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SUBDIVISIONS _ <br /> rn <br /> DIVISION 5: WAIVER TO ALLOW BUILDING ACROSS LOT LINE Section 3.3.5.5Expiration and Extension <br /> Section 3.3.5.1 Purpose,Applicability, and Effect A. Expiration.A waiver to allow building across a lot line shall <br /> expire automatically if: <br /> A. Purpose.The purpose of a waiver to allow building across a <br /> lot line shall be to provide an expeditious means of developing 1. Development of the lot does not occur within two years of <br /> over a middle lot line between two adjacent lots under the same the recordation of the waiver. <br /> ownership. 2. The structure built under the waiver is either demolished or <br /> B. Applicability.The procedures for a waiver to allow building destroyed. <br /> across a lot line shall apply only for the purpose of B. Recording. Upon expiration of the waiver, an instrument <br /> accommodating a single structure or building over a single lot evidencing such expiration and rescinding the waiver shall <br /> line between two contiguous legally conforming lots. be filed at the county of record. However,failure to file such <br /> C. Effect. Upon approval by the Responsible Official,the waiver instrument shall not extend the term of the waiver and the City <br /> may be recorded and is controlling over the recorded plat until may take any action available at law or in equity to enforce its <br /> such time as the structure or building requiring the waiver is ordinances or applicable laws, rules or standards that would <br /> destroyed or demolished. apply to the Lots in the absence of the waiver under this <br /> Division 5. <br /> Section 3.3.5.2Application Requirements <br /> C. Extension.A waiver to allow building across a lot line may be <br /> A. An application for waiver to allow building across a lot line shall extended in accordance with Section 2.3.5.1. <br /> be prepared in accordance with Section 3.3.5.1. <br /> (Ord. No. 2019-45, 12-17-19) <br /> Section 3.3.5.3Approval Process <br /> A. The Responsible Official shall either approve, approve with DIVISION 6= PLAT VACATION <br /> conditions,or deny the application for a waiver based on the Section 3.3.6.1 Purpose <br /> criteria in Section 3.3.5.4. <br /> Section 3.3.5.4Criteria for Approval A. Purpose.The purpose of a plat vacation is to provide an <br /> expeditious means of vacating a recorded plat in its entirety, <br /> The Responsible Official shall decide whether to approve, consistent with provisions of State law. <br /> conditionally approve,or deny the requested waiver based on the Section 3.3.6.2Application Requirements <br /> following criteria: <br /> A. The combined area and dimensions of the two contiguous lots A. Initiation of a Plat Vacation <br /> must meet all dimensional standards for a single lot under this 1. By Property Owner.The property owner of the tract <br /> Development Code; covered by a plat may submit an application to vacate the <br /> B. Both lots must be under the same ownership; plat at any time before any lot in the plat is sold. <br /> C. Both lots must be legally platted whole lots within an existing 2. By All Lot Owners.If lots in the plat have been sold, an <br /> subdivision; application to vacate the plat must be submitted by all the <br /> owners of lots in the plat. <br /> D. The waiver shall not attempt to remove or modify recorded <br /> covenants or restrictions or easements;and 3. City Council.The City Council may initiate a plat vacation <br /> on its own motion if it determines that the plat should be <br /> E. The waiver to allow building across a lot line shall not require vacated in the interest of and to protect the public's health, <br /> the dedication of any additional right-of-way or easements. safety and welfare;and: <br /> Amended:September 1,2020 San Marcos Development Code 3 <br />