(A) The Planning Commission is hereby authorized to approve or disapprove lot splits in accordance with the following regulations.
(2005 Code, § 11-1232)
(B) Requests for lot split approval shall be made by the owner of the land to the City Clerk. Four copies of a drawing to scale of lots involved if there are no structures thereon, or if structures are located on any part of the lot being split, four copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within 200 feet of the property proposed to be split. Such owners shall have ten days from the date of notification to notify the City Clerk of any protests they may have concerning the lot split. The ten-day waiting period may be waived upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split.
(2005 Code, § 11-1233)
(C) (1) The Mayor and Council of the city hereby retroactively waive the 120-day period provided by Neb. RS 76-2,110 subject to the approval of each conveyance by the City Zoning Administrator or his or her duly appointed representative.
(2) In the event that the City Zoning Administrator or his or her designated officer disapprove the subject conveyance for any reason whatsoever, the application for waiver or notice of conveyance shall be presented to the City Council for review and determination.
(3) In the event that the City Council refuses to approve the said application for waiver or the conveyance for which notice has been received, it shall establish a date when the matter can be aired at a public hearing. After which, the City Council shall either waive or deny the subject conveyance.
(2005 Code, § 11-1233.01)
(D) Approval or disapproval of lot splits shall be made based on the following guidelines:
(1) No lot split shall be approved if:
(a) A new street or alley is needed or proposed;
(b) A vacation of streets, alleys, setback lines, access control on easements is required or proposed;
(c) If such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets and the like) or will interfere with maintaining existing service levels (e.g., additional curb cuts, repaying and the like);
(d) There is less street right-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instrument;
(e) All easement requirements have not been satisfied;
(f) If such split will result in a tract without direct access to a street; and
(g) A substandard sized lot or parcel will be created.
(2) The Planning Commission may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right-of- way and easements, and submission of covenants for the protection of other landowners in the original subdivision.
(3) The Planning Commission shall, in writing, either approve with or without conditions or disapprove the lot split within 30 days of application. If approved, and after all conditions have been met, the Planning Commission Chairman shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy thereof shall be filed with the Register of Deeds, the official designated to issue building or occupancy permits and a copy shall be furnished to the applicant.
(2005 Code, § 11-1234)
(Ord. 906, passed 10-5-1982)