(a) Exempt Land Division Defined. These regulations recognize exempted land divisions. Exempted land division do not count against the four minor lot splits. Exempted land division have inherent restrictions associated with their respective exemption pursuant to Chapter 711 of the Ohio Revised Code. The various exempted land divisions are as follows.
(1) The sale or exchange of parcel(s) less than five (5) acres between adjoining lot owners may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances: (1) the new lot(s) conform to the width to depth ratio which does not exceed 1:3 or complies with Schedule A in Appendix C of these Regulations; and, (2) the proposed land division, including the remainder of the original tract, is not contrary to any other applicable regulations.
(2) The creation of parcel(s) five (5) acres or more in size may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances; (1) it can be clearly demonstrated that the parcel(s) has direct frontage on an existing public road and does not create any new access of easement; and, (2) the proposed land division is not contrary to any other applicable regulations.
(3) The creation of agricultural parcel(s) may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances: (1) the division is five (5) acres or more; (2) it is clearly documented that the parcel(s) shall be used exclusively for agricultural purposes only with no residential, commercial or industrial structures, activity or development of any kind permitted and is so stated on the deed; (3) the proposed land division includes direct access onto a public road or has an easement of access; and, (4) the proposed land division, including the remainder of the original tract, is not contrary to any other applicable regulations.
(4) The Planning Commission shall require that deed restrictions be placed on the property limiting the use of the parcel to only agricultural buildings or uses. The deed shall state that “The grantees, their heirs, and assigns do hereby acknowledge and agree that this conveyance is subject to the covenant and agreement of the grantees, their heirs, and assigns and the agricultural parcel(s) does not constitute a building site and that no buildings, except agricultural buildings shall be constructed on said premises without the prior written approval of the Planning Commission.” The agricultural parcel may be changed to another use at a later date if the lot meets with all applicable regulations. Should the agricultural parcel be petitioned for a change in use, the Planning Commission must review the parcel to ensure that it meets all applicable regulations.
(b) Application for Exempted Land Division. Applications for an exempted land division review and/or approval are available at the office of the Planning Commission. The completed application form must contain a deed of proposed exempted land division, a survey and a legal description.
(1) The applicant must submit a survey by a Professional Surveyor in the State of Ohio revealing the establishment of existing and proposed lot lines, property corners by iron pins, corner posts and/or other monuments. Survey shall have been approved for compliance with the Standards Governing Conveyances of Real Property in Allen County, Ohio.
(2) The applicant must submit all applicable fees as established by the Planning Commission.
(c) Submittal and Review Process. Applications are considered officially submitted and filed once all required and pertinent information is submitted to the Zoning Inspector. The Zoning Inspector will review the proposed division(s) of a parcel and within seven (7) working days either approve or deny the exempted minor land division.
(1) Approval: Once an application is officially submitted and filed, the Zoning Inspector shall review the proposed division(s) of a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable platting, subdividing or zoning regulations, shall, within seven (7) working days, approve such proposed division and upon conveyance for said parcel(s) shall stamp the same “Exempted Minor Land Division. Approved by the Planning Commission” and sign and date.
(2) Denial: Minor Land Divisions which are denied by the Zoning Inspector pursuant to these Regulations may be brought before the Planning Commission for consideration of a variance from these Regulations pursuant to Section 1105.09.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)