5-4(C)   COMPLIANCE WITH ZONING REQUIREMENTS

5-4(C)(1)   All lots created by a subdivision shall comply with applicable standards in Part 14-16-3 (Overlay Zones); Section 14-16-5-1 (Dimensional Standards), particularly Subsection 14-16-5-1(C)(2) (Contextual Residential Development in Areas of Consistency); Section 14-16-5-3 (Access and Connectivity); and this Section 14-16-5-4.

5-4(C)(1)(a)   The City shall take into consideration prior zoning actions and determinations of land use as decided by the appropriate zoning authority.

5-4(C)(1)(b)   Nonconforming lots may be replatted without requiring Variance to lot size if the replat meaningfully decreases the degree of already existing nonconformity.

5-4(C)(2)   No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography, limitations of water quantity, and/or quality, lack of access or restrictions on accessibility, or other conditions likely to be harmful to the public health, safety, or general welfare, unless such unsuitable conditions are corrected or mitigated to the satisfaction of the City. The Development Hearing Officer (DHO) is responsible for making determinations regarding unsuitability of land for subdivision.

5-4(C)(3)   The availability of adequate access, fire protection, police protection, refuse service, public schools, public parks and recreation facilities, other elements of public infrastructure or private facilities, and privately provided utilities shall all be weighed in considering proposed subdivisions. They are not all necessarily required.

5-4(C)(4)   Each subdivision shall comply with the provisions of Subsection 14-16-5-2(C) (Site Design to Avoid Sensitive Lands) unless encroachment into those sensitive lands is corrected or mitigated to the satisfaction of the City.

5-4(C)(5)   The general layout of lots, roads, driveways, drive aisles, utilities, drainage facilities, and other services within proposed subdivisions shall be designed to avoid making compliance with the standards of the applicable zone district difficult or infeasible.

5-4(C)(6)   In the PD and NR-SU zone districts, and for development in any zone district on a site 5 acres or greater adjacent to Major Public Open Space, an approved Site Plan - EPC is required prior to any platting action. In the PC zone district, an approved Framework Plan is required prior to any platting action. Subsequent platting must conform to the approved plans.

5-4(C)(7)   In the NR-BP zone district, a Master Development Plan is required for lots 20 acres or more prior to platting action. For lots less than 20 acres zoned NR-BP, a Site Plan is required prior to development, but the property may be subdivided before or after a Site Plan is approved. Once a Master Development Plan or Site Plan is approved, subsequent platting must conform to the approved plan.