(A) Intent. A preliminary plat is intended to show how the owner/developer plans to lay out lots, streets, easements, and open space, and to gain concurrence from the city that the proposed subdivision meets all applicable subdivision and zoning regulations prior to the preparation of a final plat.
(B) Applicability.
(1) A preliminary plat is required when any unplatted property is intended to be subdivided, unless the development meets the criteria for a waiver of the requirement of this chapter as listed in division (B)(3) below.
(2) The preliminary plat shall include all property that is proposed for development or is under contiguous ownership by the subdivider.
(3) The requirement for a preliminary plat is waived if the proposed subdivision meets each of the following conditions:
(a) The subdivision will be platted and constructed in one phase;
(b) The subdivision will not require the extension of any public utilities, streets or drainage infrastructure; and
(c) The subdivision does not propose and will not require construction within any area shown as floodplain.
(4) A preliminary plat will also be required when previously platted properties are to be materially altered or changed such that the new subdivision would not meet the conditions listed in division (B)(3).
(5) Contours will be required on all preliminary plats in order to show the lay of the land and to show any existing water courses that might be present on the property.
(C) A final plat, approved by the Planning and Zoning Commission and City Council, will be required prior to any work being started within the limits of the final plat.
(D) Platting — a prerequisite for the issuance of a building permit.
(1) A final plat shall be duly recorded in the Johnson County Plat Records prior to the issuance of a building permit.
(2) Building permits will not be issued until all public facilities (streets, roads, water, sanitary sewer, storm sewer, drainage improvements and the like) are completed and accepted by the City Engineer. Refer to § 154.009 for exceptions to the completion of improvements.
(E) Building permits may be issued, without requiring platting, when:
(1) The property was located in the city limits in 1957 and shown on the “Official City of Cleburne Map,” and:
(a) Is thereby shown as single tract of land or lot, and has not increased in size or been subdivided; and
(b) Does not conflict with the city master plan; or
(2) The property is in a residential district and the proposed construction is for any of the following purposes:
(a) Adding to an existing building or structure;
(b) Altering an existing building or structure;
(c) Adding an accessory building or structure; or
(d) Restoring any building or structure previously destroyed by fire, explosion, or any other casualty or act of God, where the extent of the destruction is not more than 50% of its reasonable market value; or
(3) The property was in separate ownership on or before June 8, 1965, or before the property was annexed, provided that:
(a) The proposed building does not conflict with the City Master Plan;
(b) The proposed building does not conflict with any other provision of this code or any other ordinance of the city; or
(c) The proposed building site is located in an area which would not block the extension of a current dead end street.
(F) Division (E) shall not allow the issuance of a building permit in conflict with the restrictions of the general zoning ordinance or the “nonconforming use ordinance.”
('68 Code, App. B, § 2.01) (Ord. 8-1989-34, passed 8-8-89; Am. Ord. 3-1992-5, passed 3-10-92; Am. Ord. 03-2022-29, passed 3-22-2022)