The objective of this Article is to provide for the division of a tract of land or lot into not more than 2 tracts or lots without having to comply with the platting requirements described in Article 2. Such tract or lot split shall be subject to the guidelines established in Section 3-104 and any further divisions of the tract(s) or lot(s) shall be platted in compliance with the requirements of Article 2.

The Zoning Administrator is hereby authorized to approve or disapprove a tract or lot split in accordance with the provisions of this Article. Appeals from a decision made by the Zoning Administrator may be made by the applicant to the Governing Body for a final determination.

The application for a tract or lot split shall be made to the Zoning Administrator on forms provided and shall be accompanied by the following information:

1. Three copies of a drawing to a scale of not less than 1” = 100’ showing the lots involved, the precise location of any structures thereon, and the location and dimensions of the original and proposed lots or tracts. Said drawing shall be a certificate of survey from a licensed land surveyor to determine the exact location of the structures and the precise dimensions of the lots or tracts.

No tract or lot split shall be approved if one or more of the following applies:

1.    A new street or alley is needed or proposed.

2.    Such action will result in significant increases in service requirements, e.g., utilities, traffic control, streets, etc.; or will interfere with maintaining existing service levels, e.g., additional curb cuts or points of access, repaving, etc.

3.    There is less street right-of-way than required by this Ordinance, unless dedication of additional right-of-way can be made by separate instrument.

4.    Any easement requirements have not been satisfied.

5.    Such split will result in a tract or lot without direct access to and/or less than 65 feet of frontage on a street.

6.    A substandard sized tract or lot will be created according to this Ordinance or the Girard Zoning Ordinance.

The Zoning Administrator shall, in writing, either approve, with or without conditions, or approve the tract or lot split within 15 working days of the application. The Zoning Administrator may make such additional requirements as deemed necessary to carry out the intent and purpose of this Ordinance. Such requirements may include, but not be limited to, installation of public facilities or dedication of right-of-way and/or easements.

Nothing in this Article shall be deemed to be in conflict with K.S.A. 79-405 et seq.