Chapter 16.12
REQUIREMENTS

Sections:

16.12.010    Construction prerequisites.

16.12.020    Prefiling conferences.

16.12.030    Conformance to comprehensive plan required.

16.12.040    Provision for future subdivision.

16.12.050    Reserve strips.

16.12.060    Buffer planting strips and fences.

16.12.070    Building sites.

16.12.080    Yard encroachments.

16.12.090    Trees.

16.12.100    Variances.

16.12.010 Construction prerequisites.

It is unlawful for any person, firm, or corporation, proposing to make, or having made a plat or subdivision of land containing five or more lots, plots, or tracts, or proposing to make or having made a plat or subdivision containing a dedication of any part thereof as a public street or highway, to enter into any contract for the sale of, or to offer to sell, the subdivision, or plat, or any part thereof, or to proceed with any construction work on the proposed plat or subdivision, including grading and excavation, relating thereto, until both the tentative and final approval of the proposed plat, subdivision, resubdivision or dedication have been obtained from the council in accordance with the prescribed rules and regulations contained herein. Construction of improvements shall be in accordance with Section 16.40.010. Construction of buildings and dwellings shall be started only after issuance of building permits, and no building permit shall be issued prior to recording of the final plat. (Ord. 1161 §1(part), 1984).

16.12.020 Prefiling conferences.

To assure efficient processing of applications for plat approval, no preliminary plat shall be accepted for filing until the subdivider or his representative has conferred with the city administrator or his designee. During such conferences, the city administrator or his designee shall generally acquaint the subdivider with the city’s land use control requirements; shall review the sketch and other data furnished by the subdivider for general conformance with requirements of the comprehensive plan, the zoning code, the platting and subdivision code, and other pertinent city regulations; and shall require the subdivider to furnish such additional data as may be needed to assist in the efficient and expeditious review of the application for preliminary plat approval. In the event additional data is required, an application shall not be accepted for filing until such data has been furnished or provided for. (Ord. 1161 §1(part), 1984).

16.12.030 Conformance to comprehensive plan required.

The subdivision shall conform to the comprehensive plan or the portions thereof now or hereafter existing, and shall not encroach upon areas designated in the comprehensive plan for future public facilities. (Ord. 1161 §1(part), 1984).

16.12.040 Provision for future subdivision.

If a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical further subdivision. (Ord. 1161 §1(part), 1984).

16.12.050 Reserve strips.

There shall be no reservation of strips of land that prevent or limit access to land dedicated or intended to be dedicated to public use. (Ord. 1161 §1(part), 1984).

16.12.060 Buffer planting strips and fences.

Where a residential subdivision adjoins a railroad right-of-way, a waterway, an industrial area, a business area or other land use which would have a depreciating effect on the residential use of the property, a buffer planting strip up to fifteen feet in width and suitably planted to form a screen and/or fence may be required by the planning commission. The inside buffer planting strip line will be used for purposes of measuring setbacks. (Ord. 1161 §1(part), 1984).

16.12.070 Building sites.

Every lot must contain a suitable building site and must be able to conform to the requirements of Titles 15 and 17 for the erection and location of building structures. (Ord. 1161 §1(part), 1984).

16.12.080 Yard encroachments.

No portion of a building, be it foundation, chimney, steps, deck, bay window or other permanent protuberance, may encroach into a required yard; provided, however, that eaves may project up to four feet into any required yard so long as no eave is closer than five feet to a property line forming part of a side yard. (Ord. 1161 §1(part), 1984).

16.12.090 Trees.

Valuable large trees shall be preserved whenever possible. Where planting strips are provided with trees, such trees shall not be of a low bushy species that might obstruct vision. Trees or shrubs situated within a forty-foot radius from intersecting property lines at a street intersection shall not have branches closer than eight feet to the ground. (Ord. 1161 §1(part), 1984).

16.12.100 Variances.

Variations to and exceptions from the design and dimensional standards and improvement requirements of this title may be made by the council upon the recommendation of the planning commission in cases where, owing to exceptional conditions, there are extreme difficulties or hardships in the way of carrying out the strict letter of the title. No variation or exception shall be made that will be detrimental to the public welfare or that will affect adversely the comprehensive plan. (Ord. 1161 §1(part), 1984).