14-2-1 GENERAL PROCEDURE

1. CLASSIFICATION OF SUBDIVISIONS. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes basically three (3) steps for a minor subdivision and four (4) steps for a major subdivision: a. MINOR SUBDIVISION. 1. Concept Plat 2. Final Subdivision Plat 3. Final Approval from City Council b. MAJOR SUBDIVISION. 1. i. Concept Plat ii. Conditional Use Permit 2. Preliminary Plat 3. Final Subdivision Plat 4. Final Approval from City Council 2. OFFICIAL SUBMISSION DATES. For the purpose of these regulations, for both major and minor subdivision, the date of the regular meeting of the Planning and Zoning Commission at which the notice on final approval of the subdivision plat, including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat at which the statutory period required for formal approval or disapproval of the plat shall commence to run. 3. COORDINATION OF FLEXIBLE ZONING APPLICATIONS WITH SUBDIVISION APPROVAL. It is the intent of these regulations that subdivision review be carried out simultaneously with the review of flexible zoning applications under the Zoning Ordinance. The plans required for flexible zoning applications shall be submitted in a form to satisfy the requirements of the subdivision regulations. a. GENERAL REQUIREMENT. Whenever the Zoning Ordinance authorizes flexible zoning applications which permit uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails the division of the land, vacant or improved, into two (2) or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development either on the installment plan or upon any or all other plans, terms, or conditions, including re-subdivision, whether residential or nonresidential, subdivision approval of the flexible zoning application shall be required by the Planning and Zoning Commission in addition to all other procedures and approvals required in the Zoning Ordinance, whether or not such zoning procedures also require Planning and Zoning Commission approval, review or recommendation. Flexible zoning applications shall include, but not limited to, all special permits and special uses, planned unit developments, group housing projects, community unit projects, average density or density zoning projects, and shall apply to all such applications, whether before the City Council, Variance Committee, Board of Adjustment, Planning and Zoning Commission, Building and Zoning Inspector, or other official or agency of the City. b. PROCEDURE TO BE FOLLOWED. 1. Concept Plan and Preliminary Plat Approval Required - whenever a flexible zoning application is submitted which involves a subdivision of land as set forth is Section 14-2-3 of these regulations, such application shall be submitted first to the City Council and to the Board, Commission, Agency or Official authorized to accept such application under the Zoning Ordinance. The application shall be made on the forms required for a concept plat as set forth in Section 14-2-2 of these regulations and shall include all information required of a concept plat application as set forth herein. The City Council, Board, Commission Agency, or Official shall thereupon refer the application to the Planning and Zoning Commission through concept plat and preliminary plat approval. The Planning and Zoning Commission shall also, when applicable under the provisions of the Zoning Ordinance make such review of use, density, and bulk standards as are required under the flexible zoning regulation. 2. Referral Back For Zoning Approval - The Planning and Zoning Commission shall thereupon refer the concept plan to the City Council for the Conditional Use Permit with its decision of approval, conditional approval, or disapproval, together with such recommend- ations and review of use, density, and bulk standards as it was required to make under the flexible zoning regulation of the Zoning Ordinance, to the City Council, Board, Commission, Agency, or Official authorized under the Zoning Ordinance to approve the application. Application shall then be made to the Planning and Zoning Commission for preliminary and final plat approval. No building permits or certificates of occupancy shall be issued for the project until the zoning application has been finally approved and final subdivision plat approval has been given and the subdivision plat is recorded with the County Recorder. c. RE-SUBDIVISIONS OF FLEXIBLE ZONING DEVELOPMENTS. 1. A flexible zoning development or land use plan may be subdivided or re-subdivided purposes for sale or lease after the project plan has been finally approved and development completed or partially completed. 2. If the subdivision or re-subdivision of a flexible zoning development will create a new plot line, the applicant shall make application to the Planning and Zoning Commission for the approval of the subdivision or re-subdivision. The Planning and Zoning Commission shall approve the subdivision only if simultaneously an amended zoning application is approved for the development plan, by the City Council, Board, Commission, Agency, or Official having jurisdiction under the Zoning Ordinance, for all provisions governing use, density, and bulk standards.