The provisions of this chapter do not apply to:
(A) The division of land within city limits or extraterritorial jurisdiction (ETJ) by metes and bounds in parcels five acres or more where each parcel has access to a public street and no public improvement is required;
(B) Cemeteries complying with all state and local laws and regulations;
(C) Divisions of land created by a court of competent jurisdiction;
(D) The use of two or more platted lots to create a larger development site:
(1) The proposed use is the same as that for which the subdivision was platted by the subdivider (i.e., in R-l zoning district, only one home may be constructed on both adjoining lots);
(2) No increase is anticipated in the estimated traffic generation or utility demands; and
(3) Off-site storm water runoff is neither increased nor concentrated.
(E) The division of an existing legal lot, the division being caused by the city’s acquisition of a part of the legal lot, when the Council finds that the acquisition by the city is in the best interest of the public health, safety and welfare of the citizens of Harker Heights and/or its extraterritorial jurisdiction.
Upon the Council so finding, the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this chapter and other applicable city regulations. In creating the division, the Council is empowered to attach to the resulting parcels acquired by the city, and the remainder parcels not acquired by the city upon agreement with the owner, such conditions as it finds reasonable and necessary to offset any adverse effects resulting from the city’s acquisition as a part of the original legal lot, in so far as any such condition is not contrary to the spirit and intent of the ordinance.
(Ord. 2010-08, passed 3-9-10)