(a) Changing Boundary of Public Way. A proposed subdivision may be approved without a plat thereof if such subdivision is for the sole purpose of establishing or changing a boundary of a public way.
(b) Lot Boundary Changes. A proposed subdivision may be approved without a plat thereof if such subdivision consists of a change of a boundary between two adjoining lots on one or both of which are situated a building or buildings which do not comply with minimum set-back requirements under Chapter 1264 and if the purpose of the change is to effect, or more nearly effect, compliance with such requirements. However, a change of a boundary between two adjoining lots for the purpose of effecting, or more nearly effecting, compliance with set-back requirements shall not be approved unless Council finds that the owner of the lot when construction of the building was commenced did not have knowledge of the noncompliance or of facts that should have put him or her on inquiry in regard thereto.
(c) Adjoining Platted Lots. A proposed subdivision may be approved without a plat thereof if such subdivision consists of a subdivision of three adjoining platted lots into two adjoining unplatted lots.
(d) Conveyance for Completed Construction. A proposed subdivision may be approved without a plat thereof if such subdivision is for the purpose of making lawful the conveyance of a part of a lot, block or tract of land, which would otherwise be or was accomplished in violation of prior Zoning Codes and Subdivision Regulations, either in the original form or as amended, where a building has been constructed on the same in accordance with a building permit issued by the City Manager and where Council finds that the owner of the lot, at the time of application for the building permit, fully disclosed all pertinent facts.
(e) Conveyance Due to Construction Problems. A proposed subdivision may be approved without a plat thereof if such subdivision is for the purpose of making lawful the conveyance of a part of a lot, block or tract of land, which would otherwise be or was accomplished in violation of prior Zoning Codes and Subdivision Regulations, either in the original form of such section or as amended, where the acquisition or conveyance of such part of a lot, block or tract of land was made necessary by problems arising in the construction of a building on adjoining property and where Council finds that the problems arising in the construction of the building could not reasonably have been anticipated before commencement of construction.
(f) Prior Existing Tracts. A proposed subdivision may be approved without a plat thereof if such subdivision is of a lot into two or more tracts on each of which there has existed since March 14, 1977, one or more residence buildings. However, approval of such subdivision shall not entitle the owners or occupants of such tracts to occupy or use the tracts if the occupancy or use would be in violation of the Zoning Code, unless such persons first obtain from the Planning Commission a special permit as provided in Section 1264.18.
(Ord. 1049. Passed 2-26-85.)