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(A) After the effective date of this section, no conveyance of land to which this chapter is applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after 4-21-1961, or to any unapproved plat.
(B) This section does not apply to a conveyance of land if the land:
(1) Was a separate parcel of record on the date of adoption of this section;
(2) Was the subject of a written agreement to convey entered into prior to the date of adoption of this section;
(3) Is a single parcel of commercial or industrial zoned land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or
(4) Is a single parcel of residential or agricultural zoned land of not less than 20 acres and having a width of not less that 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
(C) (1) In any case in which compliance with this section will create an unnecessary hardship and failure to comply would not interfere with the purpose of this chapter in that the proposed lot or parcel described in the conveyance is located in an area that is well established and developed, and no future planning issues need be addressed or could be effectively dealt with given the nature of existing land configuration and public improvements, the Council may, upon written application of the owner thereof or his or her agent, waive the compliance by adoption of a resolution to that effect, and the conveyance with the accompanying resolution may then be filed or recorded in the County Recorder’s office.
(2) The waiver may be subject to any reasonable requirements the Council deems necessary to protect the public interest.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991) Penalty, see § 10.99
No grant of a public street to the city by deed or otherwise shall be filed without the specific approval of the Council by resolution or otherwise and the approval accompanying or endorsed on the deed or conveyance.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991)
No building or zoning permits shall be issued by the city or other governmental authority for the construction of any building, structure or improvement to the land, or to any lot in a subdivision, as defined herein, until all requirements of this chapter have been fully complied with.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991)
(A) All subdividers are hereby on notice that the Council will employ qualified persons to check and verify surveys and plats hereafter filed for approval, and to determine the suitability of the plat from the standpoint of community planning. The persons shall make full reports of their findings to the Planning Commission and Council.
(B) The Council may from time to time establish fees and charges for the filing and reviewing of preliminary plats. In addition, the subdivider shall reimburse the city for the cost of legal, profession and technical services which are reasonably used by the city to examine the plat.
(Prior Code, § 12.01) (Ord. 102, Third Series, effective 2-21-1991)
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river.
COMPREHENSIVE PLAN. The group of maps, charts and texts that make up the comprehensive, long-range plan of the city.
DESIGN STANDARDS. The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or drainage ways and gas lines.
FINAL PLAT. A drawing or map of a subdivision, meeting all the requirements of the city and in such form as required by the county for the purposes of recording.
PARKS AND PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.
PERCENTAGES OF GRADE. On street centerline, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.
PRELIMINARY PLAT. A tentative drawing or map of a proposed subdivision meeting requirements herein enumerated.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
ROAD WIDTH. The shortest distance between lines of lots delineating the road right-of-way.
STREET. A public right-of-way affording primary access of pedestrians and vehicles abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, place or however otherwise designated.
STREET, COLLECTOR. A street used primarily to carry traffic between the thoroughfare systems and minor residential streets or non-residential or non-residential streets and designated as a major or minor collector in the Comprehensive Plan of the city or by other action of the Council.
STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
STREET, MINOR. A street used primarily for access to abutting property and designated as a local street in the Comprehensive Plan of the city or by other action of the Council.
STREET, THOROUGHFARE. One used for heavy traffic and designated as a major or minor arterial street in the Comprehensive Plan of the city or by other action of the Council.
SUBDIVIDER. Any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
SUBDIVISION. The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots or long-term leasehold interests of more than 20 years (including options to renew or other provisions giving similar lessee rights) where the creation of the leasehold interest necessitates the creation of streets, roads, alleys or other easements or rights for access or essential
utilities to the leasehold, for residential, commercial, industrial or other use or combination thereof, except those separations:
(1) Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential and agricultural uses, and five acres or larger in size for commercial and industrial uses;
(2) Creating cemetery lots;
(3) Resulting from court orders, or the adjustment of an improperly located lot line by the relocation thereof; and
(4) Resulting from the leasing of residential apartments or commercial space when the same is part of an existing structure or building.
TANGENT. A straight line that is perpendicular to the radius of a curve where a tangent meets a curve.
VERTICAL CURVE. The surface curvature on a road or highway centerline located between lines of different percentage of grade.
(Prior Code, § 12.02) (Ord. 102, Third Series, effective 2-21-1991; Ord. 103, Third Series, effective 3-7-1991; Ord. 149, New Series, effective 1-17-1995)
(A) The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Commission finds:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated.
(Prior Code, § 12.20) (Ord. 149, New Series, effective 1-17-1975; Ord. 180, New Series, effective 1-19-1979)
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