Subdivisions & Lots
The subdivision process allows for the division of property with distinct, official legal descriptions. Property is divided into a tract or tracts with proper ingress, egress, and easements and dedications to provide for adequate infrastructure to provide water, sewer, storm drainage, electric, cable, gas, emergency, and other services safely.
Subdivision & Development Regulations
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What is a Lot Split and Lot Line Adjustment?
Oklahoma State Statutes, Title 19, § 863.10 states that when property is being conveyed that is not an entire approved or official lot, it must be approved by the local Commission if the property is platted, or if any parcel of the unplatted property is five acres or less. These types of property transfers are referred to as ‘Lot Splits’ and the Commission shall apply the same regulations as are applied to subdivisions for planning purposes. The Tulsa Metropolitan Area Planning Commission (TMAPC) has jurisdiction for all of the City of Tulsa and the unincorporated parts of Tulsa County.
Oklahoma State Statutes, Title 19, § 863.9. states that property being divided into five or more tracts/parcels or involving the right-of-way or alignment of an existing or proposed street or highway is considered to be a subdivision rather than a lot-split.
Land divisions that are exempt from the lot split or subdivision process are required to apply for Exempt Land Division status through the TMAPC office. This application will result in stamp on the deeds of the new properties that states the following:
I, [insert name], Land Use Administrator for the Tulsa Metropolitan Area Planning Commission (TMAPC), certify that this conveyance does not constitute a land division requiring review under otherwise applicable subdivision or lot split procedures of the TMAPC. Because of its “exempt” status, the TMAPC has not reviewed this land division for compliance with applicable zoning and subdivision regulations. Prospective purchasers should be aware that plans for building and development may be denied for lots that do not meet applicable zoning, subdivision or building regulations. This approval expires if not recorded before [insert date].
Lot Splits that involves the division or land and or the combination of two or more previously separate parcels of land is called a ‘Lot Line Adjustment’.
Lot-splits and Lot Line Adjustments are also governed under the Subdivision and Development Regulations for the Tulsa Metropolitan Area.
Can My Property Be Split?
Important Terms for Agricultural and Residential Zoning Districts
The Agricultural and Residential zoning districts have four requirements that may seem confusing: the lot area, the land area per dwelling unit, the average lot width, and the street frontage.
Lot Area is the size of the lot of record.
Land Area is the area of a lot plus one-half or 30 feet, whichever is less, of the right-of- way of any abutting street to which the lot has access. Note that this is the land area per dwelling unit. The measurement is only applicable to Unincorporated Tulsa County Applications.
Average Lot Width is the averaging of the lot width, keeping the depth of the lot, if the lot is not square or rectangular. The formula used to determine the average lot width is to take the total square foot of the proposed tract and divide it by the depth, or the deepest part of the lot. The average lot width is not the required street frontage.
Street frontage required in the Agriculture and Residential zoning districts essentially is 30 feet on a public street. See Section 5 and 25 of the Tulsa Zoning Code and Section 207 of the County Zoning Code for more details.
Notes for Other Zoning Categories
The use on the subject property also plays a major role in lot-splits. Each type of use is assigned a Use Category (City) or a Use Type (County); these can be found in Chapter 35 (City Zoning Code) and Appendix E of the County Zoning Code). While the street frontage and setback requirements are found under the zoning chapter, other requirements, including the number of parking spaces, are found under the Use Type or Use Unit number in Chapter 55 (City Zoning Code) or Chapter 12 (County Zoning Code).
Property located within a Planned Unit Development (PUD) or in a Corridor zoning district will require a minor amendment to reallocate floor area space, at a minimum. Detail site plans or major amendments may be required.
Requirements to Meet under the Subdivision & Development Regulations
According to the Subdivision Regulations, water service must be available to each proposed tract. Within the city, each proposed tract must abut a water main line. If water service is supplied through an entity other than the City of Tulsa, a letter from that entity advising if they can provide water to each tract is required.
Each proposed tract located within the City, must abut a sanitary sewer main line. This is also required for property located in the County using City of Tulsa sanitary sewer. Properties using septic (City and County) must meet the Department of Environmental Quality requirements. For those properties located within the City of Tulsa that do not have access to the sanitary sewer main line, a percolation test may be required.
If the current street right-of-way does not meet the standards according to the Major Street and Highway Plan (MSHP), the owner will need to give additional property to the city/county to meet the requirements for that roadway. Street designations are reflected on the MSHP in Appendix C in both Zoning Code books. Traffic Right-of-Way Standards are also located in Appendix C of both Zoning Codes and the Subdivision Regulations. Standard streets/roads not included on the MSHP are 50 feet in the City and 60 feet in the County.
The creation of a flag lot will require a modification of the Subdivision and Development Regulations. A flag lot is a parcel of land shaped like a flag, with a narrow strip providing access to a public street and the bulk of the property containing no street frontage.