does not apply to units of land that are created for purposes other than land development including parks, natural areas, right-of-way dedications, or reservations of a similar nature. Lots and tracts created for cottage cluster housing development, per Subsection 19.505.4, are also exempt from the requirements of this section.
A.
Size and Shape
Lot size, width, shape, and orientation must be appropriate for the location and the type of use contemplated. Minimum lot standards must conform to Title (1) Lot shape standards may be adjusted subject to Section 19.911 Variances.
B.
Rectilinear Lots Required
Lot shape must be rectilinear, except where not practicable
due to location along a street radius, or existing lot shape.
C.
Limits on Compound Lot Line Segments
Cumulative lateral changes in direction of a side or rear lot line exceeding 20% of the distance between opposing lot corners along a given lot line may only be permitted through the variance provisions of MMC Subsection 19.911. Changes in direction must be measured from a straight line drawn between opposing lot corners.
D.
Limits on Double and Reversed Frontage Lots
Double frontage and reversed frontage lots should be avoided,
except where essential to provide separations of residential development
from railroads, traffic arteries, or adjacent nonresidential uses,
or to overcome specific disadvantages of topography and orientation.
E.
Measurement of Required Frontage
Pursuant to the definition and development standards contained
in Title 19 for frontage, required frontage must be measured along
the street upon which the lot takes access.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2025 § 3, 2011; Ord. 2051 § 2, 2012; Ord. 2161 § 2, 2018; Ord. 2236 § 2,
2023; Ord. 2242, 4/16/2024)
Applicants for flag lot and back lot partitioning must show
that access by means of a dedicated public street is not possible,
by submitting an engineering analysis confirming that there is no
opportunity for a public street, which must be reviewed and accepted
by the City. This does not preclude the City from requiring public
pedestrian/bicycle access in place of a public street. Consideration
must be given to other inaccessible adjacent or nearby properties
for which a jointly dedicated public right-of-way could provide suitable
access and avoid other flag lots or back lots.
The creation of flag lots or back lots must not preclude the
development of public access to surrounding properties. Where there
is the potential for future development on adjacent lots with new
roadway development, flag lots or back lots may be allowed as an interim
measure. Dedication of the future public right-of-way is required
as part of final plat approval.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2242, 4/16/2024)
A.
Consistency with the Zoning Ordinance
Flag lot and back lot design must be consistent with Subsection 19.504.8.
B.
More than Two Flag Lots or Back Lots Prohibited
The division of any unit of land must not result in the creation
of more than two flag lots or back lots within the boundaries of the
original parent lot. Successive land divisions that result in more
than two flag lots or back lots are prohibited.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2025 § 3, 2011; Ord. 2051 § 2, 2012; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2242, 4/16/2024)
Flag lots and back lots are permitted in new subdivisions.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2051 § 2, 2012; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2242, 4/16/2024)
A.
Due consideration must be given to the allocation of suitable areas
for schools, parks, and playgrounds to be dedicated for public use.
B.
Where a proposed park, playground or other public use shown in the
Comprehensive Plan or master plan adopted by the City is located in
whole or in part in a subdivision, the City may require the dedication
or reservation of such area within the subdivision.
C.
Where considered desirable by the City, and where the Comprehensive
Plan or adopted master plan of the City does not indicate proposed
public use area, the City may require the dedication or reservation
of areas or sites of a character, extent, and location suitable for
the development of parks and other public use.
D.
If the applicant is required to reserve land area for park, playground,
or other public use, such land must be acquired by the appropriate
public agency within 18 months following plat approval, at a price
agreed upon prior to approval of the plat, or such reservation must
be released to the applicant.
E.
New residential projects will require the dedication of land if the
development corresponds to park locations defined in the Comprehensive
Plan.
F.
In exchange for the dedication of parkland, the allowable density
on the remaining lands will be increased, so that the overall parcel
density remains the same.
(Ord. 1907 (Attach. 1), 2002; Ord. 2003 § 2, 2009; Ord. 2242, 4/16/2024)
A.
Applicability
This provision applies to residential land division proposals
where there is an existing dwelling unit(s) that will be on its own
parcel or lot and the remaining property will be "leftover" in that
it will require further land division to meet the minimum density
standard for the underlying zone.
B.
Conditions
An application for a land division may have a maximum of two
leftover parcels or lots that are not included as part of a phased
subdivision if the following conditions are met:
1.
The original parcel or lot has an existing habitable dwelling
unit(s) on it built on or before (date of adoption of this code).
2.
The leftover parcel(s) or lot(s) must be capable of further
development.
3.
The proposed land division will not preclude ultimate buildout
of the original parcel or lot per an adopted or submitted and approved
concept plan, as applicable.
4.
When a land division places a primary dwelling unit on a parcel
or lot separate from an accessory structure or an accessory dwelling,
the accessory structure or dwelling must be:
C.
Development of Leftover Parcels or Lots
Leftover parcels or lots created under this provision may not
be developed until they are further divided into additional parcels
or lots pursuant to this title, where applicable. Parcels or lots
created from leftover parcels or lots must be consistent with the
standards of the applicable provisions in Title 19, to ensure that
the applicable minimum density standard is met.
D.
Submittal Requirements
The following must be provided with submittal for the land division:
1.
Payment-in-lieu of required future improvements along the existing
street frontage(s) of the leftover parcel(s) or lot(s).
2.
A deed restriction requiring removal of any applicable accessory
structure or accessory dwelling unit upon transfer of ownership of
either parcel or lot.
(Ord. 2242, 4/16/2024)
