20.90.170 Subdivision of land – Administrative

20.90.170 Subdivision of land – Administrative.

A. Purpose and Intent. An administrative subdivision shall provide the opportunity to adjust property lines, merge lots or pieces of lots, and divide parent tracts into very large lots without application of the subdivision control regulations. The actions described in this process are considered exempt from those subdivision regulations. This process shall verify compliance and proper record keeping.

B. Project Applicability. An administrative subdivision can be used to modify the division of property within the jurisdictional area of the Plan Commission, but only if the proposed modification meets the “applicable districts,” “applicable actions,” and “prerequisites” standards in the following subsections. All other divisions of land or alterations to property lines must be processed as a minor subdivision or major subdivision.

1. Applicable Districts. An administrative subdivision of land shall only apply to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 IS LB GC HC CP I1 I2

a. Merging Common Ownership Lots. The owner of any number of lots may merge them together as fewer buildable lots when the resulting lot(s) do(es) not create any new or an escalation in nonconformance; and when there is no change to public services, roads, or utilities.

b. Splitting a Lot and Merging its Pieces with Two or More Adjacent Lots. Two (2) or more owners adjacent to a vacant lot may jointly purchase the lot, divide it, and merge all of the pieces with their buildable lot. If the lot is not vacant, the primary structure would have to be demolished and/or primary use dissolved, prior to application for an administrative subdivision.

c. Adjusting Lot Lines. Two (2) owners may adjust a lot line separating their two (2) properties if survey errors were discovered or if both owners desire a modification as long as it does not result in any new nonconformance, or an escalation in an existing nonconformance; or does not reduce either lot area by more than twenty percent (20%).

d. Subdividing Into Large Lots. A lot may be split resulting in any number of twenty (20) acre or greater lots.

e. Subdivisions Off a Pre-existing Farmstead. A parent tract, forty (40) acres or more in area, with a pre-existing farmstead shall be permitted to subdivide off the farmstead provided the resulting site meets the development standards of JCC 20.20.080 A2 district – Development standards.

C. Disqualification. Any disqualified petition shall utilize the subdivision of land process in JCC 20.90.150 Subdivision of land – Primary plat, for all actions which create lots, modify lots, or merge lots. An administrative subdivision petition shall not:

1. Add a New Driveway Cut. Adding a new driveway cut for actions described in the following sections shall not be permitted:

a. Subsection (B)(2)(a) of this section, Merging Common Ownership Lots;

b. Subsection (B)(2)(b) of this section, Splitting a Lot and Merging its Pieces with Two or More Adjacent Lots; or

c. Subsection (B)(2)(c) of this section, Adjusting Lot Lines.

2. Establish a New or Modify an Existing Easement. Establishing a new or modifying an existing easement as a part of any action shall not be permitted.

3. Utilize the Administrative Subdivision More Than Once. Utilizing the administrative subdivision process more than once for the same parent tract described in the following sections shall not be permitted:

a. Subsection (B)(2)(a) of this section, Merging Common Ownership Lots;

b. Subsection (B)(2)(b) of this section, Splitting a Lot and Merging its Pieces with Two or More Adjacent Lots; or

c. Subsection (B)(2)(c) of this section, Adjusting Lot Lines.

4. Involve Lots in Differing Zoning Districts. All lots involved shall be in the same zoning district.

1. Eligible Applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner(s) shall accompany the application.

2. Removing Unnecessary Driveway Cuts. Under the actions listed in the following sections, pre-existing driveway cut(s) established for the dissolved lots shall be vacated and removed, including the apron within the right-of-way:

a. Subsection (B)(2)(a) of this section, Merging Common Ownership Lots; and

b. Subsection (B)(2)(b) of this section, Splitting a Lot and Merging Its Pieces with Two or More Adjacent Lots.

E. Delay of Further Splits. Any large lots created as a result of an administrative subdivision shall be subject to a one (1) year suspension of further administrative subdivision. A legal document shall be prepared and recorded denoting the start and expiration date of this requirement.

1. Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for an administrative subdivision. The Zoning Administrator may waive in writing the submittal of unnecessary information relative to the application.

a. Legal description and survey of all lots involved prepared by a licensed surveyor; and

b. Address for each lot involved.

3. Site Plan. A site plan, drawn to a scale of one (1) inch equals fifty (50) feet (1"=50') or one (1) inch equals 100 feet (1"=100'), that includes the following items:

a. Name and address of the petitioner(s);

b. North arrow and graphic scale;

c. Adjacent streets, sidewalks, and easements;

d. Boundary lines of each lot including all lot dimensions;

e. Proposed lot line adjustments or subdivision lines with resulting lot dimensions, lot area, and applicable building setback lines on the resulting lots;

f. Footprint and dimensions of existing structures;

g. Measurements from existing structures to both the existing property lines and proposed property lines;

h. Stamp/wet signature of a registered surveyor; and

i. Any other information necessary to support a thorough review of the proposed adjustments or lot splits as requested on the application form or from the Zoning Administrator.

4. Deadline. Not applicable.

5. Submittal Material. Three (3) hard copies of the application and all supporting information; one (1) digital copy of the application and all supporting information in a PDF (portable document format) file; and one (1) digital copy of scaled drawing of lot lines showing the resulting lots (e.g., modification of lot lines, new lots, combined lots) submitted in a PDF file.

6. Fee. The applicable fee from the Jasper County fee schedule shall be paid at the time the application for an administrative subdivision is filed. An application without the appropriate application fees shall not be considered substantially complete.

1. Review of Material. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be reviewed by the Zoning Administrator and the County Surveyor for compliance with the Unified Development Code.

2. Decision. The Zoning Administrator shall make a determination as to whether the petition complies with subsection (B)(1) of this section, Applicable Districts, subsection (B)(2) of this section, Applicable Actions, and subsection (D) of this section, Prerequisites, standards; and assuring that subsection (C) of this section, Disqualification, does not apply. If the petition is in compliance, all three (3) copies shall be approved and signed by both reviewers. A signed copy shall be retained for County records and two (2) copies conveyed to the petitioner; one (1) for personal records and one (1) 11" x 17" reduced copy for recording with the Jasper County Recorder’s office.

3. Report to Plan Commission. At the first regularly scheduled Plan Commission meeting after an administrative subdivision approval, the approval shall be reported to the full Plan Commission.

4. Proof of Recording. To officially complete the process the petitioner shall record the plat with the Jasper County Recorder’s office and provide proof to the Zoning Administrator.

5. Failure to Record. If an approved and signed administrative subdivision is not recorded within 120 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report the failure to record to the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred; and shall notify the petitioner, and shall clearly note failure to record in the County’s records.

H. Improvement Location Permits. No building permit shall be issued until proof of recording of the plot and deed has been received by the Zoning Administrator. [Ord. 10-1-18A § 1; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.17.]