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440 Big Island - 23-117-23-32-0078
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Project Packet
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Municode <br />d. <br />e. <br />Page 11 of 18 <br />Within 60 days after January 13, 1983 , the owner of each record lot shall be <br />notified in writing at his last recorded address of the classification of each <br />record lot, including all tax parcels determined to be included in such record lot. <br />All existing uses in the RS district are identified in the record lot inventory, <br />subsections (4), (5), (6) and (7) of this section, and all such uses have been <br />deemed to be seasonal in nature . The notice shall provide that in order to <br />receive the benefits of the automatic lot area variances granted by subsections <br />(6) and (8) of this section, the owner shall on a form provided by the city <br />acknowledge the record lot and shall apply for combination of all separate tax <br />parcels pursuant to subsection (2) of this section. Any record lot owner may <br />appeal the record lot classification or use determination to the council with no <br />application fee required within six months of the effective date of this division. <br />The record lot inventory shall be considered accurate and final for all properties <br />except those found on appeal to have a demonstrable cause for change or <br />adjustment. <br />Notice of record lot establishment shall be filed by the city in the chain of title of <br />each property. <br />Future changes in tax parcel property identification numbers caused by <br />combination of parcels for tax purposes or for any other reason shall not alter <br />the establishment of record lots . New record lots shall be created only by <br />council approved subdivisions pursuant to subsection (3) of this section, or by <br />combination of two or more complete record lots. <br />(2) Tax parcel combination required. No new building permit, variance or conditional use <br />permit shall be issued for any purpose on any record lot composed of two or more tax <br />parcels unless the owner of such record lot shall apply for a formal combination of all <br />commonly owned property into one parcel. If contiguous, all property shall be <br />combined into one tax parcel. If separated by public right-of-way , a special lot <br />combination form shall be executed and filed in the chain of title of each separate <br />parcel. <br />(3) Subdivision of record lots. All record lots established in this section shall be continued <br />in common ownership and shall not be subdivided, sold in parts, reduced in area , <br />leased or otherwise separated without application for and council approval of a <br />subdivision in accordance with chapter 82 . Such subdivisions will normally be <br />approved and additional new record lots created only if all resulting lots are each 5.0 <br />acres of dry-buildable lot area or more. No existing record lot shall be divided or <br />reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows : <br />a. Lot line rearrangements between abutting properties that do not create an <br />additional building site will normally be approved . <br />b. Separation of platted lots divided by public rights-of-way may be approved <br />provided the separated lot is combined with other abutting property to enlarge <br />the property without necessarily creating an additional substandard building <br />site. <br />(4) Subdividable record lot inventory. Record lots 1 through 4 inclusive are established , <br />each of which is determined to have a dry-buildable lot area in excess of 10 .0 acres <br />per owner. Therefore, each of record lots 1 through 4 inclusive may be subdivided into <br />two or more lots in conformance with the minimum lot area requirements of this <br />section, subject to subdivision application and approval pursuant to subsection (3) of <br />this section and to chapter 82 . Record lots are identified by record lot number on the <br />http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014
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