A. Minor lot line adjustment. The sale or exchange of part of a lot between owners of adjoining lots for the purpose of small adjustments in boundaries, if:
1. the total area of the adjustment is 5 percent or less of the combined area of the lots affected by the adjustment;
2. additional lots are not created;
3. the adjusted lot line is approximately parallel with the original lot line or, if it is proposed to intersect with the original line, it does not significantly change the shape of the lots involved;
4. the owner submits a scaled drawing for review and approval by the Director. The drawing may be a copy of the existing record plat and must contain the following information:
a. proposed lot line adjustment as a dashed line;
b. any buildings, driveways, or other improvements located within 15 feet of the proposed adjusted lot line;
c. any minimum building setback that would be altered by the minor lot line adjustment; and
d. the amount of lot area affected by the minor lot line adjustment;
5. The drawing is approved, revised, or denied by the Director in writing within 10 days after the drawing is submitted or it is deemed approved.
A record plat application must be submitted to the Director within 90 days after approval or the approval is void.
Any minor lot line adjustment between properties that occurred before May 19, 1997 remains as an exemption to platting under Subsection 3.3.B.3.
B. Conversion of an outlot into a lot. An outlot may be converted into a lot if:
1. the outlot is not required for open space or green area, or is otherwise constrained in a manner that prevents it being converted into a buildable lot;
2. there is adequate sewerage and water service to accommodate development on the lot;
3. all applicable requirements or agreements under the Adequate Public Facilities provisions in Subsection 4.3.J and the Growth and Infrastructure Policy are satisfied before recording the plat;
4. all applicable conditions or agreements applicable to the original subdivision approval creating the outlot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement, or building restriction lines; and
5. if the outlot is located within a special protection area, all applicable special protection area requirements and guidelines, including the approval of a water quality plan, are satisfied before recording the plat.
C. Consolidation. Adjoining properties in the Rural Residential or Residential Detached zones, not developed under cluster provisions, may be combined in the following ways:
1. by consolidating 2 or more lots into a single lot, consolidating lots and an outlot into a single lot, or consolidating a lot and an abandoned road right-of-way, if:
a. any conditions applicable to the original subdivision remain in effect;
b. the number of trips generated on the new lot do not exceed those permitted for the original lots; and
c. any required right-of-way dedication is provided.
2. by consolidating a part of a lot that contains a legally constructed detached house or an existing platted lot with a piece of land created as a result of a deed, if:
a. the portion of land created by deed cannot itself be platted under the area and dimensional standards of the zone;
b. any conditions applicable to the existing lot remain in effect on the new lot;
c. any required road dedication is provided; and
d. the existing platted lot was not identified as an outlot on a plat.
D. Subdivision to reflect ownership. A recorded lot approved for a commercial, industrial, or multi-unit residential use may be resubdivided to create or delete an internal lot to reflect a change in ownership, deed, mortgage, or lease line if:
1. all conditions of approval for the original subdivision that created the lot remain in effect;
2. the total maximum number of trips generated on all new lots created will not exceed the number of trips approved for the lot in the original subdivision;
3. all land in the original subdivision lot is included in the plat; and
4. all necessary code requirements of Chapters 8, 19, and 22 are met and any necessary cross easements, covenants, or other deed restrictions necessary to implement all the conditions of approval on the lot in the original subdivision are executed before recording the plat.
E. Ownership Plat. An ownership plat may be recorded to delineate separate ownership units within a lot approved for any use except for single-unit living as follows:
1. Ownership units to reflect deed, mortgage, or lease lines may be created by an ownership plat if:
a. the lot on which the ownership units are created is included on a plat approved by the Board and has:
i. site plan approval under Section 59-7.3.4;
ii. conditional use approval under Section 59-7.3.1; or
iii. special exception approval under the Zoning Ordinance in effect before October 30, 2014;
b. the location and design of all structures on the ownership units satisfy Chapters 8, 19, and 22;
c. the ownership units do not violate any other provision of law or adversely affect any conditions of approval for the subdivision plan that created the underlying lot or any approval required by Subsection 7.1.E.1.a;
d. any necessary cross easements, covenants, or other deed restrictions necessary to implement all conditions of approval are executed before recording the ownership plat; and
e. the ownership units are suitable for the type of development, the use contemplated, and the available utilities and services.
2. Ownership units must be depicted on the ownership plat with metes and bounds descriptions inside the boundary of the underlying lot as shown on the record plat.
3. Private roads must not be delineated as a separate ownership unit on an ownership plat.
4. No person can record an ownership plat, or sell any property with reference to an ownership plat, until the plat has been approved by the Board and recorded in the land records.
5. The Board may apply conditions to the approval of an ownership plat.
6. An ownership unit created under this section is not:
a. a change to any condition of approval for the subdivision that created the lot in the original subdivision or any approval required by Subsection 7.1.E.1.a; or
b. used to establish building setbacks or to establish conformance with subdivision or zoning requirements.
F. Plat of correction. A plat of correction may be used for any of the following:
1. to correct inaccurate or incomplete information shown on a previously recorded plat, such as drafting or dimensional errors on the drawing; failure to include a required note, dedication, easement or other restriction; incorrect or omitted signatures; or other information normally required to be shown on a recorded plat. All owners and trustees of the land affected by the correction must sign the revised plat. In addition, the plat of correction must identify the original plat and contain a note identifying the nature of the correction;
2. to revise easements to reflect a Planning Board Action, or as necessitated by a State or County agency or public utility;
3. to improve clarity and legibility, the owner of any lands shown on a record plat may record an exact copy of the plat, except for necessary change of scale and the addition of any other necessary elements to make the plat conform to the requirements of this Chapter. The new plat must indicate that it is an exact copy of the original plat except for the changes made under this Subsection.
G. Pre-1958 parcels. An unplatted parcel created by deed before June 1, 1958, if the parcel is developable for only one detached house.
H. Creation of a lot from a part of a lot. A part of a previously recorded lot in a Residential Detached zone that was created as a result of a deed transfer of land from the lot may be converted into a lot if:
1. the part of lot was created by deed recorded before June 1, 1958, or
2. the part of lot contains a legally constructed detached house; and
3. all conditions or agreements applicable to the subdivision approval creating the original lot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement or building restriction lines.
I. Unplatted Parcels With Existing Houses. In the R-90 and R-60 zones, an unplatted parcel containing an existing house may be converted into a lot under the minor subdivision procedure if:
1. any required road dedication along the frontage of the proposed lot is shown on the record plat;
2. there is adequate sewerage and water service to the property; and
3. the principal use of the property is single-unit living and any new construction on the lot is limited to a detached house. (Mont. Co. Code 1965, §17-8; 1894, ch. 622, §60G; 1912, ch. 790, §405; Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 18-42, §1; 2021 L.M.C., ch. 3, §1; Ord. No. 19-22, §6.)