Chapter 17.140
LAND DIVISION – LAND PARTITIONING – LOT LINE ADJUSTMENT Amended Ord. 3305
Sections:
17.140.020 Partition or lot line adjustment required.
17.140.030 Administration and approval process.
17.140.035 Expiration of approval – Standards for extension of time. Amended Ord. 3305
17.140.040 Partition approval criteria.
17.140.050 Special provisions for lots created through partition process.
17.140.055 Creation of flag lot.
17.140.060 Lot line adjustments – Approval standards.
17.140.070 Preliminary application submission requirements.
17.140.080 Final submission requirements – Partition.
17.140.085 Final submittal requirements – Lot line adjustment.
17.140.090 Additional information required and waiver of requirements.
17.140.100 City acceptance of dedicated land.
17.140.110 Centerline monumentation – Monument box requirements.
17.140.120 Recording of partitions – Lot line adjustments.
17.140.130 Variances to standards.
17.140.010 Purpose.
The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions and lot line adjustments. (Ord. 2875 § 1.172.010, 2003)
17.140.020 Partition or lot line adjustment required.
(1) A land partition review is required when a division of land creates a street or road, within one calendar year.
(2) A land partition review is required when two or three lots are created with or without the creation of a street or road, within one calendar year.
(3) A lot line adjustment review is required where any adjustment to a property line by the relocation of a common boundary is requested. (Ord. 2875 § 1.172.020, 2003)
17.140.030 Administration and approval process.
(1) The applicant of a partition or lot line adjustment proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) Any application for a land partition or lot line adjustment shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivision and Partitions.*
(3) No lot or parcel to be created through the partitioning process shall be sold until approval and filing of the final partition plat.
(4) When partitioning tracts into large parcels, the director shall require that the parcels be of such size and shape to facilitate future repartitioning of such parcels in accordance with the requirements of the comprehensive plan and the zoning district and this code. Also, a redevelopment plat is required to be approved by the director and applied to any building permit issued.
(5) The applicant is required to meet with the director for a preapplication conference in accordance with SHMC 17.24.040:
(a) Another preapplication conference is required if an application is submitted more than six months after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria, or requirements of the applications.
(6) The director shall approve, approve with conditions or deny an application. The director shall apply the standards set forth in SHMC 17.140.040 when reviewing an application for a partition or the standards in SHMC 17.140.060 when reviewing an application for a lot line adjustment. When in conflict with other portions of this code, this chapter shall prevail.
(7) The decision of the director may be appealed in accordance with SHMC 17.24.310(1).* (Ord. 2875 § 1.172.030, 2003)
* Except for expedited land division applications.
17.140.035 Expiration of approval – Standards for extension of time. Amended Ord. 3305
(1) The partition or lot line adjustment approval by the director shall be effective for a period of 12 months from the date of approval.
(2) The partition or lot line adjustment approval by the director shall lapse if:
(a) The partition or lot line adjustment has been improperly recorded with Columbia County without the satisfactory completion of all conditions attached to the approval; or
(b) The final recording is a departure from the approved plan.
(3) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months; provided, that:
(a) No changes are made on the original plan as approved by the director;
(b) The applicant can show intent of recording the approved partition or lot line adjustment within the extension period; and
(c) There have been no changes in the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(4) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed as provided by SHMC 17.24.310(1).* (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.172.035, 2003)
* Except for expedited land division applications.
17.140.040 Partition approval criteria.
A request to partition land shall meet all of the following criteria:
(1) The proposal conforms with the city’s comprehensive plan;
(2) The proposed partition complies with all statutory and ordinance requirements and regulations;
(3) Adequate public facilities are available to serve the proposal (to address transportation facilities in this regard, a traffic impact analysis shall be prepared, as applicable, pursuant to Chapter 17.156 SHMC);
(4) All proposed lots conform to the size and dimensional requirements of this code; and
(5) All proposed improvements meet city and applicable agency standards. (Ord. 3150 § 3 (Att. B), 2011; Ord. 2875 § 1.172.040, 2003)
17.140.050 Special provisions for lots created through partition process.
(1) Lot Dimensions. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and:
(a) No lot shall be dimensioned to contain part of an existing or proposed public right-of-way;
(b) The depth of all lots shall not exceed two and one-half times the average width, unless the parcel is less than one and one-half times the minimum lot size of the applicable zoning district; and
(c) Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed.
(2) Through Lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and:
(a) A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and
(b) All through lots shall provide the required front yard setback on each street.
(3) Large Lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the approving authority may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size, and:
(a) The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities.
(4) Fire Protection. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities.
(5) Reciprocal Easements. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map.
(6) Accessway. Any accessway shall comply with the standards set forth in Chapter 17.84 SHMC, Access, Egress, and Circulation.
(7) The streets and roads are laid out so as to conform to the plats of subdivisions and maps of partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern. (Ord. 2875 § 1.172.050, 2003)
17.140.055 Creation of flag lot.
(1) Provisions of this section on flag lots shall apply to the creation or future use of flag lots whether created herewithin or by other land division rules.
(2) The creation of flag lots is permitted only in the R-5, AR, MU, and MHR residential zones.
(3) The following standards shall apply to flag lots:
(a) Flag lots shall have access to a public or private street;
(b) The “flag” portion of a flag lot must meet standards for size and area per underlying zone requirements;
(c) There shall not be a front lot line. The applicant may choose the front lot line at the time of lot creation and all other definitions shall follow that choice;
(d) The principal dwelling(s) must have a minimum of 10-foot setback from all property lines;
(e) Dwellings on flag lots will increase the setback by 25 percent for each five feet of building height over 15 feet;
(f) Building orientation for a future principal building shall be such as to comply with solar access and to allow maximum separation and privacy from existing and future dwellings on adjacent lots; and
(g) A minimum six-foot landscaping buffer (see SHMC 17.72.080 for standards) shall be on all sides of “flag” and three-foot landscape buffer on both sides of “flag pole.” (Ord. 2875 § 1.172.055, 2003)
17.140.060 Lot line adjustments – Approval standards.
(1) The director shall approve or deny a request for a lot line adjustment in writing based on findings that the criteria stated are satisfied as follows:
(a) An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district;
(b) By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district;
(c) The resulting parcels are in conformity with the dimensional standards of the zoning district; and
(d) The lots involved were legally created.
(2) The provisions of SHMC 17.140.050 shall also apply to lot line adjustments. (Ord. 2875 § 1.172.060, 2003)
17.140.070 Preliminary application submission requirements.
(1) All applications for partitions and lot line adjustments shall be made on forms provided by the director and shall be accompanied by:
(a) Copies of the preliminary partition map or lot line adjustment map (number of copies determined at preapplication conference) and necessary data or narrative; and
(b) The required fee.
(2) The preliminary partition map and necessary data or narrative shall include the following:
(a) The name(s), addresses, and phone numbers of the following:
(i) The owner(s) of the subject parcel;
(ii) The owner(s)’ authorized agent (if applicable); and
(iii) The land surveyor and engineer (if applicable);
(b) The map scale, north arrow, and date;
(c) Sufficient description to define the location and boundaries of the proposed area to be partitioned or adjusted;
(d) The scale shall be an engineering scale sufficient to show the details of the plan and related data;
(e) The location, width and names of streets or other public ways and easements within and adjacent to the proposed partition;
(f) Other important features, to include:
(i) The location of all permanent buildings on and within 25 feet of all property lines;
(ii) The location and width of all watercourses;
(iii) Any trees having a six-inch caliper or greater at four feet above ground level;
(iv) All slopes greater than 25 percent; and
(v) The location of existing utilities and utility easements;
(g) In the case of a land partition creating a street, the applicant shall include the proposed right-of-way location and width, and a scaled cross-section of the proposed street (to include any reserve strip);
(h) Any deed restrictions that apply to the existing lot; and
(i) Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition will not preclude the efficient division of land in the future.
(3) The preliminary partition plat or lot line adjustment map shall be as accurate as possible to ensure proper review by affected agencies.
(4) Upon receipt of an application, the director shall review it for compliance with the requirements for submittal (see subsections (1) and (2) of this section). If the application is found to be incomplete, the director shall within 30 days notify the applicant of the reasons therefor and advise the applicant of the requirements for an acceptable application.*
(5) Upon acceptance of a complete application, the director shall transmit copies of the preliminary land partition application or lot line adjustment map to the city engineering department and building division as well as other potentially affected agencies where necessary.
(6) The director shall review the proposal for compliance with the provisions of this code and coordinate the review conducted by affected city agencies and applicable districts for compliance with applicable regulations.
(7) The director shall review the proposed lot line adjustment for compliance with the provisions of this code, and shall issue a decision to owners of the involved parcels, abutting property owners, and affected service providing agencies with regard to the compliance of the application with respect to all applicable approval criteria. If the director believes that existing utilities may be affected by the proposed adjustment, the director may defer making a decision on the application until the affected service providing agencies have been given an opportunity to review and comment upon the proposal. In addition, an affected agency may request an amended decision within 10 days of the issuance of a decision for which comments were not requested, if the agency finds that utilities may be affected by the proposed adjustment.
(8) Following the review of the land partition or lot line adjustment by the applicable agencies, the applicant will be advised of the status of the proposal and of any additional information which shall be required prior to the filing of a final land partition plat or lot line adjustment map and shall be notified of conditions to be attached to the approval. (Ord. 2875 § 1.172.070, 2003)
* Except for expedited land division applications.
17.140.080 Final submission requirements – Partition.
The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050) and by Columbia County and shall include the following:
(1) Sheet sizes for the final partition map shall be drawn on paper that is eight and one-half inches by 11 inches, 11 inches by 17 inches or 18 inches by 24 inches in size (if 18 inches by 24 inches, then one copy must be on reducible paper);
(2) The scale of the map shall be an engineering scale;
(3) The name and address of the following:
(a) The owner(s) of the subject parcel;
(b) The owner(s)’ authorized agent; and
(c) The land surveyor and engineer;
(4) The assessor’s map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned;
(5) The map scale, north arrow, and date;
(6) Dimensions and legal descriptions of the parent parcel and all proposed parcels;
(7) Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site;
(8) The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition;
(9) In the case of a land partition creating a street, the applicant shall include the proposed right-of-way location and width, and a scaled cross-section of the proposed street (to include any reserve strip);
(10) Any deed restrictions that apply to the existing lot; and
(11) Signature blocks for city approval and acceptance of public easements and rights-of-way. (Ord. 2875 § 1.172.080, 2003)
17.140.085 Final submittal requirements – Lot line adjustment.
The lot line adjustment survey map and data or narrative shall include the following:
(1) Sheet sizes for the final map shall be drawn on paper that is eight and one-half inches by 11 inches, 11 inches by 17 inches or 18 inches by 24 inches in size (if 18 inches by 24 inches, then one copy must be on reducible paper);
(2) The scale of the map shall be an engineering scale;
(3) The name and address of the following:
(a) The owner(s) of the subject parcel;
(b) The owner’s authorized agent; and
(c) The land surveyor and engineer;
(4) The map scale, north arrow, and date;
(5) Dimensions and parcel sizes of both the original parcels and adjusted parcels;
(6) Boundary lines of parcels abutting the parcels;
(7) The locations, width and names of streets or other public ways and easements within and adjacent to the subject parcels;
(8) Any deed restrictions that apply to the parcels; and
(9) Signature blocks for city approval and acceptance of public easements and rights-of-way. (Ord. 2875 § 1.172.085, 2003)
17.140.090 Additional information required and waiver of requirements.
(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080(1).
(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2) and (3). (Ord. 2875 § 1.172.090, 2003)
17.140.100 City acceptance of dedicated land.
(1) The city council may accept the proposed right-of-way dedication prior to recording a land partition or lot line adjustment.
(2) The city engineer shall accept all public easements shown for dedication on partition plats or lot line adjustment maps. (Ord. 2875 § 1.172.100, 2003)
17.140.110 Centerline monumentation – Monument box requirements.
(1) Centerline Monumentation for all Partitions. The centerlines of all street and roadway rights-of-way shall be monumented as prescribed in ORS 92.060(2) before city acceptance of street improvements under the following specifications:
(a) Centerline monuments are required to have monument boxes conforming to city standards set for those monuments within the pavement area; and
(b) The tops of all monument boxes shall be set to finished pavement grade. (Ord. 2875 § 1.172.110, 2003)
17.140.120 Recording of partitions – Lot line adjustments.
(1) Upon the director’s approval of the proposed submitted final partition plat or lot line adjustment and the city council’s acceptance of any dedicated land to the city, the applicant shall record the partition plat or lot line adjustment survey map with Columbia County and submit the recordation numbers to the city, to be incorporated into the record. Final plats must be recorded within 90 days after all required signatures are obtained.
(2) The applicant shall submit a recorded reproducible copy of the final partition plat or lot line adjustment survey map to the city within 15 days of recording, or notify the city engineering division of the county survey number. (Ord. 2875 § 1.172.120, 2003)
17.140.130 Variances to standards.
An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 17.108 SHMC, Variance. (Ord. 2875 § 1.172.130, 2003)