(A) Purpose and intent. An administrative subdivision provides the city with the opportunity to expedite adjustments to property lines and mergers of existing lots into fewer lots when such adjustments are considered non-impacting to the city or surrounding properties.
(B) Project applicability. An administrative subdivision can be used to modify the division of property within the planning jurisdiction, but only if the proposed modification meets the applicable districts, applicable actions and prerequisites standards listed below. All other divisions of land or alterations to property lines shall be processed as a primary plat.
(1) Applicable districts. An administrative subdivision of land shall be permitted in the following zoning districts: PR; AG; RE; R1; R2; R3; TR; M1; M2; M3; MP; IS; NC; UC; C1; C2; HC; EC; I1; I2; MS; RO; and HI.
(2) Applicable actions.
(a) Merging common ownership lots. The owner of two to five lots may merge them together as fewer buildable lots when the resulting lot(s) do(es) not create any new non-conformance or an escalation in non-conformance; and when there is no increase in public service demand, change to streets or increase in the size or use of utilities.
(b) Splitting a lot and merging its pieces with two or more adjacent lots. Two or more owners adjacent to another lot may jointly purchase the lot, divide it and merge the pieces with their buildable lot. If the lot is not vacant, any primary structure would have to first be demolished and/or primary use dissolved, prior to application for an administrative subdivision.
(c) Adjusting lot lines. The owners of contiguous properties mutually agree to adjust a lot line separating their two properties due to either a survey error or both owners mutually desiring the adjustment; as long as the adjustment does not result in any new non-conformance or an escalation in an existing non-conformance.
(d) Creating non-developable land for utilities and infrastructure. A utility or municipality may process an acquisition or donation of land for non-development purposes as an administrative subdivision.
(C) Prerequisites.
(1) Eligible applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner(s) shall accompany the application.
(2) Removing unnecessary driveway(s). Under the actions listed in divisions (B)(2)(a) and (B)(2)(b) above, pre-existing driveway(s) established for the dissolved lot(s) shall be vacated and removed, especially including the apron within the right-of-way.
(D) Administrative subdivision filing requirements.
(1) Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator;
(2) Supporting information. The following supporting information shall accompany a completed application for an administrative subdivision. The Zoning Administrator may waive in writing the submittal of unnecessary information relative to the application:
(a) Legal description of all lots involved; and
(b) Address for each lot involved.
(3) Site plan. A site plan, drawn to a scale not less than one inch equals 100 feet (one inch = 100 feet), that includes the following items:
(a) Name and address of the owner(s);
(b) North arrow and graphic scale;
(c) Adjacent streets, sidewalks and easements;
(d) Boundary lines of each lot including necessary lot dimensions;
(e) Proposed adjustments with lot dimensions, lot area and building setback lines on the resulting lots;
(f) Footprint and dimensions of existing structures with measurements to property lines pre and post adjustments;
(g) Stamp of registered professional engineer or surveyor; and
(h) Any other information necessary to support a thorough review of the project as requested on the application form or from the Zoning Administrator.
(4) Deadline. Not applicable;
(5) Submittal material. Two hard copies of the application for an administrative subdivision; two hard copies of all supporting information; and one digital copy of the application for an administrative subdivision and all supporting information in .pdf (portable document format); and
(6) Fees. The applicable fee shall be paid at the time the application for an administrative subdivision is filed. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an administrative subdivision that the city does not have adequate proficiency may constitute hiring a professional consultant to conduct the review or portions thereof at the expense of the applicant and as per the city’s fee schedule.
(E) Procedure and approval.
(1) Review of material. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be reviewed by the Zoning Administrator for compliance with applicable regulations.
(2) Decision. The Zoning Administrator shall make a determination as to whether the application complies with the applicable districts, applicable actions and prerequisites standards written in divisions (B) and(C) above. If the application is in compliance it shall be approved and signed by the Plan Commission President and attested by the Zoning Administrator.
(3) Report to Plan Commission. After approved, the Zoning Administrator shall report said approval at the first regularly scheduled Plan Commission meeting.
(4) Proof of recording. To officially complete the process the applicant shall record the plat with the County Recorder’s office and provide two copies to the Zoning Administrator.
(5) Failure to record. If an approved administrative subdivision is not recorded within 30 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report any failures to record to the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred; and shall notify the applicant, and shall clearly note failure to record in the town’s records.
(F) Improvement location permits. A building permit on any lot involved shall not be issued until proof of recording has been submitted.
(Ord. 10-2010, passed - -2010, § 9.16)