§ 25-4-232. SMALL LOT SUBDIVISIONS.

(A)

This section applies to a subdivision with small lots.

(B)

A small lot subdivision may not be approved unless service is available to each lot in the subdivision from public water and centralized sewer systems.

(C)

A small lot subdivision must comply with the following requirements:

(1)

Minimum lot area is:

(a)

3,600 square feet, except for a corner lot; and

(b)

4,500 square feet for a corner lot.

(2)

Minimum lot width is:

(a)

40 feet for an interior lot, or 35 feet if access to the lot is provided by a joint access driveway at the front of the lot or by a paved alley or paved private access easement at the rear of the lot;

(b)

50 feet for a corner lot, or 45 feet if access to the lot is provided by a joint access driveway at the front of the lot or by a paved alley or paved private access easement at the rear of the lot; and

(c)

40 feet for a lot on a cul-de-sac or curved street, except it may be 33 feet at the front lot line.

(3)

Minimum front yard setback is 15 feet.

(4)

Minimum street side yard setback is ten feet.

(5)

A lot may have one zero lot line.

(6)

The combined side yard setbacks of a lot may be not less than seven feet.

(7)

Except for a patio or patio cover, the minimum distance between structures on adjoining lots is seven feet. The minimum distance between a patio or patio cover and the roof line of a structure on an adjoining lot is six feet.

(8)

The wall of a structure built adjacent to a zero lot line or within three feet of a common side lot line must be solid and opaque and may not contain an opening.

(9)

Minimum rear yard setback is five feet, excluding drainage easements.

(10)

Minimum setback is ten feet between a rear access easement and a building or fence.

(11)

Maximum building coverage is 55 percent.

(12)

Maximum impervious cover is 65 percent.

(13)

Maximum building height is 35 feet.

(14)

A lot may have not more than one dwelling unit.

(15)

Two off-street parking spaces are required for each dwelling unit.

(16)

A maintenance easement is required in the dominant side yard of a lot.

(17)

A use easement is required in the subordinate side yard of a lot.

(18)

A lot that is less than 50 feet wide and that fronts on a collector street must have a paved alley or paved private access easement along the rear property line.

(19)

Minimum pavement width of a private access easement is 25 feet. In the extraterritorial jurisdiction, the minimum pavement width is 25 feet or the width required by the county, whichever is greater.

(20)

A lot may not front on an arterial street.

(21)

Underground utility service to all lots is required.

(22)

Maintenance of a common area or access easement is the responsibility of the adjoining property owner or the homeowners' association, in accordance with the required Declaration of Covenants, Easements, and Restrictions.

(D)

The director may not record a plat of a small lot subdivision unless a Declaration of Covenants, Easements, and Restrictions or similar document has been approved by the city attorney, recorded, and referenced on the plat. The document must contain the following:

(1)

a statement that the subdivision is developed under this section and incorporating the requirements of this section by reference;

(2)

a description of the requirements of Subsections (C)(1) through (14) and an imposition of those requirements as a restriction running with the land; and

(3)

a restriction of the use of the property to:

(a)

one-family dwellings except mobile homes;

(b)

accessory uses permitted in an SF-3 district;

(c)

parks, playgrounds, open space, and common areas providing recreational amenities to the subdivision; and

(d)

growing agricultural crops;

(4)

provisions for the maintenance easements and use easements required by this section; and

(5)

provisions obligating the adjoining property owner or the homeowners' association to maintain common areas and access easements.

Source: Section 13-2-435; Ord. 990225-70; Ord. 000511-109; Ord. 030731-53; Ord. 031211-11.