ARTICLE 6

LOT SPLITS

General

Application Procedure

Approval Guidelines

Filing Fee

 

General: The intent of this section is to provide for the issuance of building permits in lots divided into not more than two tracts without having to replat said lot, provided that the resulting lots shall not again be divided without replatting. The Zoning Administrator may approve or disapprove lot splits in accordance with the following regulations.

Application Procedure: Requests for lot split approval shall be made by the owner of the land to the Zoning Administrator. Four (4) copies of a scale drawing and legal description of the lots involved and the location of any structure(s) thereon together with the precise nature, location and dimensions of the proposed lot split shall accompany the application.  There shall also be a signage block created on the drawing for the Zoning Administrator’s signature.  Once the lot split is approved, the drawing shall be recorded with the Register of Deeds.

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Approval Guidelines: Approval or disapproval of lot splits shall be made, based on the following guidelines:

    1. No lot split shall be approved if:
      1. A new street or alley is needed or proposed.
      2. A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
      3. Such action 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.).
      4. There is less street right-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instrument.
      5. All easement requirements have not been satisfied.
      6. Such split will result in a tract without direct access to a street.
      7. A substandard-sized lot or parcel will be created.
      8. The lot has been previously split in accordance with these regulations.

 

    1. The Zoning Administrator may make such additional recommendations as deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of rights-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision.
    1. The Zoning Administrator shall, in writing, either approve, with or without conditions, or disapprove, the lot split within five (5) working days of application.

Filing Fee: The filing fee for lot splits shall be ten dollars ($10.00).

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