Chapter 19.68


19.68.010    Purpose and intent.

19.68.020    Authority.

19.68.030    Definition.

19.68.040    Scope.

19.68.050    Application.

19.68.060    Community development department decision.

19.68.070    Recording.

19.68.080    Appeals.

19.68.010 Purpose and intent.

The purpose of this chapter is to establish procedures for the approval of boundary line adjustments in order to ensure that such divisions of land are accomplished in an orderly manner, with proper records established, and in compliance with applicable laws. (Ord. 2889 § 1, 2004).

19.68.020 Authority.

This chapter is adopted pursuant to the authority of RCW 35A.63.100(3), Chapter 58.17 RCW, and laws of the state of Washington. (Ord. 2889 § 1, 2004).

19.68.030 Definition.

A boundary line adjustment is defined as a division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. (Ord. 2889 § 1, 2004).

19.68.040 Scope.

The submittal of boundary line adjustment applications for city approval under this chapter shall be required by the affected property owners. Said approval shall be consistent with the provisions of this chapter. (Ord. 2889 § 1, 2004).

19.68.050 Application.

All applications for boundary line adjustments shall be submitted to the director on application forms made available in the community development department. The application shall include the signatures of all property owners affected by the adjustment. In addition, a drawing measuring not less than 18 inches by 22 inches, drawn to scale, shall be provided with the following information:

(1) Existing property lines shown as dashed or broken lines, and adjusted property lines shown as solid lines;

(2) Distance between existing and adjusted line(s);

(3) Dimensions of all property lines before and after adjustment;

(4) Location of all existing buildings, with closest distance between each building and all existing and proposed property lines displayed;

(5) Legal description of each lot involved prior to the boundary line adjustment;

(6) Legal description of each lot involved after the boundary line adjustment;

(7) Location of existing and proposed easements that are in favor of a public entity;

(8) The location of public and private streets;

(9) A fee as established by the city council by resolution. (Ord. 2889 § 1, 2004).

19.68.060 Community development department decision.

The community development department’s approval shall be based on whether or not the proposed boundary line adjustment meets the following standards:

(1) The boundary line adjustment does not create any additional new lots;

(2) The boundary line adjustment does not create any lot which does not meet the minimum lot width and area standards for the zone district in which it is located;

(3) The boundary line adjustment does not increase the degree of nonconformance of structures, lots, or other factors with respect to zoning standards;

(4) The boundary line adjustment makes provision for all necessary utility easements;

(5) The adjusted lots meet the building site dimensions for the district in which the parcel is located, with respect to configuration and access to public streets; or if the existing lots do not meet these requirements, the adjusted lots do not increase the degree of nonconformity.

The community development department shall take action on the request within 20 working days from the date the application is deemed complete. The applicant shall be notified in writing of the action. (Ord. 2889 § 1, 2004).

19.68.070 Recording.

If the proposed boundary line adjustment is approved:

(1) The applicant shall cause a survey map to be prepared and recorded with the Cowlitz County auditor’s office on reproducible mylar material (stabilized drafting film) measuring at least 18 inches by 22 inches. Full surveys are not required for boundary line adjustments when a single property line is involved. At a minimum, the mylar shall contain the following information:

(a) A north point, graphic scale and small vicinity map;

(b) Old property lines and dimensions as dashed or broken lines, new property lines and dimensions as solid lines.

(c) All property lines shall be fully dimensioned, with the area calculations for each lot noted on the face of the plat;

(d) Correct street names and current zoning designation;

(e) Names of all affected property owners, and addresses of affected parcels. If a parcel is vacant, an address will be assigned by the city;

(f) Building locations, building setbacks (distance from existing structures to nearest property lines), location of easements, utility connection points and public and private streets;

(g) Identification of all lots involved as Lot 1, Lot 2, etc.;

(h) Signature blocks for all property owners;

(i) Signature blocks for the community development director and public works director.

(2) Legal descriptions shall be prepared for each lot after the boundary has been relocated, and the legal description for each lot shall be placed on the face of the survey map.

(3) Any previous short plat or boundary line adjustments shall be noted on the survey map in the title block or plat notes;

(4) The survey map shall contain a surveyor’s certificate consistent with RCW 58.09.080 and all other certificates and other information required by Chapter 58.09 RCW.

(5) A copy of the recorded survey shall be provided to the community development department.

(6) On the face of the survey map, the language of any and all covenants, deed restrictions, or other property use limitations on the property shall be set forth, together with the volume and page where such language is recorded. (Ord. 2889 § 1, 2004).

19.68.080 Appeals.

(1) Any person aggrieved by the decision of the community development director under LMC 19.68.050 may appeal the decision to the appeal board of adjustment in a manner described in Chapter 19.12 LMC.

(2) Appeals shall be submitted to the community development department in writing within 14 calendar days following the date of mailing the decision to the applicant. (Ord. 2889 § 1, 2004).