REGULATION OF THE SUBDIVISION OF LAND Policy 7.A.1.2
7.09.01 Purpose: Purpose and intent of subdivision regulation is to assure that future growth, development and redevelopment in the City conform to certain minimum criteria. Standards provided under this Code are designed to protect the general health, safety, and welfare of the city and its citizens; to ensure the beneficial impacts of growth and guard against the negative impacts of growth, and to protect neighboring properties as well as the general public from potential adverse impacts from a proposed use.
7.09.02 General Design Standards (See also Article 8, Section 8.03.00):
A.
Subdividers shall make every effort to conform to the natural topography and features of the tract.
B.
Residential blocks shall not be more than one thousand five hundred (1,500) feet in length. Where block length exceeds eight hundred (800) feet, consideration will be given to the installation of a pedestrian crosswalk.
1.
Blocks shall have sufficient width to provide for two (2) tiers of lots except when prevented by unique topographic or natural conditions.
7.09.03 Drainage: A complete drainage plan shall be submitted by the subdivider that shows capability for the system to collect, control, and dispose of stormwater runoff. The drainage system will include all catch basins, manholes, inlets, headwalls, street grades, bridges, pipes, settling basins, greenbelted open space, etc.
The drainage system shall be based upon the facilities necessary to retain the first inch of run-off on site. Post development run-off shall not exceed the pre-development run-off for a 25 year storm event up to and including an event with a 24-hour duration. Detailed requirements are contained within Section 10.03.00, et. seq., of this Code.
7.09.04 Utilities: The subdivider is encouraged to place all utilities underground.
7.09.05 Sewer:
A.
Subdivisions developed in the vicinity of operating collector systems shall connect into that system if sewage capacity exists. The developer must provide necessary collection lines, lift stations, etc. to provide sanitary sewer collection service to each home located in the subdivision.
1.
Where sewer collections lines are not available via gravity flow, force mains (including lift stations) shall be installed by the developer/builder.
2.
Subdividers shall install a collection system designed to tie in with the central system.
3.
Septic tanks are prohibited in Coastal High Hazard areas (Policy 11.A.6.2) and elsewhere within the City.
7.09.06 Water:
A.
Subdivisions developed in the vicinity of operating water systems shall connect into that system if capacity is adequate.
7.09.07 Utility Easements (Policy 7.A.7.2):
A.
An easement for utilities, if required, shall be made available at no expense to the city and shall be at least fifteen (15) feet in width. Easements of greater width may be required for the extension and/or construction of utilities.
B.
Where utility facilities such as sewer lift stations are required for a service area greater than the subdivision subject to development, the City may acquire land from the subdivider/developer under negotiated terms approved by the City Council.
7.09.08. Lot Split and Lot Combination:
A.
"Lot Split" is defined as the division of a single unplatted parcel of land into two (2) separate lots, fronting on a public street, or an access easement not involving any new street or road, or the extension of governmental facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision of this Code or the Comprehensive Plan with each lot meeting the minimum zoning, access, and infrastructure requirements as outlined in the Land Development Code being reviewed and approved by the Community Development Director of the Community Development Department or their designee.
B.
"Lot Combination" is defined as the combing or fusing of up to four (4) unplatted lots that share common property lines and are under the same ownership and that after combining is fronted by a public street, and not adversely affecting the remainder of the adjoining properties, and not in conflict with any provision of this Code or the Comprehensive Plan, with the combined lot meeting the minimum zoning, access, and infrastructure requirements as outlined in the Land Development Code being reviewed and approved by the Community Development Director of the Community Development Department or their designee.
C.
Lot Split regulations.
1.
A lot may only split into a maximum of two (2) lots per lot split application, with the possibility of splitting one (1) of the previously split lots one (1) additional time after the initial split from the parent parcel. No lot split or series of lot splits will be allowed to create more than three (3) lots from the parent parcel.
2.
The applicant must apply separately for each lot split if three (3) lots is the ultimate desired outcome.
3.
The City's Community Development Director or their designee shall establish application requirements for lot splits which may include reasonable review, surveys, property title searches, drawings showing setbacks and any other reasonable requirements necessary to effectuate the intent of this ordinance. Application fees shall be established by resolution of the City Council.
4.
If three (3) lots are to be created through the lot split process the property owner will be required to go through the City's platting process.
5.
All split lots must meet the minimum requirements of the zoning district in which they are located.
6.
Once a parent parcel has been split and has reached a maximum of three (3) lots, additional lot splits will be prohibited.
7.
Each lot created shall have a minimum of twenty (20) feet of frontage to a public right-of-way.
8.
Lot frontage shall refer to the side of the property line that fronts a public right-of-way, or if a lot does not front a public right-of-way, the lot frontage shall be where the lot fronts any access easement or private right-of-way. Front setbacks will be measured from the property line, not the easement line or right-of-way.
9.
Exceptions apply to lots abutting Highway 98: Lots may share a common driveway with at least a minimum of twenty (20) feet frontage to Highway 98:
a.
The common driveway may be recorded under an access easement or tract.
b.
The common driveway must have a shared maintenance agreement to ensure long-term upkeep of the shared access.
c.
The common driveway must be a minimum nine (9) feet in width.
d.
The access easement for the common driveway shall be a minimum of twenty (20) feet.
e.
The shared maintenance agreement must outline the financial and operational responsibilities of each lot owner utilizing the driveway.
D.
Lot Combination.
1.
Unplatted lots that share a property line and under the same ownership may be combined, provided that no more than four (4) adjacent lots are combined.
2.
An application is required to combine unplatted lots within the city limits.
3.
All lots must meet the minimum requirements of the zoning district in which they are located.
4.
The City's Community Development Director or their designee shall establish application requirements for lot combinations which may include review, surveys, property title searches, drawings showing setbacks and any other reasonable requirements necessary to effectuate the intent of this ordinance. Application fees shall be established by resolution of the City Council.
5.
Once lots have been combined, they may be split into new lots if they have not been previously split through the lot split process outlined in this ordinance.
6.
All combined lots must adhere to the zoning requirements of the district in which they are located. Lots that are seeking to be combined which have differing zoning designations must seek a rezone having only one zoning designation as a condition of any lot combination.
7.
The combination of lots shall be recorded with the County.
8.
The combined lots shall have a minimum frontage of twenty (20) feet to public right-of-way or a common driveway may be recorded under an access easement or tract.
9.
The common driveway must have a shared maintenance agreement to ensure long-term upkeep of the shared access.
10.
The common driveway must be a minimum nine (9) feet in width.
11.
The access easement for the common driveway shall be a minimum of twenty (20) feet.
12.
The shared maintenance agreement must outline the financial and operational responsibilities of each lot owner utilizing the driveway.
E.
Enforcement and Compliance.
1.
Any lot split or lot combination in violation of this ordinance shall be deemed unlawful and subject to penalties as prescribed by local regulations.
2.
All lot splits and lot combination applications will be reviewed and approved through the Community Development Department or their designee, if all regulations are met without the need for a variance, a rezone, or conditional use permits.
(Ord. No. 2025-01, § 2, 4-7-25)
REGULATION OF THE SUBDIVISION OF LAND Policy 7.A.1.2
7.09.01 Purpose: Purpose and intent of subdivision regulation is to assure that future growth, development and redevelopment in the City conform to certain minimum criteria. Standards provided under this Code are designed to protect the general health, safety, and welfare of the city and its citizens; to ensure the beneficial impacts of growth and guard against the negative impacts of growth, and to protect neighboring properties as well as the general public from potential adverse impacts from a proposed use.
7.09.02 General Design Standards (See also Article 8, Section 8.03.00):
A.
Subdividers shall make every effort to conform to the natural topography and features of the tract.
B.
Residential blocks shall not be more than one thousand five hundred (1,500) feet in length. Where block length exceeds eight hundred (800) feet, consideration will be given to the installation of a pedestrian crosswalk.
1.
Blocks shall have sufficient width to provide for two (2) tiers of lots except when prevented by unique topographic or natural conditions.
7.09.03 Drainage: A complete drainage plan shall be submitted by the subdivider that shows capability for the system to collect, control, and dispose of stormwater runoff. The drainage system will include all catch basins, manholes, inlets, headwalls, street grades, bridges, pipes, settling basins, greenbelted open space, etc.
The drainage system shall be based upon the facilities necessary to retain the first inch of run-off on site. Post development run-off shall not exceed the pre-development run-off for a 25 year storm event up to and including an event with a 24-hour duration. Detailed requirements are contained within Section 10.03.00, et. seq., of this Code.
7.09.04 Utilities: The subdivider is encouraged to place all utilities underground.
7.09.05 Sewer:
A.
Subdivisions developed in the vicinity of operating collector systems shall connect into that system if sewage capacity exists. The developer must provide necessary collection lines, lift stations, etc. to provide sanitary sewer collection service to each home located in the subdivision.
1.
Where sewer collections lines are not available via gravity flow, force mains (including lift stations) shall be installed by the developer/builder.
2.
Subdividers shall install a collection system designed to tie in with the central system.
3.
Septic tanks are prohibited in Coastal High Hazard areas (Policy 11.A.6.2) and elsewhere within the City.
7.09.06 Water:
A.
Subdivisions developed in the vicinity of operating water systems shall connect into that system if capacity is adequate.
7.09.07 Utility Easements (Policy 7.A.7.2):
A.
An easement for utilities, if required, shall be made available at no expense to the city and shall be at least fifteen (15) feet in width. Easements of greater width may be required for the extension and/or construction of utilities.
B.
Where utility facilities such as sewer lift stations are required for a service area greater than the subdivision subject to development, the City may acquire land from the subdivider/developer under negotiated terms approved by the City Council.
7.09.08. Lot Split and Lot Combination:
A.
"Lot Split" is defined as the division of a single unplatted parcel of land into two (2) separate lots, fronting on a public street, or an access easement not involving any new street or road, or the extension of governmental facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision of this Code or the Comprehensive Plan with each lot meeting the minimum zoning, access, and infrastructure requirements as outlined in the Land Development Code being reviewed and approved by the Community Development Director of the Community Development Department or their designee.
B.
"Lot Combination" is defined as the combing or fusing of up to four (4) unplatted lots that share common property lines and are under the same ownership and that after combining is fronted by a public street, and not adversely affecting the remainder of the adjoining properties, and not in conflict with any provision of this Code or the Comprehensive Plan, with the combined lot meeting the minimum zoning, access, and infrastructure requirements as outlined in the Land Development Code being reviewed and approved by the Community Development Director of the Community Development Department or their designee.
C.
Lot Split regulations.
1.
A lot may only split into a maximum of two (2) lots per lot split application, with the possibility of splitting one (1) of the previously split lots one (1) additional time after the initial split from the parent parcel. No lot split or series of lot splits will be allowed to create more than three (3) lots from the parent parcel.
2.
The applicant must apply separately for each lot split if three (3) lots is the ultimate desired outcome.
3.
The City's Community Development Director or their designee shall establish application requirements for lot splits which may include reasonable review, surveys, property title searches, drawings showing setbacks and any other reasonable requirements necessary to effectuate the intent of this ordinance. Application fees shall be established by resolution of the City Council.
4.
If three (3) lots are to be created through the lot split process the property owner will be required to go through the City's platting process.
5.
All split lots must meet the minimum requirements of the zoning district in which they are located.
6.
Once a parent parcel has been split and has reached a maximum of three (3) lots, additional lot splits will be prohibited.
7.
Each lot created shall have a minimum of twenty (20) feet of frontage to a public right-of-way.
8.
Lot frontage shall refer to the side of the property line that fronts a public right-of-way, or if a lot does not front a public right-of-way, the lot frontage shall be where the lot fronts any access easement or private right-of-way. Front setbacks will be measured from the property line, not the easement line or right-of-way.
9.
Exceptions apply to lots abutting Highway 98: Lots may share a common driveway with at least a minimum of twenty (20) feet frontage to Highway 98:
a.
The common driveway may be recorded under an access easement or tract.
b.
The common driveway must have a shared maintenance agreement to ensure long-term upkeep of the shared access.
c.
The common driveway must be a minimum nine (9) feet in width.
d.
The access easement for the common driveway shall be a minimum of twenty (20) feet.
e.
The shared maintenance agreement must outline the financial and operational responsibilities of each lot owner utilizing the driveway.
D.
Lot Combination.
1.
Unplatted lots that share a property line and under the same ownership may be combined, provided that no more than four (4) adjacent lots are combined.
2.
An application is required to combine unplatted lots within the city limits.
3.
All lots must meet the minimum requirements of the zoning district in which they are located.
4.
The City's Community Development Director or their designee shall establish application requirements for lot combinations which may include review, surveys, property title searches, drawings showing setbacks and any other reasonable requirements necessary to effectuate the intent of this ordinance. Application fees shall be established by resolution of the City Council.
5.
Once lots have been combined, they may be split into new lots if they have not been previously split through the lot split process outlined in this ordinance.
6.
All combined lots must adhere to the zoning requirements of the district in which they are located. Lots that are seeking to be combined which have differing zoning designations must seek a rezone having only one zoning designation as a condition of any lot combination.
7.
The combination of lots shall be recorded with the County.
8.
The combined lots shall have a minimum frontage of twenty (20) feet to public right-of-way or a common driveway may be recorded under an access easement or tract.
9.
The common driveway must have a shared maintenance agreement to ensure long-term upkeep of the shared access.
10.
The common driveway must be a minimum nine (9) feet in width.
11.
The access easement for the common driveway shall be a minimum of twenty (20) feet.
12.
The shared maintenance agreement must outline the financial and operational responsibilities of each lot owner utilizing the driveway.
E.
Enforcement and Compliance.
1.
Any lot split or lot combination in violation of this ordinance shall be deemed unlawful and subject to penalties as prescribed by local regulations.
2.
All lot splits and lot combination applications will be reviewed and approved through the Community Development Department or their designee, if all regulations are met without the need for a variance, a rezone, or conditional use permits.
(Ord. No. 2025-01, § 2, 4-7-25)