When in the best interest of the city and with cases of administrative or minor subdivisions, the platting procedures of this title may be waived. A letter, proper city application, and legal description must be submitted to the city for minor and administrative subdivisions prior to being placed on the planning commission or city council agenda.
A. Minor Or Administrative Subdivision: Minor and administrative subdivisions may be exempt from platting requirement of this title provided they are in accordance with all of the following:
1. There is no need for public improvements as a result of the subdivision;
2. The subdivision does not violate any provision of the zoning ordinance, comprehensive plan, or any other state or city ordinance;
3. The subdivision does not adversely affect public health, safety and general welfare;
4. The subdivision is not part of a continuing theme of lot splitting for a particular area;
5. Any platted lot may be split up to four (4) times through minor subdivision;
6. A completed city of Hawley application form, legal description of the proposed parcels, drawing of the existing and proposed parcels, setback of existing structures to the proposed property lines, and an explanation of any encroachments are provided to the zoning official.
B. Administrative Subdivision: The zoning official may waive the platting requirement and administratively approve a subdivision that complies with subsections A1 through A6 of this section, and in the following instances:
1. A boundary adjustment relocating a property line between adjoining parcels, provided the subdivision does not create a new tax parcel and each parcel retains sufficient lot size required by the zoning ordinance.
2. A split of an existing platted lot to accommodate the separate ownership of each unit in a single-family attached dwelling unit, provided the subdivision does not increase the density beyond the maximum number of units allowed for that parcel by the zoning ordinance or a developer's agreement approved by the city council.
3. A combination of two (2) or more contiguous tax parcels into one parcel of record.
C. Minor Subdivisions: The city council (with or without planning commission recommendation) may waive the platting requirement and approve by resolution a minor subdivision that complies with subsections A1 through A6 of this section, and in the following instances:
1. A subdivision, other than a division of a single-family attached dwelling, which contains not more than four (4) splits.
2. A subdivision by metes and bounds description which would not increase the density of a tax parcel beyond what is allowed by its zoning classification.
3. Any other subdivision of property by metes and bounds description which is not defined as an administrative subdivision. (Ord. 232, 12-2-2002)