Ordinance 816-81 - Laserfiche WebLink

• • 1 3. If the property in question meets each of the following criteria, then it shall be considered "contiguous" for purposes of this title: 2 a. The property is adjacent to the proposed short subdivision; 3 and 4 b. There exists common ownership between the proposed short subdivision and the property adjacent thereto; and 5 c. The property adjacent to the proposed short subdivision, or 6 any portion thereof, was short subdivided within five (5) years of the date of submittal of the proposed short 7 subdivision application. 8 4. In the event that criteria 3(a), 3(b), and 3(c) are met, then the property shall be considered "contiguous", and said contiguous 9 property shall be included for purposes of determining the total number of lots in the proposed short subdivision. If the total 10 number exceeds four, then the applicant must file a formal subdivision application and proceed under the subdivision code. If 11 the total number is four or less, then the applicant may submit a short subdivision application pursuant to this Title as long as all 12 other City and State requirements and regulations are met. 13 5. Definitions - For purposes of Subsection 3, the following defini- tions apply: 14 a. "Adjacent property" means any property which is adjoining 15 or touching the boundaries of the proposed short subdivision. 16 b. "Common ownership" means that the proposed short subdivi- sion and the contiguous property are controlled by the same 17 interest on or after the effective date of this Ordinance. 18 c. "Controlled by the same interest" means that the same persons, corporations, associations, partnerships, etc., have 19 property rights as fee owner, contractor, purchaser, mort- gagee, or control a deed of trust as a beneficiary or grantor, 20 which interest controls the disposition of the property. 21 Section 2: Ordinance No. 517-78, Section 020, which now reads as follows: 22 23 Section 020: Exemptions 24 The provisions of this Chapter shall not apply to: 25 1. Cemetaries and other burial plots while used for that purpose. 26 2. Divisions made by testamentary provisions, the laws of descent, or upon court order. 27 3. Any division of land into five (5) or more lots, parcels, or tracts. 28 4. Boundary line adjustments of parcels not in a plat or short plat 29 where access is not affected and where no new lot is created thereby or where no lot is reduced in size below the minimum 30 square footage required by the applicable zoning control. 31 32 -2-