Chapter 18.14
EXEMPTIONS AND EXCLUSIONS
Sections:
18.14.010 Exemptions.
The following land division actions are exempt from the provisions of this title:
(1) Cemeteries and other burial plots while used for that purpose.
(2) Divisions of land into lots or tracts each of which is 1/128 of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline.
(3) A proposed division of land made by testamentary provisions or the laws of descent. Such a proposed division of land shall be submitted to the planning department for review and approval. No building permit shall be issued on a lot created through this process unless the lot meets the requirements of Chapter 19.20 BMC. Testamentary divisions shall also be subject to the following:
(a) Applications for testamentary divisions shall contain a legal description of all proposed lots.
(b) Each lot must adjoin or have legal access to a public road right-of-way or private road easement.
(c) A note shall be recorded on the title of each lot that puts future purchasers on notice of whether or not the lot was created pursuant to applicable lot size requirements for construction, at a minimum, of a single-family dwelling.
(4) Division of land by a binding site plan for sale or lease of commercially or industrially zoned property created in accordance with Chapter 18.28 BMC, provided:
(a) The division meets the density or lot size zoning requirements for the area involved; provided, that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline;
(b) A survey of the binding site plan division conducted by a licensed land surveyor is filed with the Pierce County auditor. The survey shall be recorded and shall include the following notes: “Future development, including but not limited to clearing and grading, new structures and installation of infrastructure, is subject to City of Buckley development regulations;”
(c) Each lot or tract adjoins or has legal access to an existing public road right-of-way or private road easement.
(5) Divisions of land which were legally created prior to July 1, 1974.
(6) A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses on wheels as defined in RCW 35.21.686, or travel trailers is permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with BMC Title 19.
(7) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. Such alterations shall be regulated as provided under Chapter 18.30 BMC.
(8) Divisions of land for use solely for the installation of electric power, natural gas, telephone, water supply, sewer service, petroleum pipelines, or utility facilities of a similar or related nature serving the general public; provided, however, that any remaining lot that is nonconforming with regard to density and size shall be at least of adequate size to accommodate required zoning setbacks and able to meet minimum on-site sewage disposal requirements in the event that sewer lines are not available.
(9) Repealed by Ord. 02-22.
(10) Divisions of land into lots or tracts if:
(a) The improvements constructed or to be constructed thereon will be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;
(b) The city has approved a binding site plan for all such land; and
(c) The binding site plan contains therein the following statement: “All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.”
(11) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.
(12) Division of Land by State Highways. The city recognizes that a parcel has been divided into separate, legal lots by a state road or highway. (Ord. 02-22 § 2, 2022; Ord. 09-20 § 1, 2020).
18.14.020 Exclusions.
The following actions shall not be considered a land division action and are excluded from the provisions of this title:
(1) Assessor-treasurer’s office segregations and combinations for tax purposes only;
(2) Utility easements; and
(3) Boundary line disputes pursuant to RCW 58.04.007. (Ord. 09-20 § 1, 2020).