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No structure or part thereof shall be erected on a parcel unless in compliance with the following provisions:
(A) Provisions of this chapter imposed on minimum parcel area shall not apply to a parcel of record or a parcel divided and conveyed by valid deed or written contract of sale executed before the effective date of this title.
(B) No parcel shall be reduced in area so as to be smaller than required by this title, nor shall it be divided to create parcels smaller than required by this title. If already less in dimension or area, it shall not be further reduced or divided unless otherwise authorized by this title.
(C) The parcel shall have the minimum area required by the zone regulations for the particular zone. In addition to compliance with the minimum parcel area, any parcel on which dwelling units or rental units are proposed, shall also comply with the minimum parcel area for each such unit required by the zone regulations. An increase in the number of such units existing on a parcel shall not be allowed unless the density criteria are met, exclusive of land used or designed for other than residential uses on the same parcel.
(D) The parcel shall further have the following minimum area requirements:
1. No Service By Public Sewer System: When the parcel is not served by a public sewer system, minimum area: Twenty thousand (20,000) square feet.
2. No Service By Community Water System: When the parcel is not served by a community water system, minimum area: Twenty thousand (20,000) square feet.
3. No Service By Any System: When the parcel is not served by a public sewer system and is not served by a community water system, minimum area: One acre. (Ord. 1474, 1-8-1991)
4. Sloping Parcels: This provision increases the minimum parcel area for parcels having a cross slope exceeding ten percent (10%). For the purposes of this section, cross slope shall be calculated by dividing the vertical distance by the horizontal distance on sections drawn perpendicular to the contours for the full dimension of the lot at fifty foot (50') intervals with a minimum of two (2) such sections per lot. The cross slope is the average of the sections taken. Cross slopes ending in one-half percent (1/2%) or more shall be rounded to the next highest whole number. Each lot or remainder created shall individually meet the minimum lot size standard based upon that lot's particular slope. The provisions of this section shall apply only to R-1 (Single-Family) property divisions.
The provisions of this section shall only apply to applications to subdivide property submitted after the effective date hereof.
(a) Cross Slopes Over Forty Percent: It is the intention of this chapter to prohibit development on cross slopes over forty percent (40%) unless a design waiver is approved. That portion of a parcel on which the cross slope exceeds forty percent (40%):
(1) Shall be excluded in determining minimum parcel area, and
(2) Shall be excluded when determining the slopes between the highest and lowest point used to determine the slope of the parcel.
(3) A map restriction shall be recorded against the parcel prohibiting development on the excluded area.
(4) If a design waiver is approved for construction on cross slopes greater than forty percent (40%), the provisions of subsection (D)4(a)(1), (D)4(a)(2) and (D)4(a)(3) of this section will not be applied when determining cross slopes and minimum parcel area. (Ord. 1502, 9-14-1993)
(b) Minimum Parcel Area: The minimum parcel area for sloping parcels with slopes in excess of ten percent (10%) is determined by the following formulas:
Minimum Parcel Area
0% - 10%
6,000 sq. ft. or that allowed by the zone the parcel is within
10.1% - 30%
((S-10%) x 1,200 sq. ft.) + 6,000 sq. ft. = minimum parcel size
30.1% - 35%
((S-30%) x 2,000 sq. ft.) + 30,000 sq. ft. = minimum parcel size
35.1% - plus
((S-35%) x 10,000 sq. ft.) + 35,000 sq. ft. = minimum parcel size
S = Slope of parcel
(Ord. 1654, 6-25-2013)
(c) Design Waiver: Design waivers associated with a division of a property may be allowed if the applicant applies for such a waiver and provides adequate justification to the approving body for the waiver. The burden of proof in the granting of the design waiver is upon the applicant. The applicant shall provide supporting information to the planning commission and city engineer including, but not limited to, engineered grading and improvement plans, erosion control plans, tree removal and reforestation plans, road and driveway profiles, drainage plans and any additional information that the planning commission or city engineer may require as it is associated with the waiver. The planning commission shall make findings that the design waiver will not involve excessive grading or land alteration and impacts to the site will be minimized. The applicant shall make a separate application for such a waiver. This request shall be reviewed by the city engineer and a report from the engineer shall be made to the planning commission and/or the city council. The planning commission and/or the city council shall review the request and the report from the city engineer and make a final ruling on the request. Design waivers shall not be allowed for minimum parcel size or density.
A design waiver for construction on slopes greater than forty percent (40%) shall be required for any roadway or structure requiring a building permit. The applicant shall submit information with the application to subdivide a parcel that makes it clear to the approving body that the development of a slope greater than forty percent (40%) will not detract from the project or the city as a whole. (Ord. 1502, 9-14-1993)