Chapter 17.40


17.40.010    Review procedure.

17.40.020    Review standards.

17.40.030    Survey required.

17.40.040    Deed required.

17.40.050    Survey and the filing deadlines.

17.40.060    Lot line adjustment.

17.40.070    Decision.

17.40.010 Review procedure.

Lot line adjustments meeting the following requirements shall be processed by administrative review and shall not require a replat of platted subdivision lots. (Code 1983 § 97.805A.)

17.40.020 Review standards.

The proposed lot line adjustment shall meet the following standards:

(1) No additional lot shall be created.

(2) The existing parcel reduced in size by the adjustment is not reduced in size below the minimum lot size established by the Monmouth Zoning Ordinance.

(3) The adjustment will result in the relocation of a common boundary.

(4) The adjustment will not cause or create violation of any provisions of the Zoning Ordinance.

(5) The adjustment will not increase the degree of nonconformity of any lawful preexisting nonconforming use. (Code 1983 § 97.805B.)

17.40.030 Survey required.

The adjusted boundary shall be surveyed and monumented and a survey shall be filed with the Polk County Surveyor. (Amended by Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 97.805C.)

17.40.040 Deed required.

A property line adjustment deed, which contains the names of the parties, the description of the adjusted line, references to original recorded documents, and signatures of all parties shall be recorded with Polk County. (Code 1983 § 97.805D.)

17.40.050 Survey and the filing deadlines.

The survey and deed required by MCC 17.40.030 and 17.40.040 shall be filed or recorded within 180 days of final approval of the lot line adjustment or the approval shall be null and void. The City Planner may grant one extension of up to 180 days. (Code 1983 § 97.805E.)

17.40.060 Lot line adjustment.

Meeting the above requirements shall be an alternative procedure to the replat of the subdivision, as described in ORS 92.190(3), in which the lots are located. (Code 1983 § 97.805F.)

17.40.070 Decision.

A decision of the City Planner on an administrative lot line adjustment is not a land use decision. A denial of a lot line adjustment may be appealed to the Planning Commission by filing a written notice of appeal with the City Planner within 15 days of the date the notice of decision is mailed. A proposed lot line adjustment, which does not meet all of the above requirements, may be refiled as a request for partition upon payment of the filing fee for a partition and the provisions of the Zoning Ordinance applicable to partitions shall then apply. (Code 1983 § 97.805G.)