§ 18.40.180 Lot Splits | Olathe Unified Development Ordinance

18.40.180 Lot Splits

Purpose: This section provides an expedited procedure to divide individual lots into two (2) lots without replatting.

1. This section applies to lot splits, which include any of the following:

a. A previously platted lot divided as a lot split by either metes and bounds description or by replatting. A metes and bounds division may only be divided one (1) time and by only one (1) new dividing lot line under the lot split process. Any further division requires replatting.

b. Lots zoned for commercial and industrial purposes may be divided into two (2) or more tracts without replatting the lot. However, the lot so produced shall conform to all minimum standards of this ordinance and other applicable codes of the City.

2. The Planning Official may require the lot split to be approved as a minor plat if it determines that:

a. The lot splits would result in increases in service requirements beyond those created by a single-family dwelling for utilities, schools or traffic,

b. Interfere with maintaining existing service levels (e.g., additional curb cuts or repaving), or

c. Involve private easements for access or utilities; review may be required.

Lot split applications are submitted by the landowner to the Planning Official.

See Section 18.40.040, Completeness Review.

1. The Planning Official approves, approves with conditions, or denies a lot split. A lot split is not subject to the procedures for platting (Sections 18.40.150 to 18.40.170).

2. The Planning Official shall act upon a lot split application within thirty (30) days after receipt of a complete application.

3. If the application is approved, the Planning Official shall sign and furnish a certificate of approval to be affixed to the lot split survey.

4. The applicant may appeal the denial of an application for a lot split to the Planning Commission. The Planning Commission shall act on the appeal within thirty (30) days following the filing. All decisions of the Planning Commission are final.

1. All lots produced by a lot split shall conform to all minimum standards of this title and other applicable City codes.

(⇔ Cross-Reference: See exception for duplexes and two-family homes in Chapter 18.50)

2. The new lots created by a lot split shall include adequate street rights-of-way and easements to serve the properties.

3. No lot split shall be approved if any of the following conditions exist:

a. A vacation of streets, alleys, utility easements or other public reservations is required or proposed (all of which would require a property to be replatted in accordance with Section 18.40.140 to 18.40.160 or 18.40.170);

b. The split will result in a lot without access to a street;

c. The lot split results in a lot being split into more than two (2) tracts, except as may be otherwise provided by subsection A, above.

4. The Planning Official may establish conditions of approval that are needed to carry out the intent and purpose of the requirements of this title that exist at the time of approval and Governing Body policies where those requirements are reasonably related to the development of the properties. These include, but are not limited to, installation of public facilities, dedication of right-of-way and easements and submission of covenants for the protection of other landowners in the original subdivision.

1. When an application for a lot split is withdrawn or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. A new lot split application showing major modifications and/or revisions to the withdrawn or denied lot split application may be submitted at any time.

A lot split does not authorize development. After the lot split is approved, the applicant may file any required permits to develop the property, such as site plan or building permit applications.

A certified copy of the lot split shall be filed with the Register of Deeds office and the Planning Division within two (2) years following approval. Lot splits which are not timely recorded are null and void. (Ord. 17-52 §§ 26, 41, 2017)