Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.040 Specific exemptions.
16.02.050 Legal lot criteria for building or transfer of ownership.
16.02.055 Innocent purchaser and public interest exceptions.
16.02.060 Regulations mandatory.
16.02.070 Division of lots with more than one residential structure.
16.02.085 Vacation of subdivision.
16.02.090 Alteration of subdivision.
16.02.100 Development standards.
16.02.010 Title.
The ordinance codified in this title shall be known as the “Lewis County Subdivision Code.” [Ord. 1269 §1, 2016; Ord. 1169, §1,I,A (2000)]
16.02.020 Purpose.
The provisions contained in this title are necessary to regulate the subdivision of land in accordance with Chapter 58.17 RCW and the Lewis County comprehensive plan, and to promote the public health, safety, and general welfare of Lewis County. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,B, 2000]
16.02.030 General scope.
Subdivisions, short subdivisions, and large lot subdivisions or any redivisions thereof shall be presented for review in accordance with the provisions of this title. This title shall apply to all subdivisions and short subdivisions, and large lot subdivisions, and to any redivisions thereof of any property held in contiguous ownership as of July 26, 1999, unless specifically exempted by LCC 16.02.040. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,C, 2000]
16.02.040 Specific exemptions.
The provisions of this title shall not apply to:
(1) Cemeteries. Cemeteries and other burial plots while used for that purpose;
(2) Testamentary Divisions. Divisions made by testamentary provisions or the laws of descent; provided there can be only one lot per heir or devisee. A map of the division must be recorded with the Lewis County auditor when each parcel is transferred. The map must be signed by all beneficiaries to the property. Lots created through such divisions are deemed legal notwithstanding minimum lot size or density requirements imposed through the zoning ordinance. However, such lots and all land uses carried out on such lots are subject to all other standards and requirements of law, including, but not limited to, lot size requirements for on-site sewage disposal systems contained in Chapters 8.40 and 8.41 LCC;
(3) Assessor’s Plats. Assessor’s plats made in accordance with RCW 58.18.010, RCW 58.17.240, and RCW 58.17.250;
(4) Mobile Home Parks. A division for the purpose of lease when the land is to be developed as a mobile home park and a binding site plan has been approved pursuant to Chapter 15.30 LCC;
(5) Contiguous Lots. The transfer of ownership of contiguous platted lots if:
(a) The lots were created after June 9, 1937, or
(b) The lots transferred were created and separately developed prior to June 9, 1937;
(6) Condominiums. A division which is made by subjecting a portion of the land to Chapter 64.32 RCW (condominiums) and for which a binding site plan has been approved;
(7) Industrial and Commercial Site Plans. A division within an industrial or commercial zoning district is approved when the following conditions apply:
(a) The site plan limits the use of the land to industrial or commercial use,
(b) A preliminary binding site plan is approved pursuant to procedures in Chapter 16.15 LCC,
(c) For those portions of the land subject to the site plan that are to be leased, sold, or transferred, a final binding site plan is approved and recorded within two years of the preliminary binding site plan approval referenced in subsection (7)(b) of this section and in accordance with the procedural requirements in Chapter 16.10 LCC. Upon application within the time period and upon good cause shown, the administrator may grant one year time extensions to record the final binding site plan, and
(d) When a site plan meeting the requirements of subsections (7)(a) and (7)(b) of this section has been approved and the land which is subject to the site plan is thereafter proposed to be divided by lease, sale, and other transfer of ownership, the division shall not be effective until the requirements of subsection (7)(c) of this section have been met;
(8) Boundary Line Adjustment. A division made for the purpose of alteration by adjusting boundary lines which does not create any additional lot, tract, parcel, site or division and does not create a resulting lot, tract, parcel, site or division containing insufficient area and dimension to meet minimum requirements for width and area of the zone. Boundary line adjustments shall be processed as a Type I permit subject to Chapter 17.05 LCC.
(a) Review Process. Boundary line adjustment applications shall be reviewed by the department of community development and/or other appropriate county departments, state or federal agencies for conformity with existing regulations and policies:
(i) If a proposed boundary line adjustment has any structure(s), individual well(s), or septic system(s) the application shall be reviewed by Lewis County public health for compliance with health regulations. All costs for such review shall be paid in advance by the applicant.
(ii) If a proposed boundary line adjustment has a potential effect on existing access or drainage systems, the application shall be reviewed by Lewis County public works for compliance with access and stormwater requirements. All costs for such review shall be paid in advance by the applicant.
(b) Criteria for Approval. A proposed boundary line adjustment shall meet the following criteria:
(i) Only parcels that are legal lots of record for building sites shall be allowed to complete the boundary line adjustment process;
(ii) A boundary line adjustment shall not detrimentally affect access, be inconsistent with Lewis County development regulations, or adversely affect public health and safety;
(iii) If within an approved subdivision, a boundary line adjustment shall not violate the conditions of subdivision approval; and
(iv) The proposed boundary line adjustment shall not make any land use nonconforming or more nonconforming as defined by the Lewis County Code.
(c) Preliminary Approval. The applicant shall address all the conditions of the preliminary approval of a boundary line adjustment prior to recording the boundary line adjustment.
(d) Recording of Approved Boundary Line Adjustments. Within 30 days of the final approval of a proposed boundary line adjustment, the legal description, scale drawing (map) and notarized declaration shall be recorded with the Lewis County auditor by either the applicant or the community development department; all costs associated with such recording shall be paid in advance by the applicant.
(e) Boundary Line Adjustment Limitation. An approved boundary line adjustment is only Lewis County’s consent to the necessary transfer of property that must be accomplished by the owner(s) to change the property boundaries of the lots affected.
(f) Disclaimer. Approval of a boundary line adjustment does not represent or warrant that any lot so altered by an approved boundary line adjustment is suitable for development. All boundary line adjustments filed with the auditor shall contain the following on the recorded map:
The lots affected by this boundary line adjustment have not been reviewed for permit purposes for future development and/or construction by Lewis County Public Health and Social Services, Public Works, Community Development or other State and Federal agencies, and may not be suitable for development.
(9) Divisions of land into lots or tracts each one of which is:
(a) One-thirty-second of a section of land or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land; or
(b) One-eighth of a section of land or 80 acres or larger if within a forest land of long-term commercial significance (FRL) zoning district; and
(c) For purposes of computing the size of a lot that borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(10) Public Use and Benefit. Divisions of land relating to the acquisition or exchange of land by public agencies, taxing district, governmental body or utility provider authorized to hold land for public use and benefit, for public use and occupancy, including but not limited to land divisions made for road construction, electric power, water supply, sewer service or other utility facilities. The following shall be provided as a part of the exempt division of land for a public use and benefit:
(a) A record of survey for the segregated property, prepared by a professional land surveyor licensed by the state of Washington, shall be submitted; and
(b) A notice shall be placed on the face of the survey map stating:
This public use segregation is created solely for purposes of public use and benefit. Any subsequent conveyance of this property for purposes other than that approved for public use and interest shall comply with all current Lewis County Code requirements for subdivision and development at the time of such conveyance and subsequent property development.
(c) The remnant property shall have sufficient lot area to meet health department requirements, and all other criteria to comply with applicable Lewis County regulations;
(11) Conservation Lots. Conservation lots are created for purposes of environmental mitigation, conservation or restoration, owned in fee simple interest by a registered, nonprofit conservation land trust or government agency. Such lots may not be created so as to make the remaining lot unbuildable or less than the minimum lot size for the zoning in that area. For the purposes of this chapter, an unbuildable lot shall be defined as a lot which is unable to be developed without a variance or reasonable use exception. Surveys and/or deeds recorded for the purpose of creating such conservation lots shall:
(a) Be prepared by a professional land surveyor licensed by the state of Washington, and shall be submitted with a notice placed on the face of the survey map stating:
This conservation lot segregation is created solely for purposes of environmental mitigation, conservation or restoration. Any subsequent conveyance of this property shall continue use of the property for the purpose of environmental mitigation, conservation or restoration.
(b) Be annotated with language that prohibits human habitation, conversion of native vegetation to another use, or construction of buildings and other structures.
(c) Contain a note explaining the purposes of the exempt lot, such as the protection of a particular species, habitat conservation or critical area preservation, and listing the entity responsible for management of the exempt parcel.
(d) Be reviewed and approved by Lewis County community development prior to recording with the Lewis County auditor’s office. [Ord. 1269 §1, 2016; Ord. 1246 §1, 2013; Ord. 1243 §1 (Att. A), 2013; Ord. 1234 §1, 2011; Ord. 1169, §1,I,D, 2000]
16.02.050 Legal lot criteria for building or transfer of ownership.
“Subdivision” is the division or redivision of land for the purpose of sale, lease or transfer of ownership. All property under common ownership must be subdivided in accordance with the requirements of this title prior to sale, lease or transfer of ownership; provided, however, lots of record may be sold, leased or transferred without further compliance with this title. A lot is considered a valid lot of record if it meets any one of the criteria listed below. Even though a lot may be deemed legal, it is buildable only if it also meets the definition of “building site” in LCC 16.04.080 or qualifies as a nonconforming use under local regulations.
(1) Lots of record include:
(a) Any parcel, the legal description of which was included in a deed recorded with the county auditor prior to July 26, 1999, which parcel was both exempt from platting requirements and otherwise created in conformance with the health and development regulations in effect at the time of recordation.
(b) Any lot, the legal description of which has been recorded in a plat or short subdivision filed with the county auditor after June 9, 1937.
(c) Any lot, the legal description of which is on file with the county auditor in an assessor’s plat recorded in accordance with Chapter 58.18 RCW.
(d) Any lot, the legal description of which is contained in a survey recorded with the county auditor, no parcel of which is less than five acres in size, prior to July 26, 1999.
(e) Lots created by court order for adverse possessions or divorces in which the adverse possession or divorce decree is prior to July 26, 1999.
(f) Lots exempted under LCC 16.02.040, and lots transferred to a bona fide innocent purchaser for value in accordance with this title.
(g) Properties bisected by navigable streams or any public or railroad right-of-way (opened or unopened) create legal property boundaries. If the right-of-way is vacated and parcels on both sides are in same ownership, the lots are consolidated unless there is evidence of an action or intent to divide prior to the vacation.
(2) Lots of record do not include:
(a) Contiguous shoreline lots in the same ownership that were not in conformance with the Lewis County Shoreline Master Program on July 26, 1999, are deemed single, undivided lots; except that if each lot legally contained a dwelling on that date, and otherwise complied with the above-listed subdivision regulations, they remain separate legal lots; or
(b) Tax parcels in contiguous ownership, whether or not developed, shall be considered a single lot for purposes of this subdivision ownership. The extent of development on such parcel or parcels may be used to determine whether such development is conforming or nonconforming use pursuant to LCC Title 17, but such development per se, does not create a legal lot of record for such tax parcels for purposes of sale, lease or transfer of ownership under Chapter 58.17 RCW or the terms of this title.
(c) The transferred portion of a boundary line adjustment recorded with the county auditor, which property shall be considered a legal part of the transferee’s parcel. [Ord. 1269 §1, 2016; Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,I,E, 2000]
16.02.055 Innocent purchaser and public interest exceptions.
(1) Innocent Purchaser Exception. The administrator shall determine that parcels which meet both of the following exception criteria are lots of record, for purposes of LCC 16.02.050.
(a) Zoning and Public Health. The parcel meets minimum zoning and public health dimensional requirements, including lot size, dimensions and frontage width, which are currently in effect or in effect at the time the parcel was created; and
(b) Status. The current property owner purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was divided from a larger parcel in violation of the state and county regulations listed under “lots of record” in LCC 16.02.050.
(c) The county shall recognize as a building lot any parcel for which a building permit or septic tank permit was issued prior to July 26, 1999.
(2) Public Interest Exception, Mandatory. The administrator shall determine that parcels which meet both of the following criteria are lots of record:
(a) Zoning and Public Health. The parcel meets minimum zoning and public health dimensional requirements currently in effect, including lot size, dimensions and frontage width; and
(b) Status.
(i) The property owner completes conditions of approval which the administrator determines would otherwise be imposed if the parcel had been established through platting under current standards; or
(ii) The administrator determines that improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present and completed.
(3) Public Interest Exception, Discretionary. The administrator may but is not obligated to determine that parcels meeting the following criteria are lots of record:
(a) Zoning and Public Health. The parcel lacks sufficient area or dimension to meet current zoning and public health requirements but meets minimum zoning dimensional requirements and health requirements, including lot size, dimensions and frontage width, in effect at the time the parcel was created; and
(b) Status.
(i) The property owner completes conditions of approval which the administrator determines would otherwise be imposed if the parcel had been established through platting under current standards, or
(ii) The administrator determines that conditions of approval which would have been imposed if the parcel been established through platting under current standards are already present on the land;
(c) The administrator shall consider the following factors as favoring a lot of record determination under the discretionary public interest exception, although no one factor is determinative:
(i) The parcel size is consistent with surrounding lots of record,
(ii) Presence of an existing residence on the parcel,
(iii) Recognition of the parcel does not adversely impact public health or safety, or interfere with the implementation of the comprehensive plan,
(iv) The parcel purchase value and subsequent tax assessments are consistent with a buildable lot of record. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,F, 2000]
16.02.060 Regulations mandatory.
Any map, plat, replat, or plan hereafter made of a proposed division of land pursuant to this title or any part thereof shall be presented for approval and be recorded as prescribed by this title. No such map, plat, replat, or plan shall be recorded or have any validity unless or until it is approved as may be required by this title. No person shall sell, lease, transfer or offer to sell, lease or transfer any lot, tract or parcel subject to the requirement of this title without first receiving approval hereunder and filing a map of the approved division with the Lewis County auditor; provided, that if performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land is expressly conditioned on the recording of the plat containing the lot, tract, or parcel, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the plat is recorded. [Ord. 1269 §1, 2016; Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,I,G, 2000]
16.02.070 Division of lots with more than one residential structure.
(1) Except as limited by subsection (3) of this section, notwithstanding the maximum residential density otherwise allowed by LCC Title 17, an undivided parcel on which two or more single-family or multiple-family dwellings are located on the effective date of this section may be subdivided to create lots for each of the structures if each of the following conditions are met:
(a) Each of the single-family or multiple-family dwellings was constructed in compliance with all applicable codes and other law;
(b) Each of the single-family or multiple-family dwellings has been occupied as a residence during the year preceding submittal of the preliminary subdivision application;
(c) Any on-site sewage disposal system associated with any such dwelling is functioning properly, is located on the lot being created or is accessible to that lot through an easement, and has an available repair option capable of handling the daily design flow; and
(d) None of the lots are large enough to allow them to be further subdivided under zoning regulations in effect at the time of division under this section.
(2) Lots created under the authority of this section are exempt only from the density and minimum lot size requirements of LCC Title 17. Such lots and all land uses carried out on such lots are subject to all other standards and requirements of law, including, but not limited to, lot size requirements for on-site sewage disposal systems contained in Chapters 8.40 and 8.41 LCC.
(3) Exceptions.
(a) Subsection (1) of this section does not apply to parcels on which more than two mobile homes are located.
(b) Subsection (1) of this section does not apply to dwellings authorized as family member units.
(c) Subsection (1) of this section may only be used when the base density would not allow the creation of lots for each of the existing dwellings. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,H, 2000]
16.02.085 Vacation of subdivision.
When any person is interested in vacation of any short subdivision, large lot or final plat, or binding site plan, or portion thereof, or any area designated or dedicated for public use within such plat or plan, other than roads, that person shall submit an application request to the board of county commissioners consistent with the provisions of RCW 58.17.212. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,J, 2000]
16.02.090 Alteration of subdivision.
When any person is interested in altering any recorded final plat, that person shall submit an application request to the board of county commissioners consistent with the provisions of RCW 58.17.215. Any person interested in altering any recorded short subdivision or large lot subdivision shall submit an application request to the administrator for review and approval, consistent with the provisions of Chapter 16.10 LCC. [Ord. 1269 §1, 2016; Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,I,K, 2000]
16.02.095 Variances.
Variances from the terms of this title may be authorized in specific cases when not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. Variances shall be processed as a Type III application per Chapter 17.05 LCC.
(1) Conditions of Variance. The following conditions are necessary for approval of a variance:
(a) That special conditions and circumstances exist which are peculiar to the land or structure, or building involved and which are not applicable to other lands, structures, or buildings in lands with the same zoning designations;
(b) That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties with the same zoning designations under the terms of this title;
(c) That the special conditions and circumstances do not result from the actions of the applicant; and
(d) The granting of the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings within the same zoning designations.
(2) Necessary Hearing Examiner Findings.
(a) In approving a variance, the hearing examiner shall find that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum necessary to allow the reasonable use of land, building or structure.
(b) The hearing examiner shall further find that the granting of the variance will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare.
(c) Under no circumstances shall the hearing examiner grant a variance to allow a use not permissible under the terms of this title within the zoning designation involved, or any use expressly or by implication prohibited by the terms of this title.
(3) General Conditions and Safeguards. In granting any variance, the hearing examiner may prescribe such conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,L, 2000]
16.02.100 Development standards.
Any subdivision approval under this title shall specifically include:
(1) Road construction standards as set forth in Resolution 97-441, as it may hereafter be amended;
(2) Health standards for wells and drain fields as set forth in Chapters 8.40 and 8.41 LCC;
(3) Stormwater standards as set forth in Chapter 15.45 LCC; and
(4) Flood hazard standards as set forth in Chapter 15.35 LCC; provided, however, Lewis County is in the process of updating the flood hazard maps in concert with the U.S. Army Corps of Engineers. Where the U.S. Army Corps has identified a floodway or a floodplain on an official report on file with the County Public Works Director, said designated floodway or floodplain map shall supersede the FEMA/FIRM flood hazard maps. [Ord. 1269 §1, 2016; Ord. 1169, §1,I,M, 2000]