(A) No lot or parcel of land shall be transferred or conveyed and no building permit shall be issued for the construction of a new structure or the alteration or addition to an existing structure, unless the owner thereof shall first cause a physical survey of the lot or parcel of land to be made by registered land surveyor, which survey shall establish the boundary lines of the lot or parcel of land by the placing of permanent monuments at the corners of the lot or parcel of land, in accordance with recognized land surveying principles.
(B) (1) Any transfer or conveyance transaction shall be exempt from the survey requirement of this section where the consideration therefore is $500 or less.
(2) Upon application by the property owner, the Planning and Zoning Commission may, after investigation of the facts, exempt the following transactions from the survey requirements this section.
(a) Any transfer or conveyance of any lot or parcel or any construction on any lot or parcel where the owner is able to locate existing corner monuments as follows:
1. All but 1 of the corner markers can be located, and the parcel has more than 3 corners; and/or
2. Where the parcel on 2 sides thereof abuts on streets, both of which have been improved with curb and gutter, and all corner markers not located on a street right-of-way line can be located.
(b) Any transfer or conveyance of any parcel which has not been platted into lots; any parcel which is bounded by streets or alleys on all sides thereof; and of any parcel which is located in a commercial district where the lots and adjoining lots are improved with buildings that are built completely to the apparent property line.
(c) Any construction on a lot or parcel where the property line can be established to a reasonable degree of certainty, and the proposed construction exceeds the applicable setback requirements by at least 5 feet.
(d) Any construction on a lot or parcel where the property line can be established to a reasonable degree of certainty, the proposed construction exceeds the applicable setback requirements by at least 2 feet, and the adjoining landowner has signed a written approval and waiver in a form established by the Planning and Zoning Commission. In the case of a boundary line, which abuts on a street or alley, the adjoining property owner shall be considered to be the Superintendent of Streets.
(e) Any construction on a lot or parcel where the Planning and Zoning Commission determines that the survey requirement imposes an undue hardship. In making the determination, the Planning and Zoning Commission shall consider the following factors:
1. The nature of the proposed construction in terms of size, cost, and permanency; and/or
2. The degree of uncertainty which exists with respect to the location of the relevant boundary lines.
(Ord. 239, § 205, passed 1-22-2000)