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Tigard City Zoning Code

PART 18

800 LOT CREATION AND MODIFICATION

§ 18.805.010 Purpose.

The purpose of this chapter is to provide standards for the creation or modification of lots.
(Ord. 22-06 §2)

§ 18.805.020 Applicability.

The standards of this chapter apply to new lots that are created through a partition or subdivision and to existing lots that are reconfigured through a lot line adjustment or lot consolidation. Additional lot standards may apply to certain types of uses or development as provided in this title.
(Ord. 22-06 §2)

§ 18.805.030 Residential Lot Standards.

A. 
Lot size. Dimensional standards for lots created or configured for residential development are provided in Table 18.805.1 for all zones where residential development is allowed.
Table 18.805.1
Dimensional Standards for Residential Lots by Housing Type
Standard
RES-A
RES-B
RES-C
RES-D
RES-E
MU-CBD
MUC
MUR
Minimum Lot Size (ft)
Apartments
 
 
 
3,000
1,480
None
None
None
Cottage Cluster
20,000
7,500
7,000
7,000
 
 
 
7,000
Courtyard Unit
20,000
7,500
7,000
7,000
 
 
 
7,000
Quad
10,000
7,500
5,000
3,000
 
 
 
None
Rowhouse
1,500
1,500
1,250
750
None
None
 
None
Small Form Residential
20,000
7,500
5,000
3,000
 
 
 
 
Maximum Lot Size (ft)
Apartments
 
 
 
None
None
None
None
None
Cottage Cluster
32,499
32,499
32,499
32,499
 
 
 
32,499
Courtyard Unit
25,999
25,999
25,999
25,999
 
 
 
25,999
Quad
11,500
9,000
6,250
6,250
 
 
 
5,000
Rowhouse
3,000
3,000
1,750
1,250
1,000
None
 
870
Small Form Residential
25,000
9,375
6,250
3,750
 
 
 
 
Minimum Lot Width (ft)
Apartments
 
 
 
None
None
None
None
None
Cottage Cluster
75
50
50
None
 
 
 
None
Courtyard Unit
75
50
50
50
 
 
 
None
Quad
75
50
50
None
 
 
 
None
Rowhouse
25
25
20
None
20
None
 
16
Small Form Residential
100
50
50
None
 
 
 
 
B. 
Lot shape. Each lot for quad, rowhouse, or small form residential development must be rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented must not contain cumulative lateral changes in direction that exceed 10% of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C.
C. 
Lot frontage. Each lot must have a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots:
1. 
Flag lots and rowhouse lots must have a minimum of 15 feet of frontage on a public or private right-of-way;
2. 
Lots with curved frontages along cul-de-sacs or eyebrows must have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and
3. 
Lots at the terminus of a private street must have a minimum of 20 feet of frontage on a private right-of-way.
D. 
Flag lots. Flag lots may only be created or configured through the provisions of Chapter 18.810, Lot Line Adjustments And Lot Consolidations or Chapter 18.820, Land Partitions. Flag lots are subject to the following:
1. 
The minimum lot width and depth of a flag lot is 40 feet and is measured as provided in Section 18.40.080, and
2. 
Any lot line may be designated as the front lot line provided that no side setback is reduced to less than 10 feet.
(Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)

§ 18.805.040 Nonresidential Lot Standards.

There are no minimum lot size or lot width standards for nonresidential or mixed-use development.
(Ord. 22-06 §2; Ord. No. 24-05, 4/23/2024)

§ 18.810.010 Purpose.

The purpose of this chapter is to provide rules, regulations, and criteria governing approval of lot line adjustments and lot consolidations.
(Ord. 17-22 §2; Ord. 22-06 §2)

§ 18.810.020 Approval Process.

A. 
Approval process. A lot line adjustment and consolidation application is processed through a Type I procedure, as provided in Section 18.710.050.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.810.030 General Provisions.

A. 
Conditions. Lots reconfigured using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through a lot creation or modification process, other than a sublot plat.
B. 
Exemptions from dedications. A lot line adjustment or lot consolidation is not considered a development action for purposes of determining whether special flood hazard area, greenway, or right-of-way dedication is required.
(Ord. 22-06 §2)

§ 18.810.040 Approval Criteria-Preliminary Plat.

The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met:
A. 
The reconfiguration of lot lines must not result in the creation of an additional lot.
B. 
The reconfigured lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards.
C. 
All pre-existing buildings and structures on the reconfigured lots must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards.
D. 
Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved lot line adjustment or lot consolidation.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.810.050 Recording Lot Line Adjustments and Lot Consolidations.

A. 
Recording requirements. Upon approval of the proposed lot line adjustment or lot consolidation, the applicant must record the lot line adjustment or lot consolidation with Washington County and submit a copy of the recorded survey map to the city, to be incorporated into the record.
B. 
Time limit. The applicant must submit the copy of the recorded lot line adjustment or lot consolidation survey map to the city prior to the issuance of any development permits on the re-configured lots.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.820.010 Purpose.

The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions.
(Ord. 17-22 §2; Ord. 22-06 §2)

§ 18.820.020 General Provisions.

A. 
Conformance with state statute. All land partition proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivision and Partitions.
B. 
Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan.
C. 
Prohibition on sale of lots. Sale of lots created through the land partitioning process is prohibited until the final partition plat is recorded.
D. 
Conditions. Lots created using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.820.030 Approval Process.

A. 
Approval through two-step process. A land partition application requires a two-step process: the preliminary plat and the final plat.
1. 
Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060.
2. 
Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.820.040 Approval Criteria-Preliminary Plat.

The approval authority will approve or approve with conditions an application for a land partition when all of the following are met:
A. 
The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code;
B. 
There must be adequate public facilities available to serve the proposed lots;
C. 
The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards, except that maximum lot sizes are increased by 20% for small form residential development.
D. 
All pre-existing buildings and structures must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards.
E. 
Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.820.050 Final Plat Submittal Requirements.

A. 
Submittal. All final plats applications for land partitions must provide three copies of the final plat prepared by a land surveyor or engineer licensed to practice in Oregon, and any necessary data or narrative. The final plat must incorporate any conditions of approval imposed as part of the preliminary plat approval.
B. 
Standards. The final plat and data or narrative must be drawn to the standards provided in the Oregon Revised Statutes (ORS 92.05) and by Washington County.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.820.060 City Acceptance of Dedicated Land.

A. 
Acceptance of dedications. The City Engineer will accept the proposed right-of-way dedication prior to recording a land partition.
B. 
Acceptance of public easements. The City Engineer will accept all public easements shown for dedication on partition plats.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.820.070 Recording Partition Plats.

A. 
Recording requirements. Upon approval of the proposed partition, the applicant must record the final partition plat with Washington County and submit a copy of the recorded survey map to the city, to be incorporated into the record. This plat must be recorded with any deed restrictions required as a condition of approval.
B. 
Time limit. The applicant must submit the copy of the recorded partition survey map to the city prior to the issuance of any development permits on the newly created lots.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.830.010 Purpose.

The purpose of this chapter is to provide rules, regulations, and standards governing approval of subdivisions.
(Ord. 17-22 §2; Ord. 22-06 §2)

§ 18.830.020 General Provisions.

A. 
Conformance with state statute. All subdivision proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivisions and Partitions.
B. 
Lot averaging. Lot area or width may be reduced to allow lots less than the minimum applicable standard provided the average lot area or width for all lots in the subdivision is not less than that required. All lots created under this provision must be at least 80% of the minimum required lot area or width.
C. 
Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as provided in Chapter 18.440, Temporary Uses.
D. 
Minimize flood damage. All subdivision proposals must be consistent with the need to minimize flood damage.
E. 
Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan.
F. 
Need for adequate utilities. All subdivision proposals must have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
G. 
Need for adequate drainage. All subdivision proposals must have adequate drainage provided to reduce exposure to flood damage.
H. 
Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for subdivision proposals and other proposed developments that contain at least 50 lots or five acres (whichever is less).
I. 
Prohibition on sale of lots. Sale of lots created through the subdivision process is prohibited until the final subdivision plat is recorded.
J. 
Prohibition on flag lots. The creation of flag lots through a subdivision is prohibited.
K. 
Conditions.
1. 
Lots created using the dimensional standards for cottage cluster, courtyard unit, quad, and row-house development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat.
2. 
The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjacent undeveloped properties.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.830.030 Approval Process.

A. 
Approval through two-step process. A subdivision application requires a two-step process: the preliminary plat and the final plat.
1. 
Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060. An application for a preliminary plat may be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments.
2. 
Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.830.040 Approval Criteria-Preliminary Plat.

The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met:
A. 
The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code;
B. 
The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards.
C. 
The proposed plat name must not be duplicative and must satisfy the provisions of ORS Chapter 92;
D. 
The streets and roads must be laid out so as to conform to the plats of subdivisions and partitions already approved for adjacent property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and
E. 
An explanation must be provided for all common improvements.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)

§ 18.830.050 Approval Criteria-Final Plat.

A final plat will be approved when all of the following are met:
A. 
The final plat complies with the preliminary plat approved by the approval authority and all conditions of approval have been met;
B. 
The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities;
C. 
The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the city;
D. 
The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal, and water supply systems;
E. 
An explanation is included that explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat;
F. 
The plat complies with the applicable zoning ordinance and other applicable regulations;
G. 
A certification by the appropriate water provider that water will be available to the lot line of each lot depicted on the plat or bond, contract, or other assurance has been provided by the applicant to the city that a domestic water system will be installed by or on behalf of the applicant to the lot line of each lot depicted on the plat. The amount of the bond, contract, or other assurance by the applicant must be determined by a registered professional engineer, subject to any change in amount as determined necessary by the city;
H. 
A certificate has been provided by the city's engineering department that a sewage disposal system will be available to the lot line of each lot depicted in the proposed plat;
I. 
Copies of signed deeds have been submitted granting the city a reserve strip as provided by Subsection 18.830.040.B;
J. 
The plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92[.060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location;
K. 
The plat includes any deed restrictions imposed as a condition of approval;
L. 
The plat includes all tracts and easements proposed by the applicant in the preliminary plat or imposed as a condition of approval; and
M. 
All improvements have been installed in accordance with these regulations and with preliminary plat approval.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2)

§ 18.830.060 Bond.

A. 
Performance guarantee required. The applicant must file with the agreement an assurance of performance supported by one of the following:
1. 
An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;
2. 
A surety bond executed by a surety company authorized to transact business in the State of Oregon that remains in force until the surety company is notified by the city in writing that it may be terminated; or
3. 
Cash.
B. 
Determination of sum. The assurance of performance will be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.
C. 
Itemized improvement estimate. The applicant must furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance.
D. 
When applicant fails to perform. In the event the applicant fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city may call on the bond, cash deposit, or letter of credit for reimbursement.
E. 
Termination of performance guarantee. The applicant may not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2)

§ 18.830.070 Filing and Recording.

A. 
Filing. Within 60 days of the city review and approval, the applicant must submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and Section 18.830.060. This plat must be recorded with any deed restrictions required as a condition of approval.
B. 
Proof of recording. Upon final recording with the county, the applicant must submit to the city a mylar copy of the recorded final plat and a copy of recorded deed restrictions. This must occur prior to the issuance of development permits for the newly created lots.
C. 
Prerequisites to recording the plat.
1. 
No plat will be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;
2. 
No plat will be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.830.080 Plat Vacations.

A. 
Timing of vacations. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision.
B. 
Compliance with other provisions of this chapter. All applications for a plat vacation must be made in compliance with Sections 18.830.020 and 18.830.030 and Subsection 18.830.070.A.
C. 
Basis for denial. The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets, or alleys.
D. 
Timing of vacations. All approved plat vacations must be recorded in compliance with this section:
1. 
Once recorded, the vacation will operate to eliminate the force and effect of the plat prior to vacation; and
2. 
The vacation will also divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described on the plat.
E. 
After sale of lots. When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)

§ 18.840.010 Purpose.

The purpose of this chapter is to:
A. 
Provide local rules, regulations, and standards for dividing a lot into sublots and tracts to meet the requirements of state law for middle housing land divisions;
B. 
Provide a legal distinction between the primary lot and the sublots and tracts created by a sublot plat;
C. 
Ensure adequate public facilities, including infrastructure for transportation, water supply, sanitary sewer, and stormwater; and
D. 
Require adequate documentation of the ownership of shared lot elements and the associated responsibility for their maintenance.
(Ord. 22-06 §2)

§ 18.840.020 Applicability.

A. 
Applicability. The provisions of this chapter apply to the platting of sublots and tracts on a lot containing or proposed to contain one of the following types of development:
1. 
Cottage Clusters,
2. 
Courtyard Units,
3. 
Rowhouses,
4. 
Small Form Residential, or
5. 
Accessory Dwelling Units.
B. 
Prohibitions. Stacked dwelling units are prohibited from being divided using the provisions of this chapter.
(Ord. 22-06 §2)

§ 18.840.030 General Provisions.

A. 
Conformance with state statute. All sublot plat proposals must comply with all state regulations.
B. 
Resultant land units. The units of land created by a sublot plat are either sublots or tracts and are collectively considered to be a single lot for all but platting and property transfer purposes. All of the provisions of this title continue to apply to the lot and existing or future development on the lot, including but not limited to, the following:
1. 
Lot standards such as size, setbacks, lot coverage, and lot width and depth;
2. 
Designation of housing types on the lot; and
3. 
Allowed number of dwelling units.
C. 
Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan.
D. 
Need for adequate utilities. All sublot plat proposals must provide adequate public utilities and facilities such as sanitary sewer, stormwater, gas, electrical, and water systems to each unit, subject to the standards of each utility provider, and the provisions of Sections 18.910.150 and 18.910.170.
E. 
Need for adequate drainage. All sublot plat proposals must have adequate drainage provided to reduce exposure to flood damage.
F. 
Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for sublot plat proposals and other proposed developments that contain at least 50 units or five acres (whichever is less).
G. 
Adjustments. Adjustments to sublot plat regulations must be made in compliance with Chapter 18.715, Adjustments. Any adjustment request must be processed concurrently with the sublot plat proposal.
H. 
Prohibition on sale of lots. Sale of sublots created through the sublot plat process is prohibited until the final plat is recorded.
I. 
Prohibition on further division. Further division of sublots is prohibited.
(Ord. 22-06 §2)

§ 18.840.040 Approval Process.

A. 
Approval through two-step process. A sublot plat application is processed through a two-step process: the preliminary sublot plat and the final sublot plat.
1. 
Preliminary sublot plat. A preliminary plat application is processed through a Type II-Modified procedure, as provided in Section 18.710.070. An application for a preliminary sublot plat may be submitted:
a. 
Concurrently with development permits or applications for site development review or planned development review; or
b. 
At any time after a middle housing development has passed final building inspection or received permanent certificates of occupancy for all units proposed to be included in the sublot plat.
2. 
Final sublot plat. A final sublot plat may only be submitted after the preliminary sublot plat has been approved, and after all development permits have been issued and foundation inspections have been approved for all units proposed to be included in the sublot plat. The final sublot plat must satisfy all conditions of approval from the preliminary sublot plat approval.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 22-06 §2)

§ 18.840.050 Approval Criteria-Preliminary Sublot Plat.

The approval authority will approve or approve with conditions an application for a preliminary sublot plat when all of the following are met:
A. 
The proposed sublots and tracts must comply with the following standards:
1. 
Each sublot must contain only one dwelling unit.
2. 
Each sublot line must be a minimum of 1.5 feet from the footprint of the associated dwelling unit, except where dwelling units share a common wall; and
3. 
Each sublot line must be a maximum of three feet from the footprint of the associated dwelling unit, except that a single sublot line along a side or rear facade of a unit may be located a maximum of 15 feet from the footprint of the dwelling unit along that facade for the purpose of providing a private outdoor area that meets the following:
a. 
The area must be contiguous;
b. 
The area must be 200 square feet or less, measured as shown in Figure 18.840.1;
c. 
The area must not have any internal dimension of less than five feet; and
d. 
The area must be accessible from a first-story entrance that is not the primary entrance to the dwelling unit.
4. 
All remaining portions of the lot must be placed in one or more tracts under common ownership.
B. 
All utilities within a sublot that serve other sublots must be placed in easements.
C. 
The proposed plat name must not be duplicative.
Figure 18.840.1 Sublot Private Space Adjacent to Required Sublot Line Setbacks
Title 18-Image-81.tif
(Ord. 22-06 §2)

§ 18.840.060 Approval Criteria-Final Sublot Plat.

A final sublot plat will be approved when all of the following are met:
A. 
The final sublot plat substantially conforms to the approved preliminary sublot plat and all conditions of approval have been met.
B. 
The final plat includes the following:
1. 
A note prohibiting further division of the sublots;
2. 
Labels and descriptions for all tracts;
3. 
A reference to any deed restrictions imposed on the lot or sublots as a condition of approval of the original lot creation, sublot plat, or development approval; and
4. 
An affidavit by the surveyor who surveyed the land represented on the plat indicating the land was correctly surveyed and marked with proper monuments and indicating the initial point of the survey, and giving the dimensions and kind of each monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location.
C. 
The city's engineering department has provided written confirmation that a sewage disposal system will be available to the sublot line of each sublot depicted in the final sublot plat.
D. 
All public improvements have been installed and inspected in accordance with Section 18.910.190 and have been approved in accordance with Section 18.910.200.
E. 
A copy of the recorded document establishing a homeowners association to manage all commonly held areas located in tracts has been provided to the city. At a minimum this document must include the following:
1. 
A description of the common elements located in tracts.
2. 
An allocation to each unit included in the sublot plat of an undivided and equal interest in the common elements and the method used to establish the allocation.
3. 
An establishment of use rights for common elements, including responsibility for enforcement, and
4. 
A maintenance agreement for common elements, including an allocation or method of determining liability for a failure to maintain.
(Ord. 22-06 §2)

§ 18.840.070 Bond.

The bonding requirements of Section 18.830.060 apply.
(Ord. 22-06 §2)

§ 18.840.080 Filing and Recording.

The filing and recording requirements of Section 18.830.070 apply.
(Ord. 22-06 §2)

§ 18.840.090 Plat Vacations.

The plat vacation requirements and procedures of Section 18.830.080 apply.
(Ord. 22-06 §2)