Chapter 24.10 Subdivision Platting


Section 24.10.010 General provisions.

    1. Short title.  This chapter shall be known, cited and referred to as the subdivision regulations of the city of Sioux City, Iowa.
    2. Purpose.  The purpose of this title is to establish procedures, standards and regulations that:
        a. Implement the general plan for the community;
        b. Promote, preserve and protect the health, safety, morals and general welfare of the community;
        c. Preserve architecturally, historically, and archeologically significant areas of the community;
        d. Preserve environmentally sensitive areas of the community;
        e. Provide a balance between the rights of landowners and the responsibility and authority of the city to review and regulate the subdivision of land and the installation of public improvements;
        f. Provide for accurate, clear and concise legal descriptions of real estate in order to prevent boundary disputes or real estate title problems; and
        g. Provide for a balance between the rights of individual land owners and the economic, social and environmental concerns of the public.
    3. Intent.  The intent of the regulations, procedures and standards set forth in this title is to:
        a. Conserve the value of property throughout the community;
        b. Encourage efficient urban development with appropriate use of land;
        c. Protect soil from wind and water erosion;
        d. Lessen congestion in the streets;
        e. Secure safety from fire, flood, panic and other dangers;
        f. Provide adequate light and air;
        g. Prevent overcrowding of the land;
        h. Avoid undue concentration or dispersal of population;
        i. Promote conservation of energy resources and reasonable access to solar energy; and
        j. Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements.
        k. Encourage economic development.
    4. Authority.  
        a. General.  The city council is authorized by the provisions of chapter 354 of the 2001 Iowa Code to review and consider approval of subdivision plats .  
        b. Extraterritorial jurisdiction.  Pursuant to authority granted in the section 354.9 of the Iowa Code and any 28E agreements with other jurisdictions, the city shall review all subdivisions created within the state of Iowa which are, outside its corporate limits, but are within a distance of up to two miles from the corporate boundary.
    5. Policy interpretation.  
        a. The regulation of subdivision and subsequent development of land is an implementation of the city’ s general plan for orderly and efficient development of the community.
        b. Land to be subdivided must be capable of safe use for building purposes.
        c. Land shall not be subdivided until adequate public improvements such as stormwater drainage, water, sanitary sewer, transportation facilities, schools, parks and recreational facilities either exist or are assured.
        d. Public improvements shall conform to the approved comprehensive general plan and the Sioux City Design Standards Manual.
        e. The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and general welfare and are not intended to limit or annul any more restrictive regulation or private agreement.
    6. Jurisdiction.
        a. The regulations in this chapter shall apply to any division, subdivision or resubdivision of a lot, tract or parcel of land either for the purpose of sale or transfer of the land or for building development, whether imminent or future.
        b. These regulations shall not restrict the acceptance or granting of deeds or other dedications of land by the city or other government when such action is in the public interest and not for the purpose of circumventing these regulations.
    7. Exceptions.  
        a. The city council may make exceptions, modify or defer the requirements of this chapter based upon a finding that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations.  
        b. No such exception, modification or deferral may be approved that has the effect of nullifying the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited.  
        c. The city council may impose conditions needed to assure that the purpose and intent of these regulations are met.
    8. Enforcement.
        a. The planning director shall administer the provisions of this chapter.
        b. No certificate of zoning compliance, building permit, grading permit or certificate of occupancy shall be issued for any parcel of land divided contrary to the provisions of this chapter. (Ord. 2007-0220, 2001-0849)