A subdivision has been defined in §§ 150.006 and 150.025. However, there are certain circumstances where a subdivision containing not more than three lots or an agricultural subdivision would qualify for an exemption from those subdivision procedures in §§ 150.025 through 150.053, and the applicant would fall under the requirements of this chapter. The definitions of the two qualifying exemptions are as follows.
(A) A MINOR SUBDIVISION is defined as any subdivision that contains the following:
(1) The subdivision does not contain more than three lots;
(2) All proposed lots are to be used for residential or agricultural purposes only;
(3) All proposed lots are located on an existing concrete or asphalt public street not transversed by the mapped lines of a proposed street as shown in the General Plan and does not require the dedication of any land for street or other public use;
(4) All proposed lots must meet minimum building lot requirements and conform to all applicable ordinances;
(5) All proposed lots require direct access to existing municipal facilities and have been approved by the culinary water, secondary (irrigation), field drain district, and sanitary sewer authorities without requiring any easements or extensions of existing utilities;
(6) Meets the requirements of Ord. 2017-001 regarding water transferred to the city;
(7) Is located in a properly-zoned area; and
(8) Conforms to all applicable land use ordinances.
(B) An AGRICULTURAL SUBDIVISION is defined as any subdivision that contains the following:
(1) A lot or parcel resulting from a division of agricultural land;
(2) Qualifies as land in agricultural use under UCA § 59-2-502;
(3) Meets the minimum size requirement of applicable land use ordinances; and
(4) Is not used and will not be used for any nonagricultural purpose.
(Ord. 2021-020, passed - -2021) Penalty, see § 150.999