§ 22-21. Exemptions/administrative approval.

(a)

The following matters are exempted from the full provisions of this article, but must be approved by the mayor and city council.

(1)

Boundary adjustment plats and deeds, where land taken from one (1) parcel is added to an adjacent parcel, provided that the proposed adjustment does not:

a.

Create any new lots;

b.

Render any existing lot substandard in size or shape;

c.

Render substandard the setbacks to existing development on the affected property; or

d.

Impair any existing access, easement, or public improvement.

(2)

A variance of sections and subsection in this chapter may be granted by the board of adjustment to insure conformity to the intent of this section.

(b)

Lot split plats and deeds, where the division of property results in no more than three (3) tracts or lots or interests, provided that the following conditions are met:

(1)

All lots or tracts are adjacent to a dedicated and accepted public street.

(2)

The specifications required by article II and III of this section of these regulations are already in existence and available to serve each lot.

(3)

Each lot will meet requirements of the city's zoning regulations without the necessity for any variance and no variance has been granted within one (1) previous year.

(4)

No part of the lot split has been approved as part of a previous lot split within one (1) year prior to the date of submission of the original lot split application.

(c)

This subsection is intended to implement procedures whereby property owners may split and adjust parcels of land without full compliance of the platting requirements, and with administrative approval. Anyone requesting lot split approval shall submit the following to the public works department:

(1)

A completed application form.

(2)

A title search of the parcel proposed to be split, furnished by a recognized title company. Such information shall be presented so that it may be determined if the proposed land split does or does not constitute a subdivision.

(3)

A lot split survey. The information required for the lot split shall be shown graphically or by note on plans at a standard engineering scale large enough to show all details clearly. The size of the map shall be between eleven (11) by seventeen (17) inches and twenty-four (24) by thirty-six (36) inches and shall contain the following information:

a.

Name, address, and telephone number of the property owner(s).

b.

Name, address, and telephone number of the engineer or land surveyor preparing the map, including professional seal and signature.

c.

Graphic and written scale, north indicator (up or to the right), and date of preparation.

d.

Legal description of the property.

e.

The existing zoning classification of the subject site and adjacent properties.

f.

The property boundaries of the existing site.

g.

The parcel boundaries of the proposed parcels to be created and the net area (the area exclusive of roadways dedicated to the public in square feet of each parcel).

h.

The location of existing streets and rights-of-way with all dimensions.

i.

The locations of existing structures, fences, walls, etc.

j.

Certificates required for the recording of the survey plat with the Jasper County Recorder's Office.

k.

Any additional pertinent information as required by the staff, such as copies of current covenants, conditions and restrictions, in the case of land splits in recorded subdivisions.

(d)

City of Carthage staff, consisting of the city administrator, public works director, street commissioner, city attorney and others that may be assigned, shall review the application and the proposed land split map for completeness and accuracy. When deficiencies are determined, these shall be noted and relayed to the applicant. No decision shall be rendered until the application is determined to be complete. Staff shall present its recommendation to the public works committee for action and recommendation to the city council. Staff in evaluating and making decisions on land split proposals shall consider the following criteria:

(1)

Consistency of the proposed lot split with the comprehensive plan.

(2)

Conformity of the proposed lot split to the zoning ordinance.

(3)

Conformity of the proposed land split to all applicable sections of the subdivision regulations.

(4)

Conformity of the proposed land split with the city's existing street patterns and details.

(5)

Lot size and design results from the proposed land split in relation to the site topography.

(6)

Determination from the title information that a major subdivision is not being created.

(7)

Other pertinent criteria.

(Ord. No. 05-71, § I, 9-27-2005)