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440 Big Island - 23-117-23-32-0078
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13-3613, SUBD
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Project Packet
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record lot and shall apply for combination of all separate tax parcels pursuant to subsection <br />(2) of this section. Any record lot owner may appeal the record lot classification or use <br />determination to the council with no application fee required within six months of the <br />effective date of this division. The record lot inventory shall be considered accurate and <br />final for all properties except those found on appeal to have a demonstrable cause for <br />change or adjustment. <br />d. Notice of record lot establishment shall be filed by the city in the chain of title of each <br />property. <br />e. Future changes in tax parcel property identification numbers caused by combination of <br />parcels for tax purposes or for any other reason shall not alter the establishment of record <br />lots. New record lots shall be created only by council approved subdivisions pursuant to <br />subsection (3) of this section, or by combination of two or more complete record lots. <br />(2) Tax parcel combination required. No new building permit, variance or conditional use permit <br />shall be issued for any purpose on any record lot composed of two or more tax parcels unless <br />the owner of such record lot shall apply for a formal combination of all commonly owned <br />property into one parcel. If contiguous, all property shall be combined into one tax parcel. If <br />separated by public right-of-way, a special lot combination form shall be executed and filed in <br />the chain of title of each separate parcel. <br />(3) Subdivision of record lots. All record lots established in this section shall be continued in <br />common ownership and shall not be subdivided, sold in parts, reduced in area, leased or <br />otherwise separated without application for and council approval of a subdivision in accordance <br />with chapter 82. Such subdivisions will normally be approved and additional new record lots <br />created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing <br />record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, <br />except as follows: <br />a. Lot line rearrangements between abutting properties that do not create an additional <br />building site will normally be approved. <br />b. Separation of platted lots divided by public rights-of-way may be approved provided the <br />separated lot is combined with other abutting property to enlarge the property without <br />necessarily creating an additional substandard building site. <br />(4) Subdividable record lot inventory. Record lots 1 through 4 inclusive are established, each of <br />which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. <br />Therefore, each of record lots 1 through 4 inclusive may be subdivided into two or more lots in <br />conformance with the minimum lot area requirements of this section, subject to subdivision <br />application and approval pursuant to subsection (3) of this section and to chapter 82. Record <br />lots are identified by record lot number on the official record lot map and listing on file with the <br />city clerk, and each includes all property identified thereafter by the listed tax parcel property <br />identification numbers. <br />(5) Conforming record lot inventory. Record lots 1 through 7 inclusive are established, each of <br />which is determined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, <br />each of record lots 1 through 7 inclusive are in conformance with the minimum lot area <br />requirements of this section, and may be used for any one-family permitted or conditional use in <br />the RS district, subject to all performance standards and approvals required, including tax <br />parcel combination pursuant to subsection (2) of this section. Record lots are identified by <br />record lot number on the official record lot map and listing on file with the city clerk, and each <br />includes all property identified thereafter by the listed tax parcel property identification numbers. <br />(6) Substandard buildable record lot inventory. Record lots 8 through 62 inclusive are established, <br />each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, <br />which lot area is substandard pursuant to the minimum lot area requirements of this section. <br />Record lots 8 through 62 inclusive may be developed only in accordance with section 78-72(c). <br />Record lots are identified by record lot number on the official record lot map and listing on file
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