Chapter 19.54
PROPERTY LINE ADJUSTMENT
Sections:
19.54.030 Application, review, mapping, survey, modification and extension requirements.
19.54.040 Special review standards.
19.54.050 Comprehensive plan and zone boundary adjustment.
19.54.010 Purpose.
The purpose of this chapter is to establish uniform property line adjustment procedures by ensuring compliance with the rules and procedures of this title. It shall therefore be the requirement that no person, agent or corporation shall adjust or modify a property line for any lot or parcel unless the lot or parcel line is adjusted in conformance with the tentative and final map requirements of this title. The term “property line adjustment” shall have the meaning given in JCC 19.11.180 and ORS Chapter 92. [2005 RLDC § 54.010.]
19.54.020 Review authority.
The Director shall review and approve or deny property line adjustments using ministerial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 54.020.]
19.54.030 Application, review, mapping, survey, modification and extension requirements.
The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC (Basic Provisions) shall apply to property line adjustments:
A. Application procedures (JCC 19.50.030);
B. Land division review (JCC 19.50.040);
C. Tentative plan review standards (JCC 19.50.050(A));
D. Tentative plan map requirements (JCC 19.50.060);
E. Survey requirements (JCC 19.50.070);
F. Exclusion of contiguous property from maps (JCC 19.50.080);
G. Modifications (JCC 19.50.090);
H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 54.040.]
19.54.040 Special review standards.
In addition to the review standards contained in Division VII of this title (General Development Standards) and Division VIII of this title (Public Facility Standards), the tentative approval of property line adjustments shall comply with all of the following additional standards:
A. The property line adjustment will not result in the creation of a new parcel;
B. All lots or parcels involved in the property line adjustment shall conform to the minimum lot size for the applicable zone, except as authorized in subsection (C) of this section;
C. The adjustment of lines involving one or more nonconforming lots or parcels shall comply with the following rules:
1. No lot or parcel that conformed prior to the adjustment shall be made nonconforming after the adjustment; and
2. No lot or parcel that is nonconforming prior to the adjustment may be reduced to a size that is smaller than the smallest nonconforming lot or parcel existing prior to the adjustment;
D. The property line adjustment will not conflict with any public or private easement. [2005 RLDC § 54.050.]
19.54.050 Comprehensive plan and zone boundary adjustment.
A. The Director is authorized to adjust a comprehensive plan and/or zone boundary without requiring a comprehensive plan and/or zone change application if all of the following standards are satisfied:
1. The boundary is moved in conjunction with an approved property line adjustment;
2. The adjustment does not create potential additional residential lots or parcels as a result of moving the zone boundary;
3. The adjustment does not create the potential for new commercial or industrial uses; and
4. The adjustment will not require an exception to statewide planning goals.
B. The application shall be reviewed using ministerial review procedures as set forth in Chapter 19.22 JCC. This review shall be concurrent with the review for the property line adjustment.
C. A request for a comprehensive plan and/or zone boundary adjustment shall not be approved if the supporting property line adjustment is not approved or the final plat is not completed and recorded. [2005 RLDC § 54.100.]