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Not all units of land are “lots of record.” The City of Bend will not issue any permits on a unit of land until it is determined that it is a lot of record. If a unit of land is not in an approved subdivision or partition, has not been issued a land use permit, or has never been determined to be a lot of record, a declaratory ruling for a lot of record will need to be filed. A Declaratory Ruling will determine if and when a unit of land was created and if it was created in accordance with the law in effect at the time of creation. For units of land created in Deschutes County prior to annexation into the City, the Deschutes County Lot of Record Ordinance shall apply.

A. What is a lot of record? A unit of land held in separate ownership as shown on the records of the Deschutes County Clerk, which conforms to all zoning and subdivision/partition requirements in effect on the date the unit of land was created.

B. What is not a lot of record?

1. A unit of land created solely by a tax lot segregation because of an assessor’s role change or for the convenience of the assessor;

2. A unit of land created by an intervening section or township line or right-of-way;

3. A unit of land created by the foreclosure of a security interest.

C. Remedy for Parcels Found Not to Be Lots of Record.

1. In accordance with BDC Chapter 4.3, consolidate the unit of land with a contiguous unit of land that is determined to be a lot of record. Both units of land must be held in the same ownership as shown on the records of the Deschutes County Clerk.

2. Apply for and obtain approval for a single lot partition in conformance with ORS 92.176 and BDC 4.3.200, 4.3.300 and 4.3.400.

3. Apply for and obtain approval of a lot of record under ORS 92.176. [Ord. NS-2122, 2009; Ord. NS-2068, 2007; Ord. NS-2016, 2006]