Division 3. Subdivisions

    Cross References: Planning, Chapters 2.135 and 18.05 TMC; buildings and building regulations, TMC Title 14; comprehensive zoning regulations, TMC Title 18, Division 4.

    State Law References: Subdivision regulations, K.S.A. 12-749 et seq.

Chapter 18.30
GENERAL PROVISIONS

Sections:

18.30.010    Definitions.

18.30.020    Scope.

18.30.030    Application to building permits.

18.30.040    Design variances.

18.30.010 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.

“Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, etc., or a combination thereof.

Collector Streets.

(1) Primary. This class of street serves the internal traffic movement within an area of the city such as a subdivision and connects this area with the arterial system. It is intended to equally serve abutting property while at the same time serving traffic movements for commercial and transit vehicles, and is normally spaced at one-half intervals between the major traffic thoroughfares in the normal gridiron system.

(2) Secondary. This class of street serves the internal traffic movement within an area of the city such as a subdivision and connects this area with the primary and arterial system. It is intended to serve abutting property while at the same time serving traffic movements excluding commercial and transit vehicles.

“Comprehensive plan” means the comprehensive metropolitan plan described in Chapter 18.05 TMC.

“Cul-de-sac” means a street having one end open to traffic and being permanently terminated by a vehicle turnaround at the closed end.

“Design” means the location of streets, alignment of streets, grades and widths of streets, alignment and widths of easements and rights-of-way for drainage and sanitary sewers, and the designation of minimum lot area and width.

“Easement” means a grant by the property owner to a person or to the public of the right to the use of a strip of land for specific purposes.

“Final plat” means a plan or map prepared in accordance with the provisions of this division and those of any other applicable city ordinances, which plat is prepared to be placed on record in the office of the county register of deeds for counties in which the subdivision is located.

“Improvements” means any improvement and all street work, utilities, trafficways and drainage facilities that are to be installed, or which the subdivider agrees to install on the land for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood.

“Lot” means a portion of land in a subdivision, or other parcel of land, intended as a unit for the purposes of transfer of ownership or development.

“Lot line adjustment” means a relocation of existing lot lines.

“Lot split” means a lot that is divided into two lots.

“Major plat approval” means a plan or map prepared in accordance with the provisions of this division and those of any other city ordinance which requires the approval of the planning commission and the city council.

Major Traffic Thoroughfares.

(1) “Primary” means a street or road of great continuity with either a single roadway or a dual roadway which serves or is intended to serve major traffic flow, and is designated in the master plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term, to identify those streets comprising the basic street system of the city.

(2) “Secondary” means a street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.

“Marginal access streets” or “frontage roads” means a minor street which is generally parallel to or adjacent to a major traffic thoroughfare highway or railroad right-of-way and provides access to abutting properties.

“Master plan” means the comprehensive plan made and adopted by the planning commission for the physical development of the metropolitan area and its environs indicating the general location, character and extent of streets, alleys, sewers, ways, viaducts, bridges, subways, parkways, parks, playgrounds, waterways, waterfronts, boulevards, squares, aviation fields and other public ways, grounds and open spaces, the general location of public buildings and other public property, and the general location and extent of public utilities and terminals; also the removal, location, widening, narrowing, vacating, abandonment, change of use, or extension of any public ways, grounds, open spaces, buildings, property, utilities or terminals, as well as a zoning plan for the control of the height, area, bulk, location, use and intensity of use of buildings and premises.

“Minor plat approval” means a plan or map of an area prepared in accordance with the provisions of this division and those of any other ordinance which requires only the joint approval of the planning director and public works director.

“Minor street” means a street of limited continuity, which serves or is intended to serve the local needs of a neighborhood.

“Pedestrian way” means a right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

“Planning commission” means the city of Topeka planning commission.

“Preliminary plat” means a map made for the purpose of showing the design of a proposed subdivision and existing conditions in and around it; the map need not be based on an accurate or detailed final survey of the property.

“Public water company” means any person who has a written permit from the state to supply water for domestic purposes to the public.

“Setback line” or “building line” means a line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected or altered.

“Street” means a right-of-way dedicated to the public use, or a private right-of-way serving more than one owner, which provides principal vehicular and pedestrian access to adjacent properties.

“Subdivider” means any person who causes land to be divided into a subdivision, for themselves or for others.

“Subdivision” means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development.

“Urban growth area” means the area identified in the land use and growth management plan which is an element of the comprehensive plan. (Ord. 19942 § 1, 3-10-15.)

    Cross References: Definitions generally, TMC 1.10.020.

18.30.020 Scope.

(a) The regulations contained in this division shall apply to the following:

(1) Plats or replats of land in subdivisions lying within the city or within three miles of the city boundary.

(2) Subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots.

(3) Subdivisions which require dedication of new streets.

(4) An ordinance requires that property be platted.

(b) Notwithstanding subsection (a) of this section, platting is not required in any of the following circumstances:

(1) Division of land for agricultural purposes into parcels or tracts of land of three acres or more, and not requiring the dedication of new streets.

(2) Division of land outside the urban growth area into parcels or tracts of land containing three acres or more with a minimum frontage dimension of 300 contiguous feet and with a lot width/depth ratio no greater than one to two, on an existing public road or way where the use is nonagricultural.

(3) Division of land within the urban growth area into parcels or tracts of land containing 20 acres or more with a minimum frontage dimension of 300 contiguous feet and with a lot width/depth ratio no greater than one to two, on an existing public road or way where the use is to be for nonagricultural purposes.

(4) Existing legal lots of record created in accordance with the subdivision regulations in effect at the time of creation.

(c) Lots shall comply with the minimum lot sizes in the zoning code unless the comprehensive plan provides otherwise. (Ord. 19942 § 2, 3-10-15.)

    State Law References: Extraterritorial application of subdivision regulations, K.S.A. 12-750, 12-751.

18.30.030 Application to building permits.

No building permit shall be issued for any structure proposed to be located upon a lot in a subdivision that has not been subdivided and approved in the manner provided for in this division. (Code 1981 § 41-3. Code 1995 § 134-3.)

    State Law References: Enforcement of building permit requirements outside corporate limits, K.S.A. 12-751.

18.30.040 Design variances.

Whenever it is found that the land included in a proposed subdivision presented for approval is of such size or shape or is subject to, or is affected by, such topographical location or conditions, or is to be devoted to such usage, that full conformity to the provisions of this division is impossible or is impractical, the planning commission may authorize certain design variances which in its determination and findings will not adversely affect the subject property, other properties nearby or the public interest. In consideration of such variance, the planning commission shall make a finding that:

(a) There are special circumstances or conditions affecting the property.

(b) The variances are necessary for the reasonable and compatible development of the subject property.

(c) The granting of the variances will not be detrimental to the public interest or other properties in the vicinity and will effect substantial justice and promote the general welfare.

The findings and conclusions of the planning commission shall be entered into the record, and the variances shall be noted on the plat of subdivision. (Code 1981 § 41-4. Code 1995 § 134-4.)

    Cross References: Planning commission, Chapter 2.135 TMC.