(A) Qualification. The following circumstances may be considered an administrative subdivision:
(1) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional lots are created and both resulting lots conform to minimum requirements of this chapter;
(2) In the case of a request to combine two existing platted lots;
(3) A division that allows for the division of one existing platted lot into two lots and both new lots conform to the minimum requirements of this chapter;
(4) The property to be divided shall not be part of a planned unit development; and
(5) The parcel of land shall not have been part of an administrative subdivision within the last five years.
(B) Application. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part of the subdivision, and before any permit for the erection of a structure on the proposed subdivision shall be granted, the subdividing owner or his or her authorized agent, shall file an application and secure approval of an administrative subdivision. The administrative subdivision application shall be considered to be officially filed when the Zoning Administrator or designee has received the application and has determined that the application is complete.
(C) Submittal requirements. Unless otherwise waived by the Zoning Administrator, the submittal requirements are the same as for a preliminary plat as found in § 154.190 of this chapter.
(D) Procedure.
(1) A development application form with required fees shall be submitted to the City.
(2) The Zoning Administrator shall request input by the City’s planning, engineering and legal staff, as appropriate, and shall forward copies of the application to agencies and utility companies responsible for review of the application.
(3) Administrative subdivision of land abutting upon any existing or proposed trunk highway, county road or highway or county state-aid highway shall be subject to review of the state’s Department of Transportation and/or the county’s Highway Department. Written notice and a copy of the proposed administrative subdivision shall be filed with the state’s Department of Transportation and/or the county’s Highway Department for review and comment. Final action on an administrative subdivision shall not be taken until the minimum 30-day review period has elapsed or until all referenced parties have signed off, whichever first occurs.
(4) The Zoning Administrator shall have authority to request supportive information pertinent to the administrative subdivision. Failure to provide the necessary supportive information may be grounds for denial of the request.
(5) The Zoning Administrator shall reach a decision on the requested administrative subdivision within 60 days of complete application, unless the applicant agrees to an extension of the review period.
(a) The Zoning Administrator may approve the administrative subdivision with conditions that shall be met to ensure the administrative subdivision is compliant with the regulations of the subdivision and zoning ordinances, as may be amended, and other applicable requirements.
(b) The Zoning Administrator shall prepare findings and deny a subdivision if the administrative subdivision is found to be premature as defined by the criteria of § 154.189 of this chapter or fails to comply with regulations of the City’s subdivision and zoning ordinances, as may be amended, or other applicable requirements.
(c) The applicant may appeal an administrative subdivision denial following the appeal procedure outlined in § 154.024 of this chapter.
(d) Prior to certification by the City of the approval of the administrative subdivision, the applicant shall supply the deed(s) granting to the City any easements as required by the Zoning Administrator.
(E) Recording.
(1) If the administrative subdivision is approved by the Zoning Administrator, the applicant shall record the deed, and the accompanying survey, in the office of the County Recorder within 60 days after the date of approval; otherwise, the approval of the administrative subdivision shall be considered void.
(2) When the land for which the administrative subdivision abuts a state highway, county road or county highway, a certificate or other evidence showing submission and approval of the administrative subdivision to the state’s Department of Transportation and/or the county’s Highway Department shall be filed with the County Recorder of Deeds, with the administrative subdivision.
(Ord. passed 3-20-2002, § 30.09)