Chapter 17.355


17.355.010    Legal lot determinations.

17.355.010 Legal lot determinations.

(1) Purpose and Summary.

(a) The purpose of this section is to provide a process and criteria for determining whether parcels are lots of record consistent with applicable state and local law, and to include a list of potential remedial measures available to owners of property which do not meet the criteria.

(b) In summary, parcels are lots of record if they were in compliance with applicable laws regarding zoning and platting at the time of their creation. Zoning laws pertain primarily to the minimum lot size and dimensions of the property. Platting laws pertain primarily to the review process used in the creation of the lots. Specific provisions are listed herein.

(2) Applicability. The standards of this section apply to all requests for individual lot determinations applications or as a part of an application packet being submitted by the applicant.

(3) Determination Process. Lot of record status may be formally determined through the following ways:

(a) Lot Determinations as Part of a Building Permit or Other Development Request. Building or other development applications for new principal structures on parcels which are not part of a platted land division shall be reviewed by the city for compliance with the criteria standards of this section, according to the timelines and procedure of the building permit or other applicable review involved. Lot determination fees pursuant to the Coos Bay fee schedule shall be assessed, unless the parcel was recognized through a previous lot determination or other review in which such recognition was made. Lot determination fees will be assessed for placement or replacement of primary structures. A separate written approval will not be issued unless requested by the applicant.

(b) Lot Determination Requests Submitted without Other Development Review. Requests for determinations of lot of record status not involving any other city development reviews shall submit an application for lot determination. The city shall use a Type I process, CBDC 17.130.080. The city will issue a letter of determination in response to all such requests.

(4) Application and Submittal Requirements. The following shall be submitted with all applications for lot determination, or applications for other development review in which a lot determination is involved. Applicants are encouraged to submit material as necessary to demonstrate compliance with this section.

(a) Prior city/county partition, subdivision, lot determination or other written approvals, if any, in which the parcel was formally created or determined to be a lot of record;

(b) Sales or transfer deed history;

(c) Prior segregation request, if any;

(d) Prior recorded survey, if any; and

(e) At the discretion of the applicant, any other information demonstrating compliance with criteria of this section.

(5) Approval Criteria.

(a) For a parcel to be deemed a legal lot of record one of the following must apply:

(i) A lot must have been created through the legal zoning requirements at the time of its creation; or

(ii) The lot was created prior to zoning requirements being placed on the property approved subdivision or partition.

NOTE: Assessment tax lines do not by themselves create legal lots for development. They only provide for the orderly collection of taxes.

(b) Public Interest Exception, Discretionary. The responsible official may, but is not obligated to, determine that parcels meeting the following criteria are lots of record:

(i) Zoning. The parcel lacks sufficient area or dimension to meet current zoning requirements but meets minimum zoning dimensional requirements, including lot size, dimensions and frontage width, in effect at the time the parcel was created; and

(ii) Platting.

(A) The responsible official determines that conditions of approval which would have been imposed if the parcel had been established through platting under current standards are already present on the land; or

(B) The property owner completes conditions of approval which the responsible official determines would otherwise be imposed if the parcel had been established through platting under current standards. Preliminary and final submittal plans shall be required where applicable.

(iii) The responsible official shall apply the following factors in making a lot of record determination under the discretionary public interest exception:

(A) The parcel size is generally consistent with surrounding lots of record within 1,000 feet;

(B) Recognition of the parcel does not adversely impact public health or safety;

(C) Recognition of the parcel does not adversely affect or interfere with the implementation of the comprehensive plan; and

(D) Recognition of lot of record status based on the public interest exception shall be valid for five years from the date of lot determination or review in which the determination was made. If a building or other development permit is not sought within that time, the determination will expire. Applications for development or lot recognition submitted after five years shall require compliance with applicable standards at that time.

(c) As an alternative to city staff reviewing the above required materials, the applicant may elect to submit the application page, applicable fee(s), required drawings, and a signed stamped letter from a licensed surveyor stating the lot is a legal lot meeting the requirements in this section.

(6) De Minimis Lot Size Standard. For the purposes of reviewing the status of preexisting lots for compliance with platting and zoning standards, parcels within one percent of minimum lot size requirements shall be considered in compliance with those standards. Parcels within 10 percent of lot size standards shall be similarly considered in compliance unless the department determines that public health or safety impacts are present. The planning commission shall review appeals of this chapter. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.350.010].