The Planning and Zoning Commission may, when appropriate, waive such portions of the rules and regulations as is deemed advisable. The granting of any such variance must be in the public interest and not inconsistent with the intent and purpose of the subdivision ordinance requirements.
A. Specific Land Development Standards: Such waivers are commonly confined to specific land development standards such as road construction details. In establishing such requirements for varied standards, due regard shall be paid by the commission to the prospective character of different subdivisions and the prospective amount of traffic upon the various ways therein and adjustments shall be made accordingly.
B. Frontage Requirements And Setback Lines: Frontage requirements and setback lines as specified in the City zoning ordinances may be waived for planned unit developments only.
C. Waiving Requirements: The Planning and Zoning Commission may waive requirements for soil, geologic or hydrologic reports with the recommendation of such waiving by the Technical Review Committee or may make acceptance of the final plat conditional upon the findings of such reports. (Ord. 561, 4-18-1983)
D. Minor Land Division: Following a positive recommendation from the City Public Works Director, the Planning and Zoning Commission will review and may recommend approval to the City Council on a "minor land division". The purpose of the minor land division is to allow the creation of up to four (4) parcels every ten (10) years without being subject to the procedural provisions of the preliminary and final plat regulations of this title. A Record of Survey, application and the appropriate fee as established in the master fee schedule are required for a minor land division of a lot, tract or parcel of land. The minor land division must create buildable parcels (5,000 square feet minimum) and meet the following conditions: (Ord. 921, 5-21-2018; amd. Ord. 925, 10-1-2018)
1. The subject property must be located within the City limits of the City of Grangeville. If not so located, the subject property shall be annexed and the property owner shall consent to said annexation. The property owner shall submit an appropriate request for annexation and record of survey.
2. No minor land division shall create more than four (4) new parcels.
3. No property involved in a minor land division pursuant to the provisions of this exception, shall be involved in a subsequent minor land division for a period of ten (10) years from the recording date of the previous Record of Survey for a minor land division.
4. No minor land division shall require new street improvements; however, the Record of Survey shall include dedication of right-of-way (appropriate width to be determined by the Public Works Director based upon zoning and location) along subject property frontage and show future road extension to be dedicated as development occurs.
5. No minor land division shall require new public utility lines to be extended within the right-of-way to property involved in a minor land division.
6. All resulting parcels must conform to the minimum requirements of all existing land use regulations including the adopted zoning ordinance.
7. Any existing buildings located on a parcel subject to the minor land division shall meet all applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zone as measured from any parcel boundary being created by this process.
a. Any setback that was legally non-conforming prior to the minor land division may remain as a legal non-conforming setback, provided the legal non-conforming setback is not altered by the minor land division.
b. Any building not meeting the required setback that is to be partially or completely demolished or moved shall be either demolished or moved prior to the approval of the minor land division.
c. If required parking is provided by means of a permanent shared-parking agreement, a note on the face of the survey must list the total required and provided parking for all parcels to which the shared parking provisions of the shared- parking agreement applies.
d. When City utilities are located on a parcel subject to minor land division, a utility easement shall be provided by the parcel owner to the City of Grangeville allowing access by the City to said utilities. The location of the utilities and easement shall be appropriately identified on the record of survey.
e. If an existing easement is located in a proposed permanent structure construction area, the easement must be vacated prior to the Public Works Director's approval of the minor land division. (Ord. 921, 5-21-2018)