2-2-220 Lot Line Adjustment

A. Purpose. This section sets forth procedures for reviewing lot line adjustments to determine compliance with applicable requirements of this Code and State Code. B. Authority. The Zoning Administrator is authorized to review and approve applications for lot line adjustments as set forth in this section. C. Initiation. A property owner or a lessee may request a lot line adjustment review as provided in this section. An agent or lessee of a property owner shall provide an affidavit of authorization. D. Procedure. Lot line adjustment applications shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the County’s schedule of fees. The application shall include at least the following information: a. The name, address and telephone number of the applicant or the applicant’s agent, if any; b. The address and parcel identification number of the subject property; c. The zone of the subject property; d. All legal descriptions for the lot line adjustment; e. Other information needed to demonstrate the lot line adjustment conforms to applicable provisions of this Code and State Code. 2. After an application is determined to be complete, the Zoning Administrator shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Section 2-2-220(E) below. Any conditions of approval shall be limited to conditions needed to conform the lot line adjustment to approval standards. 3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision. 4. A record of all lot line adjustments shall be maintained in the office of the Zoning Administrator. E. Approval Standards. The owner(s) of record of adjoining properties where one or more of the properties is a lot may exchange title to portions of those properties if the exchange of title is approved by the land use authority as a lot line adjustment in accordance with this Code. 1. The land use authority shall approve a lot line adjustment if the exchange of title will not result in a violation of any land use ordinance. 2. If a lot line adjustment is approved, a notice of approval shall be recorded in the office of the county recorder which is approved by the land use authority and recites the legal descriptions of both the properties and the properties resulting from the exchange of title. A document of conveyance of title reflecting the approved change shall be recorded in the office of the county recorder. 3. A notice of approval that is recorded does not act as a conveyance of title to real property and is not required to record a document conveying title to real property. F. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a lot line adjustment may appeal that decision to the Hearing Officer as provided in Section 2-2-190 of this Code. G. Effect of Approval. Approval of a lot line adjustment shall authorize an applicant to engage in adjusting lot lines subject to any conditions of approval. Approval of a lot line adjustment shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Code and to any other applicable requirements of Box Elder County Ordinances. H. Amendment. The procedure for amending a lot line adjustment shall be the same as the original procedure set forth in this section. I. Expiration. Except as otherwise provided in this Code, a lot line adjustment approval shall expire and have no further force or effect if the notice of approval and the document of conveyance are not recorded within thirty (30) days after approval.