151.06 PROCEDURE FOR REQUESTS FOR LOT SPLITS.

   (a)    Approval Required. All property less than one acre in area or property which has been previously subdivided shall not be divided or split by the owner, grantor, lessor or any person having an interest therein without first obtaining approval of the Board. Lot splits for property of an acre or more require the approval of the Whitehall Planning Commission.

   (b)    Written Application. Two copies of an application for a lot split or division of property shall be filed with the Chief Building Inspector and such application shall include, but not be limited to, the following statements:

      (1)    The nature of the split, how many feet or area shall be involved and from what lot or lands.

      (2)    A legal description of the property including street addresses, if any.

      (3)    A statement of the special circumstances or conditions applying to the property sought to be split or divided and not applying generally throughout the zoning district involved.

      (4)    A statement showing that the special circumstances or conditions do not result from the actions of the applicant or his predecessors in title.

      (5)    A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.

      (6)    Such other information regarding the request as may be pertinent as required for appropriate action by the Board.

   (c)    Plot Plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale, which shall be determined by the Board, showing the following:

      (1)    The boundaries and dimensions of the lot.

      (2)    The nature of the special conditions or circumstances giving rise to the application for approval.

      (3)    The size and location of existing and proposed structures.

      (4)    The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.

      (5)    The relationship of the requested lot split to the development standards of the City as shown in the Master Plan and appropriate zoning classification.

      (6)    The use of land and location of structures on adjacent property, the names and addresses of the owners of property within and contiguous to and directly across the street from such parcel or parcels upon which a lot split is sought.

   (d)    Notice of Hearing. Written notice of the hearing shall be published in a newspaper of general circulation in Franklin County, Ohio, and written notice of the hearing shall be mailed at least ten days before the date of the public hearing to the owners of property, contiguous to the property for which lot split is requested, as they appear on the County Auditor's current tax list or the Treasurer's real estate tax mailing list. No notice shall be required if there is filed with the application waivers from the property owners who are entitled to such notice.

   (e)   Approval of Lot Split. The Board of Zoning and Building Appeals or the Whitehall Planning Commission shall only approve a lot split or modification thereof if the following findings are made:

      (1)    That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district.

      (2)    That a literal interpretation of the provisions of the zoning ordinances would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinances.

      (3)    That the special conditions and circumstances do not result from the action of the applicant.

      (4)    That granting the lot split requested will not confer on the applicant any special privilege that is denied by the zoning ordinances to other lands or structures in the same zoning district.

      (5)    That granting the lot split will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity.

      (6)    The Chairman of the Board of Zoning and Building Appeals or the Chairman of the Whitehall Planning Commission where applicable may approve the requested lot split if:

         A .    All conditions of the Zoning Code (Title Three) are met as reviewed and certified by the Chief Building Inspector.

         B.    The application and plot plan requirements (b) and (c) have been filed.

         C.    Waivers from property owners entitled to notice of hearing (d) are presented.

         D.    Property owners contiguous to the property for which a lot split is requested have not filed written objection with the Board or the Whitehall Planning Commission where applicable.

      (7)    A deed or other instrument approving such lot split shall be executed by the Mayor or the Chairman of the Board after approval has been granted.

         (Ord. 03-09. Passed 2-17-09.)