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SUBDIVISION PROCESS EXEMPTIONS
(a) Purpose. The purpose of this section is to provide for the timely review of minor plats, transfer of ownership plat, and replats that do not discernibly impact surrounding properties, environmental resources or public facilities. No concept plan, preliminary plan or development engineering plans are required. Minor plats, transfer of ownership plats, and replats are administratively approved by the city engineer and city director of planning and development services and must comply with all requirements of a plat in § 157.067. Any request for new or additional public infrastructure or facility services after the land has platted may be required to comply with §§ 157.065 through 157.068 at the request of the city engineer.
(b) Minor plats requirements.
(1) Not more than three lots. A minor plat is a plat containing not more than three lots fronting on an existing street and meet all of the following requirements:
A. Does not require the dedication of right-of-way or construction of new streets, except that arterial roadways identified on the major street plan will be required to dedicate the necessary right-of-way;
B. Does not create any public improvements other than sidewalks;
C. Does not landlock or otherwise impair convenient ingress or egress to or from the rear side of the subject tract or any adjacent property;
D. Does not change the grades from the grading plan which was submitted and approved with the original plat or, if the grades are going to be changed, then a grading plan shall be submitted and approved for the minor plat or replat;
E. Does not significantly change any plans that have been prepared for the placement of any other utilities in the subdivision;
F. Does not adversely affect the remainder of the parcel or adjoining property; and
G. Does not conflict with any provision or portion of the growth management plan, official map, zoning ordinance, or these subdivision regulations.
H. Platting fees may be paid on a replat when required by any applicable city platting fee ordinance.
(2) Transfer of Ownership Plat. A transfer of ownership plat is only for the purpose to subdivide one larger piece of land to transfer from one owner to another. The transfer is not at a point in which it is ready for building permit and the entire development process (zoning, preliminary plan, development engineering plans) is still required before a building permit will be allowed. The transfer of ownership plat shall meet all the requirements of a minor plat and the following:
A. Does not require the creation of public easements.
B. The property being platted must be at least 20 acres in size unless the city engineer determines that a somewhat small plat meets the intent of a transfer of ownership.
C. An updated plat is required before any building permits are allowed.
D. Platting fees are deferred until an updated plat is approved.
(3) Replat. A replat includes all the requirements of a minor plat and shall also include the minor vacation of existing platted lines to achieve either a reconfiguration of the existing recorded plat or change the number of recorded lots in the subdivision only where the perimeter of the tract being replatted is not altered by the replat. Platting fees may need to be paid on a replat when required by any applicable city platting fee ordinance. Also, a replat shall certify that the platting vacates the existing plat.
(1992 Code, App. A, § 15A.06.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
The purpose of this section is to exempt the city platting rules and regulations from the following situations. However, the exemption of city platting rules and regulations does not exempt the platting requirements of the register of deeds, title company and state law.
(a) Cemetery gravesite plats.
(1) Cemetery gravesite plats or plots do not have to meet any requirements of this subdivision ordinance as long as land is surveyed, mapped or diagramed and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks and streets, thereby platting or making a map which shall be filed and maintained as a permanent cemetery record.
(2) However, all platting requirements of the county register of deeds and state law are still applicable.
(b) Government-owned parcels. In order to facilitate the transfer of ownership from one owner to a government entity for the use of a public land or facility (e.g., school, park, drainageway, H lots), city platting rules may be exempted by the city engineer and city director of planning and development services.
(c) Add-on agreement of existing lots or tracts.
(1) The purpose of an add-on agreement is to allow existing contiguous legal lots, tracts, and plats to be recognized as one parcel for building code and zoning regulations when the contiguous legal lots, tracts, parcels, and plats are owned by the same landowner.
(2) An add-on agreement must not place any existing or planned buildings in violation of zoning regulations or building codes.
(3) An add-on agreement will be recognized by the city planning and development services office after tax parcels stated therein have been combined by the county equalization office. The combined parcel known as the new lot of record shall include the recorded legal descriptions.
(1992 Code, App. A, § 15A.06.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
PRELIMINARY SUBDIVISION PLAN LOT, BLOCK, AND STREET LAYOUT CRITERIA
(a) The lengths, widths and shapes of blocks shall be determined with regard to:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) The need for convenient access, circulation, control and safety of traffic and utilities; and
(3) Limitations and opportunities of topography.
(b) Blocks shall normally be wide enough to allow two tiers of residential lots of an appropriate depth.
(c) Block lengths shall not exceed 1,320'. Block lengths on arterial streets may be longer, but in such situations that pedestrian and bicycle connections must be made as required by § 157.099.
(1992 Code, App. A, § 15A.07.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
(a) Lots should be in conformance with the zoning regulations of Chapter 160 of this Code.
(b) Corner lots for residential use shall have extra width to permit appropriate building setbacks from both sides.
(c) Each lot shall abut a dedicated right-of-way or shall include an approved private street.
Exception: When there is no building or structure on the lot, a mutual access easement may be provided instead of the requirements of § 157.097(c) only when the parcel is zoned CN Conservation.
(d) Depth and width of properties proposed for commercial and industrial users shall provide off-street parking per Chapter 160 - Shape Places Zoning Ordinance.
(e) All interior lot lines between two lots are a straight line or a series of straight lines. Curved interior lot lines shall be prohibited.
(f) In undeveloped or vacant areas, streets shall be identified and classified through the transportation planning process. The location of major streets shall conform to the official major street plan.
(g) Flag pole lots.
(1) Maximum lot size of flag pole lot. The pole lot shall be limited to not exceed, in length, twice the width of the lot or twice the length of the lot, whichever dimension is lesser.
(2) Minimum lot width of pole section of lot. The minimum lot width of the pole section of the flag pole lot shall be a minimum of 28' and include a mutual access easement or private drive that provide access to the flag section of the lot and provides frontage to an approved private drive or public street. No parking shall be allowed on the access easement or private drive.
(3) Limit of number of flag pole lots and length of lots. There shall be only one flag lot within each subdivision and only one pole per flag lot. The pole is limited to not exceed in length twice the width of the lot or twice the length of the lot, whichever dimension is lesser.
(4) Designation of property lines. The following requirements determine the location of the front, side, and rear property lines of a flag lot:
A. Front yard. The front yard shall be the yard that most nearly parallels the public or private street providing access to the lot, and which abuts the end of the pole, but does not include the pole.
B. Side and rear yards.
1. The side yard shall be any yard that is not a front or rear yard, exclusive of the pole portion of the lot.
2. The rear yard shall be the lot boundary opposite the front yard.
(1992 Code, App. A, § 15A.07.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
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