(a) All minor subdivisions shall be approved by the City Zoning Inspector, as herein provided, prior to submission to the county Recorders Office for recording.
(b) Persons requesting approval of a minor subdivision as herein defined shall submit to the Conneaut Zoning Inspector the following:
(1) One copy of a completed minor subdivision application, developed and provided by the Inspector, signed and dated by the applicant, and a $25.00 nonrefundable application fee payable to the City of Conneaut.
(2) A properly executed and signed instrument of conveyance, including deeds, easements, etc.
(3) A survey of all lots or parcels created by the subdivision by a registered surveyor and in accordance with the Minimum Standards for Boundary Surveys in the State of Ohio found in Chapter 4733-37.
(Ord. 86-92. Passed 4-27-92.)
(c) A minor subdivision * shall be granted by the Zoning Inspector if the proposed action meets all of the following conditions:
(1) The proposed subdivision is located along an existing public or privately dedicated road and involves no opening, widening, or extension of any street or road.
(2) The proposed subdivision would create a lot-of-record (lot with a permanent parcel number) five (5.0) acres or less in area.
(3) The present property owner has created no more than five (5) lots-of-record from the larger parcel being subdivided including the original parcel.
(4) The proposed subdivision will satisfy all applicable zoning regulations which include, but are not limited to:
A. lot frontage and lot area
B. intended land use, as listed on the application form
C. side and rear yard setback (for existing structures).
(5) The proposed subdivision will satisfy all applicable subdivision regulations, which include but are not limited to:
A. the newly created parcel and any residual land must have sufficient frontage on a dedicated highway
B. all easements on or adjacent to the newly created parcel will be delimited on the map submitted with the application for a minor subdivision without plat.
* The creation of a lot-of-record also involves the "remainder" of the property-owner's original lot. As such, the "remainder" must also meet the minimum listed criteria.
(Ord. 263-91. Passed 11-12-91.)
(Ord. 263-91. Passed 11-12-91.)
(d) (1) If the Zoning Inspector is satisfied that the proposed subdivision is not contrary to the applicable platting, subdividing or zoning regulations, and meets the requirements stated in subsection (c) hereof, he shall, within seven (7) working days after submission of the application packet, approve such proposed division and, upon the instrument of conveyance of said parcel, stamp the same “Approved, Conneaut Zoning Inspector, No Plat Required” and sign and date.
(2) Appeals to Planning Commission. If the application is disapproved, the applicant shall be notified, in writing by the Zoning Inspector as to the reasons for his disapproval. Upon receipt of this notice, the applicant may file a written appeal of the Inspector’s decision with the City Planning Commission. Within thirty days after receipt of the applicant’s written appeal, the Planning Commission shall schedule a public hearing on the appeal, providing notice to the applicant and the Zoning Inspector.
(3) Planning Commission and variances. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
A. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property located in the area; and
B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and
C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
Conditions. In approving variances, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(4) Informal review. The applicant may save time and expense by submitting a sketch or drawing for review prior to preparation of a complete survey. The information submitted must be sufficient to determine if the proposed subdivision conforms to applicable regulations. The Zoning Inspector shall provide an informal review. The review shall be for information purposes only, and it shall constitute neither approval nor disapproval on the proposed subdivision.
(e) An applicant shall record an instrument of conveyance containing a minor subdivision within 30 days of the date on which the Zoning Inspector has approved such subdivision.
(Ord. 86-92. Passed 4-27-92.)
(Ord. 86-92. Passed 4-27-92.)