(A) Purpose and applicability. The lot line adjustment is an agreement between adjoining property owners to adjust a common boundary line which does not result in a net gain in the number of lots or parcels. For purposes of this Article, a lot line adjustment shall conform to the following provisions:
(1) A lot line adjustment between owners of adjoining properties within the same recorded final plat solely for the purpose of revisions to common boundary lines; and
(2) Additional lots or parcels are not being created; and
(3) All lots remaining after the lot line adjustment shall contain conforming setbacks and minimum lot size, width, depth, and frontage as required by the Zoning Ordinance, and shall meet all other lot development standards of the Zoning Ordinance.
(B) The Council hereby grants the Development Services Director or his or her designee, hereinafter referred to as "Director," the power and authority to administratively review and approve or disapprove of minor adjustments of lot line boundaries for parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot line adjustments shall comply with all the requirements of the specific zoning district in which the divisions are located. This includes compliance with the following standards, if applicable:
(a) Minimum lot size;
(b) Minimum lot width;
(c) Minimum setbacks; and
(d) Minimum yard or frontage requirements.
(2) No lot line adjustment shall result in more dwelling units than are permitted by the zoning district for which the lot or parcel is located.
(3) No lot line adjustment shall result in a split zoning classification on a single lot or parcel.
(4) No lot line adjustment shall result in the creation of a non-conforming structure or use.
(5) No lot line adjustment shall result in a lack of legal access as defined by city standards to any lots or parcels created by the division.
(D) Application requirements. This section outlines the minimum information needed to enable the city to make informed and expeditious decisions regarding applications for lot line adjustments. Unless exempted by the Director or his/her designee, the information contained in this section shall be provided by each applicant. All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet. Unless otherwise directed, the map data shall be drawn on a sheet size of 18 inches x 24 inches.
(E) Lot line adjustment application process.
(1) Completed city lot line adjustment application form shall be submitted to the Director.
(2) Lot line adjustment survey submittal: 2 copies completed by a registered land surveyor in the State of Arizona.
(3) Payment of an application fee as set by the Council under the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the County Recorder's office.
(4) If necessary to accurately review the application, the Director may require additional information to be shown on the lot line adjustment map, including buildings, structures, streets, driveways, and other information. If rejected, written notice shall be provided to the applicant via first class mail. The written notice shall specify the reasons for denial.
(F) Decision. The Director shall render a decision to approve or reject the application of the proposed lot line adjustment within 30 days after submittal. If approved, then 1 finalized Mylar lot line adjustment map shall be submitted to the Director for final signature and recordation, and a copy of the recorded lot line adjustment map shall be sent to the applicant. If the proposed lot line adjustment is denied, a notice of the decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the Director to the Board of Adjustment. If approved, the applicant shall submit the following:
(1) A final, recordable, reproducible, Mylar map 18 inches x 24 inches consistent with the approved lot line adjustment map;
(2) The format for recording shall meet all requirements of the County Recorder's office;
(3) Once approved by the city, the city shall record the lot line adjustment map with the County Recorder's office within 30 days of approval. The original Mylar of the recorded lot line adjustment map shall become the property of the city;
(4) Within 1 year of lot line adjustment map approval, the owner/applicant shall record deeds for the new lots and shall utilize the approved legal descriptions for the newly created lots, as transcribed on the approved lot line adjustment map; and
(5) Owner/applicant shall provide the Planning Division with copies of the recorded deeds within 1 year. Failure to record the new deeds within 1 year of approval shall render the approved lot line adjustment null and void.
(G) Appeal. An appeal of the Director's decision to the Board of Adjustment shall be filed, in writing, with the Development Services Department within 30 days from the date of the Board's decision. The Board of Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1503, passed - -2021)