Chapter 16.112
BOUNDARY LINE ADJUSTMENTS
Sections:
16.112.010 Purpose.
The purpose of this chapter is to provide rules and criteria governing approval of minor boundary adjustments between or among two or more legal lots to ensure that the newly reconfigured lots meet applicable dimensional standards. (Ord. 06-07 § 2 (part), 2006)
16.112.020 Applicability.
This chapter applies to all adjustments to property lines. (Ord. 06-07 § 2 (part), 2006)
16.112.030 Approval process.
A. Decision-Making Process. Boundary adjustments shall be reviewed by means of a Type I procedure.
B. Time Limit for Recording. A legal description of the newly configured lots approved by the planning director shall be recorded with the Clark County auditor within ninety days of the date of the written decision, unless a longer time period is specified in the decision.
C. Extension. By means of a Type I procedure, the applicant may request an extension of the recording date for a period not to exceed one year; provided, that no changes are made from the original approval.
D. Applicants shall submit the following documentation as part of a request for a boundary adjustment compliance check:
1. Completed application form.
2. Site plan. Site plans drawn to scale clearly showing the following:
a. The dimensions of the existing property/properties involved.
b. The location of any improvements (structures, septic system, etc.).
c. The location and dimension of any access or utility easements.
d. The dimensions of the proposed new lots.
e. North arrow.
f. Zoning of each involved property.
g. Dashed, labeled line identifying building envelopes for newly defined lots.
3. Quarter section map. Copies of the quarter section map with the properties highlighted. (This can be obtained from the Clark County assessor’s office.)
4. Recorded deed. Copies of all property owners’ recorded deeds, verifying current ownership.
5. Sales history. Complete sales history of all parcels since 1969. Sales history is comprised of copies of all deeds or real estate contracts showing previous owners or divisions for the properties involved. It is used to verify the legal creation of the parcel and is available from either a title company or the Clark County assessor’s office. This is not required if the request involves lots within a subdivision which have not been altered or further divided.
6. Written narrative. Narrative indicating the intent and the purpose of the request. The letter should also include information that may be helpful in evaluating the request.
7. Existing conditions or related development restrictions. Copies of existing conditions of approval, covenants, restrictions and/or easements.
8. Application fee.
9. Signatures of authorized parties. Signatures of all property owners authorizing the proposed adjustment of their property lines.
E. Approval Criteria. The planning official shall approve, approve with conditions or deny a request for a boundary adjustment in writing based on findings addressing all of the following criteria:
1. No additional parcel(s) shall be created by the boundary adjustment;
2. The lot and location of any structure(s) on the lots shall comply with the minimum density, dimensional and area requirements of the zoning district, unless a variance is sought in conjunction with the request per the requirements of Chapter 17.149 BGMC, except that one lot may exceed the maximum lot area of the district; and
3. Legal access shall be provided to each of the lots.
F. Exemptions from Dedications. A boundary adjustment is not considered a development action for purposes of determining whether a dedication or improvement is required.
G. Minor Deviations. The intent of this subsection is to provide for flexibility in the approval of lot line adjustments by permitting minor deviations to be administratively granted by the director. It is not the intent of this subsection to permit deviations from approved lot line adjustments which violate the intent and purpose of the approval or any of its conditions. The director may authorize a minor deviation from the approved lot line adjustment.
1. Definition of Minor Deviation. A minor deviation from an approved lot line adjustment includes an increase or decrease of less than ten percent of the gross area being adjusted.
2. Decision Is Final. The director’s decision shall be final and not appealable; provided, however, that the denial by the director of a request for a minor deviation shall not prevent the applicant from applying for a new or modified lot line adjustment. (Ord. 21-10 § 1, 2021; Ord. 19-23 § 1, 2019: Ord. 15-04 § 18, 2015: Ord. 06-07 § 2 (part), 2006)