(a) Purpose. The purposes of the minor subdivision process are to allow for small subdivisions of land, consolidation of lots, or transfers of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four new lots and the remainder of the original lot);
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights-of-way;
E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
F. No landlocking of parcels shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and the dedication of additional land for the widening of existing streets, where no new lots are created.
(c) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
B. The application shall include a deed or other instrument of conveyance in compliance containing an accurate and current legal description based on a boundary survey, of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and instruments of conveyance shall be submitted for both resulting lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the Director of Community Development may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the Director of Community Development for consideration prior to the Director of Community Development's decision (Step 3).
(3) Step 3 - Review and Decision by the Director of Community Development.
A. Within fourteen (14) days of the determination that the application (Step 1) is complete, or within an extended timeframe approved by the applicant, the Director of Community Development shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review criteria established below. An extension on the decision may be granted with approval from the applicant.
B. In reviewing the minor subdivision, the Director of Community Development, on recommendation of the City Engineer, may require the addition of easements and/or setbacks as part of a transfer of land area between two (2) lots.
C. If the application is approved with modifications, the applicant shall be required to revise all documents prior to final signing and recording.
D. If the Director of Community Development denies an application for a minor subdivision, the Director of Community Development shall provide the applicant with written finding for the denial.
(4) Step 4 - Recording.
A. If the application is approved, the Director of Community Development shall sign and date all required deeds in the minor subdivision, or other forms of conveyance allowed by the Hamilton or Butler County Auditor, as applicable.
B. The applicant shall then be responsible for submitting the signed conveyance to the Hamilton or Butler County Auditor, as applicable, for the transfer of property and to the Hamilton or Butler County Recorder, as applicable, for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Director of Community Development, after recording.
C. In the case of a transfer of land between two (2) adjacent lots, the recording of the revised lots shall take place simultaneously.
(d) Review Criteria. In order for a minor subdivision to be approved, the Director of Community Development must determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code including, but not limited to, the lot and principal building regulations of Section 1113.01;
(2) That the minor subdivision complies with all other applicable regulations of the City; and
(3) That all valid objections to the minor subdivision raised by the City departments have been or will be satisfactorily resolved by the applicant.
(e) Variances. If the proposed subdivision requires a deviation from the minimum lot or principal building regulations (e.g., lot area, lot width, etc.) or other standards mandated by this code in Section 1113.01, the applicant will be required to apply for and receive variance approvals (See Section 1129.11.) prior to approval of the minor subdivision.
(f) Time Limit. The minor subdivision approval shall expire six (6) months after the Director of Community Development signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Hamilton or Butler County Recorder, as applicable, during said period.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the BZA as established in Section 1129.13: Appeals.
(Ord. 2022-22. Passed 5-10-22.)