(a) Purpose. The purposes of the minor subdivision process are to allow for subdivisions of land, consolidation of lots, or transfers of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four new lots and the remainder of the original lot);
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights- of-way; and
E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and the dedication of additional land for the widening of existing streets, where no new lots are created.
(c) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. The application shall include a draft/proposed deed or other instrument of conveyance in compliance with the forms prescribed by law, and containing an accurate and current legal description based on a boundary survey, of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and instruments of conveyance shall be submitted for both resulting lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the Zoning Administrator for consideration prior to the Zoning Administrator's decision (Step 3).
(3) Step 3 - Review and Decision by the Zoning Administrator.
A. Within thirty (30) days of the determination that the application (Step 1) is complete, or within an extended timeframe approved by the applicant, the Zoning Administrator shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review considerations established below. An extension on the decision may be granted with approval from the applicant.
B. In reviewing the minor subdivision, the Zoning Administrator, on recommendation of the Village Administrator, may require the addition of easements and/or setbacks as part of a transfer of land area between two lots.
C. If the application is approved with modifications, the applicant shall be required to revise all documents and resubmit for final signing by the Village.
D. If the Zoning Administrator denies an application for a minor subdivision, the Zoning Administrator shall provide the applicant with written finding for the denial.
E. No zoning certificate shall be issued by the Village for any activity on lots subject to the minor subdivision unless the revised documents are submitted and signed by the Village and such lots are recorded (Step 4), as approved by the Village.
(4) Step 4 - Recording Approved Applications.
A. If the application is approved, the Zoning Administrator shall sign and date all required survey maps or legal descriptions in the minor subdivision, or other forms of conveyance allowed by the Knox County Auditor.
B. Once signed by the Zoning Administrator, the applicant shall be responsible for obtaining the signed documents and submitting to the Knox County Auditor for the transfer of property and to the Knox County Recorder for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Zoning Administrator, after recording.
C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.
(d) Review Criteria. In order for a minor subdivision to be approved, the Zoning Administrator must determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code including, but not limited to, the lot and principal building regulations of Section 1111.01;
(2) That any transfer between lots to be completed is not between two lots of different zoning districts, unless the application has been contemporaneously submitted with an application to amend the zoning map for the parcel to be transferred, and such amendment has been approved;
(3) That the minor subdivision complies with all other applicable regulations of the Village; and
(4) That all valid objections to the minor subdivision raised by Village or County departments have been or will be satisfactorily resolved by the applicant.
(e) Variances. If the proposed subdivision requires a variance from the minimum lot or principal building regulations (e.g., lot area, lot width, etc.) or other standards mandated by this code in Section 1111.01, the applicant will be required to apply for and receive variance approvals (See Section 1103.12.) prior to approval of the minor subdivision.
(f) Time Limit. The minor subdivision approval shall expire six months after the Village Administrator signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Knox County Recorder during said period.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the PLANNING COMMISSION as established in Section 1103.14.
(Ord. 2023-16. Passed 6-5-23.)