Chapter 16.20
LOT LINE ADJUSTMENTS
Sections:
16.20.010 Purpose/applicability.
16.20.030 Application process.
16.20.040 Review and action by planning director.
16.20.050 Recording of approved lot line adjustment.
16.20.060 Penalty for violation.
16.20.010 Purpose/applicability.
A. Whenever the owner(s) of abutting lots desire to adjust the boundary lines between them, they shall be required to apply for and obtain approval of a lot line adjustment as provided in this chapter.
B. When all of the affected property owners are in agreement, the alteration of lot lines between platted or unplatted lots, or both, should be a straightforward administrative process that results in improved configurations of lots. The adjustment of lot lines should lead to:
1. Lots better configured to meet zoning setback requirements;
2. Lots with adequate access; and
3. The consolidation of existing nonconforming lots, or parts of existing lots, to create conforming lots.
C. Lot line adjustments may not:
1. Create new or additional lots, tracts, parcels, or divisions. Lots that have been created solely for tax purposes shall not be considered to be existing lots;
2. Create new or additional building sites. “New or additional building site” means that sufficient buildable area is created on which to build an additional structure that could not have been built without the lot line adjustment, consistent with a permitted use for the zoning district, after all relevant setbacks and buffers are applied to the lot. Existing lots that do not have sufficient buildable areas shall not be counted as existing building sites;
3. Create substandard lots as to lot size and dimension;
4. Render an existing structure as nonconforming in any respect, nor increase the nonconformity of an existing nonconforming structure or lot; or
5. Jeopardize or render impractical existing easements so they cannot serve the purpose they were intended to provide. (Ord. 1079 § 2 (part), 2003)
16.20.020 Criteria.
A. If access to lots subject to a lot line adjustment application requires the creation of new streets or private roads; requires dedication of public right-of-way or creation of access easements; or requires improvements to existing streets or private roads in order to meet current development standards, then the lot line adjustment application shall be rejected. A lot line adjustment is not the appropriate mechanism to reconfigure lots if new or improved infrastructures are needed to serve the revised lot configuration.
B. The orientation of existing developed parcels shall be preserved such that a front yard remains a front yard, side yards as side yards, and a rear yard as a rear yard.
C. Lots that are reconfigured through the lot line adjustment process shall be designed in such a manner that there is sufficient area to construct all proposed structures, driveways, roads, parking areas and/or yards without encroaching on a critical area, buffer or any setback required to meet current code.
D. No lot line adjustment shall be approved where the adjustment will result in a violation of a city or state code. (Ord. 1079 § 2 (part), 2003)
16.20.030 Application process.
A. All applications and submittals shall follow the process described in Chapter 17.13, Project Permit Review Procedures.
B. Submittal Standards.
1. A lot line adjustment map shall be a record of survey prepared, signed, and sealed by a professional land surveyor licensed in the state of Washington prepared in accordance with the requirements of Chapter 58.09 RCW, Surveys—Recording, and WAC 332-130-050, Survey map requirements.
2. The final lot line adjustment map shall be in a form acceptable for recording by the Snohomish County auditor’s office.
3. Lot line adjustment applications, maps and submittals shall include all of the information described on the lot line adjustment application approved by the planning director. (Ord. 1079 § 2 (part), 2003)
16.20.040 Review and action by planning director.
The planning director or his/her designee shall review and approve the application if all of the requirements of this chapter have been met. The planning director or his/her designee shall prepare a written decision with supporting facts and reasons within one hundred twenty days of receipt of a complete application. If the application does not meet the requirements of this chapter, the application shall be sent back to the applicant for revisions or rejected. Any period during which the applicant has been requested by the city to revise or correct plans, perform required studies, or provide additional information shall be excluded from the determination of the number of days that have elapsed after receipt of a complete application. If the lot line adjustment is consolidated with one or more permits subject to Section 17.13.060(F), the timing of lot alteration review shall be subject to Section 17.13.080. (Ord. 1079 § 2 (part), 2003)
16.20.050 Recording of approved lot line adjustment.
A. Upon approval of a lot line adjustment, the city shall record the lot line adjustment with the county auditor. Recording fees shall be paid by the applicant.
B. A lot line adjustment approved by the planning director shall be recorded with the county auditor within sixty days after the approval date. An extension of up to an additional sixty days may be granted by the planning director or his/her designee upon a showing by the applicant of reasonable cause. (Ord. 1079 § 2 (part), 2003)
16.20.060 Penalty for violation.
Any person, firm, corporation, or association that violates any provision of this chapter by recording any instrument adjusting boundaries without first obtaining a lot line adjustment approval from the city, or by selling, offering for sale, leasing, or transferring any lot tract or parcel of land whose boundaries have been adjusted without first obtaining a lot line adjustment approval from the city, is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.32 of this code. Each tract or parcel of land in violation of any provision of this title is a separate and distinct offense. (Ord. 1083 § 21, 2003: Ord. 1079 § 2 (part), 2003)
16.20.070 Appeals.
Parties of record may appeal the decision by the planning director following the procedures described in Section 17.13.090, Appeals. (Ord. 1079 § 2 (part), 2003)
16.20.080 Conflict.
The regulations listed in this chapter are not intended to interfere with, or abrogate, any other city ordinance, rule or regulation, statute or other provision of law. Where any provision of the regulations listed in this chapter imposes restrictions different from those imposed by any other provisions of the regulations listed in this chapter, or any other city ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Ord. 1079 § 2 (part), 2003)
16.20.090 City not liable.
A. Notwithstanding any language used in this chapter and enacted in this chapter or in previous chapters, it is not the intent of this chapter to create a duty and/or cause of action running to any individual or identifiable person but rather any duty is intended to run only to the general public.
B. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or a group of persons who will or should be especially protected or benefited by the terms of this chapter.
C. It is the specific intent of this chapter that no provision or term used in this code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this code is discretionary and not mandatory.
D. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a plat to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this title, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1079 § 2 (part), 2003)