APPENDIX D – SUBDIVISION REGULATIONSAPPENDIX D – SUBDIVISION REGULATIONS\ARTICLE 3. LOT SPLITS

3-101 The objective of this section is to provide for the division of a tract of land or lot, following the adoption of these regulations, into not more than two lots which meet the minimum size and area requirements to the zoning district in which said lots are located without having to comply with the platting requirements described in Section 2 of these Subdivision Regulations. The new lots cannot, thereafter, be further subdivided without replatting.

3-201.       Requests for lot split approval shall be made by the owner of the land to the Secretary of the Planning Commission. Four copies of a scale drawing of the lots involved If there are no structures thereon, or, if structures are located on any part of the lot being split, four copies of a survey of the lot(s) and the location of the structure(s) thereon together with the precise nature, location arid dimensions of the proposed lot split, shall accompany the application. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within 200 feet of the property proposed to be split when such property is within the. city limits and to all owners of land within 1000 feet within unincorporated areas. If the property proposed to be split is located adjacent to or outside the city's limits. Such owners shall have 14 days from the date of notification to notify the Planning Commission of any protests they may have concerning the lot split. The 14-day waiting period may be waived upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split.

3-301.       The division of lots pursuant to this section shall comply with applicable zoning laws, these Subdivision Regulations, and all other applicable regulations. No lot split shall be approved if one of the following applies:

1.     A new street or alley is needed or proposed;

2.     A vacation of streets, alleys, setback lines, access control or easements is required or proposed.

3.     If such action will result in significant increases in service requirements, e.g., utilities, schools, traffic control, streets, etc.; or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.

4.     There is less street or road right-of-way than required by these regulations unless such dedication can be made by separate instrument.

5.     Any easement requirements have not been satisfied.

6.     If such a split will result in a lot or tract without direct access to a public street.

7.     A substandard size lot or parcel will be created according to these Subdivision Regulations and the City of Abilene Zoning Regulations, except where a lot split will result in the substandard-sized portion being recombined with an abutting lot or parcel to produce a standard size lot, and where this recombination is duly filed and recorded with the Register of Deeds of Dickinson County.

3-302.       The Planning Commission may make such additional requirements as deemed necessary to carry out the intent and purposes of existing land development regulations and policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right-of-way and easements.

3-401.       The Planning Commission shall, in writing, either approve with or without conditions or disapprove the lot split within 30 days of application. If approved, and after all conditions have been met, the Planning Commission shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy thereof shall be filed with the Register of Deeds, the official designated to issue building or occupancy permits, and a copy shall be furnished to the applicant.