Notwithstanding any other requirement to the contrary, the land development or adjustment activities contained in this Article shall be exempt from the full subdivision processes and procedures set forth in this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

An adjustment of a lot line between two (2) contiguous lots if all of the following conditions have been met.

(A)

The requested adjustment is necessary to correct a survey or engineering error in a recorded plat, or to allow an insubstantial boundary change between adjacent lots or parcels to relieve hardship or practical necessity, or to allow a transfer of land from a larger conforming lot to a smaller non-conforming lot so as to make both lots conforming, or to allow a boundary change between lots or parcels that is not intended or will result in an avoidance of the purposes of this Chapter.

(B)

All owners whose lot line(s) or boundary line(s) are subject to the adjustment shall join in the lot line adjustment application.

(C)

No new development shall be allowed on the lots absent review and approval under the provisions of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

The elimination of lot lines to merge not more than two (2) conforming lots, or to merge two (2) or more non-conforming lots, but not more than are necessary to create a single conforming lot within the applicable zoning district, if all of the following conditions have been met:

(A)

The lots to be consolidated are under one (1) and the same ownership.

(B)

The consolidated lot resulting from the elimination of the lot line(s) will not exceed any lot size maximum or other regulation established for the zone district in which the lot is situated.

(C)

The proposed elimination of the lot line(s) is not intended or will result in an avoidance of the purposes this Chapter.

(D)

Except for the construction or enlargement of a single-family or duplex residence and/or an accessory building when allowed by right under the applicable zoning district regulations, no development shall be permitted on a consolidated lot in a residential zone district absent prior review and approval of the proposed development under the provisions of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

The division of a single lot on which an existing duplex dwelling is located, or is to be constructed, into two (2) separate lots if all of the following conditions have been met.

(A)

The duplex is allowed by right in the underlying zone district and is to be divided along a Code-compliant fire-resistant common wall into two (2) separate single-family dwelling units on separate lots of conforming size in the zone district, or on lots not less than four thousand five hundred (4,500) square feet in size if the minimum lot size for the zone district cannot be obtained.

(B)

Each of the dwelling units is served by its own separate utility service lines and meters, inclusive of water, sewer, electricity and natural gas.

(C)

A common-wall maintenance agreement shall be established and recorded to run with the land comprising the proposed duplex lots.

(D)

Except for the original primary structure(s) comprising the dwelling units and any common and/or side-by-side or connected garages or driveway(s), all new structures, or the expansion of any existing structures, on the two (2) new duplex lots shall be subject to the setback requirements for the underlying zone district in which the lots are located.

(E)

The proposed duplex lots shall be the same size, or approximately the same, and each lot shall have its own direct access to a street.

(Ord. 2015-3, §1, 1-4-2016)

Land development activities eligible for exemption from normal subdivision standards and processes shall be subject to the following procedures:

(A)

All applicants for a subdivision exemption shall meet with the Town Planner and/or Building Official to discuss exemption procedures prior to the submission of an application.

(B)

All applicants shall submit a complete application, accompanied by any required fee, and a professionally prepared draft subdivision exemption plat substantially conforming in all respects to the applicable requirements of Article XVI of this Chapter and illustrating all proposed adjusted lot lines and lots. The applicant shall provide no less than an original and two (2) copies of the proposed subdivision exemption plat unless otherwise specified by the Town Clerk.

(C)

All applications for a subdivision exemption shall be initially reviewed by the Town Planner and Building Official who shall forward a recommendation to the Town Administrator. The Town Administrator shall approve or deny the application within thirty (30) days without need for notice or hearing. Appeals from a decision of the Town Administrator shall be to the Board of Trustees in accordance with the procedures set forth in Subsection (E) below.

(D)

Upon approval of an application, the Town Administrator shall sign a reproducible Mylar original of the final subdivision exemption plat substantially conforming in all applicable respects to the requirements of Article XVI Subdivision Plat Details of this Chapter, and two (2) duplicate paper prints of the Mylar. One paper print shall be returned to the applicant. The Town Clerk shall file the approved plat with the County Clerk and Recorder as soon as reasonably possible, with the cost thereof to be borne by the applicant.

(E)

An applicant may appeal a decision of the Town Administrator denying a subdivision exemption approval to the Board of Trustees by filing a written notice of appeal with the Town Clerk not more than ten (10) days from the date of the Town Administrator's written decision. Such written notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the Town Administrator's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Trustees to be conducted not more than thirty (30) days from the date the notice of appeal was received. All appeals shall be heard by the Board of Trustees de novo and shall be conducted at a public meeting within thirty (30) days from the filing of the appeal, or as soon thereafter as can be accommodated. The Town Clerk shall both (1) notify the appellant by certified mail, return receipt requested, of the date the appeal shall be heard and (2) publish notice thereof. Notice of the public hearing shall conform to the requirements of Article IV of this Chapter. The decision of the Board of Trustees on appeal may be issued orally, but shall thereafter be reduced to writing within a reasonable period of time after the conclusion of the hearing and mailed to the appellant. Absent good and just cause, the failure of an appellant to attend the hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.

(F)

Aggregation and consolidation of lots for subdivision purposes. Any application seeking to simultaneously merge or aggregate two or more lots or parcels and then subdivide same for the purpose of creating two (2) or more new conforming lots shall be reviewed and approved under the procedures and standards utilized for establishing a minor or major subdivision, as the case may be, depending upon the total number of new lots sought to be created.

(Ord. 2015-3, §1, 1-4-2016)