§ 58-392. Lot consolidations of residential lots.

(a)

Pursuant to the policies of the comprehensive plan regarding residential lot consolidations, planning commission recommendation and city commission approval is required for the following types of lot consolidations of residential lots (or portions thereof):

(1)

The new consolidated lot's dimensions are 150 percent greater than certain dimensional standards for that area, as described below:

a.

For a property on a block composed of properties where the average lot frontage is greater than 60 feet, approval is required where the new lot's frontage or area will be 150 percent greater than the minimum lot frontage or area requirements for that zoning district. For example, for a property zoned R-1A, the 150 percent threshold shall be met if the new lot exceeds by 150 percent the R-1A minimum 75-foot lot width or the minimum 8,500 square foot area.

b.

For a property on a block composed of properties where the average lot frontage is less than or equal to 60 feet, approval is required where the new lot's frontage or area will be 150 percent greater than the average frontage or area on that block; or

(2)

The new lot will be 150 percent greater than the existing lot through the aggregation of lot(s) (or portions thereof) which: (1) are located behind the subject property, and (2) front on another street.

(b)

Exceptions. Notwithstanding the requirements of subsection 58-392(a) above, a lot consolidation approval by the city commission shall not be required for the following:

(1)

The new lot adds 25 feet or less of width. However, this exception shall not apply to new lots which add lot depth.

(2)

The property owner voluntarily executes a binding deed restriction to run with title to the entire parcel which limits and restricts the maximum allowable floor area ratio to the total square footage that would have been permitted prior to the consolidation. Said deed restriction shall prohibit the removal of the deed restriction without the express approval of the city commission. Any subsequent request for removal of the deed restriction shall comply with the process and procedures for lot consolidation as outlined in this section.

(c)

The following shall be considered in the review of residential lot consolidations:

(1)

The proposal will not adversely affect access, design or other public safety concerns relevant to the original approval of plats, if any;

(2)

The proposal will not violate any plat conditions;

(3)

The proposal will not violate this Code;

(4)

The proposal will not invalidate any easements;

(5)

No new streets will be created; and

(6)

The proposal will not be out of scale with the existing street or with the neighborhood character.

(d)

In their consideration of lot consolidation requests, the city commission may limit the applicable floor area ratio, require greater setbacks or impose other restrictions as a condition of approval in order to preserve neighborhood scale and character.

(e)

The public notice, process and procedure for the review of lot consolidation requests shall be the same as for the review of subdivision plats in sections 58-373—58-376.

(Ord. 2819-10, § 4, 8-23-10)