(a) Application. A preliminary plan and plat complying with the requirements set forth in Section 1155.03 shall be prepared for each lot consolidation or resubdivision and submitted with an application for approval to the Director, except, at the discretion of the Director, the preliminary plan may be waived, prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to determine if it qualifies as a lot consolidation or resubdivision, its relation to adjacent lot consolidations or resubdivisions, and compliance with other City codes.
(b) Review by Engineer. The Director shall submit the preliminary plan and plat to the Engineer for review and if it is satisfactory, the Engineer shall so certify the approval thereon.
(c) Approval. The Commission shall review all required maps and the report of the Engineer for compliance with the applicable sections of this Chapter and the Code. The Chairman and Secretary of the Commission shall make an approval notation on the preliminary plan and the plat.
(1) If any proposed lot or parcel does not fully conform with the provisions of the
Code, the Commission shall refer the application to the Board with the request that the Board determine whether the applicant should be entitled to a variance from strict compliance with the provisions of the Code which the proposed lot consolidation or resubdivision violates. Upon review and the decision of the Board, the proposed lot consolidation or resubdivision shall be returned to the Commission for its final review and approval, disapproval or modification.
(2) The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(3) Upon approval by the Commission, the applicant has 180 days to provide a final plat to the Engineer. Failure to provide the aforementioned plat will cause the decision of the Commission to be null and void. The Commission for good cause may extend the aforesaid 180-day period.
(d) Recording. The approved plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City with thirty (30) days after final approval.
(e) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 24-98. Passed 5-18-1998.)
(f) Notice Procedures. Where a lot consolidation or resubdivision is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (f)(1)A. herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed lot consolidation or resubdivision.
(2) Where a lot described in paragraph (f)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)