§ 22-01-180. Exempted subdivisions.

(a)

Eligibility. The exempted subdivision procedure may be used provided that:

(1)

The division qualifies under one (1) of the seven (7) exemptions listed in the definition of subdivision.

(2)

All resulting lots meet the current applicable minimum lot size requirements. Any resulting lots cannot create a violation of the current technical standards or zoning regulations, without an approved variance.

(3)

The payments on all outstanding liens are current.

(4)

Upon the transfer of any newly created lot by any method, the outstanding assessment on that lot must be paid in full.

(5)

All owners of the subject property sign the plat and application;

(6)

The exempted subdivision procedure is available for original plats and replats, either within the city or within the extra-territorial platting jurisdiction.

(b)

Submission requirements. The applicant is required to submit to the city the following:

(1)

Completed application form, including waiver of public hearing;

(2)

Applicable fees;

(3)

An original mylar and two (2) copies of the final plat meeting all the requirements of subsection 22-01-140(a)

(4)

The submission to the planning authority includes a division of any remaining assessment lien among any lots created by the exempted subdivision.

(5)

Exemption 2 must be accompanied by an official copy of the court order.

(6)

Exemption 5 must be accompanied by the proposed conveyancing document and birth certificate, adoption certificate or marriage license.

(7)

Exemption 6 must be accompanied by the financing documents.

(8)

Exemption 7 must be accompanied by copies of the IRS exemption letter and/or other documents demonstrating entitlement to exemption.

(e)

Procedure. Within ten (10) working days of receiving the application and all required submissions, the planning authority will make a determination of eligibility for exempted approval. If the proposal is ineligible, the planning authority will promptly notify the applicant that the full subdivision procedure is required. If the proposal is eligible for the exempted procedure the planning authority will forward the subdivision to the city manager for signature. Within five (5) working days, the city manager will sign the plat and return it to the owner for recording with the county clerk.

(Ord. No. 1197, § 20, 3-23-04)