§ 159.060  GENERAL PROVISIONS.
   (A)   Applicability.  The subdivision procedure described in this subchapter shall be required for the subdivision or resubdivision of any tract of land and/or the dedication of right-of-way within the planning jurisdiction of the city.
   (B)   General Procedure.  Before any land is subdivided the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following three-step procedure:
      (1)   A Minor Subdivision Plat shall be submitted to and reviewed by the Director of Planning and Development or his or her designee, reviewed and approved by the Technical Advisory Committee (TAC), prepared on Mylar and signed by the President and Secretary of the Plan Commission, and submitted to the Board of Public Works or the Hamilton County Commissioner’s for acceptance, depending on jurisdiction, and recorded in the Hamilton County Recorder’s Office.
      (2)   A primary plat shall be submitted to and reviewed by the Director of Planning and Development or his or her designee, reviewed by the Technical Advisory Committee, and reviewed and approved by the Plan Commission in a public hearing.
      (3)   A secondary subdivision plat or a replat of a subdivision shall be submitted to and approved by the Director of Planning and Development or his or her designee, reviewed and approved by the Technical Advisory Committee, signed by the President and Secretary of the Plan Commission, signed by either the Board of Public Works or the County Commissioners depending on jurisdiction and filed with the Hamilton County Recorder.
   (C)   General Restrictions.
      (1)   The following actions may occur once the secondary plat has been signed, regardless of whether the plat has been recorded:
         (a)   The granting of an Improvement Location Permit, or the construction of any public improvements authorized thereby provided appropriate performance bonds have been posted and all required pre-construction meeting(s) have been held with the public works agency of jurisdiction;
         (b)   Contracts made for the sale of any part of the subdivision;
         (c)   Improvements or building on any individual lot.
      (2)   No building permit shall be issued until the plat has been recorded.
      (3)   No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this subchapter.
   (D)   Resubdivisions (replats).
      (1)   For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved thereon for public use, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision, such change shall be approved by the Plan Commission by the same procedure, rules, and regulations as for a subdivision.
      (2)   Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided, the Plan Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. As a requirement of the plat, dedications of rights-of-way shall be provided for the future opening and extension of the streets.
   (E)   Waivers to Subdivision Standards.
      (1)   Waivers to subdivision standards found in this chapter shall not be granted by the Board of Zoning Appeals, but may be granted by the Plan Commission subject to the applicable requirements herein. It is not within the jurisdiction of the Board of Zoning Appeals to grant waivers to subdivision regulations.
      (2)   It is the intention of this chapter that all newly created lots conform to the provisions of this chapter for lot area and width. Variances to these or other zoning standards may be granted subject to the provisions of § 159.043(C) - Variances or may be obtained through flexible zoning districts such as the Zero Lot Line (ZLL) or Planned Development (PD) Overlay Districts. It is not within the jurisdiction of the Plan Commission to grant variances to zoning regulations.
      (3)   Where the Plan Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with the subdivision regulations of §§ 159.060 through 159.087, or if the purposes of these regulations may be better served by an alternative proposal, it may approve waivers to said regulations so that substantial justice may be done and the public interest secured, provided that such waivers shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Plan Commission shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that:
         (a)   The granting of the waiver will not be detrimental to the public safety, health, or welfare, or injurious to other property.
         (b)   The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other properties.
         (c)   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out. Financial hardship does not constitute grounds for a waiver.
         (d)   The waiver will not in any manner vary the provisions of the Comprehensive Master Plan or this Unified Development Ordinance.
         (e)   Where the waiver impacts on the design and construction of public facilities; all appropriate public agencies will be given ample time to comment in writing to the Commission.
      (4)   In approving waivers, the Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
      (5)   A petition for any such waiver shall be submitted in writing by the subdivider at the time when the sketch plat is filed for the consideration of the Director of Planning and Development. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
   (F)   Homeowners' Associations. Wherever a subdivision includes common areas, such as but not limited to detention ponds, open space, private streets and private parks; provisions shall be made in covenants accompanying the subdivision to create a Homeowners' Association to maintain such common areas in a neat and safe condition. This shall also apply to condominium developments.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-02-03, passed 3-11-03; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 32-07-19, passed 7-23-19)