Chapter 16.70
INNOCENT PURCHASER AND TESTAMENTARY DIVISIONS
Sections:
16.70.070 Application requirements.
16.70.010 Title.
This chapter shall be called “Innocent Purchaser and Testamentary Divisions.” (Ord. 1856 § 2 (Exh. B), 2018).
16.70.020 Application.
A. This chapter shall apply to all lots created through testamentary provisions and laws of descent.
B. Applications for innocent purchaser status shall be subject to this chapter. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.030 Purpose.
A. To provide a means of ensuring that lots created through testamentary divisions comply with applicable zoning and development standards.
B. To provide a process for granting relief to innocent purchasers of lots created in violation of platting and zoning regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.040 Authority.
This chapter is adopted pursuant to chapters 36.70, 36.70A, 36.70B and 58.17 RCW as well as other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.050 Approval required.
A. No lot created by a testamentary division shall be recognized as a legal lot without city approval.
B. No owner of an illegal lot shall be recognized as an innocent purchaser without city approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.060 Review process.
A. Testamentary Divisions. Applications for recognition of lots created through testamentary provisions shall be processed as Type I decisions in accordance with the provisions of BMC Title 14A.
B. Innocent Purchaser. Applications for innocent purchaser status shall be processed as Type II decisions in accordance with the provisions of BMC Title 14A. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.070 Application requirements.
A. Testamentary Divisions. Applications for recognition of lots created through testamentary provisions shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications which include all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
1. A completed application form;
2. Any applicable fees in accordance with the fee schedule established by the city council;
3. Documentation establishing the lots were created by testamentary provisions or the laws of descent;
4. A survey prepared by a land surveyor licensed in the state of Washington showing the area and dimensions of the lots;
5. Legal descriptions for each lot prepared by a title company or surveyor;
6. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy.
B. Innocent Purchaser. Applications for innocent purchaser status shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications which include all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
1. A completed application form;
2. Any applicable fees in accordance with the fee schedule established by the city council;
3. Documentation establishing the owner of the lot purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was created in violation of this title;
4. A survey prepared by a land surveyor licensed in the state of Washington showing the area and dimensions of the lot;
5. Legal descriptions for each of the lots prepared by a title company or surveyor;
6. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.080 Approval criteria.
A. Testamentary Divisions.
1. Each lot shall meet the minimum standards for area and dimension prescribed by the zoning code;
2. Each lot shall adjoin or have legal access to a public road right-of-way or private road easement.
B. Innocent Purchaser.
1. Substantial evidence is provided that clearly indicates the property owner purchased the illegally created lot without notification or knowledge of the fact it was illegally divided from a larger parcel or adjusted without city approval;
2. The property in question shall comply with minimum standards for area and dimension prescribed by the zoning code. Lots that do not comply with the applicable standards for area and dimension may be eligible for recognition provided they are large enough to accommodate a building site outside of the setbacks required by the zoning code, critical areas, and critical area buffers. In such cases a survey shall be submitted showing the location and dimensions of the proposed building envelope. As a condition of approval the survey shall be recorded and shall include a notation indicating that subsequent variances or reasonable use determinations will not be granted for the purpose of authorizing development outside of the envelope shown on the survey;
3. If the property owner owns adjoining lots, and if combining the illegal lot with the adjoining lots would remedy the platting or zoning violation which caused the lot to be considered illegal, the lots shall be combined as a condition of approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.70.090 Effect of approval.
A. Testamentary Divisions. Once recognized by the city lots created by a testamentary division shall be considered legal lots.
B. Innocent Purchaser. If the city recognizes the owner of an illegally created lot as an innocent purchaser the lot shall be considered a legal lot. (Ord. 1856 § 2 (Exh. B), 2018).