(a) Purpose. The purpose of the minor subdivision process is to allow for small subdivisions of land, consolidation of lots, or transfer of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way, or a need for any public improvements.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five lots, including the remainder of the original lot;
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights-of-way;
E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
F. No landlocking of lots shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and for the dedication of additional land for the widening of existing streets, where no new lots are created.
(3) Any subdivision of land within a previously platted subdivision which results in six or more additional lots shall adhere to the procedures for an amendment to a major subdivision, as applicable, and as set forth in § 1226.07.
(c) Sale of land in subdivisions; start of construction.
(1) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations. Any sale or transfer contrary to the provisions of this section is void. The description of such lot by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(2) The Development Code Administrator shall not issue certificates of zoning compliance for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.
(d) Minor subdivision review procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with § 1226.02.
B. The application shall include a deed or other instrument of conveyance in compliance containing an accurate and current legal description based on a boundary survey, of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and deeds or other instruments of conveyance shall be submitted for both lots.
(2) Step 2 - Review and comment by applicable agencies.
A. Upon determination that the application for a minor subdivision is complete, the Development Code Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the Development Code Administrator for consideration prior to the Development Code Administrator's decision (Step 3).
(3) Step 3 - Review and decision by the Development Code Administrator.
A. Within 14 days of the determination that the application (Step 1) is complete, the Development Code Administrator shall review the application and approve or deny the application for a minor subdivision based on the review criteria established in this section.
B. In reviewing the minor subdivision, the Development Code Administrator, on recommendation of the City Engineer or other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements, may require the addition of easements and/or setbacks as part of a transfer of land area between two lots.
C. If the Development Code Administrator denies an application for a minor subdivision, the Development Code Administrator shall provide the applicant with written finding for the denial.
D. If the application is approved, the Development Code Administrator shall be required to sign the minor subdivision/plat.
E. Authority to forward to the Planning Commission.
1. The Development Code Administrator shall have the authority to forward the minor subdivision application to the Planning Commission for review and final action if the Development Code Administrator determines that the subdivision's complexity, projected impacts, or proximity to conflicting land uses merit such action.
2. At their next regularly scheduled meeting, the Planning Commission shall review the minor subdivision and make a final decision to either approve, approve with conditions, or deny the application based on the review criteria for minor subdivisions.
(e) Review criteria. In order to approve a minor subdivision, the Development Code Administrator shall determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code;
(2) That the minor subdivision complies with all other applicable regulations and plans of the City; and
(3) That the applicable review agencies have no objections that cannot be resolved by the applicant.
(f) Recording.
(1) The Development Code Administrator shall sign and date the minor subdivision/plat.
(2) The subdivider shall then be responsible for submitting the signed conveyance with the applicable county's auditor office for the transfer of property and to applicable county's recorder office for the recording of the lots as legal lots of record and providing a copy of said minor subdivision/plat to the Development Code Administrator after recording.
(g) Administrative waivers and variances. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards mandated by this code in § 1204.10, the applicant will be required to apply for and received all the necessary variance or administrative waiver approvals, as established in this chapter, prior to approval of the minor subdivision.
(h) Time limit. The minor subdivision approval shall expire one year after the Development Code Administrator signs and dates the minor subdivision unless the minor subdivision is recorded in the office with the applicable county's recorder office during said period.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Development Code Administrator shall have the right to appeal the decision to the BZA as established in § 1226.13.
(Ord. O2018-02, passed 2-20-2018)