18F.70.030 Boundary Line Adjustment (BLA) Requirements

18F.70.030 Boundary Line Adjustment (BLA) Requirements.

1. The adjustment of lot lines shall not result in additional lots.

2. The adjustment of lot lines cannot alter, modify or conflict with conditions or requirements imposed by a previously approved permit or plat. Modification of such conditions must be accomplished pursuant to the applicable amendment or plat alteration procedure.

3. Legally existing lots, structures and uses shall not be required to correct existing nonconforming features to meet current regulations as a condition of a boundary line adjustment approval. Boundary line adjustments shall not apply to road and utility vacations.

4. An application for a boundary line adjustment shall not involve more than five contiguous lots, unless a greater number is allowed by the Director.

5. The adjustment of boundary lines between two or more nonconforming lots shall be allowed only when the adjustment is necessary to correct a controversy regarding the location of a boundary line, to remedy adverse topographical features, or to provide access to an otherwise inaccessible parcel.

6. A boundary line adjustment should not result in a conforming lot becoming nonconforming to the area requirements of the applicable zone or result in an increase in the number of nonconforming lots.

7. A boundary line adjustment shall not result in the creation of a lot which contains insufficient area and dimension to meet minimum requirements for building site width and area.

8. A boundary line adjustment shall not serve to circumvent or eliminate requirements related to building height, setback or landscaping pursuant to Title 18A PCC nor shall it serve to eliminate requirements related to frontage improvements or other design requirements pursuant to Title 18J PCC.

9. A boundary line adjustment may not be used to combine lots that are separated by a dedicated, improved, public, or private road.

B. Boundary Line Adjustment Conveyance of Property. Any deeds associated with the properties being adjusted shall be recorded with the signed mylar.

1. The boundary line adjustment shall be reviewed to determine potential impacts to:

a. Drainage,

b. Critical areas,

c. Water supply,

d. Sanitary sewage disposal,

e. Access or easement for vehicles,

f. Utilities or fire protection for any lot, tract, parcel, or site,

g. Zoning requirements,

h. Previous decisions, and

i. Accuracy of legal description, ownership, lot dimensions, and improvements on the lots.

2. A boundary line adjustment shall not create easements or alter recorded easements.

D. Required Written Findings and Determinations. The Director's written decision on the boundary line adjustment shall include findings and conclusions, based on the record, to support the decision. A proposed boundary line adjustment shall not be approved unless the Director makes written findings that:

1. The boundary line adjustment complies with the provisions of this Chapter and other applicable County codes and state laws;

2. The boundary line adjustment complies with the provisions of the Survey Recording Act; and

3. The proposed boundary line adjustment is independent and not part of a series of boundary line adjustments.

E. Approval. The Director has the authority to approve or deny any proposed boundary line adjustment and may impose additional or modified conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, and applicable County codes and state laws.