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(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.
(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.
For the purpose of this chapter, the following definitions shall 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
APPLICANT. The owner, the owner’s agent, or any other person having legal control, ownership, and/or interest in the land proposed to be subdivided.
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 or lake.
BOULEVARD. The portion of a street right-of-way between the limit of the public right-of-way and the curbline, which may include pathways.
CERTIFICATE OF SURVEY. A document prepared by a registered land surveyor which precisely describes the area, dimensions, and location of a parcel or parcels of land.
CITY. The City of Monticello.
CITY COUNCIL. The governing body of the City of Monticello.
CITY ENGINEER. The engineer employed or retained by the city, unless otherwise stated.
COMPREHENSIVE PLAN. Refers to the group of maps, charts, and texts that make up the comprehensive long-range plan of the city.
COUNTY. Wright County, Minnesota.
CROSSWALK. A right-of-way owned by the city or other governmental entity which provides access for pedestrians across a street to adjacent streets or properties.
DESIGN STANDARDS. The specifications to landowners 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.
DEVELOPMENT AGREEMENT. A written agreement between city and applicant in conjunction with the approval by the city of a subdivision.
EASEMENT. A grant by a property owner for the use of land for the purpose of constructing and maintaining drives, and utilities, including, but not limited to, sanitary sewers, water mains, electric lines, communication lines, storm sewer, or storm drainage ways and gas lines, wetlands, conservation easements, and pathways, including sidewalks and trails.
FINAL PLAT. A drawing or map of a subdivision meeting all of the requirements of the city and in such form as required by the county for the purposes of recording.
IMPROVEMENT. Any drainage or stormwater facility, roadway, parkway, sidewalk, trail, pathway or crossing, landscaping, lighting, off-street parking area, grading, utility, lot improvement, or other similar facility.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other sewage treatment device.
INSPECTOR. An authorized representative of the City Council assigned to make any or all necessary inspection of the work performed and materials furnished by a developer.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
LOT OF RECORD. Any lot which is a part of a subdivision the plat of which has been recorded in the County Recorder’s office, or a lot described by metes and bounds the deed to which has been recorded in the County Recorder’s office, at the time this chapter becomes effective.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of the section, lot, or real property by described lines or portions thereof.
OUTLOT. A lot remnant or parcel of land after platting which is intended as open space or other use and for which no building permit shall be issued.
OWNER. Includes the plural as well as the singular and where appropriate shall include a natural person, partnership, firm, association, syndicate, co-partnership, public or quasi-public corporation, private corporation, trust, or a combination of them having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARCEL. An individual lot or tract of land.
PARKS AND PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes.
PATHWAY. A public or private facility or area providing access for a variety of non-motorized uses, including, but not limited to, pedestrians and bicycles, which may be a paved or unpaved trail or sidewalk facility and its related appurtenant facilities.
PERCENTAGE 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.
PLANNING COMMISSION. The Planning Commission of the city.
PRELIMINARY PLAT. A detailed drawing or map of a proposed subdivision meeting requirements herein enumerated.
PRIVATE IMPROVEMENT. Any improvement for which the city does not assume ownership or the responsibility for maintenance operation, but which instead is owned, maintained, and operated by a private property owner or group of private property owners.
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.
PUBLIC IMPROVEMENT. Any improvement for which the city may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use and intended to be occupied or which is occupied by a street, pathway, railroad, utility lines, pipelines, water lines, sanitary sewer lines, storm sewer lines, or other similar uses.
SETBACK. The minimum horizontal distance between a building and a street, lot line, ordinary highwater mark, or bluff line. Distances are measured from the most outwardly extended portion of the structure at ground level.
SIDEWALK. A paved public or private pedestrian way located between the curbline and the adjacent property line, intended for the use of pedestrians.
STREET. The public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane, place, or boulevard, or otherwise designated.
(1) ARTERIAL STREET. A street carrying larger volumes of traffic and serving as a link between various sub-areas of the community. These streets are intended to provide a collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical.
(2) COLLECTOR STREET. A street which carries traffic from local streets to the major system of arterial streets and highways. COLLECTOR STREETS primarily provide principal access to residential neighborhoods, including a lesser degree, direct land access.
(3) CUL-DE-SAC STREET. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(4) LOCAL STREET. A street which is used primarily for access to abutting properties and for local traffic movement.
SUBDIVIDER. Any individual, firm, association, syndicate, co-partnership, 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. A described tract of land which is to be or has been divided into two or more lots or parcels, the purpose of transfer of ownership or building development of, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided.
TRAIL. A public or private right-of-way providing access for a variety of non-motorized uses including pedestrians and bicycles which may be a paved or unpaved trail and its related appurtenant facilities.
VARIANCE. A modification or variation of the provisions of this chapter as applicable to a specific piece of property. Modification of the allowable use within a district shall not qualify as a VARIANCE.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams, ditches, or creeks and may flow year-round or intermittently.
ZONING ADMINISTRATOR. The individual(s) assigned by the City Administrator or City Council charged with the responsibility of administering and enforcing this chapter.
ZONING ORDINANCE. The zoning ordinance or resolution controlling the use of land as adopted by the city.
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