HomeMy WebLinkAboutNotes, Work COUNTY 9/1/2006
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LAND MANAGEMENT DIVISION
LEGAL LOTS
PUBLIC WORKS DEPARTMENT 125 E 8'" AVENUE, EUGENE OR 97401 .
Planning: 682-3807 Building: 682-3823 Sanitation: 682-3754
This guide outlines zoning and land use laws concerning legal lots. This guide is for informational purposes only and is not to be considered a
substftute for the language of state or local"egulations. The information in this handout is derived from Oregon Revised Statutes (ORS)
Chapters 92 and 215. and the policies of the Lane County Land Management Division.
WHAT IS A LEGAL LOT?
A legal lot is a unit of land (lot or parcel) that conforms to the
applicable regulations that existed at the time the parcel or lot
was first created. It remains a legal lot unless the parcel or lot
lines are changed, the lot lines are vacated, or the unit of land
is further divided. A legal lot is required prior to development of
most uses. When an applicant requests verification of a legal
lot, staff researches the history of the parcel to determine .
compliance with the following requirements. .
WHY IS IT IMPORTANT?
The County will notissue permits for development of a unit of
land that was not lawfully established. This would violate State
and County law.
It is hiahlv recommended that you make sure that the unit of
land you are buying or planning to develop was lawfully
established.
HOW DO YOU IDENTIFY A LEGAL LOT?
An individual unit of land may have been created in a variety of . .
ways. For example, lots or parcels in their original configuration
within an approved final subdivision or parcel plat are legal lots.
Units of land created by an approved subdivision or partition
generally do not need a Legal Lot Verification performed.
Other legal lots can be identified by other means such as those
outlined on the next page under LEGAL LOT CRITERIA.
Lane County Planning Department will assist you in obtaining
property information or by helping you apply for a Leoal Lot .
Verification and a Leoal Lot Notice application.
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THE LEGAL LOT PROCESS
If it isn't immediately apparent by staff that you have a legal lot,
you will be directed to go through the legal lot process. This
process involves two steps, a Legal Lot Verifications and a
Legal Lot Notice.
1) Leaal Lot Verification: State and local laws regulate how a
unit of land must be created. Since laws change frequently, we
. must know how, when, why, and where it was created. With
complete and accurate information, Lane County then applies
the' appropriate law to the unit of land's creation to make an
informed determination.
2) Leaal Lot Notice: Once the County has made a
determination from the Legal Lot Verification, an application for
Legal Lot Notice is the next step. A Legal Lot Notice gives you
and your neighbors the opportunity to voice concems and lor to
submit information that may have been missed during the
Legal Lot Verification determination. With Notice, there is a 12
day appeal process and at the end of the 12" day the Legal Lot
process is final.
WHAT IS NOT AlEGAL LOT
. The following are some misconceptions of a legallo!:
1) A tax lot is not necessarilv a leaallot. A tax lot is a unit of
land used by tlie County Assessor to set a value for property
taxation. Tax lot creation or modification often uses methods
that do not meet Legal Lot standards. Also included in this
category are individual tax accounts. A tax account is used for
taxing purposes and do not necessarily constitute a lawfully
established unit of land.
2) A. unit of land conveved bv deed or contract is not.
necessarilv a ,Leaal Lot. Units of land created by this method
define ownership and title, but do not necessarily mean it was
lawfully created under State and Local laws at the time.
3) A lot or Darcel created bv a land division without final countv
aDoroval is not a leaallok Legal Lots created by a partition or
subdivision' require preliminary approval followed by final
approval by Lane County.
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4) A Leoal Lot Verification after 1992 is not a Leoal Lot until it
has been "Noticed". Legal Lot Verification is an application for
the Planning Department to review how the unit of land was
created. The County will determine whether or not it was
lawfully created. This is called a Preliminary Legal Lot. A
Preliminary Legal Lot only becomes a Final Legal Lot after
Legal Lot Notice is complete.
BOUNDARY AND OWNERSHIP OF A LEGAL LOT
Through the Legal Lot process, Lane County ensures that your
property was created lawfully for development purposes. The'
Legal Lot process does not make claims as to ownership, title
or boundary locations
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1. The unit of land was created by an approved partition;
2. The unit of land was created by an approved subdivision;
3. The unit of land was created by deed, lease or land sales
contract signed prior to any applicable zoning, partitioning
or subdivision ordinances;
4. The unit of land was created by deed, lease or land sales
contract in compliance with applicable zoning
requirements at a time prior to applicable partitioning or
subdivision ordinances;
5. The unit of land was created by deed, lease or land sales
contract between May 2,1962 and March 26,1975, and:
.. Was located in the urbanizing area as shown on the
map entitled "Lane County Urbanizing Area"
contained in the. Revised Subdivision Ordinance
enacted on May 2, 1962, and
. Was a division of land for agricultural purposes, where
each resulting lot or parcel is 5 acres or larger in size,
and
. ,Has a width of not less than 300 feet for the entire
length between the front lot line and rear lot line, and
. ,Has frontage of not less than 300 feet on a street,
provided that such street has a right of way width of
not less than 50 feet and not less than such width as
~ay be called for in the Master Road Plan.
6. The unit of land was created as a result of dedication of a
public road prior to 1990;
7. A unit of land determined to be a legal lot through a prior
County approval of a land use decision or building permit; ,
8. The unit of land was created by a division of land resulting
from a lien foreclosure, foreclosure of a recorded contract
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for the sale of real property or the creation of cemetery lots
9. The unit oi land was created by a surveyed tract prior to
April 8, 1949;
10. The unit of land was created bya circuit court decision
between'Qct.3, 1973 and Oct. 4,1977;
11. The unit of land was created by deed in a'resource zone
from March 26, 1975 to August 31, 1978 and not more
than three, units of land were created in a calendar year,
and:
. Each resulting unit of land constituted a government
lot, or
. Each unit of land contained at least 38 acres.
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13. The unit of lana was createa'liy the sale or grant of federal
lands by the federal government;
14. 'The unit of land is recognized as a legal Iotas the result of
court decisions or LUBA opinions; ,
15. The unit of land is the remainder of a parcel divided under
a method listed above;
16, The unit of land has previously been detennined to be a
legal lot.
Other Considerations:
Words such as "and" or "also" in legal descriptions in deeds or
other instruments conveying real property, do not operate to
establish individual legal lots unless the properties are
noncontiguous.
Reconfigured lots or parcels must follow applicable' Property
Line Adjustment laws to be considered a legal lot (See
Property Line Adjustment Handout).' A Property Line
. Adjustment does not create additional lots or parcels
Version 3-06
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Planner: -L~6d:-ll.L.tJlL
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