(A) Whenever a tract of less than two acres comprising the total area of a single ownership is to be subdivided into three or fewer lots, or whenever a proposed subdivision zoned for single-family residential use contains three or fewer lots, a preliminary and final plat will not be required.
(B) This procedure shall not constitute an exemption from any of the design or off-site improvement requirements contained in the chapter.
(C) Exemptions for minor subdivisions as defined herein may be permitted under the following procedures:
(1) An accurate survey of the tract, prepared by a land surveyor registered in the state, and the proposed subdivision thereof shall be submitted to the office of the City Engineer. The survey shall be in suitable form for filing with the County Recorder of Deeds Office. All items submitted in paper form shall also be submitted in digital form.
(2) The City Engineer and planning staff shall review the proposed minor subdivision to insure compliance with all design and off-site improvement requirements of these regulations and they shall be submitted to the Planning Commission for consideration at the next regular meeting of the Planning Commission. All minor subdivision applications must be submitted to the city staff at least 21 days prior to any regular meeting of the Planning Commission.
(3) If the application is approved by the Planning Commission, it shall be certified by the signature of the Chairperson of the Planning Commission and attested by the Secretary member. If the application is denied, the reasons for denial shall be stated in writing, with reference made to the express provision of the regulations to which the proposed minor subdivision does not conform and shall be transmitted to the applicant.
(4) Whenever a deviation is required from the design of improvement requirements contained herein, or whenever a street, easement or other element is to be dedicated, the action of the Planning Commission shall be forwarded to the City Council for its approval and for acceptance of dedication. For all other minor subdivision applications, the action of the Planning Commission shall be final.
(5) After the proposed minor subdivision has been approved and certified as required above, the City Clerk, or his or her designee, may file the following documents with the County Recorder of Deeds office within seven days of the receipt of the required documents: the certified survey of the tract, the agreements of dedications and legal documents as shall be required to be recorded by the City Attorney.
(6) (a) Each minor subdivision submitted for approval shall be placed on the agenda of the Planning Commission only after fulfilling the appropriate requirements of this chapter. However, a minor subdivision not meeting all the requirements may be placed on the agenda providing the subdivider presents with the plat a written request for specific exceptions and explains the reasons therefor.
(b) Notice of application for minor subdivision approval shall be mailed to all property owners within 300 feet of the exterior boundary of the property. The notice shall be mailed at least ten days prior to the scheduled Planning Commission meeting at which time action has been requested. The applicant shall furnish a list of all property owners within 300 feet of the exterior boundaries of the property, with the list being certified to accuracy by a registered, professional engineer, a registered land surveyor, a licensed attorney or a bonded abstractor.
(Prior Code, § 13-525) (Ord. 1291, passed 6-5-84; Am. Ord. 1353, passed 10-15-85; Am. Ord. 1362, passed 2-17-86; Am. Ord. 1595, passed 5-19-98; Am. Ord. 1974, passed 8-6-19)