1. Planned Unit Developments (PUD). In the case of a Planned Unit Development, the design principles and minimum requirements for subdivision layout may be modified by the Planning and Zoning Commission, based on their judgment that the PUD makes adequate provision for all essential community requirements. However, no modification shall be granted which would conflict with the proposals of the Transportation Plan, Community Facilities Plan or the adopted Comprehensive Plan.
2. Unusual Conditions. In any particular case where the subdivider can show that by reason of unusual topographic or other physical conditions, strict compliance with any requirements of the regulations could cause practical difficulty or exceptional or undue hardship, or in subdivisions lying in the two-mile jurisdiction outside the City limits, where the purpose of subdivision does not involve housing development or other intensive land use, the Planning and Zoning Commission may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public good, and without impairing the intent and purposes of the regulations or the desirable general development of the City in accordance with the adopted Planning and Zoning Regulations of the City. Any modification thus granted shall be entered in the minutes of the Commission, setting forth the reasons which, in the opinion of the Commission, justified the modification.
3. Preliminary Plats for Small Subdivisions. In the case of a subdivision of less than five (5) lots and where the lots can be adequately served by existing streets, situated in a location where conditions are well defined, the Commission may exempt the subdivider from complying with some of the requirements stipulated in this section pertaining to the preparation of the Preliminary Plat.
4. Simple Replatting. The realignment, combining or dividing of lots in an approved subdivision may be carried out by simple replatting, in final plat form, provided all modifications conform with requirements of current zoning and subdivision regulations, with approval of the Commission and the City Council.
5. Extraterritorial Jurisdiction – Subdivision Review. The Extraterritorial Subdivision Review Area of the City of West Burlington is the area of unincorporated land within 2 miles of the City limits, over which the City has the authority to review all subdivisions of land, pursuant to Section 354.9 of the Code of Iowa. As the Cities of Burlington and Middletown are granted the same authority over land within 2 miles of their City limits, the City of West Burlington has entered into agreements with both of these municipalities, which define the mutually accepted boundaries between the Subdivision Review Areas of each 14 . Neither of these Cities has authority over land lying within the Iowa Army Ammunition Plant, which is exclusively the property of the United States Government. The precise boundaries of the Subdivision Review Area are indicated on the map titled “Extraterritorial Subdivision Review Area.”
Subdivisions lying within the City’s Extraterritorial Subdivision Review Area shall follow the above procedures, subject to the following modifications:
A. Requirement for topographic survey data with two-foot intervals may be waived in the following circumstances:
(1) It is a simple division required for estate settlement, with no proposed use of the land for further development purposes.
(2) A single lot is being delineated for residential purposes, and the remaining portion will not be subdivided for development purposes.
B. Setbacks shall meet the requirements of the A-1 Agricultural District (See Section 165.05 of the Zoning Regulations).
C. In areas not served by sanitary sewer, the minimum lot area shall be 20,000 square feet.
D. Street frontages shall be no less than 50 feet in width, in accordance with the requirements of the R-1 Rural Estate Residence District.
E. “Minor Subdivisions”.
(1) When a subdivision of land does not involve the creation of new streets, roadways or public utility extensions, and where each lot transfer occurs either between close family relations, and/or adjoining property owners, the plat may be considered a “minor subdivision plat”, and be approved administratively by agreement and written consent and signature of the City Administrator.
(2) In such case, the approval of the full Planning and Zoning Board shall be waived, and public hearing requirements shall also be waived unless such a hearing is requested by the City Council prior to approval.
(3) A single driveway shall not serve more than two (2) individual lots developed for single-family residential or agricultural purposes. 15 Accordingly, if any additional driveways require the extension of a street, for access to a subdivided parcel, then this shall not be considered a “minor subdivision”.
Notes
| 14 | In accordance with Chapter 28E of the Code of Iowa |
| 15 | 15 In accordance with the Subdivision Regulation Ordinance of Des Moines County, Iowa (Article II, Section 2, definition of ‘Driveway’) |
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