[R.O. 2004 § 420.420; Ord. No. 2.56 § 4, 1-9-2001; Ord. No. 2.78 § 1, 2-25-2003]
A. 
The intent of this Section is to provide for the issuance of building permits on lots divided into not more than two (2) tracts without having to replat or resubdivide said lot, provided that the resulting lots shall not again be divided without resubdividing.
1. 
The applicant shall first meet with the Zoning Administrator and all applicable City staff members and City consultants to receive an explanation of the lot split procedure, including its requirements and limitations, and an application form.
2. 
The lot split application shall be completely filled out and returned to the office of the Zoning Administrator with the appropriate fee.
3. 
An application fee and deposit shall be paid at the time the site plan application is submitted. The fee shall be used to cover expenses incurred by the City in the processing and review of the application. If the City's processing and review costs exceed the amount of the initial fee, the applicant shall be required to pay the additional amount. An application for a lot split shall not be processed until it has been fully completed, the appropriate application fee and all requested information submitted.
4. 
As a part of the application, four (4) copies of a scale drawing (plat of survey) shall be submitted which shall show the following:
a. 
Boundaries of the existing parcel;
b. 
Location of all structures and proposed disposition of them;
c. 
Legal description of the lots to be formed; and
d. 
Name, signature and seal of the licensed engineer or the registered land surveyor who prepared the drawing.
5. 
Upon submission of a completed application and payment of the application fee and deposit, the Zoning Administrator shall schedule a meeting with the Public Works Director and City Engineer to review the application.
6. 
No lot split shall be approved if:
a. 
A new street or alley is needed or proposed.
b. 
Vacation of streets, alleys, setback lines, access control or easements is required or proposed.
c. 
If the lot split will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.) or will interfere with maintaining existing service levels (e.g., additional curb cuts, repaving, etc.).
d. 
All easement requirements have not been satisfied.
e. 
The split will result in a tract without direct access to a street.
f. 
A substandard-sized lot or parcel will be created.
g. 
The lot has been previously split in accordance with this Article.
7. 
Upon review of a lot split application in relation to the above specified criteria, the Zoning Administrator, Public Works Director and City Engineer may require such additional information as deemed necessary to carry out the intent and purpose of the existing land development regulations and City policy. Requirements may include, but not be limited to, installation of public facilities, dedication of rights-of-way and easements, access control and submission of covenants for the protection of other landowners in the original subdivision.
8. 
The Zoning Administrator, Public Works Director and City Engineer shall, in writing, either approve, with or without conditions, or disapprove the lot split within thirty (30) working days of application. If approved, the Zoning Administrator and Public Works Director shall sign and furnish a certificate of approval to be affixed to the lot split survey and a certified copy thereof shall be filed with the Recorder of Deeds. Copies of the approved lot split shall also be provided to the Zoning Administrator and the applicant.
9. 
No building permit shall be issued for any site which contains a division of a platted lot of record, unless such division has been ratified in the manner provided in the subdivision regulations.
10. 
Appeal. If disapproved by the Zoning Administrator, Public Works Director and City Engineer, applicants can appeal the decision to the Board of Adjustment.