A. Whenever there is a tract or previously subdivided parcel of land under single ownership which is to be re-subdivided into three (3) or fewer lots, the proposed subdivision may be excepted from the procedural requirements of these regulations; i.e., preliminary and final plats are not required; however, this shall not constitute an exception from the design and improvement requirements contained in this section. These exceptions, or lot splits, shall be permitted under the following provisions:
1. An accurate survey of the proposed tract and the re-subdivision thereof prepared by a land surveyor registered in the State shall be submitted to the Planning Commission.
2. The Planning Commission shall review the proposed lot split to ensure compliance with all design and improvement requirements of these regulations.
3. Upon approval, the Planning Commission Chairman shall certify the plat by signing the document.
4. Upon denial, the Planning Commission Chairman shall submit the reasons for denial, in writing, to the applicant.
5. Whenever a deviation is required from improvement standards or a street or other element is to be dedicated, the City Council shall have final approval and acceptance rights. For all other lot splits, the action of the Planning Commission shall be final.
6. A tract of land which has been subject to more than seven (7) lot splits over any period of time shall not be allowed further use of the lot split exception. The tract shall be subject to the procedures contained in this section for the platting of land.
B. For the purpose of adjusting the size of building sites, lot line adjustments to lines of platted lots shall be excepted from the procedural requirements of these regulations; however, it is not intended that extensive replatting be accomplished under this exception. The lot line adjustments shall be subject to the following provisions:
1. No additional lot shall be created by any lot line adjustment;
2. No lot line adjustment shall be allowed unless all required improvements are either completed and accepted by the City or their construction is secured under the applicable provisions of these regulations;
3. All proposed parcels or building sites involved in a lot line adjustment shall abut on either an existing alley or adequate utility easement and on a publicly dedicated street;
4. Unusable parcels shall not be created as a result of any lot line adjustment; and
5. Lot line adjustment requests shall be reviewed and approved or denied by the Planning Commission.
(Code 1991, § 12-407)