§ 32-6. Plat not required.

(a)

Double dwelling units. No plat shall be required for subdivisions of lots in Double Dwelling Unit Districts but only a party wall division pursuant to subsection (c) of this section shall be required.

(b)

Lot line adjustment. No plat shall be required for any lot line adjustment which adjusts or relocates a common lot line separating two lots and which does not create a new undeveloped parcel, tract or lot that complies, alone or in combination with one or more other parcels, tracts or lots, with the applicable minimum lot area and other requirements of this chapter and section.

(c)

Procedure. Lot line adjustments may be approved by the city planner if the following conditions are met:

(1)

Lot line adjustment conditions.

a.

The new legal descriptions for the properties are metes and bounds;

b.

The adjustment does not result in the creation of a new lot, does not make one of the lots large enough to be eligible for further subdivision, and does not make an unbuildable lot buildable; and

c.

The resulting parcels meet all applicable ordinance requirements, except that if one of the parcels was previously non-conforming, it must become more conforming as a result of the subdivision.

(2)

Party wall division conditions.

a.

The new legal descriptions for the properties are metes and bounds;

b.

The multi-family building is already built;

c.

The lot line(s) is along an existing, common wall;

d.

The division does not make one of the lots large enough to be eligible for further subdivision;

e.

Verification has been provided that the building would meet building code requirements with the new lot line;

f.

The following items are submitted for review by the city attorney, who will designate which items must be recorded:

1.

Documents establishing how the building, common sewer and water lines and any common drives will be maintained and who will be responsible; and

2.

Common access easements for each lot.

(3)

Application process.

a.

An application to adjust a lot line between two existing lots or divide a lot along an existing party wall(s) of a multi-family building must [be] submitted to the planning division. The application must be accompanied by all of the following:

1.

An application fee.

2.

A full legal description of the existing properties, as documented by current land title records.

3.

An existing conditions survey. The survey must include: lot dimensions, all platted and recorded easements, all existing structures with dimensions to show size and location, structure setbacks from all property lines, and the location of existing driveways and utility lines.

4.

A proposed conditions survey. The survey must include: the proposed lot lines, all platted, recorded, and proposed easements, all existing structures with dimensions to show size and location, structure setbacks from all property lines, and the location of existing driveways and utility lines.

5.

Evidence of the current condition of title to the land affected by the lot line adjustment, which may include an abstract of title or registered property abstract or a commitment for an owner's policy of title insurance. The city attorney may require the applicant to also provide copies of recorded instruments that are referenced in the submitted title evidence.

b.

After receipt of the application, the city planner will consider the subdivision's consistency with this section.

(Code 1992, § 810.04; Ord. No. 804, 12-13-1989; Ord. No. 1998-5, 8-26-1998; Ord. No. 2006-01, 3-6-2006; Ord. No. 2009-05, 4-21-2009; Ord. No. 2015-07 , § 1, 5-19-2015)