Chapter 17.08   SUBDIVISION PLAT

Sections:


17.08.010   Definitions.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings:

"Alteration" or "amendment" means the modification of a previously recorded subdivision, short subdivision, or binding site plan, or any portion thereof that results in changes to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat.

"Binding site plan" means a drawing to a scale specified by the city binding site plan code which:

1.

Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by city code;

2.

Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the community development director; and

3.

Contains provisions making any development to be in conformity with the site plan.

"Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries.

"Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentation for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of the plat for filing by the appropriate governmental unit.

"Final plat" means the final drawing of the subdivision and dedication prepared for recording with the county recorder and containing all elements and requirements set forth in this title.

"Hearing Examiner" means the person appointed or authorized by the city to carry out the duties of hearing examiner pursuant to Chapter 2.30.

"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts and parcels.

"Monument" means a permanent concrete object four inches by four inches at the top, six inches by six inches at the bottom and twenty-four inches long with a metal marker cast in the center.

"Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of lands into lots, blocks, streets and alleys or other divisions and dedications.

"Paper plat" means a residential short subdivision with an existing single family residence, in which only one additional lot is created, and some or all of the required public improvements for the additional lot have been deferred until after final short subdivision approval and made a condition of building permit issuance on the additional lot.

"Public works director" means that person, firm or corporation appointed or authorized (including contractual authorization) by the mayor of the city to carry out the duties of the public works director as prescribed by this chapter.

"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis of the approval or disapproval of the general layout of the subdivision.

"Short subdivision" means the division or redivision of land into six or fewer lots, tracts, parcels, or sites for the purpose of sale, lease or transfer of ownership, except as provided in Section 17.04.030 of this title. The creation of tax parcels by the county shall not be deemed the division of land for purposes of creating a lot, tract, parcel or site that can be sold, leased or transferred.

"Subdivision" means the division or redivision of land into seven or more lots, tracts, parcels, or sites for the purpose of sale, lease or transfer of ownership, except as provided in Section 17.04.030 of this title. The creation of tax parcels by the county shall not be deemed the division of land for purposes of creating a lot, tract, parcel or site that can be sold, leased or transferred.

"Tract" means a fractional part of subdivided lands having fixed boundaries, not meeting the requirements for a lot, or created for a special use, including public spaces, storm drainage facilities, or sensitive area protection, other than for a building lot.

"Vacation" means canceling or eliminating an approved subdivision or short subdivision completely; "partial vacation" means cancellation or elimination of a portion of an approved subdivision or short subdivision.

"Vested" means a proposed division of land will be considered under the requirements of this chapter, and the zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, binding site plan, or short plat approval of the short subdivision, has been submitted to the city.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 4, 6-3-2010)

17.08.030   Lots—Valid land use for five years.

Lots created pursuant to the terms of this title shall be a valid land use, notwithstanding any change in the zoning laws, for a period of five years from the date the final plat is filed of record, unless a longer period is specified in an approved development agreement.

(Ord. 780 § 2 Exh. 1 (part), 2005)

17.08.040   Revocation or modification of conditions after approval.

A.

A subdivision or short subdivision shall be governed by the terms of approval of the final plat, and the statutes, codes and regulations in effect at the time of final plat approval, including certificates of availability for water and sewer capacity, and approvals granted after approval by the public works director, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

B.

The city council may modify the conditions of preliminary subdivision or short subdivision approval, or revoke the approval, if, after notice and opportunity to be heard by the owner of the land to be subdivided, if the city council finds:

1.

The modification or revocation is necessary to protect the public health, safety or welfare; and

2.

If the council intends to revoke the preliminary approval, that it is impossible to satisfy the condition of preliminary plat approval because of a knowing and deliberate violation of the condition.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 5, 6-3-2010)