Chapter 4 Subdivisions

Purpose: Serve the public health, safety, and general welfare of the City and its residents as well as provide for the orderly development and growth of the City by prescribing rules and standards for insuring the functional arrangements of streets, public improvements, open spaces, community facilities, and utilities.

Jurisdiction and Applicability

This chapter shall be applicable to all property within the corporate limits and the extraterritorial jurisdiction. No owner of real property within this area may subdivide or plat such property into lots for buildings or any other use, streets, or other forms of dedication for public use without first gaining approval pursuant to these regulations. In addition, no individual may sell, offer to sell, or construct buildings on any lots or parts of real property that are not subdivided as required by State law or this section.

Permits

No building permit shall be issued for any piece of property less than ten (10) acres that has not first been platted in accordance with this chapter.

Interpretation, Conflict, and Severability

These regulations shall be held to provide the minimum requirements necessary for the promotion of the public health, safety, and welfare. If any provision conflicts with any other provision, or any applicable state or federal law, the more restrictive provision shall be enforced. Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any local, state, or federal ordinance or statute.

Exemptions

These regulations shall not apply in the following instances:

  • The division of land for agricultural purposes into parcels or tracts of more than ten (10) acres and not involving any new streets or easements of access.
  • A previously platted lot which may be divided as a minor subdivision with the provisions of this ordinance
  • Land used for adjusting street or railroad right-of-way, a drainage easement or other public utilities subject to local, state, or federal regulations, where no new street or easement of access is involved.
  • Any transfer of title by operation of eminent domain or court ordered partition or decree.

    • Approval Necessary for Acceptance of Subdivision Plats

    All plans, plats, or replats of land laid out in building lots, and the streets, alleys, or other portions to be dedicated for public use, or for the use of purchasers or owners of the lots adjacent thereto shall be submitted to the Planning Commission for its consideration. The Commission’s recommendations shall be submitted to the City Council for its review and action.

    Approval Subdivisions

    This procedure shall be used for dividing a lot, tract, or parcel of land into two (2) or more parts. This includes minor subdivisions, which is the division of one (1) lot into two (2) or more lots or the combination of two (2) or more lots into two (2) or less lots. All applications shall be submitted to the Planning Commission for approval.

    At a minimum, the application shall contain the following:

  • Legal description of the property
  • A survey attached to the application showing: proposed lots abutting lots; all existing structures, fences, and building set backs on lots; and all necessary easements and right of way dedications.
  • Following review of the application, the Planning Commission will provide their recommendation to the City Council, who will approve or disapprove the application. In the event that the Planning Commission disapproves the application, the applicant may appeal to the City Council by filing a written notice of appeal with the City Clerk within ten (10) calendar days after receiving the notice of disapproval.
  • Following approval, the subdivider must file the survey and certificate of approval with the appropriate County Register of Deeds. The subdivider shall submit a copy of the recorded document of such filing with the City Clerk within ninety (90) days of the date of approval or the document shall be null and void.
  • The City Clerk shall keep a complete and accurate record of all subdivision approvals.