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MINOR SUBDIVISIONS, RESUBDIVISIONS, VARIANCES, AND THE LIKE
Upon receiving a report from the Planning Commission the City Council may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in Chapter 156 of this code, provided that the Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations and the Comprehensive Plan. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques such as cluster development.
(Ord. 179, passed 2-16-78)
In the case of a subdivision resulting in three or fewer lots, situated in a neighborhood where conditions are well defined, the City Council may exempt the subdivider from complying with some of the requirements of these regulations. In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create not more than three new lots, and the newly created property lines will not cause any resulting lot to be in violation of these regulations or Chapter 156 of this code, the division may be approved by the City Council, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.
(Ord. 179, passed 2-16-78)
In the case of a request to divide a lot which is a part of a recorded plat, where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this regulation or Chapter 156 of this code, the division may be approved by the City Council after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.
(Ord. 179, passed 2-16-78)
In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvement is not specifically provided for in the provisions of these regulations, a description of land division shall be filed with the City Manager-Clerk. No building permit shall be issued for any construction, enlargement, alteration, repair, demolition, or moving of any building or structure on any lot or parcel resulting from the division, until that division has been approved by the City Council. Prior to the consideration of the division by the City Council, they shall require that a certified survey be submitted.
(Ord. 179, passed 2-16-78)
All registered land surveys shall be filed subject to the same procedure as required for the filing of a plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the City Council shall approve, a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street.
(Ord. 179, passed 2-16-78)
(A) Conveyances by metes and bounds shall be prohibited, except when authorized by variance, where the lot or lots involved are less than five acres in area or have a width of less than 300 feet at the building setback line.
(B) No building permit shall be issued for any structure on any parcel of land less than five acres in area and having a width of less than 300 feet on an improved public street, at the building setback line which is described by metes and bounds, until a certificate of survey by a registered land surveyor describing that parcel of land is filed with the County Recorder and proof thereof is furnished to the local City Council.
(C) When a conveyance by metes and bounds is made and the parcels involved are between 5 acres and 20 acres in size, a certificate of survey by a registered land surveyor of the parcels involved shall be submitted to the City Manager-Clerk before any building permits will be issued for those parcels, and a copy of the survey should be attached to the deed when it is submitted to the County Recorder for recording.
(D) In any case in which compliance with the foregoing restrictions will create any unnecessary hardship and failure to comply does not interfere with the purpose of this regulation, the City Council may waive compliance by adoption of a resolution to that effect, and the conveyance may then be filed or recorded.
(Ord. 179, passed 2-16-78)
(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SPLIT LOT. The division of a parcel of land after the effective date of this code into two lots.
(B) A variance may be granted by the City Council to a split lot from any or all of the regulations of this subchapter if the City Council in its discretion finds that:
(1) The split lot is situated in a neighborhood where conditions are well defined;
(2) The regulation or regulations from which the variance is requested create an unnecessary hardship;
(3) Granting of the variance will not interfere with the purpose of this subchapter;
(4) Granting of the variance will not be contrary or substantially detrimental to the public good, welfare, or interest; and
(5) A split lot variance has not been previously granted which involves any of the land for which the current variance is sought.
(Ord. 210, passed 10-16-80)
(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RE-SPLIT LOT. Two or more previously platted lots that have been combined into a single lot, the owners of which apply for and obtain City Council approval to revert to the lot configuration as originally platted.
(B) The City Council may approve a re-split lot without otherwise requiring application of the provisions of these subdivision regulations, upon the following conditions:
(1) The size of each re-split lot is equal to or greater than its original platted size;
(2) The applicant executes a development contract for the immediate construction of a principal residential building on one or more of the re-split lots;
(3) The re-split lot and the proposed development meet all the requirements of Chapter 156;
(4) Separate application for any variance request must be made and approved separately and independently of the City Council's decision on the re-split lot application.
(Ord. 378, passed 11-20-08)
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