The regulations of this chapter allow for the adjustment of parcel lines or platted lot lines between existing legal or nonconforming properties. It is the intent of this chapter to allow for primarily minor changes to property boundaries and not to substantially modify recorded plats or parcels. A property boundary adjustment does not vacate the platted lot lines of a recorded subdivision. (Ord. 2009-05, 9-28-2009)

These regulations apply to existing and future parcels and lots located within the unincorporated area of Gem County. (Ord. 2009-05, 9-28-2009)

   A.   Application: An application and fees, as set forth in this title, shall be submitted to the administrator on forms provided by the development services department. Said application shall require notarized consent from all property owners affected by the proposed adjustment(s).

   B.   Department/Agency Review: The administrator shall transmit the application to the Gem County assessor, Gem County surveyor and any other applicable departments or agencies for review and comment. Said parties shall have at least ten (10) days to reply to the administrator.

   C.   Tentative Approval; Requirements: Upon tentative approval of the application by the administrator subject to any applicable conditions of approval and the regulations of this title, the applicant or owner shall have a maximum of six (6) months to complete the following tasks:

      1.   Cause the property to be surveyed by a licensed land surveyor. Said survey shall clearly label existing and new property boundary lines and follow other standard survey practices;

      2.   Have the necessary deeds prepared to accomplish the property boundary adjustments as tentatively approved;

      3.   Submit the record of survey on mylar with three (3) full size paper copies along with a reduced eight and one-half by eleven inch (81/2 x 11") copy and the executable deeds to the administrator for final approval;

   D.   Final Approval: Upon determination by the administrator that the final property boundary adjustment is in conformance with this chapter, the administrator shall sign the survey. The applicant shall then file the survey and deeds with the Gem County recorder's office and obtain new tax parcel numbers from the Gem County assessor's office. (Ord. 2009-05, 9-28-2009)

   A.   A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by the Gem County zoning ordinance including regulations for individual wastewater treatment systems and wells.

   B.   A property boundary adjustment shall not increase the original number of properties.

   C.   A property boundary adjustment shall not change or move any public roads, private lanes, easements, or publicly dedicated areas in any manner. If any such area is to be vacated to necessitate the adjustment, a vacation application must be approved prior to applying for a property boundary adjustment.

   D.   The property boundary adjustment shall not constitute a relocation of a property.

   E.   For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. This shall be interpreted to mean no more than ten percent (10%) of the total number of lots within the recorded plat may be affected by the adjustment.

   F.   No permanent structures or other encroachments are allowed over platted lot lines which have existing easements, regardless of any property boundary line adjustment being approved.

   G.   All current taxes must be paid in full on any property affected by the adjustment prior to the administrator's tentative approval being issued.

   H.   If one or more of the parcels affected by an adjustment is greater than forty (40) acres after the adjustment, then a record of survey is not required on the full boundary of the resulting parcel. However, a survey is required on any portion of the parcel(s) that is adjusted and new legal descriptions are required that describe the full boundary of all affected parcels, including remainder parcels. (Ord. 2009-05, 9-28-2009)

In order to approve the application, the decision making body shall find that the proposed property boundary adjustment complies with the standards in section 11-16-4 of this chapter. (Ord. 2009-05, 9-28-2009)

If one or more of the properties affected by an adjustment is nonconforming as to the minimum dimensional standards prescribed by the zoning ordinance (including, but not limited to, the size and road frontage), the property boundary adjustment shall not increase the nonconformity except as allowed under section 11-9-6 of this title. However, where two (2) nonconforming properties are contiguous and a property boundary adjustment is necessary, as determined by the administrator, to accommodate infrastructure or physical limitations, such adjustment may be made if it does not impact any other properties or expand any nonconforming uses. (Ord. 2009-05, 9-28-2009)