§ 42-14. Where a subdivision is a unit of a larger tract.

(a)

Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary plat shall cover the entire area of common ownership or joint development, showing the tentative proposed layout of streets, blocks drainage, and other improvements for such areas. Thereafter, final plats of subsequent units of such subdivision shall conform to such approved preliminary plat, unless changed by the commission. However, except where the subdivider agrees to such change, the commission may change such approved preliminary plat only when the commission finds:

(1)

That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this chapter; or

(2)

That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.

(b)

If a final plat or any combination of final plats comprises 90 percent or more of the unplatted property in common ownership on the preliminary plat and the remaining unplatted land would be three acres or less, then a final plat for the entire remainder of the property shall be submitted for approval.

(Code 1994, ch. 9, art. 14; Ord. No. 248, exh. A(art. 14), 3-24-1997)