[Ord. No. 339,
passed 7-25-1977]
This chapter shall govern the partitioning or dividing of lots,
outlots or other parcels of land in a recorded plat, subject to provisions
of Section 263 of the Subdivision Act.
[Ord. No. 339,
passed 7-25-1977]
Land may be detached from one such lot, outlot or parcel and
added to another lot, outlot or parcel upon application to and approval
by the Planning Commission. The fact of such a division shall be noted
upon the City assessment roll, and thereafter the enlarged lot, outlot
or parcel shall be considered to be a single lot, outlot or parcel
for tax assessment and all other purposes. No such division shall
be permitted unless the remainder of the lot, outlot or parcel from
which the part was taken meets the minimum requirements of the City
Zoning Code, including requirements as to width, area and open spaces.
[Ord. No. 339,
passed 7-25-1977]
A lot, outlot or parcel may be divided into not more than two
new lots, outlots or parcels, upon application to and approval by
the Planning Commission. The fact of such a division shall be noted
upon the City assessment roll, and thereafter each separate parcel
shall be considered to be a single lot, outlot or parcel for tax assessment
and all other purposes. No such division shall be permitted unless
each separate parcel meets the minimum requirements of the City Zoning
Code, including requirements as to width, area and open spaces. In
those cases where water, sewer or other services have been installed
within the plat by special assessment, and the lot, outlot or parcel
proposed to be divided has been assessed therefor, no division shall
be permitted unless the applicant agrees, in writing, to pay into
the special assessment district an additional amount, to be determined
by the City Manager or the City Clerk/Assessor, representing the increased
share of the cost of the special assessment district which should
be borne by said lot, outlot or parcel as a result of the increased
benefit received by said lot, outlot or parcel when divided into two
separate lots, outlots or parcels.
[Ord. No. 339,
passed 7-25-1977]
A lot, outlot or parcel may be divided into more than two, but
not more than four, separate lots, outlots or parcels upon application
to and approval by the Planning Commission. A survey showing such
proposed divisions, prepared by a registered civil engineer or land
surveyor and including a proper legal description of each separate
lot, outlot or parcel proposed, shall be submitted with the application.
The application shall be filed with the City Clerk/Assessor at least
12 days prior to the regular Commission meeting at which the applicant
is scheduled to appear. Should the Commission approve the requested
division, it shall notify the City Clerk/Assessor, and the fact of
such a division shall be noted upon the City assessment roll. Thereafter,
the divided portions of the lot, outlot or parcel shall be considered
to be separate lots, outlots or parcels for tax assessment and all
other purposes.
No such division shall be permitted unless each of the parts
into which such lot, outlot or parcel is to be divided meets the minimum
requirements of the Zoning Code, including requirements as to width,
area and open spaces. In those cases where water, sewer or other services
have been installed within the plat by special assessment, and the
lot proposed to be divided has been assessed therefor, no division
shall be permitted unless the applicant agrees, in writing, to pay
into the special assessment district an additional amount, to be determined
by the Clerk/Assessor, representing the increased share of the cost
of the special assessment district which should be borne by said divided
lot, outlot or parcel due to increased benefits received by such lot,
outlot or parcel when divided into three or four such lots, outlots
or parcels.
[Ord. No. 339,
passed 7-25-1977]
Any person aggrieved by any action of the City Clerk/Assessor
or the Planning Commission hereunder shall be entitled to a hearing
before Council. Such hearing shall be requested in writing and shall
be held at the next regular meeting of Council occurring not less
than 10 days after the filing of the request. Council may, after such
hearing, modify or reverse any decision of the City Clerk/Assessor
or the Commission.
