Mountain View City Zoning Code
12 Lot
Line Adjustment
16.12.010 Intent.
The intent of this Article is to establish a process to adjust lot lines and merge existing lots to resolve survey disputes, resolve ownership disputes, and allow for orderly development of said lots. (Ord. 2019-07-08 §1)
16.12.020 Eligibility.
The following property line adjustments shall be considered exempt from the definition of “subdivision” or “subdivided land” as set forth in C.R.S. § 30-28-101, as amended, and shall be approved by the Town Council subject to the criteria, requirements and procedure outlined below and approved by the Town Council.
(a) Minor adjustments to property lines and the elimination of interior property lines involving any combination of legal lots or legal unplatted parcels, and technical modifications to a plat or exemption survey, which do not increase any of the following: the number of lots, the number of existing legal building sites or the number of parcels.
(b) Amendments to plats to correct technical errors as set forth in C.R.S. § 30-28-133(9), as amended. (Ord. 2019-07-08 §1)
16.12.030 Criteria.
(a) Amendments to plats and property line adjustments may be approved by the Town Council if:
(1) Eligibility requirements are met;
(2) The change does not conflict with the applicable zone district regulations; and
(3) The Town Council does not determine that the change constitutes subdividing as defined by State statute, or is an attempt to evade the requirements of C.R.S. § 30-28-101 et seq.
(b) Where the change adjusts or eliminates lot or parcel lines, the following additional limitations shall apply:
(1) All lots, tracts or parcels affected must be in the same zone district;
(2) There shall be no increase in the number of lots or building sites;
(3) An existing lot of a nonconforming lot size shall be altered only if the nonconformity is eliminated; and
(4) The resulting property boundaries or building sites shall conform to applicable lot layout and design standards in this Chapter, and the lot shall be configured to allow at least one (1) of the uses permitted in the applicable zone district.
(c) For requests to eliminate lot or parcel boundaries, the applicant shall affirm that any liens or encumbrances encumber the entirety of the property to be combined. For requests to adjust lot or parcel lines, the applicant shall affirm that any liens or encumbrances encumbering the portion of property to be transferred have been released.
(d) If there is a vacation of all or a portion of a right-of-way or easement, the Mayor shall be authorized to sign the vacation statement under the provisions of this Section upon approval as to form by the Town Attorney. (Ord. 2019-07-08 §1)
16.12.040 Application.
(a) An application for a lot line adjustment shall include the following:
(1) An application fee in an amount established by resolution of the Town Council;
(2) An application, on a form provided by the Town;
(3) A current title commitment for all properties involved in the request;
(4) A cover letter explaining the request being made to the Town and any other descriptive information necessary to explain the submittal; and
(5) For requests to eliminate lot lines, a current tax statement indicating that there are no liens or encumbrances that only affect a portion of the properties involved in the request.
(b) For all requests except requests to eliminate lot lines, the applicant shall initially provide three (3) copies of a current survey showing all properties involved in the lot line adjustment with all other application requirements. The first copies of the survey shall show the existing and proposed lot lines, the location of all existing structures, roads, and driveways. The survey shall also include:
(1) A scaled drawing of the boundaries of the property and all dimensions to establish the boundaries in the field;
(2) All recorded or apparent rights-of-way or easements;
(3) A statement by the surveyor: that the survey was performed by him/her or under his/her direct supervision, responsibility and checking; explaining how bearings, if used, were determined; and providing on the survey the scale, representative fraction of the drawing and a bar-type or graphic scale;
(4) A description of all monuments, both found and set, which mark the boundaries of the property, and a description of all control monuments used in conducting the survey;
(5) Reference to the recorded plat including book and page numbers where the plat is recorded;
(6) North arrow;
(7) Signature and seal of the land surveyor;
(8) Vicinity map; and
(9) Any certificates required by Jefferson County. (Ord. 2019-07-08 §1)
16.12.050 Procedure.
(a) The Town shall review the application to determine whether the proposal is eligible and meets the criteria set forth in this Article.
(b) The Town shall evaluate the request. If additional materials are needed by the Town, the applicant shall provide the additional materials as requested.
(c) A meeting shall be scheduled before the Town Council. Posting of the property and publication of notice in the newspaper shall not be required. The Town Council shall approve, approve with conditions, or deny the request at the meeting.
(d) Upon approval of a lot line adjustment or an elimination of interior lot lines, the applicant shall execute an agreement provided by the Town which requires all subsequent conveyances or transfers of the property to be consistent with the approved property lines, and which requires said limitation to be set forth on all subsequent deeds, unless the lot lines are subsequently adjusted pursuant to County regulation. A copy of the agreement shall be recorded with the Jefferson County Clerk and Recorder. (Ord. 2019-07-08 §1)
16.12.060 Lot line adjustment Mylar.
(a) Upon completion of the lot line adjustment process, a site plan Mylar shall be prepared and submitted for recording to the Jefferson County Clerk and Recorder. The Mylar shall meet the following requirements:
(1) The Mylar shall be of nonfading permanent black ink on a polyester sheet such as Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24) inches by thirty-six (36) inches. No Mylar shall contain any form of stick-on type material or lettering tape.
(2) The Mylar shall contain original signatures and seals of all parties required to sign the Mylar.
(3) The Mylar shall have the following information in the upper right-hand corner: Site Approval Process No.: ________. The Town will fill in the appropriate number.
(b) The Mylar shall contain the following certifications:
Property owner’s certification:
I, the undersigned, certify that the amended or adjusted lot lines as shown on this lot line adjustment mylar are in accordance with the applicable development standards and district requirements for the ________ Zone District as stated in Chapter 16 of the Mountain View Municipal Code and in accordance with any conditions imposed by the Town Council at the time the property was reviewed under the lot line adjustment process. I understand that my failure to comply with the development standards and/or any conditions imposed under the lot line adjustment process could result in the Town initiating an action against me as the property owner.
___________________________
Signature of Property Owner
The foregoing instrument was acknowledged before me this __ day of _________, 20__, by ________________________. Witness my hand and official seal.
My Commission expires: ____________________.
_____________________________
Notary Public
Town’s certification:
This lot line adjustment mylar has been approved for filing.
____________________________
Mayor
ATTEST:
____________________________
Town Clerk
(Ord. 2019-07-08 §1)
16.12.010 Intent.
The intent of this Article is to establish a process to adjust lot lines and merge existing lots to resolve survey disputes, resolve ownership disputes, and allow for orderly development of said lots. (Ord. 2019-07-08 §1)
16.12.020 Eligibility.
The following property line adjustments shall be considered exempt from the definition of “subdivision” or “subdivided land” as set forth in C.R.S. § 30-28-101, as amended, and shall be approved by the Town Council subject to the criteria, requirements and procedure outlined below and approved by the Town Council.
(a) Minor adjustments to property lines and the elimination of interior property lines involving any combination of legal lots or legal unplatted parcels, and technical modifications to a plat or exemption survey, which do not increase any of the following: the number of lots, the number of existing legal building sites or the number of parcels.
(b) Amendments to plats to correct technical errors as set forth in C.R.S. § 30-28-133(9), as amended. (Ord. 2019-07-08 §1)
16.12.030 Criteria.
(a) Amendments to plats and property line adjustments may be approved by the Town Council if:
(1) Eligibility requirements are met;
(2) The change does not conflict with the applicable zone district regulations; and
(3) The Town Council does not determine that the change constitutes subdividing as defined by State statute, or is an attempt to evade the requirements of C.R.S. § 30-28-101 et seq.
(b) Where the change adjusts or eliminates lot or parcel lines, the following additional limitations shall apply:
(1) All lots, tracts or parcels affected must be in the same zone district;
(2) There shall be no increase in the number of lots or building sites;
(3) An existing lot of a nonconforming lot size shall be altered only if the nonconformity is eliminated; and
(4) The resulting property boundaries or building sites shall conform to applicable lot layout and design standards in this Chapter, and the lot shall be configured to allow at least one (1) of the uses permitted in the applicable zone district.
(c) For requests to eliminate lot or parcel boundaries, the applicant shall affirm that any liens or encumbrances encumber the entirety of the property to be combined. For requests to adjust lot or parcel lines, the applicant shall affirm that any liens or encumbrances encumbering the portion of property to be transferred have been released.
(d) If there is a vacation of all or a portion of a right-of-way or easement, the Mayor shall be authorized to sign the vacation statement under the provisions of this Section upon approval as to form by the Town Attorney. (Ord. 2019-07-08 §1)
16.12.040 Application.
(a) An application for a lot line adjustment shall include the following:
(1) An application fee in an amount established by resolution of the Town Council;
(2) An application, on a form provided by the Town;
(3) A current title commitment for all properties involved in the request;
(4) A cover letter explaining the request being made to the Town and any other descriptive information necessary to explain the submittal; and
(5) For requests to eliminate lot lines, a current tax statement indicating that there are no liens or encumbrances that only affect a portion of the properties involved in the request.
(b) For all requests except requests to eliminate lot lines, the applicant shall initially provide three (3) copies of a current survey showing all properties involved in the lot line adjustment with all other application requirements. The first copies of the survey shall show the existing and proposed lot lines, the location of all existing structures, roads, and driveways. The survey shall also include:
(1) A scaled drawing of the boundaries of the property and all dimensions to establish the boundaries in the field;
(2) All recorded or apparent rights-of-way or easements;
(3) A statement by the surveyor: that the survey was performed by him/her or under his/her direct supervision, responsibility and checking; explaining how bearings, if used, were determined; and providing on the survey the scale, representative fraction of the drawing and a bar-type or graphic scale;
(4) A description of all monuments, both found and set, which mark the boundaries of the property, and a description of all control monuments used in conducting the survey;
(5) Reference to the recorded plat including book and page numbers where the plat is recorded;
(6) North arrow;
(7) Signature and seal of the land surveyor;
(8) Vicinity map; and
(9) Any certificates required by Jefferson County. (Ord. 2019-07-08 §1)
16.12.050 Procedure.
(a) The Town shall review the application to determine whether the proposal is eligible and meets the criteria set forth in this Article.
(b) The Town shall evaluate the request. If additional materials are needed by the Town, the applicant shall provide the additional materials as requested.
(c) A meeting shall be scheduled before the Town Council. Posting of the property and publication of notice in the newspaper shall not be required. The Town Council shall approve, approve with conditions, or deny the request at the meeting.
(d) Upon approval of a lot line adjustment or an elimination of interior lot lines, the applicant shall execute an agreement provided by the Town which requires all subsequent conveyances or transfers of the property to be consistent with the approved property lines, and which requires said limitation to be set forth on all subsequent deeds, unless the lot lines are subsequently adjusted pursuant to County regulation. A copy of the agreement shall be recorded with the Jefferson County Clerk and Recorder. (Ord. 2019-07-08 §1)
16.12.060 Lot line adjustment Mylar.
(a) Upon completion of the lot line adjustment process, a site plan Mylar shall be prepared and submitted for recording to the Jefferson County Clerk and Recorder. The Mylar shall meet the following requirements:
(1) The Mylar shall be of nonfading permanent black ink on a polyester sheet such as Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24) inches by thirty-six (36) inches. No Mylar shall contain any form of stick-on type material or lettering tape.
(2) The Mylar shall contain original signatures and seals of all parties required to sign the Mylar.
(3) The Mylar shall have the following information in the upper right-hand corner: Site Approval Process No.: ________. The Town will fill in the appropriate number.
(b) The Mylar shall contain the following certifications:
Property owner’s certification:
I, the undersigned, certify that the amended or adjusted lot lines as shown on this lot line adjustment mylar are in accordance with the applicable development standards and district requirements for the ________ Zone District as stated in Chapter 16 of the Mountain View Municipal Code and in accordance with any conditions imposed by the Town Council at the time the property was reviewed under the lot line adjustment process. I understand that my failure to comply with the development standards and/or any conditions imposed under the lot line adjustment process could result in the Town initiating an action against me as the property owner.
___________________________
Signature of Property Owner
The foregoing instrument was acknowledged before me this __ day of _________, 20__, by ________________________. Witness my hand and official seal.
My Commission expires: ____________________.
_____________________________
Notary Public
Town’s certification:
This lot line adjustment mylar has been approved for filing.
____________________________
Mayor
ATTEST:
____________________________
Town Clerk
(Ord. 2019-07-08 §1)