(A) Qualification. The following circumstances may be considered an administrative subdivision:
(1) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional lots are created and both resulting lots conform to minimum requirements of the zoning ordinance;
(2) In the case of a request to combine two or more existing lots; or
(3) In the case of a request to divide a base lot upon which a two-family dwelling, townhouse, or a quadraminium which is a part of a recorded plat, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this chapter or the city zoning ordinance.
(B) Application. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part of such subdivision, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or his or her authorized agent shall file an application and secure approval of an administrative subdivision. The administrative subdivision application shall be considered to be officially filed when the Zoning Administrator or designee has received the application and has determined that the application is complete.
(C) Submittal requirement. Unless otherwise waived by the Zoning Administrator, the submittal requirements are the same as for a minor subdivision as found in § 152.021.
(D) Procedure.
(1) A development application form with required fees shall be submitted to the city.
(2) The Zoning Administrator shall request input by the city's planning, engineering, and legal staff, as appropriate, and shall forward copies of the application to agencies and utility companies responsible for review of the application.
(3) The Zoning Administrator shall have authority to request supportive information pertinent to the administrative subdivision. Failure to provide the necessary supportive information may be grounds for denial of the request.
(4) Decision. The Zoning Administrator shall reach a decision on the requested administrative subdivision within 60 days of complete application, unless the applicant agrees to an extension of the review period.
(a) Approval. The Zoning Administrator may approve the administrative subdivision with conditions that shall be met to ensure the administrative subdivision is compliant with the regulations of the subdivision and zoning ordinances, as may be amended, and other applicable requirements including consistency with the comprehensive plan.
(b) Denial. The Zoning Administrator shall prepare findings and deny a subdivision if the administrative subdivision is found to be premature as defined in this chapter or fails to comply with regulations of this chapter and the zoning ordinance, as may be amended, or other applicable requirements including consistency with the comprehensive plan.
(c) Decision appeal. The applicant may appeal an administrative subdivision denial following the appeal procedure outlined in § 153.021.
(d) Dedication of easements. Prior to certification by the city of the approval of the administrative subdivision, the applicant shall supply the deed(s) granting to the city any easements as required by the Zoning Administrator.
(e) Rezoning. If an administrative subdivision would cause one of the parcels to have two different zoning classifications, the applicant must rezone the property to achieve a consistent zoning classification for the newly created parcel in a manner consistent with the comprehensive plan and zoning ordinance. The zoning shall be successfully resolved or the administrative subdivision shall be denied.
(f) Vacation of easements. Any easements that become unnecessary as a result of the combination of lots must be vacated.
(E) Recording. If the administrative subdivision is approved by the Zoning Administrator, the applicant shall record the deed, and the accompanying survey, in the Office of the County Recorder within 60 days after the date of approval, otherwise the approval of the administrative subdivision shall be considered void.
(Ord. 582, passed 8-26-2019) Penalty, see § 152.999