§ 156.007 EXCEPTIONS.
   (A)   (1)   The sale or exchange of small parcels of land to or between adjoining property owners may be approved by the City Surveyor and Engineer where such sale or exchange does not create additional lots or create any lot which is not in full conformance with the Zoning Code, and where the resulting combined parcel of land would be of such shape or configuration to conform with the requirements of Chapter 159, the City Zoning Code.
      (2)   In addition, no lot may be created in which portions of the lot are separated by any right-of-way, access easement or any other easement which would have the effect of creating two separate parcels of land.
      (3)   If a sale or exchange is approved by the City Surveyor and Engineer consistent with the provisions herein, it shall otherwise be exempt from the subdivision requirements of this chapter.
   (B)   (1)   The division of land into two parcels for sale or donation of one such parcel to a not-for-profit corporation whose sole purpose and objective is to acquire and maintain lands in a natural state as a nature preserve is exempt from the requirements of this chapter; provided that such division does not reduce the area of any parcel to less than the minimum lot area required in the applicable zoning district.
      (2)   Such corporation shall deliver to the city a recordable instrument on a form prescribed by the City Attorney, signed and acknowledged by such corporation wherein such corporation agrees that in the event it determines to convey the land in question for a use other than that of a nature preserve, it shall first cause such property to be platted as a subdivision in compliance with the requirements of this chapter.
   (C)   The division of land into two parcels for sale or donation of one such parcel to the city for the purpose and objective of preserving and maintaining the agricultural use of land within the city or for the purpose and objective of acquiring additional park land.
   (D)   With regard to any subdivision of five or more lots, no more than 20% of the lots may be reduced up to 10% from the minimum lot area requirements set forth in the applicable section of the Zoning Code, provided that the average lot area of all the lots in the subdivision shall equal or exceed the minimum lot area prescribed in the applicable section of the Zoning Code.
(Prior Code, § 38-7) (Ord. 998, passed 12-18-1976; Ord. 1136, passed 10-17-1979; Ord. 1252, passed 10-5-1981; Ord. 2010-48, passed 11-1-2010)