5-4-9: ADMINISTRATIVE LOT SPLITS AND BOUNDARY LINE ADJUSTMENTS BY RECORD OF SURVEY:

Any person desiring to divide one lot into two (2) buildable lots that conform with this Code (lot split), or adjust a property line to establish buildable parcels with boundaries which differ from existing buildable parcels (lot line adjustment), or combine lots to reduce density (i.e., the number of buildable lots is reduced from two (2) to one (1)) may submit an application for an administrative lot split, boundary line adjustment or density reduction.

   A.   Any lot is eligible for a one-time administrative lot split provided the parcel of land was created prior to August 10, 1976, and all other requirements of this Code are met. The Applicant has the burden of proving that the parcel existed prior to said date. Any lot is eligible for a density reduction or an administrative boundary line adjustment, which may occur more than one time, provided all other requirements of this Code are met.

   B.   The application for a boundary line adjustment, density reduction or a one-time administrative lot split shall be submitted to the City, along with:

      1.   The appropriate fee,

      2.   A copy of the record of survey drawn to the standards set forth herein.

      3.   Legal descriptions for the original parcel and all revised or newly created parcels.

      4.   The record of survey shall conform to Idaho Code, Title 55, Chapter 19 and contain the following information:

         a.   Correct road names and right of way widths.

         b.   All recorded easements.

         c.   All existing lot lines of record.

         d.   Adjusted or new lot lines matching the new descriptions.

         e.   The area in square feet of each lot shown on the record of survey.

         f.   A depiction of all existing structures, labeled with existing use, with either: (i) the distances from the structure to any lot line shown on the record of survey; or (ii) a note that the structures are to be removed at the time of remodeling or new construction.

         g.   Any other information required by the application.

   C.   After receiving the application, the City shall determine if the application is complete, the property descriptions are correct, and the record of survey is drawn to the required specifications and if each of the parcels shown on the record of survey and property descriptions meet the requirements of this section. The City shall then either:

      1.   Approve the application; or

      2.   Advise the applicant in writing of all respects wherein the application and the record of survey do not comply with this section.

      The City may withhold approving the application until finding is made that all parcels shown on the record of survey and deeds are buildable parcels.

   D.    Every application for administrative approval must meet the following conditions:

      1.   Resultant parcels shall meet the minimum requirements for area, frontage and width for the existing zone.

      2.   All existing buildings to remain shall meet all applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zone as measured from any parcel boundary being created by this process.

         a.   Any setback that was legally nonconforming prior to the division remains as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the application.

         b.   Any building not meeting the required setback that is to be partially or completely demolished shall be demolished prior to the approval of the application.

      3.   The relocation of the lot lines, or creation of the new lots, will not change or move any existing roads or easements, platted subdivision boundaries, zoning district boundaries, or areas already dedicated to the public.

      4.   The application will not require dedication of new public right-of-way or the construction of roads or private lanes, or the creation of access easements, in order to create access to a lot that is landlocked.

      5.   For a reduction in density application, a record of survey is necessary to allow construction over platted lot lines of multiple whole lots.

      6.   The application will not require the creation of easements across one (1) or more parcels to extend water or sewer service to another parcel that will be created.

      7.   The proposed application will not adversely impact adjoining property interests.

      8.   If platted or recorded easements exist within any lot, the easements must be vacated prior to any construction within the easement area.

   E.   Prior to approval of any application for lot split, lot line adjustment, or lot density reduction, Owner shall dedicate, at no cost to the City, public right-of-way in accordance with City's transportation Code and Comprehensive Plan Transportation Maps as identified by City Engineer. The portion of property dedicated to the City will not be considered part of the lot split application.

   F.   If the City Engineer determines that a proposed lot split is too complicated for the administrative procedure set forth in this Section, or if City Engineer determines that the Owner must make utility or roadway improvements to support the creation of a parcel(s) that complies with the Middleton City Code and Standards, then the Owner must use the subdivision process in Middleton City Code to create a parcel or change the lot lines in any way.

   G.   If parcels have been created or the boundary lines of any lot have been adjusted without completing the application process set forth herein or without completing the subdivision process found in Title 5, then the lot will not be eligible for a building permit.

(Ord. 609, 7-3-2018; amd. Ord. 641, 11-18-2020; Ord. 708, 6-4-2025)