09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 11 (b) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this 419 chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, 420 correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and 421 these remedies shall be in addition to the penalties describe above and provided in state statutes. 422 Sec. 82-15. - Classifications. 423 For purposes of this chapter subdivisions are classified as follows. 424 (a) Class I subdivision. A class I subdivision shall be exempt from platting by the city and shall be 425 permitted subdivision by metes and bounds description described by a registered land surveyor if it meets 426 one or more of the following criteria: 427 (1) The subdivision results in no more than two buildable lots where each resulting lot meets or 428 exceeds five acres (217,800 square feet) of land, and each lot has at least 300 feet of frontage on a public 429 roadway which has been accepted and opened by the city or on a private roadway open to travel or 430 vehicular use pursuant to an easement between persons or between persons and the city, and where no 431 flexible zoning application or extension of municipal utilities is involved; 432 (2) The subdivision is a division of property previously combined for tax purposes; or 433 (3) The subdivision consists only of the creation or alteration of a public or private easement for any 434 purpose. 435 (b) Class II subdivision. A class II subdivision shall be a plat and may qualify for a limited review 436 procedure established in this chapter if it meets all of the following criteria: 437 (1) The subdivision results in no more than two buildable lots, one or both of which are less than five 438 acres (217,800 square feet) of land or one or both of which have less than 300 feet of frontage on a pu blic 439 roadway which has been accepted and opened by the city or on a private roadway open to travel or 440 vehicular use pursuant to an easement between persons or between persons and the city; 441 (2) The subdivision involves the vacation or dedication of public roadways or extension of municipal 442 utilities; 443 (3) The subdivision does not involve any flexible zoning application; and 444 (4) The subdivision may include the creation of outlots and easements for access, open space, flowage, 445 conservation, etc., in addition to the two buildable lots. 446 (c) Class III subdivision. A class III subdivision shall be a plat which includes but is not limited to a 447 subdivision which meets one or more of the following criteria: 448 (1) The subdivision results in three or more buildable lots; 449 (2) The subdivision involves a flexible zoning application; 450 (3) The subdivision involves the vacation or dedication of a public roadway; or 451 (4) The subdivision involves the extension of municipal utilities. 452 453 Sec. 82-16. - Conditions. 454 Regulation of the subdivision of land and the attachment of reasonable conditions to the subdivision 455 of land is an exercise of valid police power delegated by the stateState to this city. The subdivider has the 456 duty of compliance with reasonable conditions laid down by the city for design, dedication, improvement 457 and restrictive use of the land so as to conform to the physical and economical development of the city 458 and the city's comprehensive municipal planCommunity Management Plan and to the safety and general 459 welfare of the future lot owners in the subdivision and of the community at large. 460 Secs. 82-17—82-45. - Reserved. 461 462 ARTICLE II. - ADMINISTRATION AND ENFORCEMENT[2] 463 464 Cross reference— Administration, ch. 2. 465 Sec. 82-46. - Enforcement. 466 Commented [JB24]: Do we need/ want to keep this? Commented [SM25]: To the extent you break this out, it is usually an administrative subdivision and regular subdivision. Commented [JB26]: We are not proposing different classifications Commented [JB27]: Council: Some cities utilize an administrative subdivision process, usually for lot splits or subdivisions creating 4 or less lots. Since many of our subdivisions are small (less than 4 lots) I am not proposing a similar process, which often skips the Planning Commission.