(1) Purpose. The purpose of the minor subdivision review process is to ensure compliance with this Code while allowing for small scale subdivisions that will not result in new roads or major extensions of infrastructure.
(2) Minor subdivision determination and applicability. The Planning Department shall make a determination if a proposed subdivision is a minor subdivision if the proposed subdivision meets the following conditions:
(A) The subdivision will result in less than five lots after the original tract has been completely subdivided;
(B) The subdivision will occur along an existing public street;
(C) The subdivision will not result in the creation, widening or extension of any street or road;
(D) The proposed subdivision will not be contrary to the applicable provisions of this Code; and
(E) No lot depth shall exceed four and one-half times the lot width or be less than one and one-half times the lot width at the minimum building setback line, unless otherwise required by this Code.
(3) Replats.
(A) Any minor subdivision that involves the consolidation of lots or the adjustment of a boundary(ies) between lots that are situated within platted subdivisions shall adhere to the procedures set forth in division (5) of this section and be subject to the approval criteria set forth in division (6) of this section.
(B) Any subdivision of land within a platted subdivision which results in one or more additional lots within that subdivision shall adhere to the procedures for a major subdivision, as applicable, as set forth in § 157.050.
(4) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a minor subdivision.
(5) Procedure. The review procedure for a minor subdivision shall be as follows.
(B) Step 2 - review and comment by applicable agencies.
1.) Upon determination that the application for a minor subdivision is complete, the Planning Department may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, and the agencies having jurisdiction over wastewater or water.
2.) Such agencies may supply comments, recommendations and approvals as applicable, to the Planning Department for consideration prior to the department’s decision (Step 3).
(C) Step 3 - review and decision by the Planning Department.
1.) Within ten days of the determination that the application (Step 1) is complete, the Planning Department shall review the application and approve or deny the application for a minor subdivision based on the approval criteria established in division (6) of this section.
2.) The Planning Department may choose to refer the application to the PZC who shall then make a final decision on the application for a minor subdivision at its next scheduled meeting for which it meets the applicable submittal deadlines.
3.) If the Planning Department denies an application for a minor subdivision, the Department shall provide the applicant with written finding for the denial.
4.) Both the Planning Department and the Zoning Division shall be required to sign the minor subdivision (total of two signatures).
(6) Approval criteria. In order to approve a minor subdivision, the Planning Department and/or the PZC shall determine the following:
(A) That the minor subdivision complies with all applicable provisions of this Code;
(B) That the minor subdivision does not conflict with other regulations, plans or policies of the city;
(C) That applicable review agencies have no objections that cannot be resolved by the applicant; and
(D) That the minor subdivision is not otherwise contrary to the interest of the city.
(7) Recording.
(A) If the Planning Department approves the minor subdivision without a plat, the conveyance shall be stamped with “Approved for transfer only, no building site approved. Valid for 180 days from the above date.”
(B) The Planning Director shall sign and date the conveyance.
(8) Appeals.
(A) If the Planning Department denies the application for a minor subdivision, the applicant may appeal the decision to the PZC within 20 days of the Planning Department’s decision.
(B) The PZC shall review and decide on the appeal at its next regular meeting following, for which the submittal of the appeal meets the applicable submittal deadlines.
(9) Approval time limit. The minor subdivision approval shall expire 180 days after the Planning Department signs and dates the conveyance unless the instrument of conveyance (deed) is recorded in the office of the County Fiscal Officer during said period.
(Prior Code, § 1224.05) (Ord. 2009-21, passed 10-27-2009)