A. Purpose: It is the intent of this section to allow the owner of property, which may be divisible into not more than two (2) legal size lots, to divide the property while minimizing delay and expense.
B. Approval Required: Prior to dividing any parcel or tract of land which may be divisible into not more than two (2) legal size lots, the division must first be approved by the Community and Economic Development Director or designee. The approval shall be based on the compliance of the proposed lot split with all ordinances of the City regarding street and other off site improvements, zoning, lot size and configuration, etc.
1. A plat is required if the proposed subdivision requires a dedication of real property for public street, utility easements, or other similar public purposes, as determined by the Community and Economic Development Department after consultation with affected City departments. If a plat is required by this subsection, the plat must be reviewed and approved by the planning staff and dedications accepted by the Mayor before recording.
C. Application: The subdivider shall submit a complete application which shall include one reproducible copy and two (2) prints of the property survey and legal description certified by a licensed land surveyor, together with any necessary improvement plans and bond agreements. The property survey shall show all existing improvements on the property being divided.
D. Review: The Community and Economic Development Department shall review the proposed subdivision and shall request recommendations from the Public Works Department and other appropriate City departments.
E. Final Approval: If the survey and proposed division are in compliance with all City ordinances and conditions imposed, the lot split subdivision shall be approved by the Community and Economic Development Director or designee, and no further approval from the City is required.
F. Subdivision: After final approval, the property may be subdivided as approved and conveyed by metes and bounds legal descriptions.
G. Fee: The City charges a fee for applications for lot split subdivisions, which must be paid at the time the application is submitted. The fee will be established by the Mayor in a written fee schedule in an amount reasonably necessary to defray costs of processing an application. The written fee schedule will be made available for public inspection in the Department.
H. Appeal: A final decision of the Community and Economic Development Director or designee may be appealed to the Appeal Authority by any aggrieved person or by any officer, department, board or agency of the City affected by the decision or action. Appeals must be filed, in writing, with the City’s Community and Economic Development Department within ten (10) days after the decision is made. The appeal will then be heard according to the rules and bylaws of the Appeal Authority. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Appeal Authority. Appeal of the decision of the Appeal Authority is governed by title 10 chapter 9a of the Utah Code.
(Ord. 24-02: Ord. 19-24 § 2: Ord. 18-06: Ord. 14-10: Ord. 11-22: Ord. 94-40 § 1: Prior Code § 30-27)