Chapter 16.52
BOUNDARY LINE ADJUSTMENT
Sections:
16.52.040 Administrative review.
16.52.010 Purpose.
The purpose of this chapter is to establish an administrative approach for approving the modification of boundary lines between two or more lots of record. Boundary line adjustments intend to address existing problems pertaining to irregular shaped lots, building encroachment, lot sizes that are nonconforming, or to modify lot lines to promote orderly and efficient community growth. (Ord. 15-28 §1 (Exh. 2) (part)).
16.52.020 Applicability.
The boundary lines separating two or more lots of record may be adjusted under the provisions of this chapter; provided, that such adjustment:
A. Will not result in the creation of any additional lot(s).
B. Will not create any lot(s), which contains insufficient area and dimensions to meet all of their requirements of the city of Colfax zoning standards.
C. Will not affect access, easement or drain fields.
D. Will be consistent with all applicable health, building or similar regulations.
E. Will not increase the nonconforming aspects of an existing nonconforming lot or structure. (Ord. 15-28 §1 (Exh. 2) (part)).
16.52.030 Application.
Application for a boundary line adjustment must be completed on forms provided by the city of Colfax building department, and shall be submitted to the building department together with the applicable fee set forth in the annual fee schedule. In order to be considered complete, an application must include the following:
A. An information title report showing ownership and the legal descriptions of record for all affected parcels.
B. The signatures of all the owners of the properties affected, or their authorized representatives, on the boundary line application indicating their consent.
C. An adjusted legal description of all the lots affected by the boundary line prepared by a registered Washington State land surveyor or title company.
D. A survey map of the property and proposed boundary line adjustment prepared by a Washington State licensed land surveyor, unless the city administrator determines that a survey is not required because the properties involved are a part of an already existing recorded survey or platted subdivision, in which case the proposed boundary line adjustment shall be shown on a copy of a recorded survey or recorded plat for the lots involved. Such cases where surveys are not required only apply to adjustments pertaining to minor shifts in property lines, as determined by the city administrator. The survey map or other accepted drawing of the proposed boundary line adjustment shall be drawn to scale with accurate dimensions and shall contain the following information:
1. Existing property lines that are to be changed or removed shall be shown as a dashed line (----, etc.).
2. Existing property lines that will remain unchanged shall be shown as a solid line.
3. Proposed property lines shall be shown as a bold double line (====).
4. A north arrow and approximate scale shall be shown.
5. Adjacent property owners shall be correctly identified and properly labeled.
6. The size, location, and configuration of all structures existing upon the affected lots showing the distance of structures to existing and proposed property lines and from each other.
7. Lot dimensions must be shown and labeled.
8. All site utilities--well and water lines, sewage lines, septic tank and drain field; gas, electrical, telephone, cable TV lines, driveways, road access, and easements must be located and described on the survey map.
9. Existing and proposed legal descriptions must be described.
10. A title of "Boundary Line Adjustment Survey" when a survey is required, or "Boundary Line Adjustment" when a survey is not required. A space shall be provided on the survey for the building department filename for that specific boundary line adjustment. (Ord. 15-28 §1 (Exh. 2) (part)).
16.52.040 Administrative review.
An application for a boundary line adjustment shall be approved, approved with conditions, returned to the applicant for modifications or denied within fifteen calendar days of its receipt by the city of Colfax. The city of Colfax shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements for a boundary line adjustment, as determined by the city of Colfax.
A. The city of Colfax is authorized to review the proposed boundary line adjustments or lot consolidations. Approval will be given as long as no new or additional lot(s) is/are created, and provisions of the zoning code are met. Those provisions include, but are not limited to, minimum lot dimensions, parcel size, setbacks, water and sewer requirements.
B. The owner(s) must file a quitclaim deed with the Whitman County auditor to complete the process of property transfer to the adjacent owner(s).
C. If the boundary line adjustment is denied, the building and community development associate shall make appropriate findings of fact in writing. When approved, the boundary line adjustment shall be filed by the applicant with the Whitman County auditor (legal filings division), along with the sketch, drawing, or survey and related documents such as legal descriptions and quitclaim deeds.
D. The auditor shall provide copies of the filed boundary line adjustment to the building department and county assessor for their files. The county assessor will make the ownership change on their records for tax assessment purposes.
E. Appeals of an administrative decision relating to boundary line adjustments may be made to the board of adjustment. This appeal must be made in writing to the board of adjustment via the building department within fifteen calendar days of the date of the decision. The board of adjustment, following a public meeting, may affirm or reverse the administrative decision, and may approve it with additional conditions. If not, the decision of the building department is final and no further appeal may be made. (Ord. 15-28 §1 (Exh. 2) (part)).