All land divisions that require site plan review shall be handled by the Planning Commission or the City Commission as provided in Article X of Chapter 50. All other land divisions or boundary line alterations shall be handled by administrative review; provided, however, the Public Works Director, in his or her sole discretion, may refer a proposed land division or boundary line alteration to the Planning Commission for review and action.
(A) Platted lots and site condominiums. No platted lot or site condominium unit (“lot”) shall be split or divided or combined with another lot, nor shall the boundary line of a lot be altered, unless approved beforehand by the Public Works Director, his or her designee, the Planning Commission or the City Commission pursuant to the following standards:
(1) Each resulting lot must have an area not less than required by Chapter 50 of this title, as amended, for a conforming lot in the zone district in which the lot is located; provided, a lot that is nonconforming due to area or width may be split or altered if such change does not increase the nonconformity of the lot, no new nonconformities are created, and the change is not in violation of § 5.114(B) of the Zoning Ordinance.
(2) Each proposed resulting lot must have adequate easements for public utilities from the lot to existing public utility facilities.
(3) The proposed land division will not adversely affect adjacent uses or properties and will be consistent and harmonious with the character of properties in the surrounding area within 500 feet of the proposed split. The review will include consideration of the following:
(a) The location and size of the resultant parcels shall be generally consistent to the size, shape and area of lots in the surrounding area of the proposed split. In reviewing conformity with properties in the surrounding area, factors which should be considered are total size of the parcels created, the width of such parcels, and the width-to-depth ratio of the parcels;
(b) The existence of and effect upon floodplain areas, wetlands, drainage courses, and terrain and the ability to develop building sites on each parcel without unreasonable disturbance of such features; and
(c) The relationship of front, side, and rear yards to yards and orientation of buildings on other existing parcels within the surrounding area.
(4) The proposed land division will not place demands on public services, roads and facilities in excess of their current capacities.
(5) The proposed land division shall not result in any lot that is likely to necessitate one or more setback variances in order to make it reasonably usable.
(6) The reviewing body may attach reasonable conditions to the approval of the platted land division or boundary line alteration.
(B) Unplatted lots. No land division (apart from platted lots or site condominium units, as governed by division (A) of this section) and no boundary line alteration shall occur until and unless the proposed land division or boundary line alteration has been approved by the Public Works Director, his or her designee, the Planning Commission or the City Commission pursuant to the following standards.
(1) Land division and boundary line alteration requests shall be approved or denied within 30 days after the filing of a complete application and the required supporting documents, all applicable fees have been paid, and the requirements of this chapter have been met.
(2) In addition to a complete application and payment of any applicable fees, the applicant must file an adequate and accurate legal description and a tentative parcel map for each proposed resulting parcel showing area, parcel lines, public utility easements and accessibility. The tentative parcel map shall be a scale drawing showing the approximate dimensions of the proposed lots or parcels.
(3) Each resulting parcel must have an area not less than required by Chapter 50 of this title, as amended, for a conforming lot in the zone district in which the lot is located; provided, a parcel that is nonconforming due to area or width may be split or altered if such change does not increase the nonconformity of the lot, no new nonconformities are created, and the change is not in violation of § 5.114(B) of the Zoning Ordinance.
(4) Each proposed resulting parcel must have adequate easements for public utilities from the parcel or lot to existing public utility facilities.
(5) The proposed land division or boundary adjustment shall not result in any parcel that is likely to necessitate one or more setback variances in order to make it reasonably usable.
(C) Effect of approval under this section. Municipal approval under this section confers land division or boundary line alteration approval only and the ability to record the land division with the County Register of Deeds Records. Municipal approval hereunder does not infer, imply or guarantee that the resulting lots or parcels are buildable or meet all city ordinance or code requirements. If discretionary city approvals are required either pursuant to Chapter 50 of this title, as amended, or other city ordinances, the property owner is still responsible for obtaining any such approvals and ensuring compliance with all applicable laws and ordinances.
(D) Application and fee for municipal review. The City Commission shall establish by resolution the fee for consideration of a proposed land division or boundary line alteration. A request for approval of a land division or boundary line alteration shall not be considered until the required fee is paid. In addition, an application for a division of land or boundary line alteration shall be filed. The application shall be signed by all owners of the subject land and delivered to the City Clerk. The following information shall be provided in or with the application:
(1) The names of all owners of any legal or equitable interest in the land and their signatures;
(2) The legal description of the parcel and a description of all buildings thereon;
(3) A survey prepared by a registered surveyor of the parcel as it exists, including all buildings located on the parcel, and showing the proposed lot division or partition, including the minimum building setback lines as required for the zoning district in which the property is located for each resulting parcel. In addition, the city will provide a drawing showing all adjoining properties and existing buildings within 500 feet of the subject property;
(4) Any restrictions or covenants which currently exist that impact the proposed resulting parcels and any restrictions or covenants which the owner intends to place on the resulting parcels should the proposed land division be approved. The applicant shall provide a copy of a title search showing restrictions applicable to the parcel;
(5) The applicant's statement of impact on properties in the surrounding area resulting from the proposed submission. This statement shall include, but not be limited to, a review of the standards set forth in § 5.406(A)(3) of this section; and
(6) Such other information as is requested by city staff, such as information regarding the location of drainage courses.
(E) Procedure for public hearing by Planning Commission or City Commission (when required). When an application for land division or boundary line alteration is sent to the Planning Commission or the City Commission for review and action, once the application has been filed in proper form with the required information, the application shall be placed on an agenda for the Planning Commission or the City Commission for consideration following a public hearing. Notices of such hearing shall be served personally or by mail at least 15 days prior to the day of such hearing upon the applicant and owners of record of property within 500 feet of the premises in question, which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. A notice of public hearing shall also be published in a newspaper of general circulation in the city at least 15 days prior to the day of such hearing. Only land divisions or boundary line alterations that are to be reviewed and acted upon by the Planning Commission or the City Commission shall require a public hearing.
(F) Appeal of boundary line alteration. A request for a boundary line alteration that is decided by an administrative review may be appealed to the city's Zoning Board of Appeals by any person or entity aggrieved by the decision. A request for an appeal must be filed with the Zoning Board of Appeals within 30 days of the administrative decision or the boundary line alteration.
(Prior Code, § 5.406) (Ord. effective 5-16-1997; Ord. effective 7-7-1998; Ord. effective 1-26-2001; Ord. effective 2-16-2007; Ord. effective 9-1-2023)