Benton County Public Works Surveyor's Office - Property Line Adjustments

Chapter 94: Property Line Adjustments

94.005 Scope. No person shall relocate a property line in unincorporated Benton County without approval of a property line adjustment pursuant to this chapter. [Ord 7, Ord 90-0069, Ord 96-0118]

94.105 Standards. A property line may be adjusted between two adjoining properties provided that:

(1) Each existing property is a legally divided unit of land.

(2) Each resulting property complies with the minimum parcel or lot size requirement for the zone, except:

(a) A parcel or lot which is currently smaller than the minimum parcel or lot size need not comply with the minimum parcel or lot size requirement of the zone in which it is located.

(b) The minimum parcel or lot size shall not apply when the property line adjustment corrects the encroachment of any structure over a property line.

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(3) Any on-site sewage disposal system is protected to the satisfaction of the County Sanitarian. Where the property line adjustment may encroach on an existing system or replacement area, the applicant shall clearly identify the location of the system and replacement area. The Sanitarian may require an on-site inspection to locate the system and replacement area.

(4) Each resulting property complies with the general property design standards set forth in Benton County Code (BCC) 99.305 to 99.315, and the setbacks of the zone.

(5) Each resulting property complies with the access or frontage standards of BCC 99.405 to 99.420.

(6) If a property or structure does not currently conform to any standard of this section, the property line adjustment shall not increase the degree of non-conformity to that standard. [Ord 7, Ord 90-0069, Ord 92­0092, Ord 96-0118]

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94.205 Initiating the Review Procedure. (1) Any application for a property line adjustment shall be accompanied by a map which illustrates that the proposed property line adjustment complies with the standards of this chapter.

(2) The map shall conform to map standards established by the Planning Official.

(3) A survey of the adjusted property line shall be completed for all lands zoned Urban Residential (UR) and Rural Residential (RR) and for resulting properties of ten acres or less in other zones. [Ord 7, Ord 90­0069, Ord 92-0092, Ord 96-0118]

94.210 Decision. (1) No public notice or hearing is required for an application for a property line adjustment, unless the property is zoned Exclusive Farm Use.

(2) The Planning Official shall approve or deny the proposal, based upon findings justifying the decision.

(3) If the property line adjustment is approved, the Planning Official shall sign and date the property line adjustment map and Notice of Decision.

(4) The Planning Official shall collect the current recording fees from the applicant and record the Notice of Decision of the property line adjustment in the County Deed Records. [Ord 7, Ord 90-0069, Ord 96­0118]

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