§ 152.004 CONDITIONS FOR RECORDING.

   No plat or any subdivision shall be entitled to record in the County Register of Deeds office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this chapter.

§ 152.005 EFFECT OF PROVISIONS ON OTHER PERMITS AND AGREEMENTS.

   (A)   Generally. No building permits will be considered for issuance by the city 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.

   (B)   Private agreements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements on an easement, covenant, or other private agreement, the requirements of this chapter shall govern.

§ 152.006 SEVERABILITY.

   (A)   If any court of competent jurisdiction invalidates any provision of this chapter, then such judgment shall not affect the validity and continued enforcement of any other provision of this chapter.

   (B)   If any court of competent jurisdiction invalidates the application of any provision of this chapter to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other building, structure, or situation not specifically included in that judgment.

   (C)   If any court of competent jurisdiction rules invalid any condition attached to an approval under this chapter, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

   (D)   No judgment of any court of competent jurisdiction shall be considered final until all appeals therefore have been exhausted.

§ 152.007 EXCEPTIONS.

   (A)   When requesting a subdivision, combination, or recombination, if any of the following conditions exist, the subdivider is required to present accurately drawn site and certified survey plan information for the proposed subdivision, combination, or recombination, have the subdivision, combination, or recombination reviewed by the Planning Commission, reviewed and approved by the City Council, and adhere to the park dedication requirements of §§ 152.080 through 152.085.

      (1)   A division which results in commercial or industrial parcels having an area of five acres or more with frontage on a public right-of-way measuring 300 feet or more and which does not result in the division of the parcel into two or more lots, any one of which is less than five acres in area or 300 feet in width and which does not necessitate the dedication of a public right-of- way. Such division shall not cause any structure on the lot to be in violation of the zoning ordinance or said new portions of lots to be in violation of city ordinance.

      (2)   Division of one previously platted parcel into no more than two buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right- of-way, easements, or other drainage concerns are evident to the Zoning Administrator.

      (3)   The adjustment of a lot line by the relocation of a common boundary and for which no public right-of-way, easements, or other drainage concerns are evident to the Zoning Administrator.

      (4)   Division of an existing lot of record where the division is to permit the adding of a parcel of land to an abutting lot or lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this chapter or the zoning ordinance, and for which no public right-of-way, easements, or other drainage concerns are evident to the Zoning Administrator.

      (5)   Combination of two or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district and for which no public right-of-way, easements, or other drainage concerns are evident to the Zoning Administrator.

   (B)   Any easements which become unnecessary as a result of the division or combination must be vacated. In addition, new easements must be established as determined by the City Engineer.

   (C)   In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of §§ 152.026 and 152.040 for preliminary plats.

§ 152.008 INTERPRETATION.

   (A)   In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other ordinance, code provision, or regulation, the provisions of this chapter shall be controlling.

   (B)   Where the provisions of any statute, other ordinance or code provision, or regulation impose greater restrictions than this chapter, the provisions of the statute, other ordinance or code provision, or regulation shall be controlling.

§ 152.009 RULES.

   For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word SHALL is mandatory and not discretionary.