Sec. 23-16.1.   Change of lot boundary without subdivision plat thereof; enumerated; survey and plat approval required; deed of conveyance required; fees.

 

(a)   A proposed change in lot boundary may be approved without a subdivision plat thereof under the following circumstances:

 

(1)       If the change is solely for the purpose of establishing or changing the boundary of a public way; or

 

(2)       If the change consists of the division of three (3) adjoining approved lots or platted lots being platted into two (2) adjoining lots; or

 

(3)       If the change is for the purpose of making lawful the conveyance of a part of a lot, block, or tract of land which would otherwise be noncomplying with this Code, so long as the boundary change does not create or result in the creation of a noncomplying lot or lots; or

 

(4)       If the boundary change consists of a change between two (2) adjoining lots on one (1) or both of which is or are situated, a building or buildings which do not comply with the minimum setback requirements of this Code, where the purpose of the change is to effect, or more nearly effect compliance with such setback requirements; provided, a change of boundary as set forth above shall not be approved, unless the mayor and city council shall find that the owner or owners of the lot or lots at the time when construction of the building or buildings was commenced did not have knowledge of the noncompliance, or of facts that should have put the owner or owners on notice to inquire in regard thereto; or

 

(5)       If the change is for the purpose of making lawful the conveyance of a part of a lot, block, or tract of land which would otherwise be noncomplying, where the acquisition or conveyance of such part of a lot, block, or tract of land which would otherwise be noncomplying, was made necessary by problems arising in the construction of a building on adjoining property and where the mayor and city council find that the problems arising in the construction of the building could not have been reasonably anticipated before commencement of construction.

 

(b)  Any boundary change as set forth in subsections (a) above shall not become effective until a survey and plat thereof made by a registered surveyor, showing both the previous and proposed new boundaries and showing any alternations, adjustments or removal in setback lines resulting from the lot boundary change, is delivered to the city’s zoning official and approved by said zoning official for those changes set forth in subsections (a)(1), (a)(2) or (a)(3) above or by the mayor and city council for those changes set forth in subsections (a)(4) and (a)(5) above, whichever is applicable.  At the time said survey and plat is delivered to the zoning official, a warranty or quit claim deed and real estate transfer statement shall also be delivered to said zoning official whereby the conveyance of the part of the lot, block, or tract of land shall be completed upon its filing with the register of deeds.  The zoning official shall, at the time of the delivery of the survey, plat and warranty or quit claim deed, collect a filing fee for such boundary change as set forth in Section 2-5 of this Code plus the cost of the filing of the deed, including any documentary stamp tax as required by law.  Within ten (10) days after approval of the same by the zoning official or mayor and city council, the survey and plat and the warranty or quit claim deed shall be filed with the register of deeds by the zoning official.

 

The survey, as set forth above, shall be on eight and one-half (8˝) by fourteen (14) inch sheet(s) of paper; be drawn to a scale of not less than one (1) inch equals one hundred (100) feet; show the direction north by an arrow; reflect all adjoining streets, alleys, and public ways; show any existing buildings or structures on the lot, block, or tract of land being changed; show the number of square feet of all lots, blocks, or tracts of land, including the area of the parcel being conveyed by the warranty or quit claim deed; show the setback lines that result from any alteration or adjustment occasioned by the lot boundary change or note on the lot boundary change the removal of any setback lines as part of the lot boundary change; and refer to the specific subsection of this section that the boundary change is being submitted under. 

 

Source:  Ord. No. 3111, §§ 1-8, 12-6-82; Ord. No. 3209, § 2, 5-7-84; Ord. No. 3909, § 1, 11-16-92; Ord. No. 4652, § 1, 5-5-03; Ord. No. 4868, § 1, 1-17-06; Ord. No. 5135, § 14, 9-7-10

Editor’s note--Ord. No. 3111, approved Dec. 6, 1982, did not specifically amend this Code; therefore, inclusion of §§ 1--8 thereof as § 23-16.1, was at the editor’s discretion.

Cross references--Buildings and building regulations generally, Ch. 6; planning and development generally, Ch. 19; streets and sidewalks, Ch. 22; lot subdivision, § 23-26 et seq.; zoning, Ch. 27.