Montague Municipal Code Ch. 16.11 Lot Line Adjustments

Sections:

• 16.11.010 Lot line adjustment—Definition.

• 16.11.020 Initiation of proceedings.

• 16.11.030 Fees.

• 16.11.040 Procedure.

• 16.11.050 Conditions.

• 16.11.060 Recordation.

For the purposes of this chapter, a “lot line adjustment” is where the land taken from one existing parcel is added to an adjacent existing parcel and where a greater number of parcels than originally existed is not thereby created. (Ord. 90-1 (part), 1990)

Proceedings for a lot line adjustment may be initiated by an application of the owners of record of the respective parcels, which application shall contain the following information or documents and such other information or documents as may be required for a proper determination of the application by the planning commission:

• A. Evidence of title to the respective parcels as shown by a preliminary title report;

• B. Evidence of consent of all owners of an interest or a lien in or to said properties;

• C. A site plan indicating existing topography, drainage, utilities, structures and structures immediately adjacent to the boundaries of the parcels, on a scale of one-eighth of an inch equals one foot or larger. (Ord. 90-1 (part), 1990)

Applications for lot line adjustment shall be accompanied by a fee to cover the costs of processing in an amount to be set from time to time by resolution of the city council. Such fees shall not be refundable. (Ord. 90-1 (part), 1990)

• A. The city clerk may approve a lot line adjustment provided the following conditions have been determined:

  1. The lot line adjustment does not create a new parcel;

  2. Adequate survey information exists to reflect the lot line adjustment by deed or record survey;

  3. The lot line adjustment conforms to all zoning and building ordinances of the city;

  4. Proof of modification and recordation of any judgments, liens or secured interest on the respective parcels to conform to the lot line adjustment.

B. In the event the city clerk denies such application for a lot line adjustment or imposes conditions unacceptable to the applicant; the applicant may file the application for such lot line adjustment with the planning commission, which may grant such lot line adjustment on the terms and conditions set forth in this chapter. (Ord. 96-06 (part), 1996; Ord. 90-1 (part), 1990)

The city clerk or the planning commission hay impose reasonable conditions to its approval of any lot line adjustment so as to make the lot line adjustment conform to zoning and building ordinances of the city and to facilitate the relocation of existing utilities, infrastructure or easements. (Ord. 96-06 (part), 1996; Ord. 90-1 (part), 1990)

Upon approval of the lot line adjustment and any conditions imposed by the planning commission, the lot line adjustment shall be reflected in a deed or record of survey which shall be recorded. (Ord. 90-1 (part), 1990)