§ 46-40. Density relations.

For the purpose of this article, subdivisions shall be classified as complete utility, partial utility, potential utility, or private service subdivisions. To ensure the economical and sound extension of utility services, to avoid premature concentrations of population and for reasons of health and sanitation, the minimum required area of each lot shall increase as the availability of public services decreases. In areas beyond the city limits, the zoning districts and regulations therefor shall apply except where greater restrictions are imposed by township or county regulations. This article may impose greater lot sizes than required by the zoning ordinance, chapter 90 of this Code, but shall not decrease the minimum of the zoning ordinance. Minor subdivisions in all zones need only conform to or exceed the minimums set in the zoning ordinance except when located upon a major or collector street wherein the provisions of section 46-191(2) shall apply.

(1)

Complete utility subdivision. A complete utility subdivision shall be located only in a primary or industrial service area. At least 50 percent of all lots in a major subdivision shall exceed the minimum lot width and lot area designated by the zoning ordinance by at least six percent. Another 25 percent of all lots shall exceed the minimum lot width and area by at least 12 percent. Corner lots shall be at least 12 percent larger than the minimum zoning requirements.

(2)

Partial or potential utility subdivision in a primary service area. A partial or potential utility subdivision in a primary service area shall only be permitted where the city cannot physically provide public water or public sanitary sewers at the time of platting. A partial or potential utility subdivision is prohibited in a primary service area where utilities are reasonably available or where the city arranges to make them reasonably available. The following density controls shall apply where such full utilities are not supplied:

a.

The plat may conform to the provisions of subsection (1) of this section provided the owner formally agrees to sell only every other lot in the plat until all utilities are installed; or

b.

Where one such utility is installed, the owner may sell all lots without restriction provided all lots exceed the zoning lot width and area requirements by at least 25 percent; or

c.

Where no such utilities are installed, the owner may sell all lots without restriction provided all lots exceed the zoning lot width and area by at least 50 percent.

(3)

Partial or potential utility subdivision in a secondary service area. A potential utility subdivision located in a secondary service area is prohibited where a public water system or public sanitary sewer system is reasonably available or where the city arranges to make them reasonably available. In a partial utility subdivision the minimum lot area shall be 15,000 square feet, provided that 50 percent of all lots shall be six percent greater than the minimum and 25 percent of all lots shall be 12 percent greater than the minimum. In a potential utility subdivision the minimum lot width shall be 125 feet, and the minimum lot area shall be 18,700 square feet.

(4)

Private service subdivision. The minimum width of lots at the building line in a private service subdivision shall be 150 feet, and the minimum lot area shall be 44,000 square feet.

(Code 1970, § 3.343)