Chapter 17.30
BOUNDARY LINE ADJUSTMENTS
Sections:
17.30.020 Type of application.
17.30.030 Application submittal requirements.
17.30.010 Purpose.
A. The purpose of this section is to provide for the review and approval of adjustments to boundary lines of existing lots of record which do not create any additional lot, tract, parcel, site or division.
B. A boundary line adjustment may not result in actions requiring the replat, amendment, alteration, or vacation of a plat or short subdivision, and must be consistent with all applicable zoning, health, building and engineering regulations. In general, a boundary line adjustment purpose applies to minor boundary changes, correct a controversy regarding the location of a lot line, remedy property use constraints caused by adverse topographical features, consolidate previously platted lots into a single or fewer parcels, or other similar circumstances. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.30.020 Type of application.
A. A boundary line adjustment is a Type I application, and shall be processed as set forth in Title 19.
B. Boundary line adjustments and lot consolidations may also be accomplished as part of a plat or short plat. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.30.030 Application submittal requirements.
An applicant shall submit a complete boundary line adjustment application to the city. A complete application for the purposes of this chapter shall consist of the following:
A. Completed application form(s) per city requirements.
B. The required application fee.
C. Clean and legible drawings suitable for recording showing the following:
1. A map at a scale of not less than one inch to fifty feet which depicts the existing property configuration, including all lot lines, dimensions and lot area.
2. A map at a scale of not less than one inch to fifty feet which depicts the proposed property configuration, including all lot lines, dimensions and lot area.
3. The location and dimensions of all structures/improvements existing upon the affected lots and the distance between such structures/improvements and the existing and proposed boundary lines.
4. The location and dimensions of any easements within or adjacent to the affected lots.
5. The location, dimensions and names of all existing or platted street rights-of-way, whether public or private, within or adjacent to the affected lots.
6. The location of all existing and proposed water, sewer and storm drainage facilities, on-site wastewater disposal systems, drainfields, and wells.
7. The location of access to all affected lots.
8. A north arrow and bar scale.
D. The original legal descriptions of all affected properties, together with new separate legal descriptions for each parcel resulting from the adjustment.
E. Drawings of the original lot configuration of all affected properties, together with new drawing of adjusted lot configuration(s).
F. All drawings and legal descriptions are required to be prepared, stamped and dated by a licensed land surveyor as set forth in Section 17.80.080.
G. A copy of any covenants, conditions and restrictions (CCRs), deed restrictions, concomitant agreements, easements, or development agreements pertaining to the affected properties.
H. If an existing on-site sewage (septic tank) disposal system and/or well will continue to be used on an affected property after the boundary line adjustment, and/or if a new on-site sewage disposal system or well is proposed for an affected property where city code does not require connection to the city’s municipal sewer and/or water system, the applicant shall provide written verification from the Kitsap Public Health District that the proposed lot is adequate to accommodate an on-site sewage disposal system and/or well. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.30.040 Decision criteria.
The review authority may approve an application for a boundary line adjustment provided the following criteria are met:
A. The boundary line adjustment shall not result in the creation of any additional lot, tract, parcel, site, or division.
B. The lots or parcels resulting after the boundary line adjustment shall meet all dimensional requirements specified for the applicable zone as set forth in Title 18, Zoning.
1. Boundary line adjustments in residentially zoned property must meet the requirements of minimum and maximum lot sizes, as set forth in Section 18.70.040, Table 18.70.050 or Table 18.70.060.
a. In the RL zoning district, when adjusting lots through this section, lots may exceed the maximum lot size if it is a minimum fifteen thousand square feet or larger, in order to be of sufficient size to be further subdivided in the future; and which no existing or future structure(s) is located in such a way as to prevent future subdivision that meets the city’s lot dimensional requirements. All other adjusted lots must meet the minimum/maximum lot size requirement.
C. No lot, use, or structure is made nonconforming or more nonconforming than that which existed at the time of application, and subject to the provisions of Chapter 18.160.
D. Will not diminish or impair existing or future drainage, water supply, sanitary sewage disposal (including on-site sewage disposal) or legal access.
E. Shall not be reconfigured or adjusted which would render access for vehicles, utilities, fire protection, or existing easements impractical to serve their purpose.
F. Shall not violate or be inconsistent with any conditions of approval for a previously filed land use action, subdivision, short plat, or binding site plan.
G. Shall not result in a lot having more than one land use designation and/or zoning; or result in being located partially within and partially outside any special overlay or master planned area.
H. Shall not result in a lot located partially within the city limits and partially within unincorporated Kitsap County.
I. Shall not result in a lot which would be so constrained by topography, critical areas or buffers, unusual shape, or other site conditions that a reasonable building site cannot be obtained except through a variance, reasonable use exemption from a critical areas permit, or other special exemption from the city’s zoning, land use or critical area regulations.
J. Shall not affect the boundaries of any lot, tract, parcel or division that is the subject of a current, unresolved city code enforcement action, code violation notice, or stop work notice; except as provided under circumstances where a boundary line adjustment provides an appropriate resolution. (Ord. 2020-10 § 2 (Exh. A § 5), 2020; Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.30.050 Recording.
A. Prior to recording, the applicant shall submit boundary line adjustment drawing(s) for approval and signatures by the planning and economic development (PED) director and city engineer.
B. All drawings and legal descriptions are required to be prepared, stamped and dated by a licensed surveyor as set forth in Section 17.80.080.
C. The city will record the boundary line adjustment drawing and all other legal documents.
D. A boundary line adjustment does not become effective until all documents are recorded with the Kitsap County auditor. The boundary line adjustment shall be recorded within one hundred eighty days of the notice of decision date or be null and void. The applicant shall be responsible for submitting all final documents for recording.
E. Within thirty days of the date the applicant submits all final documents, the city will record the boundary line adjustment drawing and all other legal documents. Recording fees shall be the responsibility of the applicant. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)