Sec. 21-92. - Procedure.

(a)

The planning and development department may distribute copies of the application materials to the subdivision/development review committee for review and recommendation.

(b)

The subdivision/development review committee may consider and make recommendations on applications for lot line adjustments to the decision-maker. One copy of such recommendation shall be forwarded to the applicant at least ten days prior to the date on which the matter is considered by the decision-maker.

(c)

The decision-maker approval with appropriate conditions as may be required under this article shall authorize the county surveyor to file for record the appropriate documents reflecting the lot line adjustment as approved. A notice of the lot line adjustment shall be recorded with the deed of each property to be adjusted. Said notice shall include the following:

(1)

Legal description for each adjusted parcel; and

(2)

Statement of the findings and conditions approving the lot line adjustment; and

(3)

For a lot line adjustment resulting in nonconforming (as to size) parcels which were deemed not residentially developable, a statement that: "Parcel(s) ___________ were deemed not residentially developable pursuant to the findings approving this Lot Line Adjustment (Case No.___________)."

(d)

When the county surveyor is satisfied that the documents that are to be recorded to complete the lot line adjustment are technically correct, conform to the approval by the decision-maker, comply with all applicable laws and regulations, and that all agreements and securities have been provided, the county surveyor shall note and execute the county surveyor's certificate on the face of the appropriate documents to indicate that the document(s) appears to be in conformity with the provisions of this article and shall transmit the same to the county clerk-recorder for filing for record.

(e)

All deeds necessary to record the lot line adjustment shall be deposited with the county surveyor for recording.

(f)

A lot line adjustment and all conveyances necessary to bring it into effect shall expire unless recorded within thirty-six months of approval. This period of time may be extended for an additional period or periods of time not to exceed a total of thirty-six months by the decision-maker that approved the lot line for which the time extension is requested, provided an application for a time extension(s) is submitted prior to the date of expiration of the lot line adjustment.

1.

In addition to the thirty-six-month time extension provided in subsection (f) above, the planning director for good cause may extend the expiration of an approved, unexpired lot line adjustment for additional twentyfour-month periods in compliance with the following:

(a)

The planning director has determined that a time extension is necessary due to an economic hardship resulting from the continuing national economic downturn.

(b)

The application for the time extension is filed with the department in compliance with the following:

(1)

The application shall be filed prior to the expiration of the lot line adjustment that is the subject of the time extension request; however, an application may only be filed within the six-month period immediately preceding the date that the lot line adjustment would otherwise expire.

(c)

A time extension application shall be approved or conditionally approved only if the director first finds that the findings for approval required in compliance with section 21-93 (Findings required for approval of a lot line adjustment) that were made in conjunction with the initial approval of the lot line adjustment for which the time extension is requested can shall be made.

(d)

The action of the planning director is final subject to appeal to the planning commission in compliance with section 21-71.4 (Appeals).

This subsection (f)1 shall expire, and be of no further force or effect, on January 12, 2015, unless extended by ordinance.

(Ord. No. 3619, § 1; Ord. No. 4021, § 3; Ord. No. 4157, § 16; Ord. No. 4405, § 2: Ord. No. 4436, § 30; Ord. No. 4725, § 1, 7-14-2009; Ord. No. 4820, § 1, 12-13-2011)