§ 741-105 — Applicability

Sec. 741-105. - Applicability.

A. Districts. In accordance with IC 36-7-4-701, Section 742-102 (Districts) of the zoning ordinance portion of the Zoning Ordinance states in which Zoning Districts and under what circumstances the approval of subdivision plats is required. In accordance with IC 36-7-4-711 and 712, the approval of subdivision plats, when required by the Zoning Ordinance, shall be done in compliance with the provisions of these regulations and in compliance with the Rules of Procedure of the Commission. B. Exemptions. No land required by the Zoning Ordinance to be approved as a subdivision plat may be subdivided through the use of any means other than in accordance with these regulations, except for the following instances: 1. The sale, gift or exchange of residentially or agriculturally zoned parcels between adjacent landowners that does not create additional building sites. 2. The division of residentially or agriculturally zoned land into parcels of three acres or greater in size for exclusively residential or agricultural uses, not involving any new streets or easements of access. 3. A division used exclusively for cemetery purposes and accessory uses associated therewith. 4. A division occurring through the transfer of land for use as a right-of-way for widening a road or railroad or as an easement for public purposes or public utilities, when no new street/road or easement of access is involved. 5. A correction of a description in a prior conveyance provided that the correcting instrument (commonly called a certificate of error or scriveners error used to make a boundary line adjustment between existing parcels) contains a reference to the original instrument of conveyance by date, book and page, or other description. 6. Condominium development governed by IC 32-25 is not regulated by these regulations. 7. A court-ordered division of land. C. Attached dwellings. 1. Approval of a plat for the division of land to allow for the sale of individual single-family attached dwelling units in a residential development or an individual unit in a two-family dwelling shall be granted by the Administrator if the following conditions are met: a. The land has been developed with and is occupied by a single-family attached dwelling or two-family dwelling; b. The total number of dwelling units permitted and remaining to be platted on the entire tract are the same; and c. The land being divided or transferred under this exemption is covered by a recorded declaration of covenants subjecting the land and Improvements thereon to procedures and conditions regulating the manner in which improvements may be expanded, reconstructed and maintained. D. Lot of record or non-conforming lots/parcels. 1. A lot of record or parcel lawfully created before August 8, 1966 that has been maintained in individual ownership, may be used for residential purposes for a dwelling or may continue to be used for another use that is allowed in the Zoning District without further review under this Chapter 741, until such lot of record or parcel is further subdivided.

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 4)