(A) Adequate provisions. Lots shall be designed in a manner to provide adequate width, depth and shape to provide open area, to eliminate overcrowding, and to be appropriate for the type of development and use contemplated, and in accordance with the zoning ordinance.
(B) Minimum area and dimensions. Every lot shall meet the minimum area and dimension standards as set forth in the zoning ordinance for the district in which the lot is located. The Planning Board shall have the authority to recommend and the City Commission shall have the authority to approve a subdivision plat where lots have area, dimensions or setbacks greater than the minimum standards set forth in Ch. 160 of this chapter.
(C) Extra depth and width in certain cases. Where a lot in a residential area backs up to a railroad right-of-way, a drainage easement, high voltage electric transmission line, high-pressure gasoline, oil or gas line, an arterial street, an industrial area or other land use which has a depreciating effect on the residential use of the property, and where no marginal access street other street, or substantial buffer is provided at the rear of the lot, additional depth shall be required in the amount determined by the Planning Board. Where a lot sides to any of the uses mentioned in this subsection, additional width shall be required by the Planning Board.
(D) Street frontage.
(1) Every lot shall have frontage on, and access to, a public street. However, where existing conditions make it impractical for one or more lots to have frontage on a public street or where in-fill development can be accommodated, the City Commission may authorize a flag lot configuration.
(2) The minimum width of the flag lot shall be 60 feet. The main structure of the flag lot shall be served by a paved drive of sufficient width and appropriate design so as not to deter access by emergency vehicles or any other public services.
(3) The main structure served by a flag lot shall contain a sprinkler system or other fire suppression system as approved by the Fire Marshal or designee.
(E) Non-conforming single family lots. Where a lot, served by sanitary sewer service has less area than provided for in this chapter or required by the zoning ordinance and was in separate ownership at the time of the passage of the original zoning ordinance, dated 1-26-1946, this section shall not prohibit the erection of a single-family dwelling.
(F) Lots without access to sanitary sewer service.
(1) Where off-lot sanitary sewer service is not required, and is not provided, residential lots shall have an area of at least two acres, and shall be at least 200 feet wide. The minimum width shall be measured at the front building line.
(2) All on-site sanitary sewer facilities shall be approved by the County Health District.
(3) The following is the sole variance procedure specific to lots without access to sanitary sewer service.
(a) The City Commission may authorize a variance from the two-acre or 200-foot width requirements for on-site sanitary sewer facilities when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary or desirable to protect the public interest.
(b) In making the findings required in this section, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside at the proposed location, and the probable effect of the variance upon the public health, safety, convenience and welfare in the vicinity.
(c) The Planning Board shall first review the request for a variance and make a written recommendation to the City Commission.
(d) No variance shall be granted unless the Commission finds:
1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
3. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
4. The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter.
(e) In consideration of a variance, the Commission shall also be provided the following evidence and information:
1. The County Health District has approved the on-site sanitary sewer facilities;
2. The applicant agrees that if platting is required by state law or city ordinance, any granting of a variance is conditional on the property being platted, approved by the city and recorded in the County Deed Records;
3. The applicant has paid all property taxes; and if
4. The property is in excess of one acre of undeveloped land area, excluding water bodies (ponds, lakes, streams and the like); and, one of the following guidelines applies:
a. The subject property perimeter is bounded by undevelopable property which if it were combined with the subject property would cause it to exceed the minimum size requirement above. Undevelopable property includes natural bodies of water, highway, railway or other right-of-way, or other characteristics of the land that substantially prevent the property from being developed by any property owner; or
b. Other factors (other than economic hardship) exist that would prohibit the applicant from purchasing enough additional property to meet the requirements of this section.
(f) The findings of the City Commission, together with the specific facts upon which the findings are based, shall be incorporated into the official minutes of the Commission meeting at which the variance is granted.
(g) Variances may be granted only when in harmony with the general purpose and intent of the city code, so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(Ord. 08-29, passed 10-21-2009)