Yachats City Zoning Code
CHAPTER 9
58 STANDARDS AND PROCEDURES FOR PROPERTY LINE ADJUSTMENTS
§ 9.58.010 Tentative approval.
A.
A property line adjustment shall be tentatively approved by the City Planner, if:
1.
No additional lots or parcels will be created;
2.
The subject lots, parcels, or tracts of land will not be reduced in size to below the minimum area required by the applicable use zone;
3.
The proposed lots, parcels or other tracts of land as adjusted will comply with any required minimum width requirement as set forth in the applicable use zone;
4.
The proposed property line adjustment will not reduce any yard or other setback below that required under applicable zoning;
5.
The proposed property line adjustment will not reduce the street or road frontage of the subject lots or parcels to below that required by this title;
6.
The proposed property line adjustment will not reduce any setback for an existing on-site sewage disposal system or approved replacement area below the required minimum; and
7.
The proposed property line adjustment shall not increase the degree of non-conformity on vacant lots, parcels, or tracts that do not conform to lot size, width, or depth requirements, or on developed lots if the increase in non-conformity results in adjacent property becoming further dividable. A proposed property line adjustment shall not increase the degree of nonconformity for required yards.
B.
Notwithstanding the above, an existing lot or parcel may be reduced in area or building setbacks through a property line adjustment provided that:
1.
The lot or parcel to be reduced in area is developed with residential, commercial or industrial structural improvements; or
2.
The reduction in area is necessary to resolve a boundary discrepancy, hiatus or encroachment; or
3.
The reduction in area is necessary to comply with an applicable setback or other dimensional standard established by this chapter or other applicable law; or
4.
The reduction in area results from acquisition or condemnation for right-of-way or other public purpose.
C.
Tentative approval of a property line adjustment is valid for a period of one year. Time extensions are not allowed.
(Ord. 234, Added 06/19/2003)
§ 9.58.020 Final approval.
A.
Final approval of a property line adjustment shall be granted upon submittal of the following:
1.
A copy of a filed survey of the property line adjustment in accordance with ORS 92.060(7) which is in substantial conformance with the tentative approval, except that property line adjustments where all lots, tracts or parcels affected are greater than 10 acres need not be surveyed or monumented;
2.
Copies of recorded conveyances conforming to the tentatively approved property line adjustment and containing the names of the parties together with proper acknowledgment.
3.
Such other documentation as may be required by the City Planner to verify conformance with any requirements or conditions of the tentative approval.
(Ord. 234, Added 06/19/2003)
§ 9.58.030 Review procedures.
The review of applications for property line shall be conducted according to the following procedures:
A.
The property owner or authorized agent shall submit an application to the City Planner. The application shall include written consent to proceed with the proposed property line adjustment from affected property owners.
B.
Within 14 days following determination that the application is complete, notice of the application shall be mailed to the applicant and to owners of record on the most recent property tax assessment roll of property which is located within 100 feet of the perimeter of the properties. Property owners shall be given a 14-day period to provide written testimony. The City Planner may refer the application to affected districts, local, state or federal agencies for comments.
C.
Within 14 days following the closing of receiving written testimony, or such longer period mutually agreed to by the City Planner and the applicant, the City Planner shall approve, disapprove or, at the City Planner's discretion, refer the application to the Planning Commission for consideration.
D.
The applicant and any person providing written testimony shall be notified in writing of the City Planner's action.
E.
All actions of the City Planner may be appealed to the Planning Commission.
(Ord. 234, Added 06/19/2003)