4.3.600 Property Line Adjustments.
A. Applicability.
1. The relocation or elimination of a common property line between abutting properties may be granted in accordance with the provisions of this section. The property line adjustment provisions of this section shall not apply to:
a. A property line adjustment that affects more than two abutting units of land.
b. A property line adjustment that adjusts a property which was approved and/or created as open space, common area, private park, private road, or other unit of land specifically required and/or designated by a previous land use approval.
B. Filing Procedures and Requirements.
1. Property line adjustments shall be processed as Type I applications in accordance with BDC 4.1.300.
2. Any person proposing a property line adjustment shall prepare and submit an application in accordance with the prescribed procedures and the appropriate filing fee, to the Planning Division.
3. An application for a property line adjustment shall be accompanied by the following materials:
a. A scale drawing prepared by a licensed surveyor or engineer showing the existing property lines, the proposed property lines, existing water, sewer and utility lines, and the footprint of all existing structures with setbacks to the existing and proposed property lines noted.
b. Legal descriptions for the existing properties and for the properties as adjusted.
c. A copy of the deed or other recorded instrument that signifies ownership of the affected properties.
d. If the properties are not served by the City sewer system, provide documentation from the County Environmental Health Division which indicates that the proposed adjustment will be in compliance with all applicable requirements for sanitary septic systems when such systems exist on the properties affected by the adjustment.
C. Criteria for Tentative Approval.
1. No application for property line adjustment shall be approved unless the following criteria are met:
a. The adjustment does not result in property sizes that are less than those established by the underlying zoning designation.
b. Nonconforming properties that are less than the minimum size established for the zone shall not be further reduced in size.
c. Existing structures shall not be made nonconforming with regard to setbacks, lot coverage or other requirements of the underlying zone, or this code.
d. Existing water and sewer service lines to the adjusted lots or parcels shall be in conformance with current City standards or shall be constructed to conform with current City standards.
e. The applicant has submitted documentation from the Deschutes County Environmental Health Division that any existing sanitary septic systems on the adjusted properties meet all requirements of the County Environmental Health Division.
D. Requirements for Final Approval.
1. In order to obtain final approval of a property line adjustment, the following requirements shall be completed within one year of the tentative approval:
a. New deeds or other instrument conveying ownership containing the legal descriptions for the adjusted properties shall be recorded with the County Clerk, if applicable.
b. A survey drawing containing the stamp and signature of a licensed surveyor shall be recorded with the County Surveyor.
c. Verification of acceptance of water and sewer line construction to the adjusted properties by the City Engineering Division if applicable. [Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]