05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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May 19, 2022 <br />38 <br /> <br />(d) Lot Density Restrictions. For the purpose of encouraging orderly and economically- <br />feasible growth, preventing new developments from creating economic strains on county <br />residents, protecting the county's valuable farmland and agricultural traditions, <br />promoting development that will more easily convert to an urban environment and <br />implementing the goals and objectives established by the 2005 Cass County <br />Comprehensive Plan and supported in the 2018 Cass County Comprehensive Plan the <br />following lot density restriction is established. This density restriction will promote small, <br />truly rural developments that will mesh more easily with existing agricultural land and <br />activities and will encourage larger urban style subdivisions to develop in the urban fringe <br />and other areas with supportive infrastructure. Developments built beyond the density <br />restriction will be constructed with full supportive urban infrastructure, ensuring <br />developments that will more easily transition into an urban development upon <br />annexation without extensive and costly infrastructure upgrades. Except as noted in the <br />exemptions below, no subdivision of land shall exceed one (1) buildable lot per quarter- <br />quarter section or government lot. <br />1. If the development has followed the transfer of development rights pursuant to this <br />Ordinance and in accordance with all other required provisions of this Ordinance; or <br />2. If the subdivision will be built to full urban design standards and the strictest requirements <br />outlined within Article VI of this Ordinance; including but not limited to paved roads with <br />curb and gutter, a paved access road, municipal sewer system, public water supply system <br />with functioning fire hydrants, stormwater facilities, street lights, street trees, street signs, <br />sidewalks, bike paths and park dedications. <br /> <br />(e) Development Rights. Except as noted below, every quarter-quarter section, government <br />lot, or existing legally subdivided lot or “legal lot” as of March 6, 2006 is granted one (1) <br />Development Right to create a buildable lot. Development Rights can be used, held or <br />transferred to contiguous properties under common ownership. Development Rights <br />may not be transferred if the land has any one of the following characteristics: <br />1. Land that has an existing dwelling, either residential or agricultural. In these situations, the <br />Development Right has been used. <br />2. Land that has an existing commercial use or other non-agricultural use. <br />3. Land that is not under complete and common ownership. <br />4. Land that does not have a suitable building site due to a covenant, easement, conservation <br />easement or deed restriction, unless and until such time as said covenant, easement or <br />restriction is dissolved or rescinded. <br />5. The subdivision will be built to full urban design standards and the strictest requirements <br />outlined within Article VI of this Ordinance; including but not limited to paved roads with <br />curb and gutter, a paved access road, municipal sewer system, public water supply system <br />with functioning fire hydrants, stormwater facilities, street lights, street trees, street signs, <br />sidewalks, bike paths and park dedications. <br />
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