HILLSBORO SUBDIVISION ORDINANCE

ORDINANCE NO. 2808-7-77

ARTICLE V

Minor Partition

Section 1.  Submittal Requirements and Administrative Procedure.  Minor partitions shall be reviewed, approved, approved with conditions, or denied by the Planning Director.  

(A)         An application for a minor partition shall be filed with the City on the form provided by the Planning Department, together with 12 copies and the fees required by Article XI of this Ordinance.  The application shall include the information specified in Article II, Sections (1) (A), (1) (E), (1) (F), and (1) (G). 

(B)         Applications for minor partition approval shall be reviewed for compliance with Zoning Ordinance requirements regarding minimum and maximum densities, lot dimensions, and other applicable Zoning Ordinance provisions, and under administrative rules approved by the Planning Commission. 

In addition to these rules, the Planning Director shall require that minor partition applications include geotechnical investigation reports as specified in Article II, Section (1) (E) (6).  Unless the Planning Director determines that a geotechnical investigation is warranted due to site-specific characteristics, projects meeting all of the following criteria are exempt from this requirement:  the construction value of the project is $150,000 or less; the project will not involve the import, export, and/or on-site movement of more than 100 cubic yards of earth; there is no evidence of any previous fill on the site to a depth exceeding one foot; the project does not include proposed fill on the site to a depth exceeding one foot; and no portion of the site has a slope in excess of ten percent (10%).  (Amended by Ord. No. 3007/6-79, 3322/5-82, 3978/2-91, 4134/3-93, 4896/3-00, 5314/10-03, 5595/1-06, and 5780/8-07.)

Section 2.  Review and Approval. Approval, conditional approval, or denial will be made based on conformance of a preliminary partition plat with applicable standards, statutes, rules and ordinances.  Approval of the final partition plat shall be based upon conformance with any applicable conditions, and shall be evidenced by the signature thereon of the Planning Director, with the date of such approval.  Any decision of the Planning Director may be appealed according to the provisions of Article VIII of this Ordinance. (Added by Ord. No. 3978/2-91 and amended by Ord. No. 4903/5-00, and 5780/8-07.)

Section 3.   Fees. For purposes of defraying the cost incurred by the City in processing preliminary and final plats for minor partition applications, each application by a property owner or the authorized agent of the owner for preliminary or final partition plat approval shall be accompanied by fees as established by the City Council under Article XI of this Ordinance.  All recording costs for legal instruments required by the City must also be paid by the applicant. (Added by Ord. No. 5780/8-07.)

Section 4.  Lot Size Limitation for Partitions.  A parcel of land or the aggregate of contiguous parcel under the same ownership, containing sufficient net buildable area to allow creation of four or more lots meeting the minimum requirements of Zoning Ordinance No. 1945 as amended, shall be divided only in conformance with the procedures and standards specified in Articles II and III of this Ordinance. 

A parcel, partitioned solely for the purpose of segregating one separate smaller parcel for an existing or proposed single family house, shall be exempt from the provisions of Section 4 of Article V.  The parcel to be created for the single-family house shall not contain sufficient lot area to allow further partitioning under the standards of the applicable existing zone.  (Amended by Ord. No. 5780/8-07.)