A. Lot Line Adjustments: To make a lot line adjustment between property owners, or to join a petitioner fee owner’s contiguous lot(s) with a petitioner fee owner’s contiguous parcel:
1. The property owner or owners shall:
a. Submit an application for an obtain approval of the lot line adjustment from the Zoning Administrator;
b. Execute a boundary line adjustment through a quitclaim deed or boundary line agreement; and
c. Record the notice of approval from the Zoning Administrator, which recites the legal descriptions of both the original properties and the properties resulting from the exchange of title, together with a quitclaim deed or boundary line agreement in the office of the county recorder.
2. The joining of a lot or lots to a parcel does not constitute a subdivision as to the parcel or subject the parcel to other sections of Title 17.
3. The Zoning Administrator shall approve the lot line adjustment if the exchange of title will not result in a violation of any land use ordinance.
4. An application for a lot line adjustment between property owners shall be filed jointly.
B. Joining Lots: A fee owner may join two (2) or more of the petitioner fee owner's contiguous lots by following the subdivision plat amendment process in Title 17.
C. Parcel Boundary Adjustments: To make a parcel boundary adjustment, a property owner shall execute a boundary adjustment through a quitclaim deed or boundary line agreement and record the quitclaim deed or boundary line agreement with the county recorder.
1. A Parcel boundary adjustment is not subject to the city's review unless any of the subject parcels contain a dwelling unit.
2. Parcel boundary adjustments that require review by the city shall:
a. Be filed jointly by the owners of both subject properties.
b. Include a boundary line agreement that complies with the provisions of Utah Code Annotated 10-9a-524(2), as amended, and includes a statement citing the file number of the record of survey map in accordance with Utah Code Annotated 17-23-17, as amended.
3. Within 14 days from the receipt of a complete application for a parcel boundary adjustment, the zoning administrator or designee shall review and approve applications that comply with the following requirements:
a. No additional parcels will result from the adjustment.
b. Existing dwelling unit(s) and other structures on the parcel(s) will maintain compliance with the current setbacks for the zoning district in which they are located. Where existing dwelling unit(s) or structures are nonconforming as to current setback requirements, the amount or degree of nonconformity will not increase as a result of the parcel boundary adjustment.
c. The proposed parcel boundary adjustment will not create a violation of any land use ordinance or other city ordinances.
4. If the zoning administrator or their designee finds that an application is deficient or if additional information is required to approve the boundary line agreement, they shall provide written notice to the property owners of the deficiency or additional information required within the 14-day timeframe from the date of the initial submittal. Such notice shall include the following:
a. A description of the specific deficiency or additional information required.
b. A statement that the boundary line agreement will be approved upon the correction of the deficiency or submission of the additional information.
c. A statement that failure to correct the deficiency or provide the additional information may result in denial and/or expiration of the application.
5. Upon receipt of the information requested in subsection (C)(4) above, the zoning administrator or designee shall review the complete application according to the provisions of subsection (C)(3) above.
6. Upon approval of the application, the zoning administrator or designee shall provide a notice of approval to the property owners within 14 days of the receipt of the application.
7. The property owners that are a party to the application shall record with the county recorder within thirty (30) days of the issuance of the notice of approval the notice of approval together with a quitclaim deed or boundary line agreement that results in the property boundary adjustment described by the proposed legal descriptions submitted with the parcel boundary adjustment application.
8. The zoning administrator or designee shall deny an application that does not comply with the requirements of subsection (C)(3) above. The written notice of denial shall be sent to the applicants in the same 14-day timeframe from the date of the submittal of a complete application.
D. Boundary Line Agreements: Boundary line agreements are subject to the requirements of Utah Code Annotated 10-9a-524, as amended.
1. Boundary line agreements that are not subject to review of the city shall not be considered as having land use approval.
2. In accordance with Utah Code Annotated subsections 10-9a-523(5), the city may withhold approval of any land use application submitted for property that is the subject of a recorded boundary line agreement or other document used to adjust a mutual boundary line if the city determines that the lots or parcels, as adjusted by the boundary line agreement or other document used to adjust the mutual boundary line, are not in compliance with the city's land use regulations in effect on the day on which the boundary line agreement or other document used to adjust the mutual boundary line is recorded.
a. Land Use applications where approval has been withheld under this subsection may proceed upon the subsequent recordation of a boundary line agreement, including an amended subdivision plat when applicable, that brings the lots or parcels into compliance with city code.
b. Land use applications will still be subject to otherwise applicable expiration dates if review and approval of necessary boundary line agreement(s) is not diligently pursued by the applicant. (Ord. 1332, 7-10-2018; amd. Ord. 1488, 5-4-2021; Ord. 1498, 8-3-2021; Ord. 1601, 1-16-2024)