The purpose of this chapter is to provide rules, regulations and standards governing approval of property line adjustments and re-establishment of property lines for lots of record for tax segregation purposes. A property line adjustment is any adjustment to a property line by the relocation of a common boundary where an additional parcel of land is not created.

(Ord. 415 § 7.150.010, 2002)

A.

The applicant for property line adjustment proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

The Planning Director shall approve, approve with conditions or deny a request for a property line adjustment or re-establishment in writing based on findings that the criteria stated are satisfied as follows (Ord 432* § 1, 2004):

1.

An additional parcel is not created by the property line adjustment,

(Ord. 432 § 1, 2004; Ord. 435a § 1, 2004)

2.

Existing structure(s) and improvements on the lot or parcel reduced by the property line adjustment shall satisfy the requirements of the Aurora Municipal Code, and no reduction in improvements required in the site development or conditional use processes shall result: (Ord. 432* § 1, 2004; Ord. 435a § 1, 2004)

3.

The resulting parcels are in conformity with the requirements of the zoning district, except where an existing lot of record does not satisfy the minimum square footage, minimum lot width or minimum lot depth standards for the zone, a property line adjustment may be permitted provided all other criteria are satisfied and the adjusted lots do not increase the nonconformance.

(Ord. 432* § 1, 2004; Ord. 435a § 1, 2004)

4.

A property line adjustment is not considered a development action for purposes of determining whether floodplain, greenway or right-of-way dedication may be required. (Ord. 432* § 1, 2004; Ord. 435a § 1, 2004)

C.

The Planning Director shall mail notice of the tentative plan property line adjustment approval to the owners of the property involved in the proposal and to the owners of abutting properties.

D.

The decision of the Planning Director may be appealed to the Planning Commission.

(Ord. 435 § 1, 2004; Ord 415 § 7.150.020, 2002)

A.

All applications shall be made on forms provided by the city and shall be accompanied by copies of the tentative property line adjustment map and necessary data or narrative.

B.

The tentative property line adjustment map and necessary data or narrative shall include the following:

1.

Name of the owner(s) of the subject parcel;

2.

Name of the owner(s) authorized agent (if applicable);

3.

The map scale, north arrow and date;

4.

Sufficient description to define the location and boundaries of the proposed area to be adjusted;

5.

The scale for the tentative property line adjustment map shall be an engineering scale sufficient to show the details of the plan and related data;

6.

The location, width and names of streets or other public ways and easements within and adjacent to the proposed property line adjustment;

7.

The location of all permanent buildings on and within twenty-five (25) feet of all affected property lines;

8.

The location and width of all water courses;

9.

All slopes greater than twelve (12) percent;

10.

The location of existing utilities and utility easements;

11.

Any deed restrictions that apply to the existing lot;

12.

Legal descriptions for existing parcels; and

13.

The applicable county assessor map.

C.

The tentative property line adjustment map shall be as accurate as possible to ensure proper review by affected agencies.

D.

Within thirty (30) days of receipt of an application, the Planning Director shall review it for compliance with the requirements for submittal and notify the applicant if the application is found to be incomplete.

E.

Upon acceptance of a complete application, the Planning Director shall transmit copies of the tentative property line adjustment map to the city engineer and public works as well as other potentially affected agencies where necessary.

F.

The Planning Director shall review the proposal for compliance with the provisions of this title and coordinate the review conducted by affected agencies and applicable districts for compliance with applicable regulations. If the Planning Director believes that existing utilities may be affected by the proposed adjustment, the Planning 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 ten (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.

G.

The Planning Director shall review the proposed property line adjustment for compliance with the provisions of this title, 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 and including any conditions of approval to be completed prior to approval of the final property line adjustment map.

(Ord. 415 § 7.150.030, 2002)

A.

All final applications for property line adjustments shall be on forms provided by the city and shall be accompanied by a copy of the final property line adjustment map prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative.

B.

The property line adjustment map and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050) and by Marion County and shall include the following:

1.

The final property line adjustment map must be eighteen (18) inches by twenty-four (24) inches and may be on vellum or Mylar;

2.

The scale of the map shall be an engineering scale approved by the county surveyor;

3.

Name of the owner(s) of the subject parcel;

4.

Name of the owner(s) authorized agent (if applicable);

5.

Name, address and phone number of the land surveyor;

6.

Dimensions and legal descriptions of the adjusted 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.

C.

The Planning Director shall approval the final property line adjustment map based on findings that:

1.

The final property line adjustment map substantially conforms to the approved tentative property line adjustment map; and

2.

All conditions of approval for the tentative property line adjustment have been satisfied.

(Ord. 415 § 7.150.040, 2002)

(Ord. 435a § 2, 2004)

A.

Within ten (10) days of the city review and approval of the final property line adjustment map, the applicant shall submit the final property line adjustment map to the county for recording.

B.

Within fifteen (15) days of recording with the county, the applicant shall submit to the city a full-size plain paper copy of the recorded property line adjustment map. No building permits shall be issued until the city has received this copy.

(Ord. 432* § 2, 2004; Ord. 415 § 7.150.050, 2002)

A.

The applicant shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

The Planning Director shall approve, approve with conditions or deny a request for a property line re-establishment in writing based on findings that the criteria stated are satisfied as follows:

1.

The lot(s) exist as a legal lot(s) of record;

2.

An additional lot or parcel is not created by the property line re-establishment;

3.

No amendments are made to previously created legal lot(s) of record;

4.

The applicant demonstrates that the lot is buildable and that such construction meets the setback requirements for the zone.

C.

The Planning Director shall mail notice of the approval to the owner of the property involved in the proposal.

D.

The decision of the Planning Director may be appealed to the Planning Commission.

(Ord. 415 § 7.150.060, 2002)

A.

All applications shall be made on forms provided by the City and shall be accompanied by a copy of the Marion County tax segregation/aggregation form, documentation of the legal creation of the lot and a drawing complying with subsection B below (Ord. 432* § 3, 2004; Ord. 435a § 1, 2004).

B.

The drawing shall include the following:

1.

Name of the owner(s) of the subject parcel;

2.

Name of the owner(s) authorized agent (if applicable);

3.

The map scale, north arrow and date;

4.

Sufficient description to define the location and boundaries of the lot lines being re-established;

5.

The scale shall be an engineering scale sufficient to show the details of the plan and related data;

6.

The location, width and names of streets or other public ways and easements within and adjacent to the property;

7.

The location of all permanent buildings on and within twenty-five (25) feet of all affected property lines;

8.

The location and width of all water courses;

9.

All slopes greater than twelve (12) percent;

10.

The location of existing utilities and utility easements;

11.

Any deed restrictions that apply to the existing lot;

12.

Legal descriptions for existing lot;

13.

The applicable county assessor map.

C.

The drawing shall be as accurate as possible to ensure proper review by affected agencies.

D.

Within thirty (30) days of receipt of an application, the Planning Director shall review it for compliance with the requirements for submittal and notify the applicant if the application is found to be incomplete.

E.

Upon acceptance of a complete application, the Planning Director shall transmit copies of the drawing to the city engineer and public works as well as other potentially affected agencies where necessary.

F.

The Planning Director shall review the proposal for compliance with the provisions of this title and coordinate the review conducted by affected agencies and applicable districts for compliance with applicable regulations. If the Planning Director believes that existing utilities may be affected by the proposal, the Planning 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 ten (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 proposal.

G.

The Planning Director shall review the application for compliance with the provisions of this title, and shall issue a decision to owners of the property and affected service providing agencies with regard to the compliance of the application with respect to all applicable approval criteria and including any conditions of approval to be completed prior to approval of the re-establishment.

(Ord. 432* § 3, 2004; Ord. 415 § 7.150.070, 2002)

The purpose of this chapter is to provide rules, regulations and standards governing approval of property line adjustments and re-establishment of property lines for lots of record for tax segregation purposes. A property line adjustment is any adjustment to a property lien by the relocation of a common boundary where an additional parcel of land is not created.

(Ord. 435a 1, 2004)

A.

The applicant for property line adjustment proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

The Planning Director shall approve, approve with conditions or deny a request for property line adjustment or re-establishment in writing based on findings that the criteria stated are satisfied as follows:

1.

An existing parcel is not created by the property line adjustment, and the existing parcel as reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district;

2.

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; and

3.

The resulting parcels are in conformity with the requirements of the zoning district.

4.

A property line adjustment is not considered a development action for purposes of determining whether floodplain, greenway or right-of-way dedication may be required.

C.

The Planning Director shall mail notice of the tentative plan property line adjustment approval to the owners of the property involved in the proposal and to the owners of abutting properties.

D.

The decision of the Planning Director may be appealed to the Planning Commission.

(Ord. 435 § 1, 2004)

A.

All applications shall be made on forms provided by the City and shall be accompanied by copies of the tentative property line adjustment map and necessary data or narrative.

B.

The tentative property line adjustment map and necessary data or narrative shall include the following:

1.

Name of the owner(s) of the subject parcel,

2.

Name of the owner(s) authorized agent (if applicable), and

3.

The map scale, north arrow and date;

4.

Sufficient description to define the location and boundaries of the proposed area to be adjusted;

5.

The scale for the tentative property line adjustment map shall be an engineering scale sufficient to show the details of the plan and related data;

6.

The location, width and names of streets or other public ways and easements within and adjacent to the proposed property line adjustment;

7.

The location of all permanent buildings on and within twenty-five (25) feet of all affected property lines;

8.

The location and width of all water courses;

9.

All slopes greater than twelve (12) percent; and

10.

The location of existing utilities and utility easements;

11.

Any deed restrictions that apply to the existing lot;

12.

Legal descriptions for existing parcels;

13.

The applicable County Assessor Map.

C.

The tentative property line adjustment map shall be as accurate as possible to ensure proper review by the affected agencies.

D.

Within thirty (30) days of receipt of an application, the Planning Director shall review it for compliance with the requirements for submittal and notify the applicant if the application is found to be incomplete.

E.

Upon acceptance of a complete application, the Planning Director shall transmit copies of the tentative property line adjustment map to the City Engineer and Public Works as well as other potentially affected agencies where necessary.

F.

The Planning Director shall review the proposal for compliance with the provisions of this Ordinance and coordinate the review conducted by affected agencies and applicable districts for compliance with applicable regulations. If the Planning Director believes that existing utilities may be affected by the proposed adjustment, the Planning 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 ten (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.

G.

The Planning Director shall review the proposed property line adjustment for compliance with the provisions of this Ordinance, 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 and including any conditions of approval to be completed prior to approval of the final property line adjustment map.

(Ord. 435 § 1, 2004)

A.

All final applications for property line adjustments shall be on forms provided by the City and shall be accompanied by a copy of the final property line adjustment map prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative.

B.

The property line adjustment map and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050) and by Marion County and shall include the following:

1.

The final property line adjustment map must be eighteen (18) inches by twenty-four (24) inches and may be on vellum or Mylar;

2.

The scale of the may shall be an engineering scale approved by the county surveyor;

3.

Name of the owners(s) of the subject parcel;

4.

Name of the owner(s) authorized agent (if applicable); and

5.

Name, address and phone number of the land surveyor;

6.

Dimensions and legal descriptions of the adjusted 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.

C.

The Planning Director shall approve the final property line adjustment map based on findings that:

1.

The final property line adjustment map substantially conforms to the approved tentative property line adjustment map; and

2.

All conditions of approval for the tentative property line adjustment have been satisfied.

(Ord. 435 § 1, 2004)

A.

Within ten (10) days of city review and approval of the property line re-establishment, the applicant shall submit the Marion County Tax segregation/aggregation form to the County for processing.

B.

Prior to issuance of building permits, the applicant shall submit proof of Marion County's approval of the re-establishment of the tax lot to the city.

(Ord. 432* § 4, 2004; Ord. 435a § 1, 2004

A.

The applicant shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

The Planning Director shall approve, approve with conditions or deny a request for a property line re-establishment in writing based on findings that the criteria stated are satisfied as follows:

1.

The lot(s) exist as a legal lot(s) of record.

2.

An additional lot or parcel is not created by the property line re-establishment.

3.

No amendments are made to previously created lot(s) of record.

4.

The applicant demonstrates that the lot is buildable and that such construction meets the setback requirements for the zone.

C.

The Planning Director shall mail notice of the approval to the owner of the property involved in the proposal.

D.

The decision of the Planning Director may be appealed to the Planning Commission.

(Ord. 435 § 1, 2004)

A.

All applications shall be made on forms provided by the City and shall be accompanied by a copy of the tax map, documentation of the legal creation of the lot and a drawing complying with subsection B below.

B.

The drawing shall include the following:

1.

Name of the owner(s) of the subject parcel;

2.

Name of the owner(s) authorized agent (if applicable); and

3.

The map scale, north arrow and date;

4.

Sufficient description to define the location and boundaries of the lot lines being re-established;

5.

The scale shall be an engineering scale sufficient to show the details of the plan and related data;

6.

The location, width and names of streets or other public ways and easements within and adjacent to the property;

7.

The location of all permanent buildings on and within twenty-five (25) feet of all affected property lines;

8.

The location and width of all water courses;

9.

All slopes greater than twelve (12) percent; and

10.

The location of existing utilities and utility easements;

11.

Any deed restrictions that apply to the existing lot;

12.

Legal descriptions for existing lot;

13.

The applicable County Assessor Map.

C.

The drawing shall be as accurate as possible to ensure proper review by affected agencies.

D.

Within thirty (30) days of receipt of an application, the Planning Director shall review it for compliance with the requirements for submittal and notify the applicant if the application is found to be incomplete.

E.

Upon acceptance of a complete application, the Planning Director shall transmit copies of the drawing to the City Engineer and Public Works as well as other potentially affected agencies where necessary.

F.

The Planning Director shall review the proposal for compliance with the provisions of this Ordinance and coordinate the review conducted by affected agencies and applicable districts for compliance with applicable regulations. If the Planning Director believes that existing utilities may be affected by the proposal, the Planning 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 ten (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 proposal.

G.

The Planning Director shall review the application for compliance with the provisions of this Ordinance, and shall issue a decision to owners of the property and affected service providing agencies with regard to compliance of the application with respect to all applicable approval criteria and including any conditions of approval to be completed prior to approval of the re-establishment.

(Ord. 435a § 1, 2004; Ord. 432* § 3, 2004; Ord. 415 § 7.150.070, 2002).