§ 25-4-33. ORIGINAL TRACT REQUIREMENT.

(A)

An original tract is a tract that:

(1)

is a legal lot or tract; or

(2)

was a legal lot or tract before being subdivided in violation of ordinance requirements.

(B)

An applicant shall include all land in the original tract in an application for preliminary plan or plat approval.

(C)

The Land Use Commission may waive the requirement of Subsection (B) if the Land Use Commission determines that the requirement is impractical or imposes an unreasonable hardship on the applicant.

(D)

The director may waive the requirement of Subsection (B) if the director determines that:

(1)

subdividing only a portion of the original tract will not substantially impair the orderly planning of roads, utilities, drainage, and other public facilities;

(2)

the portion of the original tract contiguous to the area to be subdivided has direct access to a public street, or the applicant has provided access to a public street by dedicating right-of-way at least 50 feet wide;

(3)

a reasonable use of the balance of the original tract is possible; and

(4)

the applicant has mailed, by certified mail, to all owners of land that is a portion of the original tract and contiguous to the land included in the application a request that each owner provide written confirmation to the director that:

(a)

the owner's land is not a legal lot or tract; and

(b)

the owner must plat the land before the City may approve a development permit or a utility company may provide initial or additional service.

(E)

If the director does not receive the written confirmations requested under Subsection (D)(4) by the 10th day after the requests were mailed, the director shall mail, by certified mail, to each owner a notice containing the statements described in Subsections (D)(4)(a) and (b).

(F)

In making a determination under Subsection (D)(3) that a reasonable use of the balance of the original tract is possible, the director may require that the applicant provide a schematic land plan of the balance of the original tract. The director may not require that the applicant provide detailed engineering information.

(G)

An interested party may appeal the director's determination under this section to the Land Use Commission.

(H)

An applicant who satisfies the requirement of Subsection (D)(2) by dedicating right-of-way to provide access to a public street is not required to construct improvements within the right-of-way.

Source: Sections 13-1-481(c) and 13-1-481.1; Ord. 990225-70; Ord. 000309-39; Ord. 010607-8; Ord. 031211-11.