(A) In order to allow an owner of multiple adjoining discrete lots or parcels to construct upon the area of land under the same ownership and without regard to interior lot lines (treating the entirety of the land as a single lot or parcel by reference to the exterior perimeter lines only), the city recognizes three separate methods to permit such construction pursuant to § 155.190:
(1) Re-plat of the lots under the same ownership pursuant to O.R.S. 92.180 et seq. into one or more lots or parcels, and satisfying the criteria and provisions of Chapter 152;
(2) Lot/parcel line adjustment per O.R.S. 92.010(11) and 92.190, provided that each resulting lot or parcel meets the criteria for a new discrete lot or parcel pursuant to this chapter and Chapter 152;
(3) A deed restriction recorded against each lot or parcel proposed to be used for purposes of setback and other requirements or restrictions within this chapter and Chapter 152, which satisfies the following requirements:
(a) The deed restriction identifies the city as a third party beneficiary of the restriction;
(b) The deed restriction states that no lot or parcel identified within the document may be sold separately from any other lot or parcel within the restriction;
(c) That the intent of the deed restriction is to treat the combined land within the identified lost or parcels as a single lot or parcel for purposes of this chapter and Chapter 152; and
(d) That the deed restriction runs with the land.
(B) Procedure for removal of deed restriction. The procedure to be followed in applying for removal of the deed restriction established pursuant to division (A)(3) shall be the same as those provided in §§ 155.085 through 155.094.
(C) Criteria for review of request for removal of deed restriction. The Planning Commission may authorize removal of the deed restriction established pursuant to division (A)(3) if the following conditions are satisfied:
(1) Each discrete lot or parcel and any structures thereon meet all requirements of this chapter and Chapter 152 in effect at the time of the application, including, but not limited to, setbacks, street frontage, minimum parcel size for new lots, primary structures and/or uses, accessory structures and/or uses, and limitations on single dwellings per lot or parcel;
(2) All utility services and equipment remain on and within the lot or parcel on which the structure they serve is located; and
(3) In permitting the removal of the deed restriction, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole.
(Ord. 514, passed 5-12-2008)