§ 110-96. Proposed subdivision of existing lot.

(a)

Whenever a proposed subdivision is a proposal for the division of a single existing lot into two lots, in lieu of complying with division 3 of this article, the subdivider may conform to the procedural requirements set out in this division or he may comply with the procedure for subdivision or resubdivision contained in this chapter at the applicant's option. This procedure shall not apply to a subdivision into more than two lots or additional lot splits on contiguous land or within the same existing subdivision. The intention being that this procedure may only be used once as it pertains to all or any portion of the lands involved in or previously utilizing or subject to this procedure.

(b)

A subdivider shall apply to the city manager on an application form, promulgated by the director of planning, for the subdivision of a single existing lot into two lots, stating the subdivider's plans for development with the following minimum criteria:

(1)

A sketch showing the lot size, location of proposed buildings, location of easements, names of bordering streets, building setbacks, names and locations of all bodies of water, marshlands, drain fields, and all other waterways and watercourses abutting or encroaching upon subject property. This sketch must also show existing buildings and lot dimensions.

(2)

A brief description of all utilities and city services, including sewers, potable water facilities, and fire hydrants electric and telephone poles, streetlights, storm drains and any other utilities or services relevant to the maintenance of subject properties.

(3)

A listing of the names and addresses of the record owners abutting subject property.

(4)

A boundary survey of the lands subject to this procedure, as existing (i.e., prior to the proposed lot split) and as proposed (i.e., after the proposed lot split), performed and prepared under the responsible direction and supervision of a professional surveyor and mapper shall be certified to and submitted to the city. Said surveys shall include the depiction of existing improvements thereon.

(c)

Lot split procedure. Once the application is determined to be complete, the city staff shall review the request for compliance with the code (e.g. compliance with lot dimensions requirements, setbacks for existing buildings etc.).

Upon review by the city staff, with or without conditions or restrictions, the application, together with the recommendations, conditions and restrictions, shall be presented to the planning and zoning board at its next regular meeting or session, following action by the city staff, for approval or disapproval. The planning and zoning board may take the following actions:

(1)

Approve the application as recommended by the city staff.

(2)

Approve the application, deleting or supplementing the conditions and restrictions of the city staff.

(3)

Approve the application, adding conditions and restrictions as determined by the planning and zoning board.

(4)

Disapprove the application.

The planning and zoning board shall have the option to take such action as it deems necessary and proper upon one hearing.

(d)

Appeals shall be governed by sections 118-162 through 118-164. Appeal may be taken only upon final action by the planning and zoning board.

(e)

If the city manager or the planning and zoning board determines that an easement or right-of-way is necessary for the subdivision of the subject property, the applicant must provide a proper and satisfactory executed deed of easement or right-of-way prior to any final approval by the authority determining this necessity and prior to approval by any subsequent authorities determining the application.

(f)

The city manager may require an applicant to follow the standard subdivision procedure contained in this chapter if he determines that the summary procedure is being utilized by an applicant in order to defeat the objectives of subdivision requirements.

(Ord. No. 04-19, § 2(Exh. A), 6-10-04)