Chapter 15.230 PROPERTY CONSOLIDATIONS AND PROPERTY LINE ADJUSTMENTS

Chapter 15.230
PROPERTY CONSOLIDATIONS AND PROPERTY LINE ADJUSTMENTS

Sections:

15.230.010 Property consolidations.

A. Consolidating Properties. An owner of abutting properties may consolidate them into a single lot through any of the following:

1. A deed restriction recorded with the Yamhill County recorder. The applicant shall file a copy of the recorded deed restriction with the director. The deed restriction shall state that the properties are to be considered one lot for planning and zoning purposes, and that the properties shall not be conveyed separately prior to their being divided in accordance with regulations of the city.

2. The plat vacation process as described in ORS 271.080 through 271.230.

3. The replat process as described in ORS 92.180 through 92.190.

4. A property line adjustment, subdivision plat or partition plat that effects the consolidation of the property.

B. Properties Considered Consolidated. In any of the following circumstances, adjacent properties shall be considered consolidated into a single lot for purposes of this code, whether or not any of the processes under subsection (A) of this section have occurred, and whether or not specifically requested by the owner.

1. The owner of both properties has constructed a structure over the property line separating the two properties.

2. A deed has been recorded conveying a portion of a property to an adjoining property owner, and either the purpose of the deed was to effect a property line adjustment, or the portion conveyed does not meet the minimum lot dimension standards of this code.

3. Vacated rights-of-way shall be considered a portion of the abutting property to which title was conveyed through the process.

4. A consolidation of properties was required as a condition of permit approval.

C. Restoring Consolidated Properties as Separate Lots. Properties that have been consolidated may not be restored as separate lots unless approved by the director. Properties consolidated through the partition, subdivision, vacation, or replat process may be restored only through the partition, subdivision, or replat process. The director may approve restoring other properties as separate lots through a Type I process, provided the following criteria are met:

1. The individual lots each meet the lot dimension standards of this code.

2. There are no structures within the yard setbacks of the property line separating the two lots.

3. Any permit condition or other circumstance that would have required the consolidation of the properties is no longer valid. [Ord. 2537, 11-6-00. Code 2001 § 151.235.]

15.230.020 Property line adjustments.

The following procedures apply to any property line adjustment:

A. The applicant shall file a Type I application on a form provided by the director. The application shall include a tentative property line adjustment plan meeting the requirements for a tentative partition plan, as set forth in NMC 15.235.040(B), and such other material as required by the director.

B. The director may approve, approve with conditions, or deny the application based on the following criteria:

1. The property line adjustment does not create more lots than existed prior to the adjustment.

2. The adjustment does not create any substandard condition relative to this code, including lot area, lot width, setbacks, and access. If any of the original lots do not meet these standards, the adjusted lots may remain nonconforming, provided:

a. The adjustment cannot reasonably or practically bring the lots into conformity.

b. The adjustment does not worsen the nonconforming status of the lots.

C. Following approval of the property line adjustment, the applicant shall:

1. File deeds with the county recorder conforming to the approved property line adjustment and ORS 92.190.

2. File a survey with the county surveyor of the adjusted property line(s). Exceptions to this requirement are:

a. Where all parcels affected are greater than 10 acres; or

b. Where the adjustment relocates a common boundary of lots in a subdivision or a parcels in a partition a distance of even width along the common boundary.

3. File a copy of the recorded deeds and survey with the director. [Ord. 2537, 11-6-00. Code 2001 § 151.236.]