For the purposes of this chapter, the owner may be eligible to submit a plat of survey if any of the following conditions are met:
(A) Lot line adjustment. A lot line adjustment consists of the resetting of an interior lot line between lots in a platted subdivision to reconfigure, consolidate, or adjust the boundaries of adjoining lots, which do not violate the Zoning Ordinance.
(B) Division of tract into two parcels. A division of a tract into two parcels where all city service systems and public improvements are extended so that each system is readily accessible for direct and individual connection from each lot in the subdivision.
(C) Division of duplex lots. Where a side-by-side residential duplex dwelling is legally constructed on an existing lot located in a subdivision for which the subdivision plat has been duly recorded, and providing that the dwelling met the bulk zoning regulations at the time it was constructed, the lot may thereafter be divided to provide individual ownership of the duplex units by the following procedure:
(1) A plat of survey showing the as-built location of the duplex structure on the lot shall be filed with the Director of Planning and Zoning. The plat of survey shall provide a reference to this code section and indicate the purpose for which the plat is prepared. The plat shall also locate the new ownership division line along the common wall of the structure and provide individual legal descriptions for each new parcel. If approved by the Director of Planning and Zoning and Public Works Director and following review and approval by the County Auditor and Recorder, a deed may thereafter be recorded effecting the lot division. A copy of the recorded deeds and plat of survey shall be filed with the city.
(2) In the event the duplex or part thereof is removed or destroyed, the duplex unit may be reproduced or reconstructed as before but the newly created lots may not otherwise be considered buildable lots unless the proposed construction meets the zoning setback and bulk requirements for the zoning district in which it is located.
(Ord. 2217, passed 11-4-2013)