The purpose of this chapter is to specify the process and procedures
for lot consolidation, property line adjustment, partition, and subdivision.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A. Applications for land division and property boundary changes will be processed in accordance with Chapter
19.1000 Type I and Type II procedures as indicated in this section.
B. An increase in the number of lots within the original boundaries
of a partition plat must be reviewed as a subdivision when the number
of existing lots that are to be modified combined with the number
of proposed new lots exceeds three.
C. A modification to a plat (i.e., a replat) that relocates or eliminates
all or a portion of a common property line between abutting properties,
including underlying lot lines, that does not create an additional
lot or parcel will be processed as a property line adjustment or lot
consolidation. This process requires a deed to be recorded that stipulates
the lot to be a single lot for development and legal purposes.
D. A replat that results in the creation of a new parcel(s) or lot(s) will be processed as a partition or subdivision, depending on the number of resulting lots and according to the definitions provided in Chapter
17.08.
Table 17.12.020 Boundary Change Summary.
|
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Boundary Change Action
|
Application Type/Land Use Action
|
Review Type
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Consolidating legal lots created by deed.
|
Lot Consolidation
|
I
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Any boundary adjustment that is consistent with the ORS and
this title but does not result in a change in the number of lots.
|
Property Line Adjustment
|
I
|
Any boundary adjustment that is affected by a plat restriction.
|
Property Line Adjustment
|
II
|
A land division, modification, or adjustment that results in
up to 3 lots.
|
Partition
|
II
|
Any division, modification, or adjustment that results in 4
or more lots.
|
Subdivision
|
II
|
Any land division as defined by ORS 197.360 Expedited Land Division
and/or land division of a middle housing project per ORS 197.758.
|
Expedited Land Division
Middle Housing Land Division
|
II
|
(Ord. 1907 (Attach. 1), 2002; amended during Supp. No. 2; Ord.
2001 § 2, 2009; Ord. 2025 § 3, 2011; Ord. 2168 § 2, 2019; Ord. 2219 § 2 (Exh. B), 2022; Ord. 2242, 4/16/2024)
A. Approval Process
A lot consolidation or property line adjustment application is processed through a Type I procedure, as provided in Section
19.1004 and the application requirements in Chapter
17.16.
B. Approval Criteria
The approval authority may approve, approve with conditions, or deny a lot consolidation or property line adjustment based on the approval criteria in Section
17.18.010.
C. Recording Requirements
Upon approval of the proposed lot consolidation or property
line adjustment, the applicant must record or file the signed lot
consolidation or property line adjustment with Clackamas County and
submit a copy of the recorded instrument to the City, to be incorporated
into the record. References to required recorded deeds must be included
on the record of survey.
D. Time Limit
The applicant must submit the copy of the recorded lot consolidation
or property line adjustment survey map to the City prior to the issuance
of any development permits on the reconfigured lots.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A. Conformance With State Statute
All land partition proposals must comply with all state regulations
as provided in ORS Chapter 92, Subdivision and Partitions.
B. Prohibition on Sale of Lots
Sale of lots created through the land partitioning process is
prohibited until the final partition plat is recorded.
C. Approval Through Two-Step Process
A partition application requires a two-step process: the preliminary
plat and the final plat.
1.
Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section
19.1005 and the application requirements in Chapters
17.16 and
17.20.
2.
Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval pursuant to Chapter
17.20. Sale of lots created through the partition process is prohibited until the final plat is recorded.
D. Approval Criteria
The approval authority may approve, approve with conditions, or deny a partition based on the approval criteria in Sections
17.18.020 and
17.18.030.
(Ord. 1907 (Attach. 1), 2002; Ord. 1965 §§ 6, 7, 2006; Ord. 2219 § 2 (Exh. B), 2022; Ord. 2242, 4/16/2024)
A. Conformance With State Statute
All subdivision proposals must comply with all state regulations
as provided in ORS Chapter 92, Subdivision and Partitions.
B. Prohibition on Sale of Lots
Sale of lots created through the subdivision process is prohibited
until the final plat is recorded.
C. Approval Through Two-Step Process
A subdivision application requires a two-step process: the preliminary
plat and the final plat.
1.
Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section
19.1005. An application for a preliminary plat may be reviewed concurrently with an application for a planned development, as provided in Section
19.311, Planned Development Zone PD.
2.
Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval pursuant to Chapter
17.20.
D. Approval Criteria
The approval authority may approve, approve with conditions, or deny a subdivision based on the approval criteria in Sections
17.18.020 and
17.18.030.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)