It is the general intent of this section to set forth the requirements that must be followed in order for an owner to secure a modification to his or her lot boundaries, provided the procedures outlined below are followed:
   (A)   Any owner seeking to secure a modification of his or her lot boundaries shall apply to the Board of Adjustment. A fee, set by the Board of Commissioners from time to time, but in no event less than $175 shall be paid to the town with each application for lot boundary modification. Said fee is intended to cover the cost of advertising and other administrative expenses that may be involved in the processing of the application;
   (B)   An evidentiary hearing shall be held within the Town Council chambers to consider said application. All property owners within 100 feet of the affected properties, shall be given ten days notice by regular mail. The procedures outlined by the Board of Adjustment’s rules shall be followed, except where said procedures may be modified herein;
   (C)   A concurring vote of 4/5 of the Board of Adjustment is required in order to allow any modification to a lot boundary;
   (D)   A survey drawn by a registered land surveyor, or engineer, shall accompany all requests for lot modification. Said survey shall be drawn in a manner that can be recorded in the Office of the Register of Deeds of Brunswick County;
   (E)   The boundaries of two adjacent lots owned by the same person and platted prior to September 28, 1998 and containing less than 7,500 square feet per lot may be redrawn if all conditions of this section are met, together with the following restrictions:
      (1)   The modification will not materially endanger the public health and safety and insure that the owner will have adequate access to the property, and density in the area will not be increased by said modification;
      (2)   The modification will not substantially injure the value of adjoining or abutting properties;
      (3)   The location and character of the modification will be in harmony with the area in which it is located and in general conformity with the town plan of development;
      (4)   Any existing violation of the current town code or any existing variance must be brought into compliance with town ordinances prior to or by lot boundary modification;
      (5)   No existing lot may be subdivided pursuant to this section;
      (6)   Any lot which upon modification is 7,500 square feet or larger must meet all current subdivision and zoning regulations;
      (7)   After modification, no lot shall be permitted to contain fewer than 5,000 square feet, nor shall the street frontage be less than 50 linear feet;
      (8)   No new lot shall be created and the number of lots involved in the modification shall not increase;
      (9)   The property line between the back of lots shall not be changed;
      (10)   Side lot lines shall be at substantially right angles to street lines or radial (if same are consistent with surrounding plats) and shall always be straight lines.
   (F)   Once the Board of Adjustment has approved the boundary modification, the plat map shall be recorded in the Office of the Register of Deeds of Brunswick County and a copy of the recorded plat shall be furnished to the town. No building permit may be issued for any property until a modification has been approved and the plat recorded.
   (G)   After approval of lot modification by the town, the lots as modified shall only be conveyed and described as modified and depicted on the plat referenced in division (F) above.
(Ord. 05-04, passed 6-13-05; Am. Ord. 21-10, passed 6-15-21)