(A) Plat required. It is unlawful for any owner, agent or person having control of any land within the corporate limits of the city or within one mile of its corporate limits to subdivide or lay out the land into blocks, lots, streets, avenues, alleys, public ways and grounds unless by plat in accordance with the laws of the state and the provisions of this chapter. A development or subdivision solely for agricultural purposes, i.e., farming, is excluded from this requirement. The Council may, by resolution, waive its right to review subdivisions located within one mile of its corporate limit. In order to secure approval of a proposed subdivision, the owner and subdivider shall submit to the city plats and other information as required by this chapter. The owner and subdivider of any subdivision shall comply with the requirement for a preliminary plat and the requirements for a final plat.
(B) Planning consultation; factors for consideration.
(1) In order to make the most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider should consult with the Commission, the City Engineer and other public officials prior to the preparation of the tentative plan of the subdivision. The comprehensive plan should be reviewed to determine how the proposed plan will fit into the comprehensive plan.
(2) Requirements of the street plan; school and recreational sites; shopping centers, community facilities; sanitation; water supply, drainage and erosion; and, relationship to other developments, existing and proposed in the vicinity, should be determined in advance of the preparation of the subdivision plan. Consultation should also be held with those familiar with the economic factors affecting the subdivision. A thorough estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision.
(3) No land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be considered by the Commission to be unsuitable for each use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole.
(C) Variances; basis for consideration; justification.
(1) Where the subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to and where, in the opinion of the Zoning Board of Adjustments, because of topographical or other conditions peculiar to the site or density, a departure may be made in accordance with existing legal standards without destroying the intent of the provision, then the Zoning Board of Adjustments may authorize a variance. Any variance recommended by the Zoning Board of Adjustments is required to be entered in writing in the minutes of the Zoning Board of Adjustments and the reasoning on which the departure was justified shall be set forth.
(2) Notwithstanding division (A) above, no design provision of Chapter 158 shall necessarily be applied to plats developed under planned unit zoning § 159.021 of the zoning regulations or of plats developed under planned residential overlay districts unless cross referenced or unless specifically approved as part of a particular planned project.
(D) Failure to comply with chapter; building permits; exceptions. The Building Inspector shall not issue building, repair, temporary occupancy or permanent occupancy permits for any structure located on a lot in any subdivision within the city, the plat of which has not been approved in accordance with the provisions of this chapter, except:
(1) Agricultural building improvements to agricultural property zoned A-1 Agricultural District;
(2) Residential lots zoned R-1 or R-2 Single-Family Residence District, where the lots were created prior to October 28, 2008 and the original boundaries of the lots have not been changed, except by condemnation;
(3) Upon the findings and determination by the City Council that none of the public benefits or need intended by this chapter or by the Iowa Code Ch. 354 would be gained by requiring compliance with the terms of this chapter; and
(4) The Council may authorize the issuance of a building permit for a tract prior to the Council’s final approval of the plat thereof where the applicant provides a restrictive covenant that the applicant will obtain final Council approval of the plat prior to any temporary or final occupancy or use of the building authorized by the permit. The covenant shall be in a form suitable for recording and be approved by the City Attorney.
(E) Public improvements not to be made in nonconforming subdivisions. The Council shall not permit public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after October 28, 2008, unless the subdivision or street has been approved in accordance with the provisions of this chapter except as provided for in division (D)(2) above.
(F) Acceptance of street dedications. No street in any subdivision that has been approved by the Council after October 28, 2008, shall be officially accepted by the Council for the improvement and maintenance thereof until the minimum improvements required by this chapter have been made either by the subdivider or by the abutting property owners, except as provided for in division (D)(2) of this section.
(Ord. 2389, passed 10-28-2008; Ord. 2536, passed 4-12-2016) Penalty, see §
10.99