No improvement location permits or certificates of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein and in conformity with building code standards adopted by the city if they have been enacted and are in force.
(A) Administrative subdivisions.
(1) Types of administrative subdivisions. An administrative subdivision is a subdivision of land that, unless specified otherwise, is specifically exempted from the preliminary and final plat approval procedures of this chapter. An administrative subdivision must be one of the following types of divisions:
(a) A division of land for residential use into two additional tracts from the parent tract of which all tracts are at least one and one half acres in size with the parent tract maintaining a minimum of ten acres, provided the parent tract is greater than 13 acres in size.
(b) A division of land into no more than four tracts for an agricultural use.
(c) A division of land for the transfer of tract or tracts to correct errors in an existing legal description, provided that no additional building sites (accessory structure excluded) are created by the division.
(d) A division of land pursuant to an allocation of land in the settlement of a decedent’s estate or court decree for the distribution of property.
(e) A division of land for the unwilling sale of land as a result of legal condemnations as defined and allowed by state law.
(f) A division of land for federal, state, or local government to acquire street right-of- way;
(g) A division of land for the transfer of a tract or tracts between adjoining lots, provided that the division does not create a buildable lot for a principal use structure;
(h) A division of land into cemetery plots for the purpose of burial of corpses;
(i) A division of land for the purpose of straightening property boundary lines, provided that the division does not cause a change in the existing land use.
(j) A residential lot split of three lots or fewer, which does not involve the construction of any new street or road, or the imposition of any adverse effect upon the use of the remainder of the land or adjacent property.
(2) In the event of reasonable uncertainty as to whether a lot split or subdivision will have an adverse effect upon the use of the remainder of the land or adjacent property or otherwise qualifies as an administrative subdivision, a person seeking to subdivide property pursuant to division (A) of this section shall request a review of the proposed subdivision or lot split by the Plan Director, who shall have the discretion to determine whether it has an adverse impact or otherwise qualifies as an administrative subdivision. In the event that a recorded subdivision or lot split does in fact have an adverse impact, failure to request review by the Plan Director may result in subsequent invalidation of the subdivision or lot split or denial of improvement location permits or certificates of occupancy for having been subdivided in violation of this section.
(B) Major subdivisions (residential or non-residential). Major subdivisions include any land, vacant or improved, which is divided or proposed to be divided into four or more lots of record for the purpose of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision. Major subdivisions are subject to a two- step approval process: primary and secondary review and approval. Recording of the plat is not authorized until after secondary plat approval is granted. All subdivision of land for non-residential use shall be subject to the major subdivision process. Where upon completion of all development, the exact measurements of the location of: building footprints; roads; utility lines; easements; dedicated parks, open spaces, and facilities; and the like erected during the development are necessary for public record and shall therefore be recorded. The developer shall submit a copy of the approved Construction Plans (as-built plans), as amended, to the Planning Director with the exact measurements thereon shown. The Planning Director, after being satisfied that the measurements are substantially the same as indicated on the originally approved final plan(s), shall approve, date and sign said Construction Plans for the project, which the developer shall then record.
(C) Minor subdivisions (non-residential). Non-residential minor subdivisions may be subject to a one-step approval process. If an applicant is seeking approval for a subdivision of three lots or less that does not involve the construction of any new street or road, or the imposition of any adverse effect upon the use of the remainder of the land or adjacent property as determined by the Commission, and the activity does not conflict with either a provision or portion of the Comprehensive Plan, the Official Zoning Map, the Zoning Ordinance, approval of the minor subdivision plat may be given by the Area Plan Commission at a single meeting. The applicant shall provide the Area Plan Commission a plat and any other such information as deemed necessary by the staff. Recording of the plat is not authorized until after plat approval is granted.
(Ord. 5-2009, passed 3-9-09; Am. Ord. 9-2011, passed 4-11-11)