To recognize that historical subdivisions of land in Toledo have not been platted in relationship to the topography of the property, that some lots have been historically treated as one piece of property, and that topographical or other constraints may severely limit the use of one lot such that the use of abutting lots is a reasonable alternative. The restrictive lot line covenant is an agreement between the city and the owner of multiple lots to treat the multiple lots as one lot for the purposes of the municipal code to allow the property owner to treat the multiple lots as one lot for the placement of a home, for the placement of an accessory building, or other purposes common to residential ownership of land and the property owner agrees to convey the lots as a single ownership.

(Ord. 1286 § 1 (part), 2001)

A.

Application. An application for a restrictive lot line covenant shall be processed as a Type II procedure. The application shall meet the requirements for submitting the application as established by the city manager. The applicant shall bear the cost of recording with Lincoln County associated with the restrictive lot line covenant.

B.

Criteria, Standards, and Conditions of Approval. The city shall approve, approve with conditions, or deny an application for a restrictive lot line covenant based on findings of fact for the following standards and criteria:

1.

The applicant has multiple legal lots that are under a common ownership and are abutting; and

2.

The applicant desires to retain the lots as separate legal lots or a process for combining the lots into one lot is not available; and

3.

Treating the multiple lots as one lot for municipal code purposes would not result in the violation of other sections of the municipal code or other applicable codes; and

4.

The topography of the legal lots is such that except for the topography of the property, the proposed permitted use outright necessitating the request for a restrictive lot line covenant could be accommodated on one lot; or

5.

Significant alterations of steep slopes, wetlands, natural drainage patterns, or other natural resources can be minimized by treating the abutting legal lots as one lot; or

6.

The size of the legal lots is such that one or more of the lots are substandard but together the lots meet the size requirements for the applicable zone; or

7.

The use proposed is an approved conditional use and the nature of the use is such that if the conditional use was located in a zone where the use was permitted outright, the interior lot lines between the abutting properties would not require setbacks; or

8.

Open space, forested area, scenic views, or other similar amenity contributing to the enjoyment of the owner's use of property and/or to the livability of the community as a whole can be preserved.

(Ord. 1307 § 40, 2005; Ord. 1286 § 1 (part), 2001)

A property owner may request that the Restrictive Lot Line Covenant be removed and the city shall grant such request provided that:

A.

The lots subject to the agreement do not result in any nonconforming uses, nonconforming lots, or nonconforming structures that did not exist prior to the date of execution of the covenant; and

B.

All other municipal code and state requirements then current will be met by the lots subject to the covenant.

(Ord. 1286 § 1 (part), 2001)