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Lyon County Unincorporated
City Zoning Code

CHAPTER 602

BOUNDARY LINE ADJUSTMENT

15.602.01: APPLICABILITY:

This chapter applies to an adjustment of the boundary line between two (2) abutting parcels or the transfer of land between two (2) owners of abutting parcels. (Ord. 603, 11-1-2018)

15.602.02: EXCLUSIONS:

   A.   An adjustment of the boundary line between abutting parcels or the transfer of land between two (2) owners of abutting parcels may not be approved if it reduces the size of a non-conforming parcel, increases a non-conformity, or results in the creation of a non-conforming condition or parcel.
   B.   An adjustment of the boundary line between abutting parcels or the transfer of land between two (2) owners of abutting parcels may be disapproved if it does not contain adequate access, utility, water conveyance and drainage easements to serve the resulting parcels. (Ord. 603, 11-1-2018)

15.602.03: PROCEDURES FOR BOUNDARY LINE ADJUSTMENT:

   A.   Application: All applications for a boundary line adjustment must be filed with the department on the appropriate forms and meet all applicable submittal requirements. The applicant shall pay a fee(s) as set by the Board. The Director, or his designee, shall be the final decision maker regarding boundary line adjustments.
   B.   No Delinquencies: The applicant shall prove that there are no delinquent taxes or assessments on the parcels involved in the boundary line adjustment.
   C.   Contents Of Boundary Line Adjustments: Every map for boundary line adjustments shall show, at a minimum, the information required by Nevada Revised Statutes 278.469 and Nevada Revised Statutes 278.5693.
   D.   Submissions: Applicants for boundary line adjustments shall submit a deed document which includes a metes and bounds legal description, the appropriate number of printed and electronic record of survey maps of said parcels showing lot line dimensions, adjacent streets, north arrow, and the locations of all structures, wells, septic tanks, and leach fields. A record of survey and additional materials must be signed and stamped by a Nevada registered land surveyor complying with Nevada Revised Statutes 278.469 and 278.5692. The record of survey map of said parcels shall also contain a certificate stating that each holder of record of a security interest consents to the preparation and recordation of the boundary line adjustment record of survey map.
   E.   Easements: Boundary line adjustments do not automatically eliminate any public utility, irrigation, or other private easement that may exist along a lot line. It is the responsibility of the property owner(s) to resolve any and all interest of record in conformance with section 15.601.06 of this chapter.
   F.   Processing By Department: The department will review the application and boundary line adjustment map for compliance with Nevada Revised Statutes 278.469, Nevada Revised Statutes 278.5693, this title, and the comments by other reviewing agencies.
   G.   Decision: The Director, or his designee, may make a decision regarding a boundary line adjustment after:
      1.   Receiving a complete application;
      2.   Verifying that there are no delinquent taxes or assessments on the parcels involved in the boundary line adjustment; and
      3.   Verifying that the county engineer, county surveyor, and county agencies have reviewed the application materials and determined that the boundary line adjustment application complies with their regulations and standards and Nevada Revised Statutes 278.5693. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019; Ord. 613, 12-3-2020)

15.602.04: STANDARDS FOR APPROVAL:

   A.   The adjustment of the boundary line between abutting parcels or the transfer of land between two (2) owners of abutting parcels shall be approved without conditions or further administrative proceedings when:
      1.   It does not result in the creation or reduction in size of non-conforming lots;
      2.   The map meets the formal requirements of Nevada Revised Statutes 278.469 and Nevada Revised Statutes 278.5693;
      3.   The map is not in conflict with the provisions of this title and Nevada Revised Statutes 278.010 to 278.630, inclusive.
   B.   If the proposed configuration is to accommodate new residential, commercial or industrial development, the Director, or his designee, may require, prior to approval and recordation of the map, that public facilities and improvements be constructed, in the manner and at the same level as if parcel map approval had been sought.
   C.   A decision of the Director made under this section may be appealed in the manner provided in chapter 4 of this title.
   D.   Prior to recordation, the boundary line adjustment map shall be provided to the county engineer in form and format compatible with the county geographic information system (GIS). The scale of the map, improvements, monuments, and other information shall be placed in the model space correctly oriented to the coordinate system as approved by the public works director. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

15.602.05: PUBLIC NOTICE AND REVIEW:

An application for a boundary line adjustment under this chapter shall be subject to the personal notice requirements of section 15.09.03 of this title. (Ord. 603, 11-1-2018)