Chapter 19.40
EXISTING SUBSTANDARD LOTS
Sections:
19.40.020 Petition for determination of status.
19.40.030 Determination of status – Factors.
19.40.040 Method of redivision.
19.40.050 Determination of ownership.
19.40.010 Generally.
A. In the case of a lot of record on January 23, 1973, which does not conform to the zoning regulations of the borough, and which adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such a lot except in conformity with this chapter. This subsection applies to those lots which are located within the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation.
B. In the case of a lot of record on May 30, 2008, which does not conform to the zoning regulations of the borough, and which adjoins along a side lot line property held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such a lot except in conformity with this chapter. This subsection applies to those lots located outside the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation. [Ord. 833 § 46, 2009; Ord. 276 § 4, 1973; prior code § 95.85.090(A).]
19.40.020 Petition for determination of status.
A. The owner of such substandard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the borough for determination as to the status of such lot.
B. Such petition shall be referred to the planning commission for study to determine the practical possibility of a redivision of such ownership to provide lots which will be in conformity to the zoning regulations of the borough and shall act within 40 days to give the petitioner a determination. [Ord. 276 § 4, 1973; prior code § 95.85.090(A)(1), (2).]
19.40.030 Determination of status – Factors.
The planning commission, in making its decision and determination, shall give consideration, among others, to the following factors:
A. Compatibility. The size, quality and character of existing lots and building development in the immediate area with a view to maintaining compatibility and protecting existing values;
B. Sewage Disposal. Where public sewer is not available, a lot size necessary to ensure safe sewage disposal;
C. Practicability. The economic and engineering practicability of any possible redivision;
D. Hardship. The degree of practical hardship which may be imposed upon the owner. [Ord. 276 § 4, 1973; prior code § 95.85.090(A)(3).]
19.40.040 Method of redivision.
Such redivision may be accomplished as is most appropriate by the following:
A. Vacation and replatting of all or a part of a recorded plat;
B. Combining of lots or parts of lots;
C. Redefining of lot lines by a plat. [Ord. 276 § 4, 1973; prior code § 95.85.090(A)(4).]
19.40.050 Determination of ownership.
For the purpose of this chapter, property shall be considered in the same ownership when owned by the following:
A. The same individual or corporation;
B. Tenants in the entirety or tenants in common, and either of the tenants in the entirety or tenants in common owns other contiguous property individually or as tenants in common with another;
C. An individual; and when other contiguous property is owned by any relative by blood or marriage within the second degree of kindred;
D. An individual; and when other contiguous property is owned by a corporation of which he is a director, officer or controlling stockholder. [Ord. 276 § 4, 1973; prior code § 95.85.090(B).]