Agenda - Planning Commission - 07/05/1995

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THE ZONING REPORT Page Two code defines as the land unit of ownership re- sulting from the laws of division and convey- ances. Some codes define the word 'lot' as meaning a lot of record, especially in those codes that define zoning lot. Other codes define the word lot as meaning zoning lot as we describe that term, especially in those codes that define lot of record. For the purposes of land development regula- tions, a land division or conveyance is recog- nized when it is first recorded. At that mo- ment, it becomes subject to regulation by local codes, Similarly, any further change of owner- ship or further division of a lot of record is recognized only when that change is recorded. Zoning codes recognize a's owners of lots of record only the most recent recorded owner in the chain of recorded owners and recognize the most recent re-division of a lot of record, except when nonconformancy involves the own- ership of contiguous land at an earlier date when the lot was created, if this now is an is- sue. The method by which a lot of record can be legally created is specified in each state's statutes. It can be by plat, parceiization, metes and bounds~ by ]and contract as a re- corded conveyance and by long term leasehold that is recorded, such as outlots set aside for gas stations in shopping centers. The legal description of a zoning lot and lots of record must accord with the method of land division. The description is reviewed by zoning staff in applications for development actions, to assure that the lot was created by a legal division and does not overlap with existing zoning lots. The desc. ription can be by plat or parcel number, me'res and bounds, government survey (NW 1/4 of SE 1/4 of Sec. 3, etc), or by modified plat description (all of lot 7 plus 3.55 ft of Lot 6 parallel to and adjoining the east line of Lot 7). A numbered lot in a numbered block in a recorded subdivison is acceptable but numbering a lot created by metes and bounds is not except, in some states, by a spe- cial registered survey plat designed to simplify metes and bounds descriptions. A conveyance need not be a land sale. It can be a gift, an inheritance, a family farm divi- sion legal in some states, or a division by a court in a settlement whose terms comply with zoning standards. Conveyance is change of ownership only, not how ownership changes hands. When created, a lot of record becomes a zon- ing lot in most cases and never the other way around. Persons first create lots of record through division and conveyance, then they put uses on them, thus lots of record becomes zon- ing lots. Some zoning codes define a lot of record as a lot recorded prior to the enactment of the current zoning code and define a zoning lot as a lot recorded after the effective date of the zoning code. The zoning lot is combined with what other codes call a lot of record as the unit of ownership. The combination is called a 'lot.' In any case, a lot of record is always recorded. But a zoning lot need not be record- ed unless the zoning code requires it or defini- tionally combines it with a lot of record. A lot of record gains its relevancy as a zon- ing lot when.a development action is applied for on it. Development actions can 'occur in four ways: (1), when a building permit is ap- plied for or any type of land improvement per- mit needing a zoning clearance is sought ahead of a building permit such as a water-well dril- ling permit, septic permit or site clearing per- mit; (2), when a lot of record is divided by any legal means; (3), when two or more existing lots of record have their common boundaries shifted or adjusted without creating or termi- nating any lots; and (4), when a lot of record is terminated by combining it with ail or parts of other lots of record. But a development ac- tion does not occur when a lot of record is re-conveyed without change of the use, its uni- ty of control and its boundaries~ usually as a routine sale of a house on 'an urban platted subdivision lot. A zoning lot and a lot of record on the same piece of land almost always have coterminous boundaries. They need not be coterminous, but J~n~3, 1995 issue