40.240.380 Lot Line Adjustments

A.    The following guidelines shall apply to lot line adjustments in the GMA:

1.    Lot line adjustments for parcels in all land use designations except Open Space, Commercial, Public Recreation, or Commercial Recreation shall comply with the following standards:

a.    The lot line adjustment shall not result in the creation of any new parcel(s).

b.    The lot line adjustment shall not result in the potential to create a new parcel(s) or residential development in excess of the maximum density allowed by the land use designation(s) for the affected parcels.

c.    The lot line adjustment shall not allow a parcel that is equal to or larger than the minimum parcel size before the lot line adjustment to become less than the minimum parcel size after the lot line adjustment, except to allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.

d.    The lot line adjustment shall not allow a parcel that is smaller than the minimum parcel size to be reduced in size, except to accomplish one of the following purposes:

(1)    Resolve boundary disputes, correct physical encroachments, provide reasonable access, or meet buffer or setback requirements; provided, that (a) the parcel to be enlarged would not become eligible for a subsequent land division, and (b) the amount of land transferred would be the minimum necessary to resolve the issue.

(2)    Allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes future land divisions and development.

e.    The lot line adjustment shall not allow the boundary of a parcel designated Large-Scale Agriculture, Commercial Forest Land, Large Woodland or Open Space to be extended into another land use designation for the purpose of establishing a dwelling under less stringent guidelines (e.g., extending a parcel designated GMA Large-Scale Agriculture into a parcel designated Rural Center or Residential).

f.    The lot line adjustment shall not allow previously approved parcels or developments to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

g.    The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

2.    Lot line adjustments for parcels designated Open Space shall comply with the following standards:

a.    The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate efforts to protect and enhance scenic, cultural, natural, or recreation resources. There is no specified minimum parcel size for parcels designated Open Space.

b.    The lot line adjustment shall comply with subsections (A)(1)(a), (e), (f) and (g) of this section.

3.    Lot line adjustments for parcels designated Commercial shall comply with subsections (A)(1)(a), (e), (f) and (g) of this section.

4.    Lot line adjustments for parcels designated Public Recreation or Commercial Recreation shall comply with the following standards:

a.    The lot line adjustment may be allowed upon demonstration that it is necessary to facilitate, enhance, or otherwise improve recreation uses on the parcel. There are no specified minimum parcel sizes for parcels designated Public Recreation or Commercial Recreation.

b.    The lot line adjustment shall comply with subsections (A)(1)(a), (e), (f) and (g) of this section.

(Amended: Ord. 2008-06-02)

B.    The following guidelines shall apply to lot line adjustments in the SMA:

1.    The proposed lot line adjustment shall not result in the creation of any new parcel(s).

2.    A lot line adjustment shall not result in a parcel greater than or equal to forty (40) acres becoming less than forty (40) acres.

3.    A lot line adjustment shall not result in a parcel less than forty (40) acres becoming forty (40) acres or greater.

4.    A parcel that is smaller than forty (40) acres shall not be reduced in size, except to accomplish one of the following purposes:

a.    Resolve boundary line disputes, correct physical encroachments, provide reasonable access, or meet buffer or setback requirements; provided, that (1) the parcel to be enlarged would not become forty (40) acres or greater, and (2) the amount of land transferred would be the minimum necessary to resolve the issue.

b.    Allow a public or nonprofit entity to acquire land for the purpose of protecting and enhancing scenic, cultural, recreation or natural resources; provided, that the land to be acquired would be protected by a conservation easement or other similar property restriction that precludes residential development.

5.    The lot line adjustment shall not cause previously approved parcels or development to violate conditions of approval or become out of compliance or further out of compliance with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

6.    The lot line adjustment shall not result in a parcel that cannot comply with existing land use and resource protection guidelines, including, but not limited to, requirements for buffer zones and landscaping.

(Amended: Ord. 2006-05-04; Ord. 2008-06-02)