HomeMy WebLinkAbout1318 Subdivision/Land Partition
ORDINANCE NO. 1318
AN ORDINANCE PROVIDING SUBDIVISION AND OTHER LAND PARTI-
TIONING STANDANDS AND PROCEDURES AND PROVIDING FOR PENALTIES
FOR THE VIOLATION THEREOF.
The city of Ashland ordains as follows:
Section 1. Definitions. As used in this ordinance the
mcisculine inc:ludes the feminine and neuter and the singular
in~~ludes the plural. The following words and phra.ses, unless
thE~ context ot.herwise requires, shall lUean:
(1) Block. The land surrounded by streets and other right
of way other t.han an alley, or land which is designated as a
block on any recorded subdivision map.
(2) BtLil.ding line. A line on a plat indicating the limit
bejrond which buildings or structures majt not be E~rected.
(3) City'. The city of Ashland, Oregon.
(4) Development plan. Any plan c.dopted by the planning
commission for the guidance of growth am improvement of the
cit.y, including modifications or refinements made from time to
tinLe.
(5) Easement. A grant of the right to use a strip of land
for' specific pu.rposes.
(6) Lot. A portion of a subdivision intended as a unit for
transfer of ownership or for development.
(a) Corner lot. A lot abutting the ir.~ersection
of two or more streets other than an alley.
(b) Reversed corner lot. A corner lot, the side
street line of which is substantially a continuation of
the front lot line of the first lot to its rear.
(c) Through lot. An DLterior lot having frontage
on two parallel or approximately parallel streets other
than alleys.
(7) Hinor land partitioning. Partitioning of land other
than subdividing land or creation of a street or way.
(8) Pedestrian way. A right of way for pedestrian traffic.
(9) Person. An individual, firm, partnership, association,
corporation, estate, receiver, syndicate, branch of government,
soc:ial or fratE~rnal organization, or any other group or combina-
tion acting as E. legal entity, and inclr..d ing a.ny trustee, assignee,
or ~,ther representative thereof.
(10) PlaIU'ling conmission. The planning commission of the
cit.y.
(11) Pla.t. The map or drawing on which the subdivider's
plcill of subdivision is presented am which he submits for approval
and intends in final form to record.
(12) Private way. A private easement established by deed
for vehicular access to property.
(13) Right of way. The area of a street or other easement.
(14) Street. A public right of way for roadway, sidewalk,
and utility installation includin.g the terms "road," Uhighway,"
"leme, It "place, n "avenue," "alley>, Sf or other sim:ilar designations.
(a) Alley. A narrow street through a block pri-
marily fo,r vehicular service access to the back or side
of properties otherwise abutting on another street.
(b) Arterial. A street used primaril:r for through
traffic.
(c) Collector. A street used to some extent for
through traffic and to some extent for access to abutting
propertie:s.
(d) Cul-de-sac. A shc)rt dead-end strleet terminated
by a vehi.c1e turn-around.
(e) Half street. A portion of the width of a street,
usually a.long the edge of a subdivision where the remaining
portion Cif the street could be provided in another subdi-
vision.
(f) ~ffirgina1 access street. A minor street parallel
and adjac:ent to a major arterial street providing access
to abutting properties but protected from tb-Tough traffic.
(g) Hinor street. A street intended primarily for
access tC) abutting properties.
(15) Subdivide land. To partition or commence partition of
a parcel of land into four or more parcels of less than five acres
eal~h for the purpose of transfer of ownership or building develop-
ment, whether immediate or futur~~, when such parcel exists as a
unit or contiguous units under a single ownership as shown on the
tax roll for the year preceding the partitioning.
(16) Subdivision. Either an act of subdividing land or a
tract of land subdivided as defined in this section.
Section ;~o Scope of Regulations. Subdivision plats, m:L."1or
land partitioning, and streets and ways created for the purpose of
parti tioning land shall be approved by the planning cOl1Im.ission in
accordance with these regulations. No person shall subdivide land,
partition land by creation of a street or way, o'r engage in minor'
land partit.ioning wtthout complying with this ordinance and the
state law.
Prelimina~ ~
Section 3. Tentative Subdivision Sketch. A subdivider shall
submit a sket~:;h to the city of a tenta tive schem.e for the layout of
property to b4:3 subdivided. Following preliminary consultation and
discussion, the subdivider may proceed to prepare a preliminary plat
for submission to the planning commission.
Section ,~. Submission of Preliminary Plat. The subdivider
shall prepare a preliminary plat and other supplementary material
as may be required to indicate the general program and objectives
of the project, and shall submit three copies of the preliminary
pl,at to the city superintendent' 5 office at least 15 days prior to
the plarming c:ommission meeting at which consideration of the plat
is desired.
Section ~). Scale. The preliminary plat shall be dra'W11 on a.
sheet 18 inches by 24 inches in size or a multiple thereof at a
s c;9.1e of one inch equals 100 feet, or, for areas over 100 acres,
on1e inch equals 200 feet.
Section 6. General Infonnation. The following general infor-
mation shall be shown on the preliminary plat.
(1) Proposed name of the subdivision. This name must not
duplicate nor resemble the name of another subdivision in Jackson
Col.U1ty and shall be approved by the planning commission.
(2) Date, northpoint, and scale of drawing.
(3) Appropriate identification clearly stating the map is a
pr'31iminary plat.
(4) Location of the subdivision sufficient to define the
lo\::ation and boundaries of the proposed tract.
(5) NamE~S and addresses of the owner, subdivider, and en-
gineer or sU:Mteyor.
Section 7. Existing Conditions. The follo'wing existing
conditions shall be shown on the preliminary plat.
(1) The location, width, and names of all existing or platted
streets within or adjacent to the tract, together with easements
and other important features, such as section lines and corners,
city boundary lines, and monuments.
(2) Locc:~tion and direction of all water courses and areas
subject to flcloding.
(3) Natural features such as rock outcroppings, marshes,
wo()ded areas, and isolated preservable trees.
(4) Ex:isting uses of the property, including location of all
ex:Lsting struc:tures to remain on the property after platting.
(5) Zon1~g on and adjacent to the tract.
Section 8. Proposed Plan 2.! ~ Partitioning. The following
information shall be included on the preliminary plat:
(1) Tne location, width, names, and approximate grades of
streets. The relationship of the streets to any projected streets
as shown on any development plan adopted by the plarming commission
or, if there :Ls no development plan, as suggested by the city to
assure adequai~e area traffic cirl~ulation.
(2) The location and purpose 01' easements.
(3) The location, approximate dimensions, and proposed lot
and block numbers, for all lots and blocks.
(4) Sit~9S, if any, allocated for purposes other than single-
f~nily dwell~1gs.
Section c~. Partial Developm.ent. Where thE~ plat to be sub-
divided conta:ins only part of the tract owned ot' controlled by the
subdivider, the planning commission may require a sketch of a
tentative layout for streets in the unsubdivided portion.
Section 10. &cplanatory Information with Preliminary ~.
The following information shall be submitted in separate statements
accompanying the preliminary plat or, if practic:able, shill be shown
on the prelim:inary plat.
(1) A vicinity map, showing existing subdivision, streets,
and unsubdivided land adjacent to the proposed s:ubdivision and show-
ing how proposed streets may be extended to connect with the existing
streets.
(2) Proposed deed restrictions, if any, in outline form.
(3) 'Vmere there are slopes in excess of 10 per cent within the
area to be subdivided, a preliminary grading pl8m may be required by
the planning commission. The grading plan should show existing and
finished grades on lots and streets proposed to be graded. Before
grading can hegin, the grading plan shall be approved by the planning
commission.
Section 11. Tentative Approval of Preliminary Plat.
(l) Within 30 days from the first regular planning commission
meeting follo'wing submission of the plat, the planning commission
will review the plan and may give tentative approval of the prelimi-
na,ry plat as submitted or as it may be modified or, if disapproved,
shall express its disapproval and its reasons therefor.
(2) Approval of the preliminary plat shall indi cate the planning
comm.ission's approval of the final plat provided there is no change
in the plan of subdivision as shown on the preliminary plat and there
is full compliance with the requirements of this ordinance.
(3) The action of the planning commission shall be noted 011 two
cc'pies of the preliminary plat, including reference to any attached
dCicuments describing conditions. One copy shall be returned to the
s~~divider and the other retained by the plannillg commission.
Final Plat
Section 12. Submission of the Final Plat. v-iithin six months
after tentative approval of the preliminary plat, the subdivider
shall cause the subdivision or any part thereof to be surveyed and
a final plat prepared in conformance with the preliminary plat as
t€~ntatively approved. The subdivider shall submit the original
drawing, the cloth copy, five prints of the final plat, and any
supplementary infonnation to the city. If the subdivider 'Wishes to
pr'oceed with the subdivision after the expiratic>n of the six-month
pe'riod following the tentative approval of the preliminary plat by
the planning commission, he must resubmit his preliminary plat to
the planning commission and make any revision c()nsidered necessary
to meet changed conditions.
Section 13. Information.2!! Final~. In addition to that.
otherwise specified by law, the .following information shall be
shown on the .final plat:
(1) The date, scale, northpoint, legend, and controlling
topography su(~h as creeks, ditches, highways, and railroad right of
ws.;y.
(2) Legal description of the tract boundaries.
(3) Namca and address of the o"Wner, subdivi.der, and engineer
of surveyor.
(4) Reft~rence points of existing surveys identified, related
to the plat by distances and bearings, and referenced to a field
bOlok or map as follows:
(a) Stakes, monuments, or other evidence found on the
ground and used to determine tbe boundaries of the subdivision.
(b) Adjoining corners of adjoining subdivisions.
(0) other monuments found or established in making the
survey of tbe subdivision or required to be insta.lled by pro-
visions of this ordinance.
(5) The exact location and width of streets and easements
intersecting the boundary of the tract.
(6) LinE~S with dimensions, bearings or deflection angles,
radii, arcs, points of curvature and tangent bearings for tract,
lot and block boundaries, and street right of way and center lines.
Tr,3.ct boundaries and street bearings shall be shown to the nearest
ten seconds w:i.th basis of bearings. All distances shall be shown
to tte nearest 0.01 feet. No ditto marks shall be used.
(7) The width of the portion of streets being dedicated, the
width of any E~xisting right of way and the width on each side of
thE~ center line. For streets on curva.ture, curve data shall be
based on the street center line and, in addition to center line
dli~ensions, the radius and central angle shall be indicated.
(8) Eas~9ments denoted by fine dotted lines, clearly identi-
fied a.nd, if already of record, :its recorded reference. If an
easement is w,t definitely located of record, a statement of the
easement. Th~9 "lidth of the easement, its length and bearing and
su.fficient ties to locate the easement with respect to the subdi-
vision must b~~ shown. If the easement is being dedicated by the
map, it shall be properly referenced in the owner's certificate
of dedication,.
(9) Lot numbers beginning with the number "1" and numbered
consecutively in each block.
(10) Bl()ck numbers beginning with the nwnber atlft and con-
tinuing conse~~utively without omission or duplication throughout
the subdivision. The numbers shall be solid, of sufficient size
and thickness to stand out and so placed as not to obliterate any
figure. Block numbers in an addition to a subdivision of the same
name shall be a continuation of the numbering in the origina.l sub-
di'vision.
(11) Land parcels to be dedicated for any purpose, public
or private, to be distinguished from lots intended for sale.
(12) Building setback lines, if any are to be made a part
of the subdi vjLsion restrictions.
(13) The following certificates which may be combined where
ap:propriate:
(a) A certificate signed and acknowledged by all parties
having rE~cord title interest in the land:1 consenting to the
preparation and recording of the plat.
(b) A certificate signed and acknowledged as above, dedi-
cating all parcels of land shown on the final plat and intended
for any public use, except those parcels which are intended for
the exclusive use of the lot owners in the subdivision, their
licensees, visitors, and servants.
(c) A certifi.cate signed by the engineer or surveyor
responsible for the 5t..rvey and final map. The signature of
the engineer or surveyor to be accompanied by his seal.
(d) All other certifications now or hereafter required
by law.
Section 14. Supplemental Information with Final Plat. The
following shall accompany the final plat:
(1) A preliminary title report issued by a title insurance
com.pany in thE! name of the owner of the land, showing all parties
wh()se consent is necessary and their interest in the premises.
(2) SheE~ts and drawings showing the following:
(a) Traverse data includi.ng the coordinates of the boun-
dary of the subdivision and sho\\~ng the errlor of closure, if
any.
r, " ~
/i ,:,~ y.'
(.~ '
(b) The computation of all distances, angles, and courses
shown on the final map.
(c) Ties to existing monuments, proposed Jlonuments, ad-
jacent subdivisions, and street corners.
(3) A copy of any deed restrictions applicable to the subdi-
vision.
Section 15. Technical Review. Upon receipt by the city, the
final map and other data shall be reviewed by the city engineer
who shall det43rmine whether the subdivision as ShO\\111 is substantially
the same as it. appeared on the approved preliminary plat and that
there has been compliance with provisions o~ the law and of this
o~dinance. TIle city may make such checks in the field as are desir-
able to verif~r that the map is sufficiently correct on the ground
and city repr~~sentatives may enter the property for this purpose.
If the city engineer determines that full conformity has not been
made, he shall advise the subdivider of the changes or additions
that must be made and shall afford the subdivider an opportunity
to make the changes or additions.
Section 16. Approval.2f Final~. If the city engineer de-
termines that the final plat is in full conformance with the approved
preliminary plat and other regulations, he shall so advise the chair-
man of the planning commission. The chairman of' the planning com-
mission and the city engineer may then sign the plat without further
action by the planning commission. If the final plat is not in full
conformance or if the city engineer elects, he shall submit the plat
to the planning cOImnission. If the final plat i.s referred to the
chairman of the planning commission for signature without submission
to the planning commission, he may elect to submit the plat to the
planning comm1ssion for further review. vllien submitted to the
planning comm:ission, approval of the final plat shall be by a rna-,
jority of those present. If the plat is signed without further
re'view by the planning commission, the action shall be reported to
the planning I::ommission by the chairman of the c:ommission at the
next regular Ineeting. The approval of the final plat shall not be
deemed to constitute or effect an acceptance by the public of the
dedication of any street or other easement or way shown on the plat.
Section 17. Filing of Final Plat. The subdivider shall, with-
out delay, submit the fina.l plat for signatures of other public
officials required by law. Approval of the fina,l plat shall be
null and void if the plat is not recorded within 30 days after the
date of the last required signature has been obtained.
Approval of Streets and Ways
Section 18. Creation of Streets.
(1) The creation of a street shall be in c:onformance with
requirements for subdivision except that the plBLnning commission
shall approve the creation of a street to be established by deed
without full compliance with the regulations applicable to 5ubdi-.
visions v-Ihen .any of the following conditions exist:
(a) The establishment of the street is initiated by the
city council and is declared essential for the purpose of
containing no problems of access provided all resulting par-
cels will complay with city zoning standards:.
(2) Proposals for minor land partitioning shall be approved
by the planning corrnnission when the :following conditions exist:
(a) Tne future use for urban purposes of the remainder
of the tract under the same ownership will not be impeded.
(b) The development of the remainder of any adjoining
land or access thereto will not be impeded.
(c) The partitioning is not in confliet with any law or
ordinance applicable to t he land being subdivided.
(d) The partitioning is in accordance with any develop-
ment plan adopted by the city planning comrrdssion and with the
standards of Sections 22 to 28 of this ordinance.
Section 2l. Procedure for Approval of Mino~ Land Partitioning.
l1inor land partitioning s hall be approved under the following pro-
cedure:
(1) There shall be submitted to the city four copies of a
skE~tch map 8! by 11 inches, or 18 by 24 inches in size with the
following info.rmation:
(a) The date, northpoint, scale, and suflicient descrip-
tion to define the location and boundaries ~~f the parcel to be
partitioned.
(b) Name and address of the owner and of the person who
prepared the sketch map.
(c) Approximate acreage of the parcel under a single
ownership of, if more than one ownership is involved, the
total contiguous acreage of a.ll owners of land directly in-
volved in the partitioning.
(d) For land adjacent to and within the parcel to be
partitioned., the location, width, and names of all streets.
(e) Outline and location of existing buildings to remain
in place..
(f) Layout showing size and relationship of land parcels
to existing or proposed streets and utility' easements.
(g) Such additional information as may be required by the
planning commission.
(2) The sketch map shall be submitted to t.he city engineer who
will check it with any development plan for the area. If the sketch
map confonns 1flith the develop.rnent plan, the minc.r land partition may
be approved without being submitted to the planning commission.
(3) If the proposed minor land partitioning does not appear
to comply with the requirements for routine administrative approval,
general traffic circulation and the partitioning of land is
an incidental effect rather than the primary objective of the
street.
(b) The tract in which the street is to be dedicated
is an isolated ownersr:ip of one acre or less.
(2) In those cases where approval of a street may be given
without full (~om.pliance with the regulations applicable to subdi-
vision, a cop~r of the proposed deed shall be submitted to the city
at least five days prior to the planning cOffi'lission meeting at
which consideration is requested. The deed and such information
as may be submitted shall be reviewed by the planning commission
and, if not in conflict with the standards of Sections 22 to 28
of these regulations, shall be approved with conditions necessary
to preserve these standards.
Section 19. Creation of Private Ways.
(1) Any easement of way providing access to property and
which is creat.ed in order to allow the partitioning of land for the
purpose of transfer of ownership or building development, whether
it1JJnediate or future, shall be in the form of a street either in a
subdivision or as provided in Section 18 of these regulations, ex-
cept that a private ....~ay to be established by deed without full
compliance with these regulations shall be approved by the planning
commission if it is the only reasonable method by which the rear
portion of an unusually deep lot large enough to warrant partitioning
into two parcels may be provided with access.
(2) If, at the time an access way is proposed, the existing
lot is large 13nough so that three or more parcels meeting the lot
size minimums of the zoning ordinance in effect a t the time may be
created and t,",o or more of the parcels would not have frontage on
an existing street, a private way will not be ac,ceptable and a street
shall be dedil::ated.
(3) A private way shall be at least 12 feet wide.
(4) A copy of the proposed document for creation of a private
wa,Y shall be :3ubmitted to the city at least five: days prior to the
planning corrnn:ission meeting at which consideration is requested.
The document and such information as may be submitted shall be re-
viewed by the planning commission and shall be a.pproved if assura.nce
of adequate utility and vehicular access is indi.cated.
~linor Land Partitioning
Section ;20. Conditions for Approval 2f. NinoI' ~ Partitioning.
(1) Proposals for minor land partitioning shall be submitted
to the city f()r approval except under the follov-,ring conditions:
(a) Partitioning within a recorded subdivision provided
all resulting parcels will complay with cit.y zoning standards.
(b) Partitioning within an area which has been designated
by the p.lanning commission on an adopted development plan as
the sketch map shall be submitted to the planning commission. The
planning commission may require dedication of IG~d and easements
an.d may specify conditions or modifications in t.he sketch map ne-
cessary to carry out the develop:.nent plan. In no event shall the
planning commission require greater dedications or conditions than
could be required if the parcel were subdivided.
(4) If the parcel of land to be partitionE~d exceeds five acres
an.d is being partitioned into more than two parc:els within a year
anyone of which is less than one acre, full conlpliance with all
requirements for subdivision may be required if the planning com-
mi.ssion should determine that the entire parcel being partitioned
is in the process of being divided into small p~lrcels.
(5) 'V'1hen a sketch map has been approved all copies shall be
ma.rked with the date and conditions, if any, of approval. Two
c01pies shall be returned to the applicant, one (~opy shall be re-
ta.ined by the city, and one copy shall be retained in the planning
cClmmission files.
Design Standards
Section 22. Principles 2! Acceptability. The subdivision
shall conform with any development plans and shall take into con-
sideration any preliminary plans made in anticipation thereof. The
subdivision shall confonn with the requirements of state laws and
the standards established by this ordinance.
Section 23. Streets.
(1) General. The location, width, and gra.de of streets shall
bE~ considered in relation to existing and plann4~d streets, to topo-
graphical conditions, to public convenience and safety, and to the
proposed use of the land to be served by the streets. The street
sJTstem shall assure an adequate traffic circulation system. Inter-
section angle:s, grades, tangents, and curves shall be appropriate for
the traffic t.o be carried and to the terrain. 1rmere location is not
shown on a de~velopment plan, the arrangement of streets in a subdi-
vision shall either:
(a) Provide for the continua.tion or ,appropriate projection
of existing principal streets in surrounding areas; or
(b) Conform to a plan for the neighborhood approved or
adopted by the planning commission to meet a particular situ-
ation where topographical or other conditions make continuance
or conformance to existing streets impractical.
(2) Mlllimum right of way. Unless otherwise indicated on the
dj9velopment plan, the width of streets in feet shall not be less
tha.n the follo'Wing:
~ of Street
Minimum
Right of \^lay
ArteriaJLs
Commercial and industria.l streets
Collect()r streets
Minor st.reets
Radius j~or turn-around at end of
cul-de-sacs
Alleys
80 feet
80 feet
6C feet
47 feet
45 feet
20 feet
Where existing conditions, particularly the topography or the size
and shape of land parcels make it otherwise impractical to provide
buildable lots, the planning commission may accept a narrower right
of way \-lith suitable allo\-lance for inerea.sed widtlh at strategic
locations for turning lanes, parking bays, or sirnila.r special de-
sign features.
(3) Reserve strips. Reserve strips or strE~et plugs controlling
the access to :streets will not be approved unless necessary for the
prc:tection of the public welfare or of substanticl.l property rights
and. in these cases the:r may be requi.red. The control and disposal
of the land composing such st.rips or street plugf> shall be placed
within the jurisdiction of the city under conditions approved by
the: planning commission.
(4) Alignment. All streets as fa.r as is pra.ctical shall be
in alignment with existing streets by contiIlua.tions of the center
lines thereof. The staggering of street alignment resulting in
UTI!! intersections shall wherever pra.ctical leave a minimum distance
of 125 feet bet\\een the center lines of streets.
(5) Future extension of streets. w'here ne(~essary' to give
acc~ess to or permit a sa.tisfactory future subdiv:lsion of adjoining
land, streets shall be extended to the bounda.ry of the subdivision
and the resulting dead-end streets may be approv.;:d without a turn-
around. Reserve strips and street plugs may be required to preserve
thE~ objectives of street extensions.
(6) Inte'rsection angles. Streets sha,ll be laid out to inter-
seet at an ang;le as near to a right angle as prai::tical, except wh.9re
topography requires a lesser angle. Property li.nes at intersections
wit.h arterial streets shall ha.ve a minimum corner radius of 20 feet
and property lines at other street and alley int,ersections shall
ha"e a minimum corner radius adequate to allow sidewa.lk and utility
space and a curb radius of ten fE~et.
(7) Existing streets. Whenever existing streets adjacent to
or within a tract are of inadequate width, additional right of way
shall be provided at the time of subdivision.
(8) Half streets. Half streets, while generally not accept-
able, may be approved when essential to the reasonable development
of the subdivision, when in confonnity with the other requirements
of these regulations, and when the planning commission finds it
will be practical to require the dedication of the other half wben
th,e adjoining property is subdivided. whenever a half street is
adjacent to a tract to be subdivided, the other half of the street
shall be plat.t.ed within such tra,l~t. Reserve strips and street
plugs may be :required to preserve the objectives of the half streets.
(9) Cul--de-sa.cs. A cul-de.-sac sha,ll be as short as possible
and shall havl~ a maximum length of 500 feet. All cul-de-sacs sha.ll
terminate with a circular turn-around unless alt.ernate designs fc,r
turning and rlBversing direction are approved by the planning com--
mission.
(10) Street names. No street name shall be used which will
duplicate or be confused with the names of existing streets in
Ashland and vicinity except for extensions of existing streets.
Streets which are an extension of, or are in ali,grnn.ent with, exist-
ing streets shall have the same name as the existing street. Street
names and numbers shall con.fonn to the establish.ed pattern in the
city and sha.II be subject to the approval of the planning connnission.
(11) Grades. Street grades shall not exceed the following:
~ of l5treet
Maximtml Grade
Arterial~;
Coil ector streets
Ninor streets
7 per cent
10 per cent
15 per cent
\'mere existing conditions, particularly the topography, make it
oth.erwise impractical to provide buildable lots, the planning com-
mission may accept steeper grades. In fla.t areas allowance shall
be made for finished street grades having a minimum slope of 0.5
per cent.
(12) streets adjacent to ra.ilroad right of way. wnerever
tru~ proposed subdivision contains or is adjacent to a railroad
right of way, provision may be required for a street approximately
parallel to and on each side of such right of way at a distance
suitable for t.he appropriate use of the land bet'ween the streets
and the railroad. The distance shall be great enough to provide
sufficient depth to allow screen pla.nting along the railroad right
of way.
(13) Harginal access streets. 'Where a subdivision abuts or
contains an e;dsting or proposed arterial street, the pla,nning
caronission may require marginal access streets, reverse frontage
lots with suitable depth, screen planting contained in a nonaccess
re:3ervation along the rea.r or side property line, or such other
trl9atment as may be necessary for adequate protection of residen-
tic~l propertiE~s and to afford separation of through and local
traffi c.
(14) Alleys. Alleys shall be provided in commercial and
industrial districts, unless other pennanent pro'visions for access
to off-street parking and loading facilities are made as approved
by the planning commission.
Section ~~4. Blocks.
(1) G€nE~ral. The length, wvidth, and shape of blocks shall
be designed m.th due regard to providing building sites for the
us~~ contemplated, consideration of needs for convenient access,
circulation, control, and safety of street traffic, a.nd recognition
of the limitations and opportunities of topography.
(2) SiZE;S. Blocks shall not exceed 1,320 feet in length,
ex~~ept blocks adjacent to arterial streets or unless the previous
ad.jacent layout or topographical conditions justify an exception.
(3) Bloek width. Blocks shall have a sufficient width to
provide for t\l10 tiers of lots.
(4) Ea.sEmlents.
(a) Utility lines. Easements for Serl€!rS, water mains,
electric lines, or other public utilities shall be dedicated
wherever :necessary. The easements shall be a minimum of 10
feet in width.
(b) v'vater courses. ~fuere a subdivision is traversed
by a 'Water course such as a drainage way, channel, or stream,
there shall be provided a storm vJ8,ter easement or drainage
right of '''''lay conforming substantially with the lines of the
water course, and such further width as will be adequate for
the purpose. Streets or parkways parallel to major water
courses may be required.
(c) Pedestrian ways. When desirable for public con-
venience pedestrian ways may be required to connect to cul-
de-sacs, to pass through oddly shaped or unusually long blocks,
or to provide access to schools, parks, or other public areas.
Section 25. Lots.
(1) Size and shape. Lot size, shape, width, and orientation
shall be appropriate for the location of the subdivision and for
the type of use conta~plated. TI1e width of eve~r lot shall be at
least 60 feet except that corner lots shall have a width of at least
65 feet to permit appropria.te building setbacks from both streets..
In the case of irregular lots, the 'Width shall be measured from the
frc'nt building line. Lots shall have an average depth of not less
tha.n 100 feet ll..Tlless ex..i.sting conditions make it mandatory tha.t
lot.s be reduced in depth, in r,'hich case the lot depth may not be
less than 80 feet. Lots shall have an average depth of not more
than 150 feet except when the lot width at the front building line
is in excess of 100 feet. These minimum standards shall apply with
th€! f o 11o\'Jing exceptions:
(a) In areas that "..rill not be secved by a public sewer,
minimum lot size shall be increased to conform with the re-
quirements of the Ja.cKson County Health Department and shall
take into consideration problems of water supply and sffiiage
disposal.
(b) Hinimum lot sta.ndards shall not conflict with city
zoning ordinance standards.
(c) 1mere property is zoned and planned for industrial
or busin€!ss use, other standards may be permitted at the dis-
cretion Cif the planning comrnission. Depth and width of pro-
perties reserved or laid out for cOlmnercial and industrial
purposes shall be adequate to provide for the off-street sar--
vice and parking facilities required by the type of use and
developmE!nt contemplated.
(2) Access. Each lot shall abut upon a street other than an
alley for a vd,d th of at least 40 feet except in the case of lots
Ioea ted upon t.he curved portion ()f cul-de-sacs or other streets or
in the case where topography \iarrants nB,rrower access. In no CFIse
shall a lot abut upon a street for a w-idth of leGs than 25 feet.
(3) Through lots. Through lots shall be ayoided except where
essential to provide separation of residential d1eveloplUent from
major traffic clrteries or adjacent nonresidential activities or to
overcome specific disadvantages of topography and orientation. A
pla.nting screen easement of at least 10 feet, across which there
shall be no right of access, may be required along the line of lots
abutting such a traffic artery or other disadvantageous use. Through
lots with planting screens shall have a minimum average depth of 110
feet.
(4) lot side lines. T'ne side lines of lots, as far as practi-
cable, shall r1ID at right angles to the street upon which the lot
faces.
Section 26. .!::2i Grading. Lot grading shall conform to the
following standards unless physical conditions demonstrate the pro-
priety of other standards:
(1) Cut slopes shall not be steeper than one and one-half
fe€~t horizontally to one foot vertically.
(2) Fill slopes shall not be steeper than two feet horizon-
tally to one foot vertically.
(3) Cut slopes and fill slopes along side ci.nd rear lot lines
shall be planted with ground cover and shrubs or trees, or by some
other method approved by the city'.
Section ';:,~7. Large!&1 Subdivision. In subdividing tracts
into large lots which at some future time are likely to be resub-
divided, the planning commission may require that the blocks shall
be of a size and shape, be divided into lots and contain building
site restrictj.ons to provide for extension and opening of streets
at intervals "rhich will permit a subsequent division of each parcel
int.o lots of smaller size.
Section ;28. Land for Publil~ Purposes.
(1) The planning commission may require the reservation for
public acquisition, at a cost not to exceed acre~a,ge values in the
area prior to subdivision, of appropriate areas within the subdivision
for a period not to exceed one year providing the city has an inte-
rest on the piart of the state highway commission, school district,
or other publ:ic agency to acquire a portion of t.he area within the
proposed subdivision for a public purpose, including substantial
assurance that positive steps will be taken in the reasonable future
fo.r the acquisition.
(2) The planning commission may require the dedication of
st:Litable areas for the parks and playgrounds thEt t will be required
fClr the use of the population which is intended to occupy the sub-
division.
Improvements
Section 29. Improvement Procedure. In addition to other re-
quirements, j.mprovements installed by the subdivider either as a
r4~quirernent c)f these regulations or at his own option shall conform
t<:> the requirements of this ordinance and improvement standards and
specifications followed by the city. The impro'V'ements shall be in-
st,alled in ac:cordance with the following procedure:
(1) v.ork shall not begin until plans have been checked for
ade:quacy and approved by the city. To the extent necessary for
eva.luation of the subdivision proposal, the plans may be required
before approval of the final map.
(2) 1l1iork shall not begin until the city has been not,ified in
advance, and if work has been discontinued for a.ny reason, it shall
not be resumed until the city has been notified.
(3) Improvements shall be constructed li..Tlder the inspection and
to the satisfaction of the city. The city may r~3quire changes in
typical sections and details if unusual conditions arise during con-
struction to 'Warrant the change in t he public int.erest.
Section 30. Improvement Rec:uireI:1ents. Improvements to be in-
st~illed at tr.€: expense of the subc.ivider are as follows:
(1) Stre:ets within the subdivision, streets adjacent but only
partially within the subdivision and the extension of subd.ivision
streets to the intercepting paving line of existing streets with
'\rlhich subdivision streets intersect shall be graded for the full
right-of-way \\ridth.
(2) iJ~ontlment5. Upon completion of street improvements, monu-
ments shall bE~ re-esta.blished and protected in m<onument boxes at
eVI~ry street intersection and all points of CUI'VHture and points
of tangenl~Y of street center lines.
(;) J..ny street she.ll be paved, curbed, guttered witlJin two
years from tbE~ date sa.id street is opened by subdivider.
'E:xceptions, Variances, ~ En,forcement
Section 31. Exceptions in ~ of u.rge Scale Development.
The plann.ing (~omrnission may modify the standards and requirements
of this ordin<lnce if the subdivision plat comprises a complete
neighborhood unit, a large-scale shopping center, or a planned in-
dustrial area. The planning commission shall determine that such
modifications are not detriment~l to the public health, safety,
and welfare and tha.t adequa.te provision is made within the develop-
Jr..ant for tra.ffic circulation, open space, and. other features that
may be requir.ed in the public interest.
Section 32. Variance Application. ~'Vnen nE;cessa.ry, the pla.nning
commission may auttorize conditional varia,nces to the requirements
of this ordinance. Application for a variance shall be made by
pe:tition of the subdivider, stating fully the grounds for the appli-
cation. The petition shall be filed with the preliminary plat of
the subdivision. Before a variance may be granted, the planning
ccmmission shall first determine:
(1) That there are special conditions affecting the property
that are not common to all property in the area..
(2) That the variance is necessary for th~:: preservation and
cIi.joyment of a substantial property right of th~~ petitioner and.
extraordinary ha.rdship would result from strict compliance with
these regulations because of the special circum:stances or conditions
affecting the: property.
(3) That the variance complies 'with the spirit and intent of these
regulations and will net be detrimental to the public health, safety, or
'Welfare or injurious tCi other property in the vicinity.
Section 33. ]=>lanning Commission Action .Q!l Variances. In granting
a variance, the planning commission shall make a written record of its
findings and shall specifical]~r describe the va.riance a.nd any conditions
which the commission may designateo The city shall keep the findings on
file as a matter of public record.
Sei::tion 34. l~ppeal.
(1) An appeal from an~r decision or requirement of the city engineer
perta.ining to this ordinance shall be made to the pla:r'.J1ing commissiono
Written notice of t.he appeal shall be filed with the city within ten da.ys
after the decision or requirement is made. The planning commission shall
hold a hearing on the ap:peal within 40 days from the time the appeal is
filed. Following t.he hearing the planning commission may overrule or modify
the decision or requirement made by the city engineer if the decision ()f the
commission complies with the spirit and intent of the ordinance.
(2.) Any person may appeal to the city council from any decision .:>r
requirement made b~y the plar..ning conurd.ssion. Written notice of the appeal
shall bE~ filed with the city within ten days after th~a decision or require-
ment is made. The notice of appeal sha.ll state the nature of the decision
or requ:Lrement and the grounds for thE~ appeal.
(3) The city council shall hold a hea.ring on th~e appeal within 40
days from the time the appee.l is filed. The council may continue the
hearing for good C8.use. Following the hearing the city counc:i.l may over-
rule or modify the decision or requirement made by the planning conlllission
if the decision of the council cornpliE!s with the spirit and intent of the
ordinan(}e. The disposition of the ;j,ppeal shall be final.
Seetion 35. ]'alidity. If any provision of this ordina.nce shall for
any reason be judged invalid or unconstitu.tional, the judgement shall not
affect the validit31' of the rest of the ordinance.
Se(~tion 36. l)enalties for Violation. In additi.:m to penalties
provided by state law, any person who violates or fails to com.ply with
any provisions of this 0 rdinance shall, upon conviction thereof, be
punished by a fine of not more than $200 or by impris()nment for not
more than 30 da.ys, or both, for each day during ".hich the violation
continuE~s .
ThE~ foregoing ordinance was duly passed, illlder a suspension of thE~
rules, ;;tt a regular meeting of the Corn.mon Council held on the /;7 ~~ day
of ,~.t., 1962, the vote being as follows:
,oj ~~. L r
AyE~S ~1-"
NaJrs (>
ApproVed;". . ~.
" / )/
, /
/
~c "l, ,- '-_
r~rayor (
To all ()f which I hereby certify:
..'>1,,'/ ..;.--t
I' jI' 4 C: ,
Recorder
,-'7"') ,c-~
~ -J.,... ,-' /c--~~"
, :,,/ t:~ - '/ '4 F