(A) Unless approved as a final plat as provided herein or as provided for in division (A)(1) below, no subdivision shall be entitled to record in the County Recorder’s office or have any validity; and the Building Inspector shall not issue building permits for any structure on a lot in any proposed subdivision. The Council shall not permit any public improvements to be installed unless the preliminary plat is approved, and shall not permit any services until approval of the final plat. Deeds of lots shall not be recorded until the plat is recorded.
(1) The division of an existing platted lot that creates only buildable lots meeting the minimum area requirements of Ord. 827 may be permitted without replatting subject to the following:
(a) Three copies of a certificate of survey, showing and including all parcels created by the division of the existing platted parcel, are submitted to the Planning Commission for public hearing as provided in Ord. 827, along with a fee in the amount of $100;
(b) The Planning Commission shall hold public hearing on the application and forward its recommendation to the City Council for official action;
(c) The maximum number of parcels to be created from one platted lot does not exceed two; and the maximum number of parcels to be created from two platted lots does not exceed three (division of more than two platted lots without replatting will not be allowed);
(d) The dedication of utility easements or street easements is not involved;
(e) All parcels created by this process meets all applicable lot standards of the subdivision regulations and Ord. 827; and
(f) Outstanding special assessments are paid in full.
(2) The division of a platted or an unplatted parcel where a parcel is created that is less than a buildable lot as required by Ord. 827 may be allowed without platting subject to the following.
(a) The undersized parcel is to be conveyed to the owner of an abutting lot to satisfy minimum space, setback and lot use requirements for the parcel owned by grantee.
(b) Three copies of a certificate of survey are submitted to the City Planner for review along with an application fee of $25.
(c) The dedication of utility or street easements is not involved.
(d) The remainder parcel meets all Zoning Ordinance requirements for setbacks and lot use.
(e) Outstanding special assessments are paid in full.
(B) Any owner or agent of the owner of land who conveys a lot or parcel in violation of this chapter, subject to modification under §§ 155.105 through 155.107 of this chapter shall forfeit and pay to the city a penalty of not less than $100 for each lot or parcel so conveyed. The city may enjoin such conveyance by action for injunction or may recover such penalty by a civil action in any court of competent jurisdiction. The city shall not issue any building permits to property conveyed in violation of this chapter.
(C) In the case of a subdivision of small size and minor importance, situated in a locality where conditions are well defined the procedure for preliminary plat and final plat may be combined.
(D) No conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after 4-21-1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described:
(1) Was a separate parcel of record 4-1-1945 or the date of adoption of subdivision regulations under Minnesota Laws 1945, Ch. 287, whichever is the later, or of the adoption of subdivision regulations pursuant to the home rule charter;
(2) Was the subject of a written agreement to convey entered into prior to such time;
(3) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on 1-1-1966;
(4) Was a separate parcel of not less than five acres in area and 300 feet in width on 7-1-1980;
(5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or
(6) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.
(E) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.
(1992 Code, § 315:06) (Ord. 1069, passed 3-2-1993)