§ 54-32. Lot split, and lot consolidation, and property line adjustment development permits.

(a)

Lot split. A development permit for a plat or replat that splits a lot or parcel from one lot or parcel into two lots:

(1)

Process. No development permit for a lot split shall be issued except upon findings by the city administrator that:

a.

A survey showing all lots subdivided, lot boundaries, existing buildings; plus existing and proposed streets, alleys, drainage structures, easements, and other requirements provided by the administrator; has been provided to and approved by city staff.

b.

The lot has not been split in the preceding 365 days, or the lots are in a commercial zoning district;

c.

The new lots, and any improvements or use of the land, conform with this Municipal Code; and that

d.

The buildable lots:

(i)

Will each abut a public street; or

(ii)

By permanent easement of record, which easement shall run with the burdened and benefited land, and by construction approved by the administrator, will provide full access to a public street, for free occupancy by public utilities and for free transit by public safety equipment; and

(iii)

Will have all infrastructure required by law.

(2)

Notice. Notice of each lot split development permit shall be as follows:

a.

By posting within ten days after filing a lot split application, and maintaining until final disposition, notice of the development permit application, and the agency or office and telephone number where further information may be obtained; and

b.

Within ten days after filing a lot split application with the city, the applicant shall mail notice of:

(i)

The subject of the application, including property address and proposed lot split, and of

(ii)

The agency or office and telephone number where further information may be obtained.

(b)

Lot consolidation. A development permit for a plat or replat that combines adjoining lots (under common ownership) into fewer lots, by removal of the common lot line(s), may be issued upon the administrator's finding that:

(1)

An accurate survey showing all lots consolidated, lot boundaries, existing buildings; plus existing and proposed streets, alleys, drainage structures, easements, and other features or improvements as may be required by the city administrator has been provided to and approved by city staff;

(2)

The consolidated lot meets the standards of its zoning district;

(3)

The consolidation will not substantially damage the value of neighboring properties; and

(4)

The consolidation is consistent with sound planning of the city's growth in terms of health, safety, and convenience within the neighborhood and any affected vicinity.

(c)

Property line adjustment. A development permit for a plat or replat that is used to relocate an existing common property line between two abutting properties, may be issued upon the administrator's finding that:

(1)

An accurate survey showing all lots adjusted, lot boundaries, existing buildings; plus existing and proposed streets, alleys, drainage structures, easements, and other features or improvements as may be required by the city administrator has been provided to and approved by city staff;

(2)

No additional lots or parcels are created;

(3)

The consolidation will not substantially damage the value of neighboring properties; and

(4)

The property line adjustment does not bring either property out of conformance or further out of conformance with development standards of chapter 102 of this Code.

(d)

Expiration. The development permit authorizing a lot or parcel split, lot consolidation, or property line adjustment shall expire 45 days after issuance, and shall be deemed void from the beginning, unless the city authorized survey, plat or replat, properly showing the location and dimensions of the lots, is recorded with the Benton County Recorder, and unless two copies of that record are promptly delivered to the city administrator.

(Ord. No. 97-16, § 1, 5-20-1997; Ord. No. 97-29, 9-2-1997; Ord. No. 01-03, § 2, 3-20-2001; Ord. No. 03-40, 12-2-2003; Ord. No. 06-36, § II, 12-5-2006; Ord. No. 19-11, § 13, 5-7-2019)

Editor's note

Ord. No. 19-11, § 13, adopted May 7, 2019, changed the title of § 54-32 from "Lot split and lot consolidation development permits" to read as herein set out.