Chapter 19.30
BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATION*

Sections:

19.30.010    Purpose.

19.30.020    Applicability.

19.30.030    Approval process.

19.30.035    Appeals.

19.30.040    Lot consolidation.

*Prior ordinance history: Ord. 1041.

19.30.010 Purpose.

The purpose of this section is to provide a method for summary approval of boundary line adjustments and lot consolidations which do not create any additional lot, tract, parcel, site or division, while ensuring that such boundary line adjustment satisfies public concerns of health, safety and welfare. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.30.020 Applicability.

This section applies to all adjustments to property lines, including consolidation of lots. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.30.030 Approval process.

A.    Boundary line adjustment applications and lot consolidation applications shall be submitted on the forms supplied and in the number of copies prescribed by the department of community and economic development along with applicable application fees. Each boundary line adjustment and/or lot consolidation application shall be accompanied by a declaration of boundary line adjustment and/or declaration of parcel combination. Each application shall include the following:

1.    A legible map, drawn to an appropriate decimal scale on a minimum eighteen-inch by twenty-four-inch sheet of paper, showing:

a.    The dimensions of the existing property/properties involved;

b.    The location of any improvements (structures, septic system, etc.);

c.    Location and setback of all retained structures from all proposed property lines;

d.    Location and width of all abutting street and alley rights-of-way (public and private);

e.    The location and dimension of any access or utility easements;

f.    The dimensions of the proposed new lot lines;

g.    North arrow;

h.    Legal description of the existing lots, certified or prepared by a title company or licensed land surveyor;

i.    Legal description of the proposed lots, certified or prepared by a title company or licensed land surveyor;

j.    Any other information required by the application form;

2.    The signature of all parties having any ownership interest in the lands affected by the boundary line adjustment, indicating that the boundary line adjustment is made with free consent and in accordance with their desires. For purposes of this section, “ownership interest” shall include legal and equitable property interests, including, but not limited to, present, future, contingent or whole fee interests, together with a beneficiary’s interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property;

3.    A current title report produced no more than forty-five calendar days prior to boundary line adjustment application, or other documentation as approved by the department of community and economic development, which documents ownership, title and encumbrances;

4.    A copy of the existing legal description for both parcels;

5.    Fees as required by Section 3.01.010; and

6.    A metes and bounds description of the proposed new lots if other than a platted lot.

B.    The department of community and economic development shall give approval to the applicant if it finds that:

1.    No new lots are created;

2.    Each parcel as proposed meets the minimum lot standards of the zoning district;

3.    The boundary line adjustment will not adversely affect easements or drainfields, and lots shall have legal access meeting the standards of the city of Shelton;

4.    The boundary line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, or short subdivision;

5.    The boundary line adjustment shall not create any additional nonconformities on the parcels in question (such as: structural setbacks, lot coverage limitations, on-site parking requirements, isolation of utility connections to existing structures to remain);

6.    The boundary line adjustment meets the requirements of other applicable sections of the Shelton Municipal Code; and

7.    The public interest will be served by the boundary line adjustment.

C.    A boundary line adjustment does not become effective until it and the appropriate deeds defining the full and complete legal description of the new boundaries of the adjusted lots are filed for record with the auditor of Mason County. The applicant shall submit the approved map and new legal descriptions to the city for recording. The recording of a boundary line adjustment does not constitute a transfer of title. If the title to an area of land is changing ownership, separate deeds to this effect must be recorded with the Mason County auditor’s office. No boundary line adjustment map shall be filed with the county auditor until the county treasurer has certified that all delinquent taxes and assessments on the property and all taxes and assessments on the property that have been levied and are payable have been paid as of the date of filing.

D.    The approval of a boundary line adjustment shall not be a guarantee that future permits will be granted for any structures or development within a lot affected by the boundary line adjustment. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.30.035 Appeals.

The applicant or other individual or entity with standing may appeal the decision of the director of community and economic development to the city of Shelton hearings examiner within fourteen days of the date of written decision pursuant to Chapter 2.36. The city of Shelton hearings examiner shall decide the appeal without a public hearing and according to Section 2.36.220. All appeals must be received in writing by the director of community and economic development and contain narrative which specifically cites the item or items being appealed, and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.30.040 Lot consolidation.

A consolidation of lots shall proceed through the same process as outlined for boundary line adjustments described in this chapter with the exception that lot consolidation maps may be submitted on an eight-and-one-half-inch by fourteen-inch sized drawing. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)