Intent and purpose. This article is intended to be utilized in conjunction with the zoning regulations of this chapter to ensure that the development of land within the City occurs in a manner that protects, provides for and promotes the public health, safety, convenience, comfort, and general welfare of the residents of the City. Specific purposes of this article include the following:
1. To ensure the orderly development or redevelopment of land;
2. To protect and conserve the value of buildings and other improvements, and minimize any adverse impact of development on adjoining or other nearby properties;
3. To ensure proper legal descriptions and documentation of subdivided land for the protection of both buyers and sellers of land;
4. To ensure that lot purchasers will receive a buildable, properly oriented lot, provided with adequate facilities to meet day-to-day needs;
5. To establish standards of design (and reference other sources of design standards and procedures) for subdivision improvements and improvements within unsubdivided developments to ensure safe and proper construction of new streets, utilities, drainage facilities; erosion control; and installation of streetlighting;
6. To ensure a beneficial relationship between uses of land and buildings and the street system, including safe access and maneuvering of fire trucks and other emergency vehicles;
7. To designate and define the powers and duties of the officials administering and enforcing this article; and
8. To establish penalties for the violation of this article.
Applicability. The regulations of this article shall apply as follows:
1. The provisions of this article shall apply to every subdivision of land into two or more parcels and including situations where there are proposed publicly dedicated streets, alleys, easements, parks, common areas, or other facilities. The provisions of this article shall also apply to developments subject to planned development approval under Article
III (Applications and Procedures), §
26-10 (Planned development), of this chapter.
2. The improvement plan requirements and land development standards, as contained in this article, shall also apply to unsubdivided developments, except for construction of improvements on single-family and two-family residential lots.
3. Every proposed subdivision of land within the City shall be submitted to the Planning, Zoning and Architectural Review Commission for its report and recommendation thereon to the Board of Aldermen. The final plat of any subdivision shall not be recorded in the office of the County Recorder of Deeds, unless and until such plat is approved in accordance with the provisions of this article.
4. The sale or transfer of small parcels of land, as determined by the Director of Public Services, to or between adjoining property owners, where such sale does not create additional lots, is exempt from the requirement of Board of Aldermen approval of a final plat. Prior to such sale or transfer and recording thereof, the property owners involved shall comply with the boundary adjustment provisions contained in §
26-46 (Special procedures) Subsections
E through
G (Boundary adjustments) of this article.
5. Any court-ordered division of a tract of land shall comply with the requirements of this article.
Major subdivisions require the submittal of a sketch plat and approval of a preliminary and a final plat in accordance with the provisions of this article. A major subdivision is a subdivision having any of the following characteristics:
1. The subdivision involves the creation of more than four lots;
2. The total area of the tract to be subdivided is greater than two acres in size;
3. There are proposed publicly dedicated streets, alleys, easements, parks, or other public lands; or
4. Any subdivision of a tract of land for which a rezoning is required for all or a portion of the tract, including rezoning to a PD District.
Subdivisions: minor. A minor subdivision is a subdivision that does not have any of the characteristics of a major subdivision, as described in §
26-40C above. Lot splits and lot consolidations are considered minor subdivisions. Minor subdivisions are not required to comply with the sketch plat and preliminary plat provisions of this article.
Compliance with zoning district requirements. Subdivisions created in according with the provisions of this article shall comply with applicable provisions of Article
IV (Zoning Districts and Use Standards) of this chapter.
1. Creation of lots. No lot shall be created, nor property transferred from one adjoining lot to another, that results in any lot, and/or the use thereof, failing to comply with the requirements of this chapter.
2. Rezoning (Zoning District Map amendment). When a proposed subdivision would require that the tract, or portion thereof, be rezoned, consideration of the preliminary plat and the rezoning petition shall take place concurrently. The Planning Commission report on the preliminary plat and the proposed rezoning shall be submitted to the Board of Aldermen. In no event shall the Board of Aldermen approve a final plat prior to the Board adopting an ordinance approving the rezoning of the subject tract, or portion thereof.
