The purpose of this Section is to prescribe uniform procedures allowing for approval of minor changes to the boundaries of parcels between owners of two adjacent parcels of land without subdividing the parcel or parcels as minor or major subdivisions as set out in Sections 166.07 and 166.08.
A. Scope. The Minor Boundary Change procedure may be used when all of the following conditions are met:
1. The minor boundary change does not create any additional lots or parcels.
2. The minor boundary change does not cause the need for the extension of streets, utilities, or any other additional public improvements.
3. Each lot resulting from the Minor Boundary Adjustment is in the same zoning district.
4. Each lot resulting from the Minor Boundary Adjustment will conform fully to all requirements of the zoning district in which the parcels of land are located; and each lot or parcel is developable according to the site development regulations of the zoning and subdivision ordinances.
5. The owners demonstrate that all site and structure requirements for the zoning district in which the parcels of land are located can be maintained after the sale or exchange of property.
6. No new violations of this ordinance would be created by the action.
7. Such subdivision of land is not in conflict with any other State of Iowa or lawful municipal regulations regarding subdivision of land.
Prior to submission of the application, the owners may request a planning conference or provide a copy of the Minor Site Plan to the City Engineer for review.
B. Application Procedure. Applications shall include a completed application form; the Plat of Survey; a Minor Site Plan and the necessary supporting documents as established by Table 166-1A; and an application filing fee as established by the City Council. The owners shall prepare and file with the Clerk twenty (20) copies of the plat and related documents.
1. All Plat of Surveys shall be prepared by a land surveyor licensed by the State of Iowa and shall encompass the outside boundary of all parcels adjusted.
2. Prior to consideration of the application, the parcels must be staked to show existing and proposed property lines so that city officials may verify dimensions on said site plan.
C. Change in Number of Lots. An application for any boundary change with a change in the number of lots shall be considered a minor subdivision and shall follow the process accordingly set out in 166.07(A).
D. Review and Approval Procedure. An application for a minor boundary change with no change in the number of lots shall require City Council action only. The Council shall consider and act upon the boundary change application not later than 30 days following the submittal. Upon completion of its consideration, the Council shall approve or disapprove the application. In the event of disapproval, the Council shall refer the plat back to the owners along with specific reasons for such disapproval.
E. Recording approved plat. Upon approval of the minor boundary change by the City Council, the owners shall record the Plat of Survey within six (6) months of approval of said plat.
F. Plat of Survey Process. An application which requires a plat of survey, but no boundary change and no change in the number of parcels, shall require City Council action only. Applications for a plat of survey with no boundary change and no change in the number of parcels shall include a completed application form, the plat of survey; an application filing fee as established by the City Council. The owners shall prepare and file with the Clerk ten (10) copies of the plat and related documents. The Council shall consider and act upon the plat of survey application not later than 30 days following the submittal. Upon completion of its consideration, the Council shall approve or disapprove the application. In the event of disapproval, the Council shall refer the plat of survey back to the owners along with specific reasons for such disapproval.
Name and address of all land owners involved
Names of all adjoining property owners
All proposed lot lines, lot dimensions, and lot areas in square feet
Zoning of all parcels involved
North arrow, date, and graphic scale
Existing and proposed monumentation
Legal description prepared by a Land Surveyor registered in the State of Iowa
Existing Buildings
Mature Trees
Location, dimensions, and names of existing streets driveways and sidewalks
Existing Utilities
Existing and proposed easements