Chapter 19.53
REPLATS
Sections:
19.53.040 Application, review, mapping, survey, modification and extension requirements.
19.53.050 Special review standards.
19.53.060 Comprehensive plan and zone boundary adjustment.
19.53.010 Purpose.
The purpose of this chapter is to provide a procedure to modify recorded lots or parcels or further divide recorded lots or parcels or change recorded lot configurations. It shall therefore be the requirement that no person, agent or corporation shall perform replats except in compliance with the requirements for a replatting as contained in this title. The term “replat” shall mean the replatting of land as defined in JCC 19.11.200 and ORS Chapter 92. [2005 RLDC § 53.010.]
19.53.020 Review authority.
The Director shall review and approve or deny replats using quasi-judicial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 53.020.]
19.53.030 Replats required.
A. The requirements of this chapter shall apply to the act of replatting lots or parcels when:
1. The replat changes the location of a public or private street or public easement or right-of-way; or
2. The replat increases or decreases the number of lots or parcels.
B. When a replat is not required pursuant to subsection (A)(1) or (2) of this section, the common property lines between one or more abutting parcels may be relocated using the procedures and standards as set forth in Chapter 19.54 JCC (Property Line Adjustment). [2005 RLDC § 53.030.]
19.53.040 Application, review, mapping, survey, modification and extension requirements.
The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC (Basic Provisions) shall apply to replats:
A. Application procedures (JCC 19.50.030);
B. Land division review (JCC 19.50.040);
C. Tentative plan review standards and criteria (JCC 19.50.050);
D. Tentative plan map requirements (JCC 19.50.060);
E. Survey requirements (JCC 19.50.070);
F. Exclusion of contiguous property from maps (JCC 19.50.080);
G. Modifications (JCC 19.50.090);
H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 53.040.]
19.53.050 Special review standards.
In addition to the review standards contained in Division VII of this title (General Development Standards) and Division VIII of this title (Public Facility Standards), the tentative approval of replats shall comply with all of the following additional standards:
A. All lots or parcels involved in the replat shall conform to the minimum lot size for the applicable zone, except as permitted in subsection (B) of this section;
B. The adjustment of lines involving one or more nonconforming lots or parcels shall comply with the following rules:
1. No lot or parcel that conformed prior to the replat shall be made nonconforming after the replat; and
2. No lot or parcel that is nonconforming prior to the replat may be reduced to a size that is smaller than the smallest nonconforming lot or parcel existing prior to the replat;
C. The replat will not conflict with any public or private easement. [2005 RLDC § 53.050.]
19.53.060 Comprehensive plan and zone boundary adjustment.
A. The Director is authorized to adjust a comprehensive plan and/or zone boundary without requiring a comprehensive plan and/or zone change application if all of the following standards are satisfied:
1. The boundary is moved in conjunction with an approved replat;
2. The adjustment does not create potential additional residential lots or parcels as a result of moving the zone boundary;
3. The adjustment does not create the potential for new commercial or industrial uses; and
4. The adjustment will not require an exception to statewide planning goals.
B. The application shall be reviewed using ministerial review procedures as set forth in Chapter 19.22 JCC. This review shall be concurrent with the review for the property line adjustment.
C. A request for a comprehensive plan and/or zone boundary adjustment shall not be approved if the supporting property line adjustment is not approved or the final plat is not completed and recorded. [2005 RLDC § 53.100.]