Chapter 16.50
LOT LINE ADJUSTMENTS
Sections:
16.50.010 What this chapter does.
16.50.020 Purpose.
16.50.030 Application.
16.50.040 Approval process.
16.50.050 Review responsibilities.
16.50.060 Criteria for approval.
16.50.010 What this chapter does.
This chapter establishes the application, review and approval process, and duties of the planning director for lot line adjustments. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.1)].
16.50.020 Purpose.
The lot line adjustment process allows for property boundaries between adjacent parcels to be adjusted under specific circumstances allowed by state law without being subject to the plat amendment or subdivision processes. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.2)].
16.50.030 Application.
Property owners or their duly authorized agents shall make application for a lot line adjustment on forms prepared by the planning director. No lot line adjustment application may be processed without the submission of the application, all the supporting materials as required by this chapter and the processing fee. Incomplete applications shall not be processed under any circumstances.
A. Supporting Materials. The following items shall be submitted with an application for a lot line adjustment. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Title Report. A title report shall be submitted for the properties that are the subject of the lot line adjustment.
2. Recorded Plat. The existing recorded plat shall be submitted.
3. Legal Description. A legal description shall be submitted.
4. Diagrams of Improvements. Diagrams showing the current and proposed lot lines and building setbacks. These drawings must also show the locations of any structures and their respective distances from the proposed lot lines.
5. Locations of Utilities and Easements. A plan that identifies the existing and proposed utilities and easements shall be submitted.
6. Deed. A signed special warranty deed defining the transfer of property shall be submitted.
7. Letter of Consent. Any lending institution that owns property that will be altered by the proposed application must submit a letter consenting to the application.
8. Fee. The applicant shall reimburse the city for expenses incurred during the processing of the application plus a 15 percent administration charge prior to the recordation of the deed or the processing fee required by the current adopted consolidated fee schedule. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.3)].
16.50.040 Approval process.
Upon submission of the aforementioned materials, the planning director (or designee) will review the application for completeness, accuracy, and for compliance with the criteria for approval. After the planning director (or designee) has reviewed the application, they may approve, approve with conditions, or deny the application. No deed shall be recorded without the city attorney’s authorization. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.4)].
16.50.050 Review responsibilities.
As part of the review, the city engineer and city attorney will perform the following duties:
A. City Engineer. The city engineer will verify that the proposed property boundaries close and that there are no conflicts with the existing utilities in the easements and the proposed property boundaries. The city engineer will require that the altering of any property lines shall also include the adjustment of utilities to be located within the easements.
B. City Attorney. The city attorney will review the title reports, proposed deed, and letters of consent. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.5)].
16.50.060 Criteria for approval.
The planning director (or designee) may only approve proposed lot line adjustments if the application meets all of the following criteria listed below:
A. No New Dwelling. No new dwelling unit or lot shall be created as a result of approval of the proposed lot line adjustment.
B. Consent. The adjoining property owners shall consent to the lot line adjustment application.
C. Remnant Land. No remnant land shall be created that did not previously exist prior to the lot line adjustment being approved.
D. Violation of Land Use Requirements. No violation of the city’s land use requirements shall be created as a result of the lot line adjustment being approved.
E. Other Processes. Failure to meet all of the approval criteria will result in denial of the lot line adjustment and may cause the request to be processed as a plat amendment or subdivision. [Ord. O-23-2005 § 3 (Exh. 1(2) § 10.6)].