(A) Exempt land division defined. These regulations recognize exempted land divisions. Exempted land divisions do not count against the four minor land divisions (lot splits). Exempted land divisions have inherent restrictions associated with their respective exemption pursuant to R.C. Chapter 711. The various exempted land divisions are as follows:
(1) The sale or exchange of parcel(s) less than five acres between adjoining lot owners may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances:
(a) The new lot(s) conform to the width to depth ratio which does not exceed one to three (1:3) or complies with Table 1 in § 152.038 of this subchapter; and
(b) The proposed land division, including the remainder of the original tract, is not contrary to any other applicable regulations.
(2) The creation of parcel(s) five acres or more in size may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances:
(a) It can be clearly demonstrated that the parcel(s) has direct frontage on an existing public road and does not create any new access of easement; and
(b) The proposed land division is not contrary to any other applicable regulations.
(B) Application for exempted land division. Applications for an exempted land division review and/or approval are available at Village Administration Building. The completed application form must contain a deed of proposed exempted land division, a survey and a legal description.
(1) The applicant must submit a survey by a professional surveyor in the state revealing the establishment of existing and proposed lot lines, property corners by iron pins, corner posts and/or other monuments. Survey shall have been approved for compliance with the Standards Governing Conveyances of Real Property in Allen and Hancock County, Ohio.
(2) The applicant must submit all applicable fees as established by the Village Council.
(C) Submittal and review process. Applications are considered officially submitted and filed once all required and pertinent information is submitted to the Subdivision Administrator. The Subdivision Administrator will review the proposed division(s) of a parcel and within seven working days either approve or deny the exempted minor land division.
(1) Approval. Once an application is officially submitted and filed, the Subdivision Administrator shall review the proposed division(s) of a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable platting, subdividing or zoning regulations, shall, within seven working days, approve such proposed division and upon conveyance for said parcel(s) shall stamp the same “Exempted Minor Land Division. Approved by the Planning Commission” and sign and date.
(2) Denial. Minor land divisions which are denied by the Subdivision Administrator pursuant to these regulations may be brought before the Planning Commission for consideration of a variance from these regulations pursuant to § 152.010.
(Ord. 20-04, passed 12-27-2004)