17.40.020 Procedures and limitations of the boundary line adjustment process.
Adjustment of boundary lines between adjacent lots shall be consistent with the following review procedures, limitations and requirements of CMC Title 12 and the Design and Construction Standards adopted in Chapter 12.60 CMC:
(1) Applications for boundary line adjustments shall be reviewed as a Type 1 permit as provided in Chapter 14.30 CMC. The review shall include examination for consistency with CMC Title 18, Chapter 16.05 CMC (Shoreline Master Program), applicable Board of Health regulations (if applicable), and, for lots which have already been developed, all adopted International Codes;
(2) Any adjustment of boundary lines must be approved by the Department prior to the transfer of property ownership between adjacent legal lots;
(3) A boundary line adjustment proposal shall not:
(a) Result in the creation of an additional lot or the creation of more than one additional building site;
(b) Result in a lot that does not qualify as a building site pursuant to this title;
(c) Relocate an entire lot from one parent parcel into another parent parcel;
(d) Reduce the overall area in a plat or short plat devoted to open space;
(e) Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat;
(f) Involve lots which do not have a common boundary; or
(g) Circumvent the subdivision or short subdivision procedures set forth in this title. Factors which indicate that the boundary line adjustment process is being used in a manner inconsistent with statutory intent include: numerous and frequent adjustments to the existing lot boundary, a proposal to move a lot or building site to a different location, and a large number of lots being proposed for a boundary line adjustment;
(4) The elimination of lines between two or more lots for the purpose of creating a single lot that meets requirements as a building site shall in all cases be considered a minor adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this title;
(5) Recognized lots in an approved site plan for a conditional use permit, special use permit, urban planned development, or commercial site development permit shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development;
(6) Lots that have been subject to a boundary line adjustment process that resulted in the qualification of an additional building site shall not be permitted to utilize the boundary line adjustment process again for five years to create an additional building site. (Ord. 06-17 § 5 (Exh. C); Ord. 27-16 § 12; Ord. 6-05 § 1; Ord. 23-04 § 8; Ord. 53-02 § 2 (19A.28.020))