Division IV. Splits, Adjustments and Amendments
Chapter 16.45
LOT SPLITS
Sections:
16.45.010 What this chapter does.
16.45.050 Criteria for approval.
16.45.010 What this chapter does.
This chapter establishes the application requirements and approval process for lot splits. [Ord. O-23-2005 § 3 (Exh. 1(2) § 9.1)].
16.45.020 Purpose.
This chapter allows property owners of existing lots of record (not in a recorded subdivision) prior to the incorporation of Eagle Mountain City a process to divide their property once without being subject to the requirements of a subdivision. [Ord. O-23-2005 § 3 (Exh. 1(2) § 9.2)].
16.45.030 Application.
Property owners or their duly authorized agent shall make application for a lot split on forms prepared by the planning director. No lot split application may be processed without the submission of the application, all the supporting materials required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The following materials must be submitted with any application for a lot split. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Plat. A plat prepared by a registered land surveyor that contains the boundaries, dimensions, existing and proposed public rights-of-way accessing the property, legal descriptions of the original parcel and the two new parcels.
2. Utility Map. A map indicating the existing and proposed locations of all utilities near or on the subject parcel.
3. Title Report. A title report shall be submitted.
4. Deed. A deed defining the transfer of property.
5. Public Notice. Applicants must submit addressed and stamped envelopes (the city’s address will be the return address on the envelopes) for property owners within 300 feet of the proposed lot split, including a minimum of 15 property owners.
6. Fee. The applicant shall reimburse the city for the costs incurred during the processing of the application plus a 15 percent administration charge prior to the recordation of the deed or the processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-23-2005 § 3 (Exh. 1(2) § 9.3)].
16.45.040 Approval process.
Upon submission of the aforementioned materials, the planning director will review the application for completeness, accuracy, and for compliance with the criteria for approval. A lot split application is a subdivision and requires a public hearing.
A. Public Hearing. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 300 feet of the boundaries of the proposed application area (including a minimum of at least 15 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.
B. Planning Commission Approval. If the proposed development complies with all applicable criteria identified in this chapter, and the submission is complete in all respects, the planning commission shall take action. The planning commission may approve, approve with conditions, disapprove based upon findings of facts or table the application and request further information to resolve any issues or questions prior to approval. [Ord. O-23-2005 § 3 (Exh. 1(2) § 9.4)].
16.45.050 Criteria for approval.
The planning commission may approve lot splits if the proposed application meets all of the following criteria. Failure to meet all of the criteria will require the request to be processed according to the preliminary plat and final plat process.
A. Lot of Record. The subject parcel for division shall be an existing lot of record as of the date of the incorporation of Eagle Mountain City (December 3, 1996).
B. Second Lot Split. Creation of a third lot or parcel from either the original parcel or the resulting parcel will constitute a subdivision, regardless of ownership, and shall be subject to the subdivision process.
C. Access. Both lots shall have access to a public street.
D. Lot Size. The division of the property shall not create lots that are less than five acres in size (variances may be allowed at the discretion of the planning commission). [Ord. O-23-2005 § 3 (Exh. 1(2) § 9.5)].