This chapter is authorized under the provisions of Title 67, Chapter 65 and Title 50, Chapter 13, Idaho Code.

(Ord. No. 421, § 1, 2-13-2019)

A "property boundary adjustment" is an adjustment of an existing lot or parcel line where no additional lots or parcels are created, and all new properties meet the minimum zoning requirements for the applicable zone as set forth in the city of Homedale zoning ordinance.

The provisions of this chapter establish the requirements for adjustment of boundary lines of platted lots or legally created unplatted parcels to accommodate a transfer of land between adjacent separate lots or parcels in order to correct the property line, setback encroachment or create better lot design without creating nonconforming lots.

(Ord. No. 421, § 1, 2-13-2019)

An application for a boundary line adjustment may be submitted to adjust a single common boundary between two (2) adjoining legal lots or parcels with the following standards:

1.

A property boundary adjustment shall not create any additional building lots nor include any lots or parcels which were not lawfully created;

2.

For platted lots, the property boundary adjustment shall be in substantial conformance with the recorded plat. This shall be interpreted to mean no more than ten (10) percent of the total area within the recorded plat may be affected by the adjustment. This shall be a cumulative calculation over time.

3.

A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by the city of Homedale zoning ordinance;

4.

If one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by the zoning ordinance (including, but not limited to, the size and street frontage), the property boundary adjustment shall not increase the nonconformity. However, where two (2) nonconforming properties are contiguous and a property boundary adjustment is necessary, as determined by the city to accommodate infrastructure or physical limitations, such adjustment may be made if it does not impact any other properties or expand any nonconforming uses.

5.

A property boundary adjustment shall not change, impair, or move any public streets, private lanes, easements, or publicly dedicated areas in any manner or create the need for new easements or access to any adjacent lots. If any such area is to be vacated or amended to necessitate the adjustment, a vacation or plat amendment application must be approved prior to applying for a property boundary adjustment.

6.

No permanent structures or other encroachments are allowed over adjusted property boundary lines which have existing easements, regardless of any property boundary line adjustment being approved.

7.

All current taxes must be paid in full on any property affected by the adjustment prior to the administrator's tentative approval being issued.

8.

For platted subdivisions, the following shall require replatting or filing of an amended plat and shall not be considered a property boundary adjustment:

a.

A change in a lot line that results in a change in the location of an approach, utilities, easements and/or septic tank or drain field.

b.

An increase or decrease in any lot size of more than twenty (20) percent.

c.

Any adjustments between a platted lot and an unplatted lot.

d.

An increase or reduction in the number of lots within a subdivision.

(Ord. No. 421, § 1, 2-13-2019)

A.

An application and fee for a boundary line adjustment must be filed with the city clerk on a designated form along with such other information as may be required. Said application shall require notarized consent from all property owners materially affected by the proposed adjustment(s). The application must include a current title report, a scaled drawing of the proposed adjustment, a record of survey for the affected properties prepared by a surveyor licensed in the state of Idaho, and a legal description of the property that is to be taken from one parcel and added to the other parcel, and a legal description for each of the resulting parcels shall also be provided. The record of survey must contain a certificate of approval for the city council. The scaled drawing must depict the following:

1.

All existing and proposed boundaries of the affected lots with dimensions;

2.

All existing structures with dimensions and distances to existing and proposed boundaries;

3.

Existing utility services to the affected lots;

4.

Existing street frontages and accesses of each lot.

5.

The relationship of any improvements to the setback requirements.

6.

All easements associated with any of the affected property lines.

B.

Department/Agency Review: The city clerk shall transmit the application to the Owyhee County treasurer and assessor, the Homedale city council, and any other applicable departments or agencies for review and comment. Said parties shall have at least ten (10) days to reply to the city clerk.

C.

Tentative Approval; Requirements: The city clerk will approve the boundary line adjustment only after determining that all of the conditions as set forth in this chapter have been met including:

1.

Only one common lot line between two (2) lots or parcels is being adjusted.

2.

Both lots were legally created.

3.

No additional lots have been created.

4.

No more than two (2) deflection points are being set on the adjusted line.

5.

The accompanying warranty deed accurately describes the property to be transferred recorded with the Owyhee County recorder and referenced by instrument number on the record of survey.

6.

All resulting lots adhere to the standards set forth in the Homedale Municipal Code or as modified herein.

7.

No existing easements or access have been impaired or the need for new easements or access to the subject lots or adjacent lots has been created.

8.

The adjusted lots are served by sanitary sewer and water services. Lots shall not be adjusted so that they do not, or cannot, have sewer and water services that conform to applicable city policies and standards.

9.

All new property corners have been monumented as generally required by this title and Idaho code.

Upon tentative approval of the application by the city clerk subject to any applicable conditions of approval and the regulations of this title, the applicant or owner shall have a maximum of six (6) months to complete the following tasks:

1.

Have the necessary deeds prepared to accomplish the property boundary adjustments as tentatively approved;

2.

Submit the record of survey on Mylar with three (3) full size paper copies along with a reduced eight and one-half inch by eleven inch (8½" x 11") copy and the executable deeds to the city clerk for final approval.

D.

Final Approval: Upon determination by the city clerk and council that the final property boundary adjustment is in conformance with this chapter, the city council shall sign the survey. The applicant shall then file the survey and deeds with the Owyhee County recorder's office and obtain new tax parcel numbers from the Owyhee County assessor's office.

(Ord. No. 421, § 1, 2-13-2019)

No building permits will be issued on lots or parcels whose boundaries have been adjusted without the approval of the city council, nor will they be issued on lots or parcels whose boundaries are being adjusted until the all the requirements of this chapter have been met and the record of survey and warranty deeds recorded.

(Ord. No. 421, § 1, 2-13-2019)