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Tolleson City Zoning Code

ARTICLE 12

2: - SUBDIVISIONS

§ 12-2-1 - DEFINITIONS.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGREED SCHEDULE. A time schedule agreed upon by the subdivider and the Planning and Zoning Commission for the installation of required public improvements and the sequence in which each will be installed.

ALLEY. A minor public right-of-way used primarily for vehicular access to the rear or side of properties otherwise abutting on a street.

ASSURANCE OF COMPLETION. A contract secured by a bond in an amount and with surety satisfaction to the City Engineer, guaranteeing completion of public improvements which are shown on the subdivision preliminary plan.

BOARD OF SUPERVISORS. The chief legislative body of the County of Maricopa.

BUILDING SETBACK LINE. The line indicating the minimum horizontal distance between the street line, right-of-way and buildings or any projection thereof, other than steps, eaves or overhangs.

CROSSWALK. A public right-of-way used primarily for pedestrian travel through or across any portion of a block.

CUL-DE-SAC. A short, minor street having but one end open for motor traffic; the other being terminated by a vehicular turn-around.

EASEMENT. A grant by a property owner of the use, for a specific purpose or purposes, of a designated strip of land to the general public, a corporation or other individuals.

LOT. A portion of a subdivision intended as a unit for transfer of ownership or for development or both, and having frontage on a dedicated street. In determining the area and dimensions of a lot, no part of the right-of-way of a street or crosswalk may be included.

LOT FRONTAGE. The front dimension of a lot measured along the street right-of-way.

LOT WIDTH. The width of the lots at the building line measured parallel to the street right-of-way.

MAJOR STREET PLAN OR OFFICIAL MAP. A part of the master plan showing the location and dimensions of principal thoroughfares. (Land shown in parks along the thoroughfares is not deemed part of the street right-of-way.)

MAJOR THOROUGHFARES. A street of great continuity, existing or planned which serves or is intended to serve foreign and local traffic, and which is designated on the major street plan as a limited access highway, major street, thoroughfare, parkway or other term to identify those streets comprising the basic structure of the street system of the city and surrounding area. MAJOR THOROUGHFARES are only those streets designated on the master street plan, including additions or corrections thereto.

MASTER PLAN. The comprehensive plan made by the city and adopted by the Council which indicated the physical development of the city all as provided by law; the term includes any unit or part of the plan separately adopted and any amendment to the plan or parts thereof.

OFFICIAL MAP. The map established by the Council as provided by law, showing the streets theretofore existing and established by law as public streets and any amendments thereto adopted by the Council, as appropriate, or additions thereto resulting from approval of subdivision plats and the subsequent recording of the approved plats.

PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the city.

PLANNING DEPARTMENT. The City Planning Department.

PLAT OF SUBDIVISION. A map showing the division of any tract of land into two or more parcels, and prepared for the purpose of recording.

PROTECTIVE COVENANT. A restriction on the use of private property within a subdivision for the purpose of providing mutual protection against undesirable aspects of development. PROTECTIVE COVENANTS regulating the use of land represent and express agreement between the subdivider and the lot purchaser.

PUBLIC IMPROVEMENTS. Any of the following: road way pavement, curbs, gutters, sidewalks, crosswalks, watermains, sanitary and storm sewers and appurtenant construction as related to the subdivision preliminary plan.

SIDEWALKS. The portion of a street or crosswalk, paved or otherwise surfaced, intended for pedestrian use only.

STREET. A right-of-way designed for vehicular and pedestrian traffic regardless of its designation by name, such as street, thoroughfare, avenue, lane, place, drive or the like.

STREET - ACCESS OR FRONTAL. A street running parallel to or adjacent to or in the immediate vicinity of a major street or highway and which has as its purpose the relief of the major street from the local service of abutting properties.

STREET - MINOR. A street of limited continuity which serves or is intended to serve the local needs of a neighborhood.

STREET - SECONDARY OR COLLECTOR. A street designed to serve as an important trafficway for a neighborhood or as a feeder to a thoroughfare. The determination of street classification in any specific instance shall rest with the Council.

STREET STANDARDS. The city standard specifications, as adopted or amended. (MAG specs)

SUBDIVIDER. Any person, firm or corporation acting as a unit, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as defined herein.

SUBDIVISION. A division of land into two or more lots, tracts or parcels for the purpose of financing, sale or lease, whether immediate or future, except for division of land which qualifies as a lot split as specified in § 12-2-23 of this article and any division of land located in a zoning district zoned commercial or industrial, which land is subject to and encumbered by an enforceable development agreement, signed by the city, which complies with the provisions of A.R.S. § 9-500.05, and amendments thereto, and which development agreement expressly waives the application of this article.

SUBDIVISION PRELIMINARY PLAN. A drawing showing a proposed subdivision of land together with the public improvements which are to be installed therein.

(Ord. 502, N.S., passed 12-14-2010)

§ 12-2-2 - PRELIMINARY PLAN.

(A)

The subdivision preliminary plan is intended to precede and supplement the final plat of subdivision which is to be recorded. Its purpose is to show all facts needed to enable the administrative officers of the city to determine whether the proposed layout of the land in question and the proposed public improvements are satisfactory from the stand point of public interest. All required engineering and surveying work must be performed by or under the supervision of a registered engineer or surveyor, as the case may be, registered in accordance with the provisions of the Arizona State Board of Registration for Professional Engineers and Land Surveyors.

(B)

The following graphic descriptive items are required to be shown on a subdivision preliminary plan:

(1)

Items pertaining to title.

(a)

Proposed name of the subdivision, which shall not duplicate or too closely approximate, phonetically, the name of any other subdivision in Tolleson, city or county;

(b)

Location by section, township, range, county, state;

(c)

Names, addresses and phone numbers of owner, developer and engineer responsible for engineering details;

(d)

Scale: The plan shall be submitted at any of the following scales: One inch equals 40, 50, 60, 100 or 200 feet to the inch;

(e)

Date; and

(f)

North point.

(2)

Existing items pertaining to plan.

(a)

Boundary of the proposed subdivision accurately indicated by a heavy solid line;

(b)

Locations, width and names of all existing or platted streets or other public ways; railroad and utilities rights-of-way; parks and other public open spaces; permanent buildings; section and corporation lines; within or adjacent to the tract;

(c)

Location of nearest public utilities;

(d)

Names of adjacent subdivision and owners of adjoining parcels or un-subdivided land (shown by dotted lines);

(e)

Zoning districts of property to be subdivided and all abutting properties;

(f)

Existing contours with intervals to be determined by the City Engineer. Elevations shall be based on sea level or city datum;

(g)

Irrigation or drainage canals, and any other significant physical items; and

(h)

Description of benchmark or primary control points used.

(3)

Items pertaining to proposed development.

(a)

Layout of streets, including names and widths of proposed streets and width of crosswalks and easements. Proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other street within the city;

(b)

Layout, numbers and approximate dimensions of lots;

(c)

Parcels of land intended to be dedicated, temporarily reserved for public use, or to be reserved for deed covenant for use of all property owners in the subdivision and the conditions (if any) of the dedication or reservation;

(d)

Building setback lines, shown graphically along all streets, with dimensions;

(e)

Indication of any or all lots on which a use other than residential is proposed by the developer. This does not constitute approval of the zoning by the Planning and Zoning Commission at the time of subdivision approval or in the future; and

(f)

All public improvements proposed or as required by §§ 12-2-60et seq.

(4)

Additional information. The following information shall be submitted to and approved by the City Engineer prior to approval of a preliminary plan.

(a)

Typical street cross-sections (or half-sections) at a scale not smaller than one-quarter inch equals one foot showing widths of roadways, and location and widths of sidewalks. Where considerable cut and fill are involved, or whether grading will affect adjacent properties, several actual cross-sections showing proposed grading may be required and their locations indicated on the plan;

(b)

Profile of each street and alley, with tentative grades (including adequate extension, where necessary, beyond subdivision boundaries) including any proposed sewer lines and manholes;

(c)

Plan and profiles of proposed sanitary, storm water or combined sewers, with grades and pipe sizes. Drainage area shall also be shown. A closed level circuit shall be established with benchmarks in order to insure a proper drainage pattern between existing and newly constructed streets; and

(d)

1. Where it is necessary for access to trunk or lateral connections across or between lots, the developer shall provide not more than ten-foot wide easements and incorporate easements on the plans submitted for approval.

2.

Scale:

a.

Horizontal: Same as plan; and

b.

Vertical: one inch equals ten feet.

(Am. Ord. 502, N.S., passed 12-14-2010; Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-20 - PRE-APPLICATION PROCEDURE.

(A)

While the subdivision is still in preliminary planning stage, it is recommended that the subdivider consult the Manager's office to determine conformity to the master plan, including the major street plan and official map, the zoning code, and compliance with these regulations, rules of procedure and requirements for the design and installation of public improvements as required by the city.

(B)

Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission.

(C)

Favorable consideration by the Manager's office under no circumstances shall be construed as preliminary or tentative approval.

§ 12-2-21 - PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT.

(A)

On reaching conclusion, informally as described in § 12-2-20 regarding the subdivider's general program and objectives, the subdivider shall cause to be prepared a preliminary plat, as specified in § 12-2-2, together with other supplementary material as deemed necessary by the Manager's office or other departments of the city government regulating installation of public improvements.

(B)

Within 30 days after the submission of the preliminary plat and other materials submitted for conformity thereof to these regulations and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him or her, the Administrative Staff shall recommend its recommendation as conditional approval and state the conditions of the approval, if any, or if disapproved, shall express its disapproval and its reasons therefore by letter, noting reasons therein, including citation of, or reference to, the rules and regulations violated by the plat.

(C)

The City Council shall review the preliminary plat, the Planning Commission's recommendation and approve or reject the preliminary plat. The reasons for a rejection of the preliminary plat shall be made on the record of the City Council. The action of the City Council shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the City Council.

(D)

Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the City Council and the Council upon fulfillment of the requirements of these regulations and the conditional approval, if any.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-22 - PROCEDURE FOR APPROVAL OF FINAL PLAT.

(A)

The final plat to be prepared as specified in §§ 12-2-40et seq. shall conform substantially to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time; provided, however, that, the portion conforms to all requirements of these regulations.

(B)

The original and four copies of the final plat, and other supplementary material required for approval, shall be submitted. It shall also be required that the above material be submitted within six months after approval of the preliminary plat; otherwise, the approval shall become null and void unless an extension of time is applied for and granted by the Zoning Administrator. The filing of a unit of the preliminary plat automatically extends approval of the preliminary plat for six months.

(C)

Within 30 days after the submission of the final plat and supplementary material required for approval, the Zoning Administrator shall recommend its final actions, except as provided in § 12-2-61.

(D)

The Zoning Administrator shall take final action on any final plat, based upon staff recommendation, and application of the City Code to the plat.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-23 - PROCEDURE FOR APPROVAL OF LOT SPLIT.

(A)

Any division of land into three or fewer parts in which no right-of-way dedication, utility extension or other off-site public improvement are involved may be processed as a lot split subject to approval by the City Manager and City Engineer.

(B)

Any proposed lot split shall be submitted to the Development Services Department to determine compliance with applicable platting, subdividing and zoning regulations. The City Manager or City Engineer may require the submittal of any additional information as is pertinent to make this determination.

(C)

The plat shall be prepared by an Arizona registered surveyor or professional engineer on mylar 24 inches by 36 inches with a two-inch left margin, suitable for recording, and shall include provisions for the signature by the Mayor, City Manager, and City Engineer.

(Am. Ord. 502, N.S., passed 12-14-2010; Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-24 - FILING FEES.

Each subdivision, as defined herein, shall be accompanied by a completed application form as provided by the city, and a non-returnable/non-refundable filing fee in accordance with the fee schedule adopted by the city. Each submission of a preliminary plat for conditional approval in accordance with § 12-2-21 shall be accompanied by non-returnable/non-refundable per page review fee in accordance with the fee schedule adopted by the city. Each submission of a final plat for final approval in accordance with of § 12-2-22 shall be accompanied by a non-returnable/non-refundable per page review fee in an amount adopted by City Council by resolution and set forth in the citywide fee schedule.

(Ord. 349, N.S., passed 5-28-1996; Am. Ord. No. 615 N.S., § 6(Exh. A), passed 3-25-2025)

§ 12-2-40 - FINAL PLAN OF SUBDIVISION.

No subdivision as defined by this article shall be made of land without the preparation and recording of a plat of subdivision, as defined in § 12-2-1 of this article, in accordance with the provisions of the rules and regulations; except as exempted from the platting by § 12-2-23 of this article. The final plat of subdivision is the official recordable plat. It shall be submitted within six months following the Zoning Administrator's authorization to proceed under the provisions of the subdivision preliminary plan.

(Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-41 - FINAL PLAT.

(A)

The final plat shall be drawn on mylar or an approved permanent reproducible material, exactly 24 inches by 36 inches.

(B)

The final plat shall be submitted only at one of the following scales:

(1)

One inch equals 40, 50, 60, 100 or 200 feet to the inch; and

(2)

It is preferred that the scale be one inch equals 100 feet.

(C)

Where necessary, the plat may be submitted on several sheets and accompanied by an index sheet showing the entire subdivision.

(Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-42 - RECORDING PLATS.

(A)

The recording plats shall be exact duplicates of the final plat. The recording plats shall be reproduced on an approved paper stock exactly 24 inches by 36 inches.

(B)

The recording plats shall be submitted at the same scale as the final plat.

(Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-43 - ITEMS REQUIRED TO BE SHOWN ON FINAL PLAT.

(A)

Items pertaining to title.

(1)

Name of subdivision and unit number;

(2)

Location by section, township, range, county, state;

(3)

Names, addresses and phone numbers of owners, engineers and surveyors including the engineer's or surveyor's seal properly affixed;

(4)

Scale;

(5)

Date; and

(6)

North point.

(B)

Graphic items pertaining to plat.

(1)

Boundary of the proposed subdivision with accurate distance and bearings to primary control points;

(2)

Exact location and width of all streets and alleys within and adjoining the plat;

(3)

Names of streets within and adjoining the plat. All streets must be named. The names of new streets shall not duplicate or too closely approximate, phonetically, the name of any other street in the city;

(4)

Bearings and distance to the nearest established street lines or political subdivision boundaries, or section or patent corners or other official monuments;

(5)

Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings;

(6)

All easements for rights-of way provided for public services or utilities, including purposes and any limitations of the easements;

(7)

All lot lines, numbers or letters, with accurate dimensions in feet and hundredths and with bearings or angles related to street and alley lines;

(8)

Accurate description of location of all monuments or markers used. These monuments or markers shall have been located and in place prior to approval of final plat. Monuments or markers to be constructed in accordance with city standard specifications, as adopted or amended, and located as specified by the City Engineer;

(9)

Accurate outlines of any areas to be dedicated for public use, with the purpose indicated thereon; and of any area to be reserved by deed covenant for common use of all property owners in the subdivision; and

(10)

Building setback lines, shown graphically along all streets, with dimensions.

(C)

Other items to be shown on final plat.

(1)

Any restrictive covenants to apply to lots in the subdivision other than those set forth in the zoning code, or other ordinances of the city, shall be signed by the owner(s) and shall be printed in the subdivision plat or recorded in the office of the Recorder of Maricopa County with a notation on the plat. If restrictive covenants are filed or altered after the final plat has been recorded, a certified copy of the same shall be furnished to the City Engineer;

(2)

Description of restriction on sewer easements, if the easements are involved;

(3)

The following certification, signed by a professional civil engineer or surveyor registered in the State of Arizona, "I hereby certify this subdivision conforms to all regulations and requirements of the subdivision regulations of the City of Tolleson";

(4)

A space with lines for signatures and dates reflecting each of the following certifications:

(a)

Mayor and City Clerk certifying the date the plat was approved by the City Council;

(b)

City Manager;

(c)

City Engineer; and;

(d)

Maricopa County Health Department, where applicable.

(5)

A signed and notarized certification by the owner(s) of their approval of the plat and the dedication of streets, alleys, easements and any other public areas.

(Am. Ord. 502, N.S., passed 12-14-2010; Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-44 - DOCUMENTS REQUIRED.

(A)

A reproducible copy of the final plat, with proper signatures, shall be transmitted to the City Engineer.

(B)

Two recording plats, with proper signatures, shall be required. One shall be recorded in the Recorder's office of Maricopa County and one shall be furnished to the Maricopa County Assessor's office.

(C)

Four copies (blueprint) of the final plat shall be submitted to the City Engineer.

(D)

Two copies of the complete plans and profiles for street and alley improvements shall be submitted for the approval of the City Engineer prior to approval of the final plat by the City Council.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-45 - ASSURANCE OF COMPLETION.

Prior to recordation of a final plat, the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the property or execute and file with the City Manager an agreement between himself or herself (subdivider) and the city, specifying the period within which required improvements and repairs shall be completed and providing that, if the work is not completed within the period specified, the city may complete the work, and recover the full cost and expense, together with the court costs and attorney fees necessary to collect the amounts from the subdivider.

(A)

The subdivider shall file with the agreement, to assure his or her full and faithful performance thereof, one of the following:

(1)

A surety bond executed by a surety company authorized to transact business in the State of Arizona;

(2)

A personal bond co-signed by at least one other person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement; and

(3)

Cash deposit.

(B)

The assurances of full and faithful performance shall be in a form approved by the City Attorney and shall be for a sum approved by the City Engineer as sufficient to cover the cost of the improvements and repairs and related engineering and incidental expenses.

(C)

If the subdivider fails to carry out provisions of the agreement and the city has un-reimbursed costs or expenses resulting from the failures, the city shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds costs and expenses incurred by the city, it shall release the remainder. If the amount of the bond or cash deposit is less than the costs and expenses incurred by the city, the subdivider shall be liable to the city for the difference.

(Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-60 - GENERAL PROVISIONS.

All public improvements shown on the preliminary plan and any additional improvements that may be required by the Zoning Administrator, as a condition for approval of the final plat, shall be the responsibility of the subdivider. All improvements constructed shall meet the city standard specifications, as adopted or amended.

(Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-61 - STREETS AND DRAINAGE.

(A)

Access. Any land hereinafter subdivided shall have frontage on an existing dedicated and improved street, road or highway. Where the proposed subdivision does not meet this condition, it shall be the responsibility of the subdivider to provide access by means of a dedicated and improved street or road.

(B)

Grading. All streets within the limits of the subdivision shall be graded full width of the dedicated right-of-way, and all roadways shall be improved to meet the city standard specifications, as adopted or amended.

(C)

Drainage. Any land which is considered to be excessively irregular shall be provided with proper drainage where drainage is adequate, all appurtenant structures such as combination curb and gutter, driveway and alley entrances, valley gutters, culverts and the like will be constructed. Where subsurface drainage is required, all manholes, inlets or connections to existing systems shall be required. This work shall be done prior to any street surfacing.

(D)

Sidewalks. Sidewalks of the width and type as required by the city standard specifications, as adopted or amended, shall be constructed on both sides of all streets within the subdivision and in all crosswalks.

§ 12-2-62 - UTILITIES.

(A)

Sewer. Sewer lines shall be installed to serve all lots within the subdivision in accordance with the minimum standards of the city. Where sewer service is not available, a system for disposal of sewerage shall be installed in accordance with minimum requirements of the City-County Health Department. Plans for disposal systems and sanitary sewer shall be approved by the Arizona Department of Environmental Quality.

(B)

Water. Water mains shall be installed to serve all lots within the subdivision, or certified evidence shall be submitted by the subdivider that potable water is available in sufficient quantity.

(C)

Electricity. Certification from the local electric power company, that electrical service is available and will be provided, shall be submitted by the subdivider. Location of power distribution poles and street lights standards shall be indicated on preliminary plat.

(D)

Fire hydrants. Fire hydrants shall be installed in accordance with requirements of the City Engineer and the City Fire Chief and the recommendation of the Board of Fire Underwriters.

(E)

Street lighting. Street lighting shall be provided at intervals not to exceed 600 feet. Where street lights are required in the center of the block, the developer shall provide the necessary easement from the alley to the street right-of-way line.

(F)

Street name signs. Signs shall be placed at all street intersections. Specifications for design, construction, location and installation shall be in accordance with city standard specifications, as adopted or amended.

(G)

Utility connections. Where practicable, no utilities shall be installed under any streets except where access lines are required from one area to another.

(Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-63 - SCHEDULE OF INSTALLATION.

(A)

The improvements required to be made under these regulations shall be installed in compliance with schedules agreed upon during approval of preliminary plan.

(B)

Installation of all improvements shall be done under supervision of the City Engineer or under the supervision of the offices of the city having jurisdiction.

(Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-75 - GENERAL PRINCIPLES OF ACCEPTABILITY.

(A)

Master plan. Streets shall conform substantially to the master plan adopted by the city and any revisions or amendments thereof. Whenever a tract to be subdivided includes any part of a street indicated as a major thoroughfare on the major street plan of the master plan, the part of the street shall be dedicated by the subdivider. It is the intent of this article to provide a 100-foot dedication for all major thoroughfares (50 feet measured each side of centerline of the proposed thoroughfare) except as provided by § 12-2-76. Where frontal or access roads are deemed necessary, additional right-of-way shall be 50 feet on either side of the major thoroughfare.

(B)

Public open spaces and sites. Where, as indicated by the master plan, a proposed subdivision contains, wholly or in part, a proposed public open space or a proposed site for a public building, the sites shall be reserved unless the concerned authority states it has no intention of development in the area. The Zoning Administrator will immediately notify the concerned authority.

(C)

Un-subdivided portion of tract. The City Engineer may require a sketch of the tentative future street system beyond the limits of the tract adjacent to the land area presently being subdivided.

(D)

Provisions for future subdivision. If a tract is subdivided into parcels larger than ordinary building lots, the parcels shall be arranged to allow the opening of future streets and logical subdivision.

(E)

Reserved strips prohibited. There shall be no "reserved" strips controlling access to land dedicated or intended to be dedicated to public use.

(Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-76 - STREETS.

(A)

Circulation. The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares or un-subdivided land, as may be required by the City Council. Minor residential streets should be so planned as to discourage their use by non-local traffic. Where a street will eventually be extended beyond the plat, but is temporarily dead-ended, an interim turn-around may be required.

(B)

Major thoroughfares. If a new subdivision involves frontage on a major thoroughfare, as defined herein, the street layout should be planned to avoid, as far as possible, any private residential driveways from having direct access to the thoroughfares by providing access or frontal streets.

(C)

Existing streets. Existing streets (constructed or recorded) in adjoining territory shall be continued at equal or greater width and in similar alignment by streets proposed in the subdivision, unless variations are approved by the City Council.

(D)

Cul-de-sac. Cul-de-sacs shall not be longer than 600 feet, unless necessitated by topography or other circumstances beyond the subdivider's control.

(E)

Half-streets. No half-street shall hereinafter be accepted. Where there exists a dedicated or platted half-street adjacent to the tract to be subdivided, the other half, being a minimum width to meet this article, shall be platted.

(F)

Stub streets. Where a subdivision adjoins un-subdivided land, stub streets shall be provided at locations as determined by the City Council to insure future access and traffic circulation.

(G)

Intersections. All street intersections shall be at right angles. Where, because of topographic or other reasons, an intersection cannot be at right angles, the intersection shall be designated to insure safety.

(H)

Easements. Easements for slopes and utilities shall be dedicated to the public where necessary. The easements shall be at least eight feet wide across the rear or front of all lots, except that a utility easement adjacent to unsubdivided lands shall be at least ten feet wide. In addition, easements may be required at other suitable locations.

(I)

Dimensional standards.

(1)

Minimum width.

(a)

The street right-of-way and roadway width shall not be less than the minimum width shown in the following table:

Type of StreetMinimum Right-of-Way
Width
Minimum Roadway
Width
Secondary or collector - residential 60 feet or 90 feet 40 feet or 64 feet
Minor - residential 60 feet 38 feet
Minor - less than 1,500 feet in length 50 feet 36 feet
Access or frontal 50 feet 32 feet
Alley 20 feet 20 feet
Cul-de-sac 50 feet 36 feet

 

(b)

Major thoroughfares, industrial and commercial street right-of-ways and roadway width shall be determined by the Council when approving the plat.

(2)

Alignment; minimum standards.

(a)

Two copies of the complete plans and profiles for street and alley improvements shall be submitted for approval of the final plat by the City Council.

(b)

Vertical curves:

1.

Arterial streets: As determined by the City Engineer; and

2.

Secondary or local streets: Minimum length 100 feet, except in cases approved by the City Engineer.

(c)

Horizontal curves:

1.

Major thoroughfares, access and frontal streets: 500 feet;

2.

Secondary or collector streets: 200 feet;

3.

Minor streets: 100 feet; and

4.

Alleys: Laid out to provide turning radius at alley intersection.

(3)

Reversed curve. Unless approved by the City Engineer, all streets shall have a tangent of 100 feet between reverse angles.

(4)

Curb radii. At the intersection of two streets, property line corners shall be rounded by an arc of 20 foot radius. The minimum radii shall be increased when the smallest angle of intersection is less than 90 degrees, or in any case where the City Engineer considers an increase necessary.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-77 - BLOCKS.

(A)

Length of residential blocks shall not be more than 1,000 feet long unless approved by the City Engineer. Blocks longer than 800 feet in length shall have a crosswalk near the center of the block where required as necessary by the City Engineer.

(B)

Irregular shaped blocks (including super blocks) intended by cul-de-sacs containing interior parks or playgrounds and adequate parking space, will be acceptable when properly designed and covered by agreements as to maintenance of the park areas.

(C)

If frontage on a thoroughfare is involved, the long dimension of the block shall preferably front thereon by means of an access or frontal road, in order to create as few intersections as possible with the thoroughfare.

(D)

Blocks intended for business or industry shall be of a length and depth as may be considered most suitable for their prospective use by the Planning and Zoning Commission, including adequate provision for parking, on-site loading and unloading and buffer zone, as required by the zoning code.

(Am. Ord. No. 627 N.S, § 1, passed 8-26-2025)

§ 12-2-78 - LOTS.

(A)

General. The minimum width of residential lots for all subdivision shall be 50 feet at the building line and shall have a minimum area as approved by the county health unit, unless larger area is required by the zoning code.

(B)

Length and width ratio. It is desirable that the length of a lot shall not be more than four times its width.

(C)

Fronting on thoroughfares. Lots fronting on thoroughfares should be of a depth to accommodate setbacks as set forth in zoning code.

(D)

Double frontage. Double frontage lots shall be avoided, except to overcome disadvantages of topography and orientation.

(E)

Side lot lines. Side lines of lots shall be approximately at right angles or radial to the street lines unless, in the opinion of the City Council, a variation from this rule will give a better street and lot plan.

(F)

Corner lots. Corner lots shall have sufficient width to permit the maintenance of the side street building line after providing a minimum building width of 30 feet, and a side yard, as is required by the zoning code, on the interior side of the lot.

(G)

Building sites. Every lot must contain a suitable building site, which will provide minimum yard requirements in compliance with the zoning code.

(H)

Street frontage. Every lot shall front on a public street having a minimum right-of-way of 50 feet for a distance of not less than 50 feet measured along the right-of-way line.

(Am. Ord. 485, N.S., passed 4-14-2009)

§ 12-2-90 - ADMINISTRATION.

The provisions of this article shall be administered by the City Manager and appeals from any decision of the Planning and Zoning Commission shall go to the Council; provided that, notice of the appeal shall be given to the Planning and Zoning Commission 30 days preceding any meeting pertaining to the appeal held by the Council.

§ 12-2-91 - LARGE SCALE DEVELOPMENT.

The standards and requirements of these regulations may be modified in the case of a plan and program for complete community or a neighborhood unit, which in the judgment of the Planning and Zoning Commission and the City Engineer provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides the covenants or other legal provisions as will assure conformity to, and achievement of, the plan.

(Am. Ord. 485, N.S., passed 4-14-2009; Am. Ord. 502, N.S., passed 12-14-2010)

§ 12-2-92 - SALE OF LOTS BY METES AND BOUND DESCRIPTION.

The sale of property to be used as lots, plots or building site and subdivisions only be a metes and bounds description shall be presumed to be an attempt to evade the provisions of this article, and an instrument shall not be eligible for filing and recording in the office of the County Recorder.

(Am. Ord. 485, N.S., passed 4-14-2009)

§ 12-2-93 - ISSUANCE OF BUILDING PERMITS.

No building permit shall be issued for the erection of any building on any property other than a lot of record prior to adoption of these regulations or a re-subdivided lot in a duly approved and recorded subdivision without approval of the Planning and Zoning Commission.

(Am. Ord. 485, N.S., passed 4-14-2009)

§ 12-2-94 - VIOLATIONS.

Any person, firm or corporation notified, in writing, by the city of a violation of any of the provisions of this article shall have the violation corrected within 30 days after receipt of notification. If not corrected within the specified time, enforcement of this Article shall be pursuant to § 12-1-23 of this Code.

(Am. Ord. 485, N.S., passed 4-14-2009)