For all cases of subdividing and development within the scope of this chapter, or where construction of improvements is desired for commercial or industrial purposes, or for any purpose where the general public is invited, a preliminary and a final plat of the land in question shall be drawn and submitted to the Planning Commission and City Council for their approval or disapproval, as provided in this chapter.

In order to provide adequate information for evaluation and decision by the Planning Commission and the City Council, and to provide documentation of intent for public record, the following requirements are mandatory:

1.

Any rezoning request to rezone property to any residential zoning district including R-l-D, R-l-A, R-2, R-3, R-4, R-E, R-MH-1, R-MH-2, PUD, and SPUD, which includes any amount of unplatted land shall be accompanied by a preliminary plat of the land in question, and any adjacent land in which the applicant owns any interest, direct or indirect or which is under option to buy by the applicant; provided, however, that any land for which a plat is not required as a prerequisite for a building permit is exempted from this requirement. The preliminary plat shall be submitted for consideration as an agenda item before the Planning Commission simultaneously with the rezoning request;

2.

Any rezoning requesting to rezone property to any zoning district not listed in subsection 1. above, including C-1, C-2, C-3, C-4, 1-1, 1-2, 1-3, 0-1, and 0-2, and which includes any amount of unplatted land shall be accompanied by a general sketch plan of the land in question, and any adjacent land in which the applicant owns any interest, direct or indirect or which is under option to buy by the applicant; provided, however, that any land for which a plat is not required as a prerequisite for a building permit is exempted from this requirement. The sketch plan shall be submitted for consideration as an agenda item before the Planning Commission simultaneously with the rezoning request;

3.

No preliminary or final plat may be considered for acceptance by the Planning Commission or by the City Council until the proper zoning in terms of density, lot size, and land use is in full force and effect regarding the subject property.

(Ord. No. 620, § 1, 4-21-25)

Each plat submitted for preliminary or final approval shall be placed on the Planning Commission's agenda only after fulfilling the appropriate requirements of this chapter.

A.

To defray the costs of notification and of field, engineering and special studies, a filing fee shall be paid to the City clerk as follows:

1.

Upon filing of the preliminary plat a fee established by Resolution of the City Council.

2.

In the event the charges made by the City Engineer and the Fire Chief for their respective studies of the preliminary and final plats shall exceed the total fee paid by the developer under paragraph A(1) hereinabove, the City clerk shall assess a supplemental fee sufficient to reimburse the City for the charges and expenses which fee shall be assessed and paid prior to the submission of the final plat for approval by the City Council.

B.

Where only a portion of an approved preliminary plat is submitted for final platting, a final plat of the remaining area may be submitted at any time within five (5) years of the preliminary plat approval without payment of an additional filing fee by the subdivider if the final plat for the additional area conforms substantially with the approved preliminary plat.

C.

After a period of five (5) years from the date of approval of the preliminary plat the Planning Commission may review the approved preliminary plat in the instance of changed circumstances and conditions. In any instance where a final plat includes a rerouting of a collector street, a change in relationship between uses of land or a request for a change of specific elements of a preliminary plat, then the preliminary plat shall be reviewed, and if the five (5) year period has expired, the subdivider shall pay a full plat filing fee on that part of the preliminary plat not previously filed of record as a final plat.

Prior to the filing of a preliminary plat and payment of any filing fee, a person who wishes to propose a subdivision of land for informal consideration by the Planning Commission may file with the Planning Commission a sketch of the proposed subdivision which indicates, in general, the area to be subdivided, the street layouts, lots and blocks and the general nature of improvements. The sketch may be in freehand pencil form. Such sketch plat is to be for informational purposes only and shall be neither approved nor disapproved formally by the Planning Commission. The Planning Commission may, should it choose, make recommendations to the person submitting the sketch plat of items to be incorporated in the preliminary plat. No recommendations made or any other action taken by the Planning Commission concerning the sketch plat shall in any way be binding upon the Planning Commission or the City. No sketch plat shall be required as a condition precedent to the filing of a preliminary plat. The filing of a sketch plat shall not require the payment of any filing fee.

No plat or description of land subdivision shall be filed in the office of the County Clerk, until it has received preliminary and final approval by the Planning Commission, and final approval by the City Council as required by law. All final plats shall be filed, if approved by the City Council, within ninety (90) days of the date of approval by the City Council; and no lots shall be sold from any plat until it has been recorded as herein provided. Failure to record such approved plat within the ninety (90) day period shall void all approvals thereto.

No building permit shall be issued for any purpose with respect to any tract within a suburban or an urban area or within property zoned for commercial or industrial purposes until a final plat has been duly processed as required by law and filed of record.

The Planning Commission and the City Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter to the end that the public is informed and that approval of plats be expedited. This chapter may be enlarged or amended by the City Council after public hearing, due notice of which shall be given as required by law.

If any provision, clause, part or portion of this chapter is held to be invalid, or to be in conflict with any lawful order, rule or regulation of the state, or any of its agencies which the order, rule or regulation lawfully supersedes the provisions of this chapter, by a court of competent jurisdiction and by final order, the remaining provisions, clauses, parts or portions thereof shall remain in full force and effect.

A.

Any person convicted of violating any section in Part 12, Chapters 1, 2, 3, 4, 5 or 6 of this Code of Ordinances shall be guilty of an offense, and shall be punished by a fine not to exceed $750.00.

B.

The distribution, growing, processing, testing, researching or possession of marijuana for the purpose of sale, exhibition or display, in any place of business without being in the appropriate zoning area and use classification area is declared to be a public nuisance and may be abated by the city or any other person. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this Code.

(Ord. No. 572, § 18)