Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.060 Unlawful conveyances of land.
17.04.010 Title.
This chapter shall be known as the subdivision code for the city. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.020 Purpose.
The purpose of this title is to provide rules, regulations, standards and procedures for subdividing land and adjusting boundary lines within the city to ensure:
A. That the highest feasible quality in subdivisions will be obtained;
B. That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected;
C. That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted;
D. That property provisions for all public facilities, including transportation connectivity and circulation, utilities, and service, shall be made;
E. That maximum advantage of site characteristics shall be taken into consideration; and
F. That the process shall be in conformance with provisions set forth in EMC Titles 15, 18, and 19, as well as the comprehensive plan. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.030 Scope.
This title shall apply to the division of land into two or more parcels and to the modification of lot lines between adjoining parcels. Where this chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, or restrictive covenants, the provisions of this chapter shall prevail. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.040 Exemptions.
The provisions of this title do not apply to:
A. Cemeteries and burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.050 Definitions.
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Boundary line (lot line) adjustment” means the adjustment of common property lines between adjacent lots, tracts or parcels in order to correct property line or setback encroachments, resolve boundary line disputes, create better lot design, or improve access. The adjustment shall not create additional lots, nor shall it result in lots that do not meet current zoning requirements, including lot size.
“Boundary line (lot line) elimination” means the consolidation of two or more lots under the same ownership into a single lot by dissolving the intermediate boundary line(s).
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
“Deed” means a legal instrument of public record, typically in the form of a quit claim or warranty deed, that conveys an area of land described by legal description from the grantor to the grantee during a real estate transaction.
“Easement” means a right granted by a property owner to specifically named parties or to the general public for the use of certain areas or strips of land for particular purposes. “Easement” may also refer to the land covered by the rights granted. This may included pedestrian paths, bicycle paths, utility easements, drainage, open space, etc.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with King County and containing all elements and requirements set forth in Chapter 58.17 RCW or as amended or modified by the state.
“Improvements” means and includes, but is not limited to, streets and roads complying with the development standards and specifications adopted by the city; public utility and pedestrian facilities; street lights; landscape features; bridge structures; storm drainage facilities; and traffic control devices as are required to be installed as a part of subdivision or short subdivision approval.
“Legal description” means a description of real property by government survey, metes and bounds, or lot, tract or parcel number.
“Lot” means an area of land described by legal description within an ownership deed. The following lot types have been identified in order to aid in the subdivision process and in the application of zoning and development regulations:
1. “Legal lot,” also referred to as “legal lot of record” means a lot legally created, approved and recorded by the appropriate jurisdiction at the time of creation. A legal lot may be substandard, nonconforming and unbuildable under its current zoning designation or current city development standards.
2. “Conforming buildable lot” means a legal lot (or combination of adjoining legal lots under common ownership) that does not meet minimum lot size requirements, but may be considered buildable if it can meet all other development requirements of the EMC.
3. “Nonconforming buildable lot” means a legal lot (or combination of adjoining lots under common ownership) that does not meet the minimum lot size requirements of the EMC; it may be considered a buildable lot if it can meet all other requirements of the zoning and development regulations, and:
a. Was created prior to 1937 and has historic documentation showing that its ownership has been transferred separately from all adjacent lots, and is separately described by ownership deed as a standalone lot (not combined with other lots), and as of the date of the ordinance codified in this title is under different ownership from that of all adjoining lots.
b. Was created between 1937 and March 7, 1966.
4. “Unbuildable lot” means a lot that cannot be developed on a standalone basis for a variety of reasons, including but not limited to the following: the lot was not legally created; does not meet current zoning and development regulations; was not created with the intent of serving as a building site, or does not have city-approved legal access to a public right-of-way.
Parcel. See “Lot.”
“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions or dedications.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing lots, tracts, streets, and alleys and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall furnish a basis for the approval or disapproval of the general layout of a subdivision.
“Short subdivision,” also known as “short plat,” means the division of land into four or fewer lots, tracts or parcels for the purpose of development, sale or transfer of ownership. Tracts identified for or with the potential for future subdivision shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater detention are not included in the number of lots created.
“Subdivision,” also known as a “long plat,” means the division of land into five or more lots, tracts, or parcels for the purpose of development, sale or transfer of ownership. Tracts identified for or with the potential for future subdivision shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater detention are not included in the number of lots created. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.060 Unlawful conveyances of land.
It is unlawful for any individual, firm, association, syndicate, co-partnership, trust or any other legal entity, as a principal, agent or otherwise, to offer to transfer, sell to or contract to sell, or to sell any subdivision of land or any part thereof in the city, unless and until all the requirements hereinafter provided have been complied with. (Ord. 2316 § 2 (Exh. A), 2006).