Chapter 18.04
ADMINISTRATION
Sections:
18.04.050 Divisions of land—Compliance required.
18.04.060 Boundary line adjustments—Compliance.
18.04.010 Title.
The ordinance codified in this title shall be known as the “Land Division Ordinance of the City of Everett.” (Ord. 2328-98 § 1(A), 1998)
18.04.020 Authority.
These regulations are authorized by Chapter 58.17 RCW and other applicable state laws and city ordinances. (Ord. 2328-98 § 1(B), 1998)
18.04.030 Purpose.
A. The purpose of these regulations is to regulate the divisions of land and to promote the public health, safety, and general welfare in accordance with standards established by the state and city; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to provide for adequate provisions for water, sewer, parks and recreation areas, sites for school and school grounds and other public requirements; to provide proper ingress and egress; to provide for the expeditious review and approval of developments that may require a division, redivision, alteration or vacation and a boundary line adjustment of land; to adequately provide for the housing and commercial needs of the citizens of the city; to promote design that is compatible with the natural environment; to implement the comprehensive plan; and to require uniform monumenting of land and conveyancing by accurate legal description.
B. It is further the purpose of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.
C. It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.
D. Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents. (Ord. 2328-98 § 1(C), 1998)
18.04.040 Jurisdiction.
These regulations shall apply to all divisions, redivisions, alterations or vacations and boundary line adjustments of all lands within the incorporated area of the city of Everett. Where the requirements of this title conflict with the unit lot subdivision regulations of Chapter 19.15A, the requirements of Chapter 19.15A shall control. (Ord. 3378-14 § 1, 2014: Ord. 2328-98 § 1(D), 1998)
18.04.050 Divisions of land—Compliance required.
Every division, redivision, alteration or vacation of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of state law and this title. All contiguous parcels of land under common ownership, regardless of date of acquisition or location in different lots, tracts, parcels, sites, tax lots or separate government lots that are subject to a division of land shall constitute a single application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for a comprehensive development approach in accordance with the requirements of Title 15 of this code, Local Project Review Procedures, and this title. (Ord. 2536-01 § 1, 2001: Ord. 2328-98 § 1(E)(1), 1998)
18.04.060 Boundary line adjustments—Compliance.
Every adjustment of a boundary line on a lot or lots, tracts, parcels or sites shall proceed in compliance with the provisions of this title. The boundary line adjustment process shall not be utilized as a substitute for a comprehensive development application for a division of land. All boundary line adjustments shall be subject to the requirements and review process as defined in Title 15 of this code, Local Project Review Procedures. (Ord. 2536-01 § 2, 2001: Ord. 2328-98 § 1(E)(2), 1998)
18.04.070 Exemptions.
A. The provisions of this title shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. A division made by testamentary provisions or the laws of descent;
3. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved by the city for the use of the land, pursuant to Title 17 of this code, Mobile Home Parks;
4. A division of land for the purpose of dedication to the city for municipal purposes; and
5. A division of land that was created by a tax segregation process that is consistent with the tax segregation provisions of this title.
B. The exemptions provided herein shall not be construed as exemptions from compliance with all other applicable standards required by the city and state. (Ord. 2536-01 § 3, 2001: Ord. 2328-98 § 1(E)(3), (4), 1998)
18.04.080 Definitions.
1. “Adjacent property owner” means an owner of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed division of land. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
2. “Alley” means a public or private right-of-way built to city standards primarily designed to serve as primary vehicle access to the side or rear of the properties whose principal pedestrian frontage is on a city street.
3. “Alteration” means any alteration of a recorded subdivision or short subdivision or portion thereof, except as provided in RCW 58.17.040(6) and Title 15 of this code, Local Project Review Procedures, that would alter, redesign or eliminate a public street, easement access drive, common ownership area(s), greenbelt(s), environmentally sensitive area(s), open space tract(s), and restrictive covenant(s) required by the city to be shown on the face of the final plat or short plat map.
4. “Applications, multiple” means more than one application for a division of land submitted on the same property, contiguous property or on property that is currently being reviewed or has been granted preliminary approval by the city.
5. “Applicant” means the person or entity proposing a project. “Applicant” includes private or public entities. The applicant shall be the owner of the land or authorized representative. “Applicant” includes the entity or person for which an authorized representative is submitting an application.
6. “Binding site plan” means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership with a site plan, as authorized by RCW 58.17.035.
7. “Binding site plan map” means a final drawing to scale which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters required by the city to be identified, and which contains:
a. Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city;
b. Provisions requiring any development to be in conformity with the site plan;
c. Provisions in which an applicant can offer for sale, lease, or transfer of ownership of lots, parcels, tracts or sites;
d. Provision for including required dedications;
e. Requirements for filing for record with the county auditor; and
f. All elements and requirements set forth in state law and in this title.
8. “Block” means a group of lots, tracts, parcels, or sites within well defined and fixed boundaries.
9. Bond. See “Suitable guarantee”.
10. “Boundary line adjustment” means an adjustment of lot lines represented by platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site or division of land, nor create any lot, tract, parcel, site, or division of land which contains insufficient area and dimension to meet minimum requirements specified by the Everett zoning code for lots, tracts, parcels, sites or division of land.
11. “Boundary lines” means lot lines that separate and establish an area with fixed limits for lots, tracts, parcels, or sites.
12. “Boundary line adjustment map” means a drawing to scale showing all the required information as specified by this title for boundary line adjustments.
13. “Building setback line (BSL)” means a line establishing the minimum distance a building may be located from any property line, environmentally sensitive area, or hazard areas as defined by the Everett zoning code, other applicable codes, and this title.
14. “Building site” means a portion of the lot occupied or to be occupied by a building(s) that is identified on the face of the proposed division map.
15. “Certificate of occupancy” means a certification by the city that a building has been approved for occupancy by the public.
16. “Certificate” means a report by a title insurance company certifying that the title of lands as described and shown on the map for the proposed division of land is in the name of the owners signing the declaration of ownership and final division map.
17. “City”, for the purpose of this title, shall be the city of Everett.
18. “City engineer” means the city engineer or designee for the city of Everett.
19. “City standards” means the city of Everett public works department design and construction standards and specifications.
20. “Cluster short subdivision” means an alternative process to a conventional short subdivision of more than six and less than ten lots that provides for more flexibility in design as defined in the Everett zoning code and this title.
21. “Cluster subdivision” means an alternative process to a conventional subdivision of ten lots or more that provides more flexibility in design as defined in the Everett zoning code and this title.
22. “Commercial zone” is as established in the Everett zoning code.
23. “Common ownership” means an ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, entity, or unincorporated association.
24. “Comprehensive plan” means the city of Everett comprehensive plan.
25. “Condition” means a requirement placed on the approval of a proposed project to make it consistent with Titles 18, 19, and 20 of this code, and city standards. A condition may require the installation of improvements to city standards and or may be shown as conditions of approval or restrictive covenants on the final division map.
26. “Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration, a survey map and plans have been recorded pursuant to Chapter 64.32 RCW, the Horizontal Property Regimes Act, and Chapter 64.34 RCW, the Condominium Act.
27. Contiguous Property or Land. A lot, tract, parcel or site shall be considered contiguous when at least one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another lot, tract, parcel or site, either along a common line or at any point.
28. Contiguous Property Owner(s). An owner of a lot, tract, parcel or site shall be considered contiguous when at least one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another lot, tract, parcel or site in a proposed application for a division of land. If the proponent of the application for a division of land has lots, tracts, parcels or sites under common ownership that are contiguous to the proposed application, he/she shall not be considered to be a contiguous property owner.
29. “Dedication” means the deliberate appropriation of land by its owner for any general and public use, reserving to himself or herself 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.
30. “Dedicatory statement” means a statement or representation on the final division map of those conditions and restrictions required to appear on the face of the final division map as a condition of approval.
31. “Director” means the director or designee of the planning and community development department for the city of Everett.
32. “Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title which alters or affects the shape, size or legal description of any part of the owner’s land.
33. “Easement access drive” means a road in private ownership utilized principally for providing access to lots, tracts, parcels or sites from an improved public right-of-way.
34. “Easement access lot” means any lot whose principal means of access is from an easement access drive.
35. “Easement access front lot” means an easement access lot that fronts on a public street.
36. “Easement access interior lot” means an easement access lot that is not a front lot or a rear lot. An example would be the middle lot of a three-lot easement access short subdivision.
37. “Easement access rear lot” means an easement access lot located at the end of an easement access drive and which contains at least a portion of the rear lot line of the parent lot. These lots are typically, but not always, located the furthest from the public street as compared to other lots within an easement access short plat.
38. “Encroachment” means any physical appurtenance including, but not limited to, buildings, walls, roof overhangs, fences and hedges that has been established across a lot line of record. Within the context of a land division action or boundary line adjustment, such a physical appurtenance shall be considered an encroachment if any portion of the structure is located on a lot that is not subject to the land division or boundary line adjustment action. The term “gap” shall be distinguished from an encroachment.
39. “Environmentally sensitive area” means an environmentally sensitive area as defined by the Everett zoning code.
40. “Established neighborhood organizations” means neighborhood organizations which are formally recognized by the city’s office of neighborhoods.
41. “Everett Municipal Code” means a codification of city regulations on file with the city clerk referred to herein as “this code.”
42. “Final approval” means the final official action taken by the city on a proposed division of land where all the conditions of preliminary approval have been met.
43. “Final binding site plan map” means the final permanent reproducible binding site plan map prepared for filing for record with the county auditor, which meets all the standards as specified in this title.
44. “Final short plat or cluster short plat map” means the final permanent reproducible drawing of a short subdivision prepared for filing for record with the county auditor.
45. “Final plat or cluster plat map” means the final permanent reproducible drawing of a prepared subdivision and dedication required for filing for record with the county auditor.
46. “Final unit lot short subdivision” means the final permanent reproducible drawing of a prepared unit lot short subdivision and dedication required for filing for record with the county auditor.
47. “Final unit lot subdivision” means the final permanent reproducible drawing of a prepared unit lot subdivision and dedication required for filing for record with the county auditor.
48. “Gap” means the area between a lot line of record and a physical appurtenance creating an apparent property line which is beyond the lot line of record of the property subject to a land division or boundary line adjustment action.
49. “Hearing examiner” means the land use hearing examiner for the city.
50. “Improvement” means any structure or work constructed including, but not limited to, roads, storm drainage systems, sanitary sewage facilities, water mains, parks, and pedestrian and landscaping improvements.
51. “Industrial zones” is as established in the Everett zoning code.
52. “Lot” means a fractional part of divided lands having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements or standards specified in this title for street frontage, depth, width, and area. The term shall include tracts, parcels, and sites.
53. “Lot depth” means the mean distance between the front lot line and the rear lot line, or as defined in the city’s zoning code. For easement access lots, minimum lot depth may be different from zoning code standards. For panhandle lots, lot depth is measured only on the portion of the lot excluding the panhandle.
54. “Lot width” means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or as defined in the city’s zoning code. For easement access lots, minimum lot width may be different from zoning code standards. For panhandle lots, lot width is measured only on the portion of the lot excluding the panhandle.
55. “Open record public hearing” means an open public hearing as defined by Title 15 of this code, Local Project Review Procedures.
56. “Panhandle lot” means a lot where access is provided to the bulk of the lot by means of a narrow strip of land which functions primarily to provide access and/or utilities to the lot and which has insufficient remaining width to permit a dwelling unit.
57. “Parent lot” means a lot proposed for, or which has been, further divided into additional lots, tracts or parcels.
58. “Person,” for the purpose of this title, shall include, but not be limited to, the following: individuals, corporations, associations and partnerships.
59. “Phasing plan” means a plan approved by the city for incremental installation of public and private improvements.
60. “Preliminary approval” means an official action on a proposed division of land that refers to placement of specific conditions which must be complied with before final approval may be granted.
61. “Preliminary plat, short plat, cluster plat or cluster short plat, and binding site plan” means a neat and approximate drawing of a proposed division of land showing the general layout of streets, lots, blocks, existing and proposed easements, and other elements consistent with the requirements of this title.
62. “Redivision” means the division of land in an approved subdivision, short subdivision, or binding site plan.
63. “Restrictive covenant” means a restriction or control imposed on the use of land other than by a condition or easement. A restrictive covenant runs with the land and may be placed on the face of the final division map or filed separately at recording of the final division maps.
64. “Request for final approval” means a request made by the applicant for final approval of a division of land, when the applicant has completed all the requirements of preliminary approval.
65. “Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
66. “Site plan” means an accurate drawing to scale including all information required by this title or the ordinance applying to the underlying land use permit approved by the city consistent with Titles 18, 19, and 20 of this code.
67. “Special studies” means a report prepared by a professionally licensed person qualified by training to have expert knowledge of the subject of the study. The report will be prepared in accordance with the standards specified by the city engineer or director.
68. “Subdivision” means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
69. “Suitable guarantee” means an acceptable guarantee to the city to insure performance and/or warranty of improvements.
70. “Survey” means a survey of the proposed division of land or boundary line adjustment along with the preparation of the required maps done by or under the supervision of a registered land surveyor in the state of Washington. The division of land or boundary line adjustment map that is to be prepared shall be a true and correct representation of lands actually surveyed in accordance with RCW 58.17.250 and this title.
71. “Topography” means an actual field topography survey showing on a map the relative positions and elevations of the land done by or under the supervision of a registered land surveyor in the state of Washington. All topography surveys must be done per city of Everett datum and must show the location of bench marks used.
72. “Unit lot short subdivision” means the division or redivision of land authorized by Chapter 19.15A into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
73. “Unit lot subdivision” means the division or redivision of land authorized by Chapter 19.15A into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
74. “Vacation” means any eradication of lot lines or elimination of any area designated or dedicated for public use within a recorded subdivision or short subdivision or portion thereof, except as provided for in the city’s boundary line adjustment ordinance and in accordance with the city street vacation ordinance and Chapters 35.79 and 36.87 RCW.
75. “Everett Zoning Ordinance” means Title 19 of this code. (Ord. 3379-14 § 1, 2014; Ord. 3378-14 § 2, 2014; Ord. 2718-03 §§ 1—4, 2003; Ord. 2536-01 §§ 4, 5, 2001; Ord. 2328-98 § 1(F), 1998)
18.04.090 Enforcement.
Unless otherwise provided, violations of this title are punishable under Chapters 1.16 and 1.20 and as otherwise provided by law and in Section 1.20.020, and are subject to injunctive and other forms of relief which the city may seek. (Ord. 3433-15 § 6, 2015)