ORDINANCE NUMBERb5"- 03

Transcription

1 ORDINANCE NUMBERb5"- 03 AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS AND TITLE 16 (PLATS AND SUBDIVISIONS) REGARDING BOUNDARY LINE ADJUSTMENTS. AN ORDINANCE amending the Mason County Development Regulations, Ord. No , Section Development Densities and Dimensional Requirements and Section Rural Residential Development Standards, and to Title 16 (Plats And Subdivisions), Chapter , regarding boundary line adjustments, under the authority and requirements of Chapters 36.70, 36.70A, 36.70B, and RCW. WHEREAS, the Board of County Commissioners adopted these chapters and sections within the Mason County Development Regulations in a public hearing on May 1, 2000; WHEREAS, the Development Regulations have standards that include boundary line adjustments, but the standards did not adequately address encroachment issues and adequate building areas resulting from proposed boundary line adjustments; WHEREAS, the Development Regulations have standards which address lot width in proportion to lot depth but is difficult to implement and does not prevent reconfiguring parcels to odd-shaped lots. WHEREAS, Mason County Title (Chapter ) has standards for processing boundary line adjustments but does not address reconfiguring lots with adequate areas for future development that meet all of the standards (setbacks, buffers, necessary improvements) of site development. WHEREAS, the Mason County Planning Commission formulated their recommendations after a public hearing on May 19, 2003; WHEREAS, the Board of County Commissioners held a public hearing about the proposed revisions on June 10, 2003, and continued the public hearing to July 1, 2003, to consider the recommendations of the Planning Advisory Commission, and the testimony of the Mason County Department of Community Development and citizens at the hearings on the proposed revisions to Mason County Development Regulations, Section Development Densities and Dimensional Requirements and Section Rural Residential Development Standards, and to Title 16 (Plats And Subdivisions), Chapter , regarding boundary line adjustments; WHEREAS, the Mason County Board of County Commissioners has approved findings of fact to support its decision as ATTACHMENT A; NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners ofmason County hereby approves and ADOPTS the amendments to the Mason County Development Regulations, Ord. No , Section Development Densities and Dimensional Requirements and Section Rural Residential Development Standards, and amendments to Title 16 (Plats And Subdivisions), Chapter , regarding boundary line adjustments, as amended, as described by ATTACHMENT B.

2 ORDINANCE NO.(t6-03, page 2 DATED this L/ _~ day of July, Board of County Commissioners Mason County, Washington Herb Baze, Chair ~ oner ATTEST~, Clerk of lhe Board ~4Jc APPROVED AS TO FORM: / Deputy Prosecuting Attorney

3 ATTACHMENT A AN ORDINANCE AMENDING THE MASON COUNTY DEVELOPMENT REGULATIONS (Ord. No ) AND TITLE 16 (PLATS AND SUBDIVISIONS) REGARDING BOUNDARY LINE ADJUSTMENTS. MASON COUNTY BOARD OF COMMISSIONERS July 1, 2003 FINDINGS OF FACT 1. Under consideration is the proposed ordinance to make revisions to the Mason County Development Regulations Section Development Densities and Dimensional Requirements and Section Rural Residential Development Standards, and to Title 16 (Plats And Subdivisions) regarding boundary line adjustments. 2. Mason County had received complaints from the development community about the inflexibility of the County's boundary line adjustment standard. The County finds that these revisions will allow for greater flexiblity in the application of county regulations while simultaneously meeting the goals of the Growth Management Act. 3. The Mason County Development Regulations (Ord. No ), adopted on May 1, 2000, contains Chapter Development Densities and Dimensional Requirements, including boundary line adjustments. These standards did not adequately address encroachment issues and adequate building areas resulting from proposed boundary line adjustments. 4. The Mason County Development Regulations contains Section Rural Residential Development Standards, which address lot width in proportion to lot depth. This standard is difficult to implement and does not accomplish its intended purpose of preventing odd-shaped lots. 5. Title 16 (Chapter ) has standards for processing boundary line adjustments but does not address reconfiguring lots with adequate areas for future development that meet all of the standards (setbacks, buffers, necessary improvements) of site development. 6. At the April21, 2003 and May 19, 2003 Mason County Planning Advisory Commission meetings, the Department of Community Development presented the current boundary line adjustments standards; a discussion of the concerns by property owners, surveyors, and title companies; and the proposed ordinance text that addresses encroachment issues and adequate building areas. In their review, the Planning Advisory Commission members asked questions of staff on the current standards and the impact of the changes in ordinance text on boundary line adjustment review; following their

4 discussion, members approved a motion to recommend adoption of the new revisions in Development Regulations Section and Section , and changes to Title 16 Chapter At the June 10, 2003 and July 1, 2003 Mason County Board of Commissioners public hearings, the Department of Community Development presented the current development standards and current concerns, and the proposed ordinance text, as recommended by the Planning Advisory Commission, that addresses the lots reconfigured by proposed boundary line adjustments. The questions from the County Commissioners focused on how the ordinance changes would affect the boundary line adjustment process and a person's use of the adjusted lot or lots, and on the input from title companies and surveyors who help various property owners apply for boundary line adjustments. From the preceding findings, the Mason County Board of Commissioners adopted a motion to include the proposed revised text to the Mason County Development Regulations Section Development Densities and Dimensional Requirements and Section Rural Residential Development Standards, and to Title 16 (Plats And Subdivisions) regarding boundary line adjustments, as presented by the Mason County Department of Community Development. Chair, Mason County Board of Commissioners Date

5 ATTACHMENT B MASON COUNTY DEVELOPMENT REGULATIONS AMENDMENTS (ORD , AS AMENDED) A. B. Development Densities and Dimensional Requirements Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DUlac). For non-residential development, development densities are calculated as the amount of building floor area allowed per gross acre ofland, the "floor area ratio" (FAR). For all Development Areas within the County, these development densities are shown in FIGURE or are included in Chapter 1.04 for Rural Lands. This chapter regulates residential lot development through the use of Standard Residential Density limits and Maximum Residential Density limits, as contained in Figure and Chapter The Standard Residential Density shall be applied as follows: 1. On a lot existing at the time of the initial adoption of this chapter (June 17, 1998) and otherwise suitable for residential use, the Standard Residential Density limit is used to determine the allowed number of dwelling units on the site. For example, in the Rural Area Residential 5 zone, a Standard Residential Density is one dwelling unit per five acres. Therefore, a lot of five acres would comply with the Standard Residential Density requirement for one dwelling. 2. If said existing lot does not have an adequate area to comply with the applicable Stan,dard Residential Density requirement, then one dwelling unit may be allowed. For example, in the Rural Activity Centers the Standard Residential Density is one dwelling unit per 2.5 acres. Therefore, if a lot was less than 2.5 acres, a dwelling unit may be allowed, provided that the lot could comply with all o!jler applicable standards and requirements. 3.a. Except through an approved subdivision or performance subdivision, oursuant to Mason County Code Title 16, no residential lot of less than the Standard Residential Density may be created or reduced in size. except through an approved subdivision or performance subdivision, pursuant to Mason County Code Title 16, in which The allowed residential density (allowed number of dwelling units) of the entire original property is allocated to the lots created, or through the provisions of 3b, 3c, or 3d below. For example, in the Rural Area Residential 5 zone, the Standard Residential Density is one dwelling unit per five acres. Therefore, a Rural Area property or parcel of 20 acres might be divided into three lots of 2 acres each and one lot of 14 acres, provided that the 14-acre lot would have the right to only one dwelling and could not be further subdivided for residential purposes. June text is underlined; deleted text is struck through; June 16, 2003 change is italics. J:\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version 1

6 3. b. If a lot has more than one, but not more than four, existing residential dwellings, then the Administrator Director may approve the division of the lot in a manner that establishes each dwelling on a separate lot. Provided that: ( 1) Any new lot created by this method shall be considered a conforming lot. (2) The provisions of this section shall apply only to lots and dwellings that were legally created and built. (3) The provisions of this section shall not apply to dwellings that were permitted as accessory dwellings or temporary dwellings. ( 4) In approving such a subdivision of land, the Administrator Director shall make the following determinations: (a) Each dwelling shall have access by frontage or easement to a public way; (b) Each dwelling shall be c~mnected to a septic system or sewer line adequate to serve the dwelling; (c) Each dwelling shall be served by a sufficient supply of potable water; and (d) The division of land shall occur in a manner that minimizes any non-conformity related to minimum lot size or setback requirement. 3.c Boundary line adjustments. (1) Boundary line adjustments to existing lots in rural residential districts may reduce the size of a lot that is already non-conforming as to density, provided that the lot is not reduced below the minimum lot size of2 acres. \Vhen land is transferred from an existing lot that does not meet the density requirement to another lot under this provision, no rights to increase density are transferred with the land. (2) Boundary line adjustments in rural residential districts for existing lots under 2 acres may reduce the size of the existing non-conforming lot, provided that: Ci) the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the Administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site and qomply with all setback, buffer, and open space requirements to accommodate a residence, driveway, parking, and, where required, a well, storm water system, and septic system and reserve area; or (ii) the new boundary recognizes a logical physical boundary or condition; the net reduction does not exceed 20 percent of the area of the lot; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of ail setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area. June text is underlined; deleted text is struck through; June 16, 2003 change is italics. 2 \\CLUSTER1_HOME_SERVER\HOME\DCCOMMON\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version

7 3.d. (3) Boundary line adjustments in rural residential districts may reduce the size of a lot currently 2 acres or larger to below the minimum lot size of2 acres, provided that: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the Administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to 'resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence. drivewav. parking. and. where required, a well, stonnwater system, and septic system and reserve area. ill Boundary line adjustments in the Rural Residential 5, I 0, and 20 districts. may reduce the size of a lot to below the development density standard, provided that: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the Administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway,. parking, and, where required, a well, stormwater system, and septic system and reserve area. (51) The Administrator may allow expansion of existing lots through boundary line adjustments into adjoining land use districts without requiring compliance with lot size or density requirements of the adjoining district, provided that the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements an adverse possession claim. In order to approve the adjustment, the Administrator must find sufficient evidence of the encroachment and the proposed adjustment is adverse possession claim clear and convincing and the minimum necessary to resolve the issue, or a court must have ordered the claim granted the claim, m order to approve the adjustment. The Administrator shall keep a docket of such approvals for consideration as map amendments at the next annual review. (5) When land is transferred from an existing lot that does not meet the density requirement to another lot under this provision, no rights to increase density are transferred with the land. When property is acquired in fee ownership by the public for public purposes by condemnation or other means: ( 1) no existing lot shall be reduced in dimension or area such that it does not have an adequate area, exclusive of all setback, buffer, and open June text is underlined; deleted text is struck through; June 16, 2003 change is italics. 3. \\CLUSTER1_HOME_SERVER\HOME\DCCOMMON\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version

8 space requirements, to accommodate a residence (or other building where residential use is prohibited), driveway, parking, and, where required, a well, stonnwater system, and septic system and reserve area; and (2) no rural residential district lot shail be divided in such a manner that the total number of residential units allowed after the acquisition would be greater than the total number of residential units allowed prior to the acquisition, but outlots may be created. (3) Acquisition of an easement for road right-of-way does not divide the property. 4. Title 16, Mason County Code, regulates land divisions in Mason County and establishes a review process by which all applicable regulations can be addressed. The allowable size and configuration of any given lot in a land division is determined through this process. Issues to be considered in establishing a minimum size for any particular lot shall include adequate provisions for buffer yards, as set forth in Section , or setbacks in Chapter C. Dimensional Requirements. Dimensional requirements include setbacks, building height restrictions, and maximum allowed lot coverage. These requirements for each Development Area are set forth in FIGURE Maximum height restrictions shall not apply to storage silos, antennas, transmission towers, or water tanks. June text is underlined; deleted text is struck through; June 16, 2003 change is italics. 4 \\CLUSTERl_HOME_SERVER\HOME\DCCOMMON\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version

9 RURAL RESIDENTIAL 1.04 Rural Lands Development Standards Rural Residential 2.5 (RR 2.5) Purpose. This district provides for residential development, at a density of 2.5 acres per residential lot, and where areas of small lot residential development and subdivisions patterns were established before December 5, Uses Permitted. A. USES: Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Group homes, Cell towers, Public utilities. B. ACCESSORY USES: Cottage Industry (home occupation) Lot Requirements. A. Density and lot size. Maximum of 1 dwelling unit per 2.5 acres and one accessory dwelling unit per parcel; a minim.um lot size of 2 acres, except as provided for in an approved performance subdivision. B. Lot width and depth. All lots shall have a minimum average width ofnot less than one third of the median length and a minimum width at any point of 50 feet. C. Front yard setback. 25 feet D. Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling and accessory building is 20 feet, and for accessory structures used for agricultural purposes or home occupations is 50 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet and a lot size up to 1 acre: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as storm water storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet 111:inimum lot size requirements Building Regulations. A. Floor Area Ratio. 1:10 B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks Off-street parking. Two spaces per lot Special Provisions. A. Cell towers shall be.located per Ordinance No Telecommunication Towers. B. Accessory dwelling units are required to meet Section standards. C. Government operated day care centers, essential public facilities, community centers, and schools may exceed 3,000 sq. feet as approved by a special use permit. D. Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over 15% will require a special use permit. E. Front yard and side yard setback may be reduced as provided in Section C or D. MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Deleted text is strikeout] 5

10 Rural Residential 5 (RR 5) Purpose. This district provides for residential development on parcels of 5 acres or more Uses Permitted. A. USES: Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Church, Local community and recreation centers, Group homes, Cell towers, Fire station, Fish hatchery, Public utilities. B. ACCESSORY USES: Cottage Industry (home occupation), Single family residence. C. SPECIAL PERMIT REQUIRED USES: Essential public facility, Schools, commercial day care centers, Home occupations and Cottage Industries that do not meet the standards in Section Lot Requirements. A. Density and lot size. Maximum of 1 principal residence per 5 acres or 1/128th of a section and one accessory dwelling unit per parcel; minimum lot size of 2 acres, except in an approved performance subdivision the minimum lot size is 20,000 sq. ft., and except for fire stations. B. Lot width and depth. All lots shall have a minimum average '.vidth of not less than one third of the median length and a minimum width at any point of 50 f~et. C. Front yard setback. 25 feet D. Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, for accessory buildings shall be 20 feet, for accessory structures used for agricultural purposes or home occupations shall be 50 feet, and for buildings of non-residentialland uses shall be 25 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet and a lot size up to 1 acre: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as storm water storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements Building Regulations. A. Floor Area Ratio. 1:20, except for fire stations. B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildi.ngs, cell towers, antennas, or water tanks Off-street parking. Two spaces per residence. See Parking Ordinance for other land uses; parking setback :for non-residential land uses shall be 25 feet Special Provisions. A. Cell towers shall be located per Ordinance No Telecommunication Towers. B. Accessory dwelling units are required to meet Section standards. C. Government operated day care centers, essential public facilities, community centers, and schools may exceed 3,000 sq. feet as approved by a special use permit. D~ Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over 15% will require a special use permit. E. Front yard and side yard setback may be reduced as provided in Section C or D. MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version (Deleted text is strikeout] 6

11 Rural Residential10 (RR 10) Purpose. This district provides for new residential development on parcels of 10 acres or more Uses ]'ermitted. A. USES: Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Church, Local community and recreation centers, Group homes, Cell towers, Fire station, Fish hatchery, Public utilities. B. ACCESSORY USES: Cottage Industry (home occupation), Single family residence. C. SPECIAL PERMIT REQUIRED USES: Essential public facility, Commercial Child Care Centers, and Home occupations and Cottage Industries that do not meet the standards in Section , Lot Requirements. A. D.ensity and lot size. Maximum of 1 principal residence per 10 acres or 1/64th of a section and one accessory dwelling unit per parcel; minimum lot size of 2 acres, except as provided for in an approved performance subdivision the maximum density which may be allowed is 1 dwelling per 5 acres or 1/128th of a section and minimum lot size is 20,000 sq. ft. B. Lot width and depth. All lots shall have a minimum average v,ridth ofnot less than one third of the median length and a minimum width at any point of 50 feet. C. Front yard setback. 25 feet D. Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, and accessory buildings shall be 20 feet, and for accessory structures used for agricultural purposes or home occupations shall be 50 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet and a lot size up to 1 acre: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as storm water storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements Building Regulations. A. Floor Area Ratio. 1 :20, except for fire stations. B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks Off-street parking. Two spaces per residence. See Parking Ordinance for other land uses; parking setback for non-residential land uses shall be 25 feet Special Provisions. A. Cell towers shall be located per Ordinance No Telecommunication Towers. B. Accessory dwelling units are required to meet Section standards. C. Government operated day care centers, essential public facilities, community centers, and schools may exceed 3,000 sq. feet as approved by a special use permit. D. Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use pem1it, may expand up to 15% cumulatively from their size prior to June 17, 1996, without a special use pem1it. Expansions over 15% will require a special use permit. E. Front yard and side yard setback may be reduced as provided in Section C or D. MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Deleted text is strikeout] 7

12 Rural Residential 20 (RR 20) Purpose. This district provides for new residential development on parcels of 20 acres or more Uses Permitted. A. USES: Single famiiy residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Church, Local community and recreation centers, Fire station, Fish hatchery, Cell towers, Public utilities. B. ACCESSORY USES: Cottage Industry (home occupation), Single family residence. C. SPECIAL PERMIT REQUIRED USES: Essential public facility, Home occupations and Cottage Industries that do not meet the standards in Section Lot Requirements. A. Density and lot size. Standard density of 1 principal residence per 20 acres or 1132nd of a section and one accessory dwelling unit per parcel; minimum lot size of 2 acres, except for an approved performance subdivision the maximum density which may be allowed is I dwelling per 10 acres or 1/64th of a section and minimum lot size is 20,000 sq. ft. B. Lot width and depth. All lots shall have a minimum average v,ridth ofnot less than one third ofthe. median length and a minimum width at any point of 50 feet. C. Front Yard Setback. 25 feet D. Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, accessory buildings shall be 20 feet, and for accessory structures used for agricultural purposes or home occupations shall be 50 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet and a lot size up to 1 acre: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as storm water storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements Building Regulations. A. Floor Area Ratio. 1:20, except for fire stations.. B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks Off-street parking. Two spaces per residence. See Parking Ordinance for other land uses; parking setback for non-residential land uses shall be 25 feet Special Provisions. A. Cell towers shall be located per Ordinance No Telecommunication Towers. B. Accessory dwelling units are required to meet Section standards. C. Essential public facilities may exceed 3,000 sq. feet as approved by the special use permit. D. Essential public facilities, which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over 15% will require a special use permit. E. Front yard and side yard setback may be reduced as provided in Section C or D. MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Deleted text is 8 strikeout]

13 TITLE 16 AMENDMENTS Out lot. An "out lot" is a tract ofland which does not have an adequate area, exclusive of all setback, buffer, and open space requirements, to accommodate a residence (or other building where residential use is prohibited), driveway, and parking, and, where required, a well, stormwater system, and septic system and reserve area; or which is otherwise restricted from development as a residential or commercial lot but may be intended for accessory purposes, such as stormwater management, playground, or open space Boundary Line Adjustment. A division made for the purpose of adjusting boundary lines, which does not create any additional lot, tract, parcel, site, or division containing.wfti.eh contains insufficient area and dimension to.meet minimum requirements for width and area for a building site~~rovided that for lots within a recorded short subdivision, subdivision, non-platted street division, or large lot subdivision, no boundary line adjustment shall be effective until: (a) The proponent is issued a boundary line adjustment certificate from the Planning Department verifying that the proposed division conforms to the requirements of this subsection; (b) The proponent has paid the fee prescribed by the approved fee schedule for review and issuance of the certificate; (c) The proponent has filed an application that includes: (1) An adjusted legal description of the lots affected by the adjustment prepared and certified by a registered land surveyor or Title company; (2) A scale drawing of the lots affected by the adjustment. (d) The certificate, legal description, scale drawing, and notarized declaration have been recorded with the County Auditor by the Planning Department. As used in this section, when any lot, parcel, or tract proposed in a boundary line adjustment does not have an adequate area, exclusive of all setback, buffer, and open space requirements, to accommodate a residence (or other building where residential use is prohibited), driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area, the Administrator shall find an insufficient area and dimension to meet the minimum requirements for width arid area for a building site. When the lots resulting from the proposed boundary adjustment require a variance or waiver for development, such variance or waiver shall be obtained prior to being considererl to have sufficient area and dimension and prior to the boundary line adjustment approval. Where there are existing improvements, such as buildings, that are present in existing setback or buffer areas, such encroachments may be considered in determining if there is sufficient area and width for the building site. A boundary line adjustment which includes out lots may be approved, provided that such tracts are intended for and restricted by covenant to a specified accessory use, such as for stormwater management, common area playground, or open space. Proposed language is underlined; deleted language is struck through. 9 Page J:\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version

14 Lot combinations. When an applicant seeks only to combine two or more lots, parcels, or tracts into a single lot, and no other property boundary changes are proposed, such action shall not be effective until: (a) The proponent has an approval for the lot combination from the Planning Department, verifying that the proposed division conforms io the requirements of this subsection; (b) The proponent has paid the fees prescribed by the approved fee schedule for review and issuance of the certificate; (c) The Planning Department approval, legal description, scale drawing, and notarized declaration have been recorded With the County Auditor by the Planning Department. Applications shall be made on forms provided by the Planning Department. The combination of unplatted land, or platted and unplatted land (includin!l nortions ofnlatted lots) shall be lmown ::~s a lot combination boundary line adjustment or as a lot combination. The combination of platted lots, all of which are complete lots, shall be known as a parcel combination. The application requirements for lot combinations and parcel combinations may differ. Proposed language is underlined; deleted.. language is struck through. Page J:\GMSHARE\DEV-REGS\BLA7-19 June doc BCC review version 10