2 Classification of Subdivisions (Review Policies)

All subdivision applications are classified into one of two general categories, as either Minor or Major Subdivisions. Minor Subdivisions are either eligible or ineligible for Administrative Approval. Major Subdivisions are divided into those that create or do not create a new street or public infrastructure. Here are the four types of subdivision:

 

•      Minor Subdivision, Administrative Approval

•      Minor Subdivision, Commission Approval

•      Major Subdivision, No New Streets or public infrastructure/improvements

•      Major Subdivision, New Street or public infrastructure/improvements

 

Minor Subdivisions are considered under Policy A, Policy B, or Policy C.

 

Major Subdivisions creating no new streets are considered under Policy D.

 

Major Subdivisions creating new streets are considered under Policy E.

 

Major or minor subdivisions considered in conjunction with a Planned Development ordinance are considered under Policy F.

2.1 Policy A - Minor subdivisions in compliance with all requirements   

2.1.1 Purpose.   

This policy is to address minor subdivision applications that result in new lots that are in compliance with all applicable requirements of the Subdivision Regulations and the Comprehensive Zoning Ordinance.

2.1.2 Eligible applications.   

Policy A shall be used for minor subdivision applications that satisfy all of the following:

• The subdivision is proposed to:
  • shift lot boundaries or change lot designations without changing the number of lots; or
  • consolidate existing lots into a lesser number of new lots; or
  • divide existing lots into five or fewer new lots.
• The parcel to be subdivided is two acres in size or less and formed by ten or fewer lots; and
• The subdivision does not create any new streets (public or private) or public improvement.

2.1.3 Review criteria.   

In general, Policy A subdivisions require consideration by the City Planning Commission.  The exception is that the Executive Director is empowered to administratively approve subdivisions under Policy A when all of the following criteria are met:

• The proposal is compliant with all applicable requirements of the Subdivision Regulations and the Land Use Element of the Master Plan.
• The proposal conforms to the Comprehensive Zoning Ordinance. Existing non-compliant conditions may be retained or brought closer into compliance.
• In instances where the Executive Director concludes that the criteria are not met or finds consideration by the City Planning Commission to otherwise be justified, the Executive Director may elect not to grant administrative approval.

2.1.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy A, variances of zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy A shall be granted final approval unless and until all required variances have been granted. 

2.2 Policy B – Separation of existing principal structures on non-conforming lots   

2.2.1 Purpose.   

The policy recognizes that in neighborhoods that were developed prior to the adoption of Subdivision Regulations, multiple structures were sometimes developed on a single parcel. It is sometimes necessary for those historic buildings and development sites to occupy separate lots, which may be non-compliant with the minimum lot size requirements of the zoning district. Consistent with the Master Plan objective of promoting smart growth land use patterns, this policy allows for the creation of non-conforming lots where necessary to separate development sites which historically existed on a single parcel.

2.2.2 Eligible applications.   

Policy B can be used for minor subdivision applications that create new lots and/or shift existing lot boundaries to separate development sites in Historic Core and Historic Urban zoning districts, as designated by the Comprehensive Zoning Ordinance.

2.2.3 Review criteria.   

Policy B subdivisions require consideration by the City Planning Commission.  They shall be considered against the following criteria:

• The request to separate buildings involves only principal buildings or the approximate footprints of historic principal buildings which no longer exist, as documented on surveys, Sanborn maps, aerial photography, or other resources.
• The subdivision creates the fewest lots necessary to separate buildings and/or the approximate footprints of historic principal buildings which no longer exist;
• Proposed lot conditions comply as nearly as is practical with the applicable requirements of the Subdivision Regulations and the Comprehensive Zoning Ordinance while still accomplishing the policy’s intent of creating separate lots for separate buildings/historic building sites.
• The proposal is consistent with the Land Use Element of the Master Plan.

2.2.4 Authority to grant variances of zoning requirements.   

Unless and until the Comprehensive Zoning Ordinance is amended to give the City Planning Commission and its Executive Director the authority to grant variances of zoning requirements, variances of zoning requirements shall only be granted by the Board of Zoning Adjustments in accordance with Article 4, Section 4.6.C of the Comprehensive Zoning Ordinance.

 

 

2.3 Policy C – Expropriation affecting adjoining lot boundaries   

2.3.1 Purpose.   

This policy is intended to allow for administrative approval of lot changes resulting from transfer to the City, local government, or any governmental entities.

2.3.2 Eligible applications.   

Policy C shall be used for subdivision applications that create new conditions as a result of the transfer or expropriation of land to the City, local government, or any governmental entities.

2.3.3 Review criteria.   

In the event where a portion of a lot or other parcel  of land has been expropriated or has been dedicated, sold, or otherwise transferred to the City, leaving a severed portion of the original parcel which requires a re-designation of lot number and establishment of new boundary lines, the subdivision is eligible for administrative approval by the Executive Director. If these circumstances do not apply, the subdivision cannot be considered under Policy C.

2.3.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy C, variances of lot dimensions (lot area, depth, width) are grantable through the resubdivision process due to expropriation. Any other zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy C shall be granted final approval unless and until all required variances have been granted.

2.4 Policy D – Major subdivision without creation of street or public improvement/infrastructure   

2.4.1 Purpose.   

This policy is to accommodate major subdivision applications that do not create new streets or public infrastructure.

2.4.2 Eligible applications.   

Policy D shall be used for major subdivision applications that satisfy all of the following:

• The subdivision meets at least one of the following:
  • is proposed to divide existing lot(s) into six or more new lots; and/or
  • includes a site over than two acres in size; and/or
  • includes a site formed by eleven or more lots
• The subdivision does not create any new street (public or private)
• The subdivision does not create any public improvement or infrastructure.

2.4.3 Review criteria.   

All Policy D subdivisions shall be considered by the City Planning Commission. The Executive Director has no authority to administratively approve Policy D subdivisions.

Under Policy D, the City Planning Commission staff will generally view a subdivision application favorably if all of the following criteria are met:

• The proposal is compliant with all applicable requirements of the Subdivision Regulations;
• The proposal conforms to the Comprehensive Zoning Ordinance. Existing non-compliant conditions may be retained or brought closer into compliance.
• The proposal is consistent with the Land Use Element of the Master Plan.
• The subdivision is designed, located, and proposed to be operated so that the public health, safety, and welfare is protected.
• Adequate public facilities exist to accommodate the proposed subdivision.

Under Policy D, the City Planning Commission staff will generally view a subdivision application with disfavor if any of the following apply:

• The proposal is not compliant with all applicable requirements of the Subdivision Regulations.
• The proposal creates new conditions that do not conform to the Comprehensive Zoning Ordinance.
• The proposal is not consistent with the Land Use Element of the Master Plan.
• The subdivision does not promote the public health, safety, and welfare.
• Other circumstances apply which justify the disapproval of the subdivision.

2.4.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy D, variances of zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy D shall be granted final approval unless and until all required variances have been granted.

2.5 Policy E – Major subdivisions with the creation of a street or infrastructure.   

2.5.1 Purpose.   

This policy is to accommodate major subdivision applications that create new streets or public infrastructure.

2.5.2 Eligible applications.   

Policy E shall be used for major subdivision applications that satisfy either of the following:

• The subdivision proposes the creation of a new street (public or private).
• The subdivision proposes any other type of public improvement or infrastructure.

2.5.3 Review criteria.   

All Policy E subdivisions shall be considered by the City Planning Commission. The Executive Director has no authority to administratively approve Policy E subdivisions.

Under Policy E, the City Planning Commission staff will generally view a subdivision application favorably if all of the following criteria are met:

• The proposal is compliant with all applicable requirements of the Subdivision Regulations.
• The proposal conforms to the Comprehensive Zoning Ordinance. Existing non-compliant conditions may be retained or brought closer into compliance.
• The proposal is consistent with the Land Use Element of the Master Plan.
• The subdivision is designed, located, and proposed to be operated so that the public health, safety, and welfare is protected.
• Adequate public facilities exist or will be developed to accommodate the proposed subdivision.

Under Policy E, the City Planning Commission staff will generally view a subdivision application with disfavor if any of the following apply:

• The proposal is not compliant with all applicable requirements of the Subdivision Regulations.
• The proposal creates new conditions that do not conform to the Comprehensive Zoning Ordinance.
• The proposal is not consistent with the Land Use Element of the Master Plan.
• The subdivision does not promote the public health, safety, and welfare.
• Other circumstances apply which justify the disapproval of the subdivision.

2.5.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy E, variances of zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy E shall be granted final approval unless and until all required variances have been granted.

2.6 Policy F – Subdivisions in conjunction with Planned Developments   

2.6.1 Purpose.   

This policy is to accommodate major or minor subdivisions proposed in conjunction with the establishment of Planned Development.

2.6.2 Eligible applications.   

Policy F shall be used for major or minor subdivision applications that are proposed as a companion to a Planned Development authorized by City Council ordinance in accordance the Comprehensive Zoning Ordinance.

2.6.3 Review criteria.   

In general, Policy F subdivisions require consideration by the City Planning Commission.  The exception is that the Executive Director is empowered to administratively approve subdivisions under Policy F when all of the following criteria are met:

• The application is a minor subdivision           
• The subdivision is compliant with the ordinance authorizing the related Planned Development. In the event that the Planned Development Ordinance contains any variances or exceptions to zoning requirements, those variances or exceptions shall be reflected as appropriate in the subdivision plan.

 

Under Policy F, the City Planning Commission staff will generally view a subdivision application favorably if all of the following criteria are met:

• The proposal is compliant with all applicable requirements of the Subdivision Regulations and the Comprehensive Zoning Ordinance.
• The proposal is consistent with the Land Use Element of the Master Plan.
• The subdivision is designed, located, and proposed to be operated so that the public health, safety, and welfare is protected.
• Adequate public facilities exist or will be developed to accommodate the proposed subdivision.

 

Under Policy F, the City Planning Commission staff will generally view a subdivision application with disfavor if any of the following apply:

• The proposal is not compliant with all applicable requirements of the related Planned Development ordinance, the Comprehensive Zoning Ordinance, or the Subdivision Regulations.
• The proposal is not consistent with the Land Use Element of the Master Plan.
• The subdivision does not promote the public health, safety, and welfare.
• Other circumstances apply which justify the disapproval of the subdivision.

2.6.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy F, variances of zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the City Council through the establishment or amendment of the related Planned Development ordinance. No subdivision reviewed under Policy F shall be granted final approval unless and until all required variances have been granted.

2.7 Public Hearing, When Required   

When it is doubtful as to whether an application is eligible for administrative approval, it must be referred to the Commission. The City Planning Commission may call for a public hearing on any subdivision if deemed necessary and in the best interest of the public. The same public hearings procedure/requirements shall be followed.