(A) Limiting definitions.
(1) A QUARTER-QUARTER SECTION is a parcel of land consisting of approximately 40 acres and constituting the northeast, northwest, southwest, or southeast quarter of a quarter section of land in the United States Government survey grid system of land survey. For the purposes of this section, a government lot shall be considered a quarter-quarter section provided that it contains at least 30 acres of land above the ordinary high water level (OHWL).
(2) An ELIGIBLE QUARTER-QUARTER SECTION shall be any quarter-quarter section which meets all of the following:
(a) It is complete and under common ownership;
(b) It has frontage on a public road; and
(c) It does not include any existing dwelling, commercial use or other non- agricultural development.
(3) An ELIGIBLE LOT OF RECORD shall be a lot of record existing prior to August 1,1978 which has frontage on an existing public right-of-way, existing easement or other private roadway and does not include any existing dwelling, commercial use or other non-agricultural use or structure other than accessory uses, such as garages, storage sheds, and the like and which is greater than ten acres in size but does not qualify as an eligible quarter-quarter section.
(4) An eligible lot of record or quarter-quarter section may be permitted one single- family dwelling on the parcel as a whole, or one division as regulated in § 155.120(C). This right shall be referenced as the parcel’s “entitlement.”
(B) Determining entitlements on large parcels.
(1) On adjoining, common ownership parcels, including all contiguous land under common ownership, extra entitlements shall be available to the entire parcel according to the following conditions:
(a) The lands involved comprise more than 60 acres; and
(b) If the parcel is the result of a division since August 1, 1978, then the number of entitlements shall be determined by basing the calculations in division (B)(2) of this section to all contiguous lands under common ownership as they existed on August 1, 1978. These entitlements shall be allocated to the new parcels by the Zoning Administrator based on acreage and the standards contained herein, and appeals shall be heard by the City Council provided that no extra entitlements may be created.
(2) Entitlements for such parcels shall be determined by the Zoning Administrator as follows:
(a) The total acreage of the parcel shall be calculated using the best information available. The Zoning Administrator or City Council may require the applicant to provide a survey of the property in case of a dispute over total acreage of the parcel.
(b) 40 acres shall be subtracted from this total for each existing house on the parcel, and for each entitlement division which has occurred since August 1, 1978.
(c) The result from divisions (B)(2)(a) and (B)(2)(b) of this section shall be divided by 40 acres, and that result rounded to the nearest whole number, which shall be the number of entitlements the entire parcel is allocated. The use of these entitlements shall be subject to all regulations in chapter, including public road frontage requirements.
(C) Entitlement divisions. If a landowner chooses to use an entitlement on an eligible lot of record or eligible quarter-quarter section as a division, the division and remainder of the eligible parcel shall be subject to the following requirements:
(1) The owners of the eligible parcel must sign and record a deed restriction to apply to the remainder of the parcel. The restriction shall limit any further residences, divisions or non- agricultural development of the remainder in accord with the terms of this section, unless it is rezoned.
(2) Landlocked parcels are prohibited. The remainder must have frontage on a public road. No lot or parcel may be created which does not have road frontage according to the requirements of this chapter.
(3) Lot size. Lots must be at least two acres and no more than five acres in size.
(4) Park dedication shall be provided according to § 154.091 of the subdivision regulations.
(5) There shall be no more than two entitlements clustered together without a separation of a public street or 1,000 foot setback from other clusters, except as allowed by a conditional use permit. This setback requirement does not apply to residential parcels existing prior to the enactment of Ordinance 116, passed October 27, 1998.
(Ord. 110, passed 11-15-97; Am. Ord. 115, passed 3-24-98; Am. Ord. 116, passed 10-27-98; Am. Ord. 121, passed 2-23-99; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1605, passed 8-9-16; Am. Ord. 2001, passed 7-14-20) Penalty, see § 155.999