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(1) Except as provided in subsection (2), Middle housing land divisions are subject to the application procedures in EC 9.7900 through EC 9.7925.

(2) An applicant may elect to have a Middle Housing Land Division application reviewed concurrently with a subdivision or partition application. If the applicant elects concurrent review, the procedures that will apply to review and appeal of the Middle Housing Land Division application are the procedures applicable to review and appeal of the subdivision or partition application. EC 9.7640 through 9.7644 and EC 9.7900 through 9.7925 do not apply to Middle Housing applications reviewed concurrently with subdivision or partition applications. All other provisions of this code continue to apply to each application, including but not limited to approval criteria.

(3) The creation of middle housing lots through a middle housing land division is permitted:

(a) On a lot or parcel prior to the development of middle housing, consistent with the approval criteria in subsections (1) and (3)-(9), of EC 9.8194.

(b) On a lot or parcel developed with middle housing, consistent with the approval criteria in subsections (2) and (3)-(9), of EC 9.8194.

(Section 9.8192 added by Ordinance No. 20667, enacted May 24, 2022.)