Alpine City Zoning Code

For purposes of this chapter, the following terms have the following meanings:

“Lot” means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder.

1. “Lot line adjustment” means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608 of the Utah Code, as amended:
   1. whether or not the lots are located in the same subdivision; and
   2. with the consent of the owners of record.
2. “Lot line adjustment” does not mean a new boundary line that:
   1. creates an additional lot; or
   2. constitutes a subdivision or a subdivision amendment.
3. “Lot line adjustment” does not include a boundary line adjustment made by the Utah Department of Transportation.

“Parcel” means any real property that is not a lot.

1. “Parcel boundary adjustment” means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
   1. none of the property identified in the agreement is a lot; or
   2. the adjustment is to the boundaries of a single person’s parcels.
2. “Parcel boundary adjustment” does not mean an adjustment of a parcel boundary line that:
   1. creates an additional parcel; or
   2. constitutes a subdivision.
3. “Parcel boundary adjustment” does not include a boundary line adjustment made by the Utah Department of Transportation.

“Plat” means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13 of the Utah Code.

“Record of survey map” means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13 of the Utah Code.

1. “Subdivision” means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
2. “Subdivision” includes:
   1. the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
   2. except as provided in subsection (c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
3. “Subdivision” does not include:
   1. a bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
   2. a boundary line agreement recorded with the county recorder’s office between owners of adjoining parcels adjusting the mutual boundary in accordance with Section 10-9a-524 if no new parcel is created;
   3. a recorded document, executed by the owner of record:
      1. revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels; or
      2. joining a lot to a parcel;
   4. a boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 of the Utah Code if:
      1. no new dwelling lot or housing unit will result from the adjustment; and
      2. the adjustment will not violate any applicable land use ordinance;
   5. a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division
      1. is in anticipation of future land use approvals on the parcel or parcels;
      2. does not confer any land use approvals; and
      3. has not been approved by the land use authority
   6. a parcel boundary adjustment;
   7. a lot line adjustment;
   8. a road, street, or highway dedication plat;
   9. a deed or easement for a road, street, or highway purpose; or
   10. any other division of land authorized by law.
4. “Subdivision amendment” means an amendment to a recorded subdivision in accordance with Section 10-9a-608 of the Utah Code and DCA § 4.06.040, as amended, that:
   1. vacates all or a portion of the subdivision;
   2. alters the outside boundary of the subdivision;
   3. changes the number of lots within the subdivision;
   4. alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
   5. alters a common area or other common amenity within the subdivision.
5. “Subdivision amendment” does not include a lot line adjustment, between a single lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision

1. To make a parcel boundary adjustment, a property owner shall record in the county recorder’s office a quitclaim deed or boundary line agreement executing the parcel boundary adjustment.
2. A parcel boundary adjustment is not subject to review of the city’s land use authority unless one or more of the parcels includes a dwelling.
3. If one or more of the parcels subject to a parcel boundary adjustment includes a dwelling, the property owner shall submit the quitclaim deed or boundary line agreement to the city for review and approval before executing the quitclaim deed or boundary line agreement. The city planner and city engineer shall serve as the land use authority for purposes of reviewing the parcel boundary adjustment.
   1. The city shall approve the parcel boundary adjustment if the land use authority determines that the dwelling and parcel, as adjusted, comply with the city’s general plan and land use regulations.
   2. Subject to Subsections 3.C and 4, the city will complete its review of parcel boundary adjustment involving a dwelling within 14 days after the property owner submits the quitclaim deed or boundary line agreement for review (the “Review Period”).
   3. If, upon review under this Subsection 3, the city determines that the quitclaim deed or boundary line agreement is deficient or if the city requires additional information to approve the parcel boundary adjustment, the city, within the Review Period, will send written notice to the property owner that:
      1. describes the specific deficiency or additional information the city requires to approve the boundary line agreement; and
      2. states that the city will approve the parcel boundary adjustment upon the property owner’s correction of the deficiency or submission of the additional information.
   4. Subject to Subsections 3.C and 4, if, upon review under this Subsection 3, the city approves the parcel boundary adjustment, the city will send written notice of approval to the property owner within the Review Period.
4. Notwithstanding Subsection 3, if a parcel boundary adjustment involves a change of use, zone change, or land use regulation text change, the city council will serve as land use authority for any such change, and the change will require a public hearing, planning commission recommendation, and city council approval.

1. To make a lot line adjustment, a property owner shall obtain city approval of the lot line adjustment under this chapter and record in the county recorder’s office a quitclaim deed or boundary line agreement executing the lot line adjustment.
2. The owners of record of the properties to be included in a lot line adjustment shall submit to the city a copy of the quitclaim deed or boundary line agreement executing the lot line adjustment, along with a lot line adjustment application and any additional information reasonably required by the city to review the application.
3. The city planner and city engineer shall serve as land use authority for purposes of reviewing the lot line adjustment application. The land use authority shall approve the lot line adjustment if the lot line adjustment will not result in a violation of any land use regulation.
4. If a lot line adjustment is approved under this section, the property owner shall record in the county recorder’s office (1) a notice of lot line adjustment approval, signed by the land use authority and reciting the legal descriptions of both the original properties and the properties resulting from the exchange of title; and (2) a document of conveyance executing the lot line adjustment.

(Ord. No. 2011-02, 01/11/11)

A boundary line agreement between owners of adjoining property that designates the boundary line between the adjoining properties has the effect and is subject to the applicable review process, if any, provided in this chapter and Section 10-9a-524 of the Utah Code, as amended. If any of the property subject to a boundary line agreement is a lot, the property owners shall prepare and submit to the city for review and approval an amended plat before executing the boundary line agreement.

(Ord. No. 2011-02, 01/11/11)

Any boundary line agreement, deed, or other property boundary adjustment constituting a subdivision amendment under this chapter or state law is subject to the review and approval process provided in Sections 4.04.100 and 4.06.040 of the Alpine Development Code and Sections 10-9a-608 and 10-9a-609 of the Utah Code, as amended.