Or. Admin. Code § 350-082-0570 - Lot Line Adjustments
(1)
The following guidelines shall apply to lot line adjustments in the GMA.
(a) Lot line adjustments for parcels in all
land use designations except Agriculture-Special, Open Space, Commercial,
Public Recreation, or Commercial Recreation shall comply with the following
standards:
(A) The lot line adjustment shall
not result in the creation of any new parcel(s).
(B) The lot line adjustment shall not result
in the potential to create a new parcel(s) or residential development in excess
of the maximum density allowed by the land use designation(s) for the affected
parcels.
(C) The lot line
adjustment shall not allow a parcel that is equal to or larger than the minimum
parcel size before the lot line adjustment to become less than the minimum
parcel size after the lot line adjustment, except to allow a public or
non-profit entity to acquire land for the purpose of protecting and enhancing
scenic, cultural, recreation or natural resources, provided the land to be
acquired would be protected by a conservation easement or other similar
property restriction that precludes future land divisions and
development.
(D) The lot line
adjustment shall not allow a parcel that is smaller than the minimum parcel
size to be reduced in size, except to accomplish one of the following purposes:
(i) Resolve boundary disputes, correct
physical encroachments, provide reasonable access, or meet buffer or set back
requirements, provided that the parcel to be enlarged would not become eligible
for a subsequent land division, the amount of land transferred would be the
minimum necessary to resolve the issue, and the transfer would not cause a
development or land use that currently meets a required setback or buffer to
become out of compliance with that required setback or buffer, or cause a
development or land use that currently does not meet a required setback or
buffer to become out of compliance with that required setback or buffer to a
greater extent.
(ii) Allow a public
or non-profit entity to acquire land for the purpose of protecting and
enhancing scenic, cultural, recreation or natural resources, provided the land
to be acquired would be protected by a conservation easement or other similar
property restriction that precludes future land divisions and
development.
(E) The lot
line adjustment shall not allow the boundary of a parcel designated Large-Scale
Agriculture, AgricultureSpecial, Commercial Forest Land, Large Woodland or Open
Space to be extended into another land use designation for the purpose of
establishing a dwelling under less stringent guidelines (e.g., extending a
parcel designated GMA Large-Scale Agriculture into a parcel designated Rural
Center or Residential).
(F) The lot
line adjustment shall not allow previously approved parcels or development to
violate conditions of approval or become out of compliance or further out of
compliance with existing land use and resource protection guidelines,
including, but not limited to, requirements for buffer zones and
landscaping.
(G) The lot line
adjustment shall not result in a parcel that cannot comply with existing land
use and resource protection guidelines, including, but not limited to
requirements for buffer zones and landscaping.
(b) Lot line adjustments for parcels
designated Agriculture-Special or Open Space shall comply with the following
standards:
(A) The lot line adjustment may be
allowed upon demonstration that it is necessary to facilitate efforts to
protect and enhance scenic, cultural, natural, or recreation resources. (Note:
There is no specified minimum parcel size for parcels designated Open
Space.)
(B) The lot line adjustment
shall comply with subsections (1)(a)(A), (B), (E), (F), and (G)
above.
(c) Lot line
adjustments for parcels designated Commercial shall comply with subsections
(1)(a)(A), (B), (E), (F), and (G) above.
(d) Lot line adjustments for parcels
designated Public Recreation or Commercial Recreation shall comply with the
following standards:
(A) The lot line
adjustment may be allowed upon demonstration that it is necessary to
facilitate, enhance, or otherwise improve recreation uses on the parcel. (Note:
There are no specified minimum parcel sizes for parcels designated Public
Recreation or Commercial Recreation.)
(B) The lot line adjustment shall comply with
subsections (1)(a)(A), (B), (E), (F), and (G) above.
(2) The following guidelines shall
apply to lot line adjustments in the SMAs.
(a)
The proposed lot line adjustment shall not result in the creation of any new
parcel(s).
(b) A lot line
adjustment shall not result in a parcel greater than or equal to 40 acres with
a dwelling becoming less than 40 acres.
(c) A lot line adjustment shall not result in
a parcel less than 40 acres becoming 40 acres or greater.
(d) A parcel that is smaller than 40 acres
shall not be reduced in size, except to accomplish one of the following
purposes:
(A) Resolve boundary line disputes,
correct physical encroachments, provide reasonable access, or meet buffer or
set back requirements, provided that the parcel to be enlarged would not become
40 acres or greater and the amount of land transferred would be the minimum
necessary to resolve the issue.
(B)
Allow a public or non-profit entity to acquire land for the purpose of
protecting and enhancing scenic, cultural, recreation or natural resources,
provided the land to be acquired would be protected by a conservation easement
or other similar property restriction that precludes residential
development.
(e) The lot
line adjustment shall not cause previously approved parcels or development to
violate conditions of approval or become out of compliance or further out of
compliance with existing land use and resource protection guidelines,
including, but not limited to, requirements for buffer zones and
landscaping.
(f) The lot line
adjustment shall not result in a parcel that cannot comply with existing land
use and resource protection guidelines, including, but not limited to
requirements for buffer zones and landscaping.
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