§ 21-66. Requirements for lots divided by a right-of-way or easement.

Where a single lot or parcel that has been recorded in the public records of Polk County under a unified legal description, and is subsequently divided by a public right-of-way, road, alley or major easement, the following standards shall apply:

(a)

Where the land area on each side of the right-of-way or easement meets the minimum lot width and area required by the applicable zoning district, the property shall be considered two (2) lots.

(b)

Where the land area on one (1) or both sides of the right-of-way or easement fails to meet the minimum size requirement, then the property shall be considered one (1) lot for the purposes of this Code. A principal structure may be located on the larger portion of the property, if it meets the minimum lot width and area required by the applicable zoning district.

(c)

No proposed subdivision plat that includes a lot divided by a right-of-way or easement shall be approved, unless such lot meets the minimum lot requirements on one (1) side of the right-of-way or easement required by the applicable zoning district.

(Ord. No. O-00-09, Art. 2 (2.03.06), 4-24-00)