A.
Minor plans may be filed and processed only for lot line adjustments,
simple conveyances, minor subdivisions, mortgage subdivisions, or
minor land developments as characterized herein, in accordance with
the standards and requirements in this section.
B.
Standards for qualification as a minor plan submission.
(1)
Lot line adjustment.
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration or eliminated.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
(d)
No alteration will occur to the perimeter boundary lines of
the two lots.
(e)
Neither lot shall violate the applicable dimensional requirements of Chapter 350, Zoning, as a result of the lot line adjustment.
(f)
Possible reasons for lot line adjustments include, but are not
necessarily limited to:
(2)
Simple conveyance.
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A portion of one lot is being divided off to be conveyed to
the owner of the abutting lot.
(c)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
(d)
The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional requirements of Chapter 350, Zoning, so that after conveyance, it will remain in compliance with those requirements.
(e)
The land area being conveyed need not satisfy any of the dimensional requirements applicable to lotting in the district in which it is located, nor the street frontage requirements of Chapter 350, Zoning, provided that it shall be deed restricted to the extent that it may not be transferred independently, but must be transferred together with the lot to which it is being functionally added by the process of simple conveyance.
(3)
Minor subdivision.
(a)
A subdivision proposal which would divide one existing lot into
not greater than three lots, each of which will comply with the applicable
dimensional requirements of the zoning district in which the existing
lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable City requirements for lot
frontage and access to a public street for both proposed lots.
(c)
The existing lot has not been a part of an approved subdivision
proposal during the five years previous to the current application.
(d)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines.
(e)
The proposal will not involve significant stormwater and/or
erosion control issues, as determined by the City Engineer.
(f)
Disqualification. The City may require standard preliminary
plan submission in place of a minor plan when conditions warrant it,
at the advice of the Planning Commission or Engineer.
(4)
Mortgage subdivision.
(a)
A subdivision established for the sole purpose of granting separate
and distinct mortgages on each parcel within a commonly managed and
maintained land development. The individual parcels created as a result
of the mortgage subdivision may not individually meet the required
yard setbacks, ground cover, limitations, or other bulk and area requirements
of the zoning district in which the property is situate, provided
that the applicant documents to the satisfaction of the City the following:
[1]
The responsibility for the construction, control, and maintenance
of development shall be carried at by an entity irrespective of parcels
to be established through the mortgage subdivision.
[2]
Irrevocable cross easements shall be established in favor of
all parcels created through the mortgage subdivision within the land
development as respect to the use, control, and maintenance for the
facilities and areas to be used in common so that each parcel becomes
an integral of the land development.
[3]
Declaration that the interest of any mortgagee and that of any
transferee of the mortgage property upon any default of the mortgage,
shall be subject to the obligations and responsibilities as to the
facilities and areas to be used in common and the requirements of
the cross easements so that such a mortgagee or transferee, in the
event of such default or transfer of title to the property, shall
be bound thereby.
(5)
Minor land developments.
(a)
A land development proposal where it is found that the intended
development or modification of a site, or use and occupancy of an
existing structure will create a minimal impact upon traffic, drainage,
visual image, landscaping, buffering, lighting or other elements described
within the purposes of the chapter.
(b)
Parking lot expansions.
(c)
Additions to existing nonresidential buildings provided that
the addition is less than 2,500 gross square feet and involves no
more than a 25% increase in the size of the existing building.
(d)
The conversion of a residential dwelling that results in the
creation of no more than three new dwelling units.
(e)
The addition of tenants to an existing nonresidential building
when minimal structural improvements are required.
C.
Submission requirements and review procedure.
(1)
All minor plans shall be considered to be preliminary plans for the
purposes of submission for review and approval, and shall comply with
the requirements of preliminary plan submission requirements and preliminary
plan review procedure.
(2)
When a minor plan qualifies for approval, or for approval subject
to conditions, the minor plan may be granted concurrent preliminary
and final plan approvals, provided that the plan includes the final
plan certifications.
(3)
A minor plan is not required to include an improvements construction
plan or a record plan.
(4)
A minor plan which will require access to a state highway shall provide
the highway access statement on the plan.
The City may consider changes to plans that are submitted as
preliminary or final plans if they are resubmitted in the following
manner:
A.
Eleven copies of resubmitted plans must be filed with the City Zoning
Officer during regular business hours.
B.
The resubmission must be accompanied with a completed resubmission
application form.
C.
The applicant shall grant an extension of the ninety-day review time
as a condition of filing a resubmission that involves substantial
changes to the current plan if requested by the City.
D.
All plans or other supporting studies or materials being replaced
by the resubmission shall be officially withdrawn from the filed application
by the applicant and will no longer be considered by the City.
E.
Additional review fees may be required by the City.
A.
No subdivision or land development approval is needed for a de minimis improvement, as defined in Article II.
B.
An applicant who wishes to proceed under these provisions shall submit
to the Zoning Officer the following for their review:
(1)
A building permit application setting forth the proposed improvement,
the cost thereof, and any changes to be made to the land.
(2)
Where the project has a previously recorded land development plan,
the applicants must file an amended land development plan for the
record.
(3)
The plan, when filed, shall undergo engineering and zoning review
to address all zoning issues such as trash enclosures, landscaping,
site access, and stormwater management. An escrow shall be established
with the City to cover appropriate fees for plan review as determined
by staff.
(4)
Any given building may have no more than three de minimus improvements,
including the current application, provided that when taken together,
they require less than five additional parking spaces and the total
footprint of the de minimis additions does not exceed 1,000 square
feet.
(5)
Upon completion of the appropriate staff review, if the applicant
agrees in writing to the conditions, improvements, and/or requirements
determined by the review, the application will be approved and the
appropriate permits will be issued. In the event that the applicant
does not agree with the review conclusions, the application is deemed
denied and the applicant may elect to resubmit the application under
the standard land development procedures as set forth herein.
