Chapter 16.32


16.32.010    Purpose.

16.32.020    Limitation.

16.32.030    Application.

16.32.040    Criteria.

16.32.050    Approval and recording.

16.32.010 Purpose.

The purpose of this chapter is to provide the criteria for the review and approval of adjustments to boundary lines between two or more lots or tracts. The intent of a boundary line adjustment is to rectify defects in legal descriptions, to address existing problems pertaining to building encroachment, irregular shaped lots, or substandard lot sizes or to modify lot lines to promote orderly and efficient community growth. A boundary line adjustment may not be used to accomplish the purposes for which platting, replatting, plat alterations or plat vacations are intended and required. A boundary line adjustment shall be reviewed and approved by the administrator as a Type IB project permit application under the development regulations. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.32.020 Limitation.

Boundary lines may only be adjusted between the following lots:

A. Lots created by a recorded land division;

B. Lots exempt from the land division code under Section 16.04.030;

C. Lots previously adjusted pursuant to this chapter; or

D. Lots conveyed by written instrument prior to October 17, 2000. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.32.030 Application.

A. Application. Application for a boundary line adjustment shall not include a land division map, but shall include a record survey for a boundary line adjustment, drawn to scale and accurately dimensioned, clearly showing the following information:

1. Names, addresses, phone numbers of the owner(s) of record of the lots to be adjusted;

2. Assessor parcel numbers for all affected lots;

3. The area and dimensions of each lot; and location and dimensions of all tracts, private or public roads, easements, any drain field(s), or wellhead protection areas that are within or adjacent to any affected lot;

4. All boundary lines shall be referenced with proper bearings and distances;

5. Zoning of lots;

6. Drawing to scale indicating the present boundary line as dashed and the proposed boundary line as solid, both referenced with proper bearings and distances;

7. Present and proposed legal description of the lots to be adjusted, as prepared by a land surveyor; with legal descriptions for the conveyances necessary to complete the adjustment.

B. Additional Documents. A boundary line application shall include the following, in addition to the information in subsection A of this section:

1. A statement of indemnification, consent and waiver of claims, executed by the owner(s) of record of the lots to be adjusted;

2. A plat certificate issued within thirty days prior to the application confirming that the title to the lands subject to the boundary line adjustment are vested with the owner(s) of record;

3. Instruments providing for the conveyance of the adjusted lots by and to the owner(s) of record, with legal descriptions prepared by a land surveyor. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.32.040 Criteria.

The boundary lines separating two or more lots of record may be adjusted under the provisions of this chapter; provided, that such adjustment:

A. Shall not result in the creation of any additional lots or tracts;

B. Shall not create any lot or tract which contains insufficient area and dimensions to meet the requirements for width and area for a building site as established herein, nor shall such adjustment or adjustments create a building setback violation;

C. Shall not adversely affect access, easements or drain fields;

D. Shall not result in any lot being smaller than the minimum lot size required by the zoning code in effect at the time the application is accepted. Whenever any one or more lots involved in the proposed change is smaller than the minimum lot size of the current zoning designation, the change may be approved so long as no resulting lot becomes more nonconforming than the smallest lot prior to the boundary line adjustment;

E. Shall not reduce the overall area in a land division reserved or devoted to open space, parks, or similar requirement;

F. Shall not modify a boundary of a recorded land division;

G. Shall not violate or be inconsistent with any restrictions or conditions of approval for any previously approved land division; and

H. Shall not result in the entire relocation of lots or tracts. Lots may be reoriented within the perimeter of the contiguous lots. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.32.050 Approval and recording.

Upon the administrator determining the proposed boundary line adjustment satisfies the requirements of this chapter, the administrator shall endorse the completed application, notify the owner(s) of record, and shall record the completed application and the instruments of conveyance with the auditor. A boundary line adjustment shall not be considered approved until the boundary line adjustment plan has been filed by the administrator with the auditor. The signature of approval by the administrator shall constitute approval by the city for recording of the boundary line adjustment. The applicant shall be responsible for all recording fees. (Ord. 1397 § 8 (Exh. 7) (part), 2009).