Chapter 19.10
REVIEW PROCEDURES
FOR AUDITOR’S LOTS
Sections:
19.10.030 Application for review of auditor’s lot.
19.10.050 Conforming auditor’s lot.
19.10.060 Nonconforming auditor’s lot.
19.10.010 Purpose.
The purpose of this chapter is to provide a review process to determine if auditor’s lots as defined in Section 19.08.025 are to be recognized as buildable lots based upon either their conformance to minimum lot standards or the property owner’s status as a bona fide innocent purchaser under the provisions of RCW 58.17.210. It is further intended to define a process by which building or development permits can be issued for auditor’s lots. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.020 Applicability.
This chapter applies to all lots or divisions defined as auditor’s lots in Section 19.08.025. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.030 Application for review of auditor’s lot.
Before any building permit shall be issued on any auditor’s lot, the following information shall be submitted to the community and economic development department:
A. The name, address and contact information of both the owner of the auditor’s lot and the applicant.
B. The Mason County tax assessor’s parcel number.
C. A metes and bounds legal description of the auditor’s lot (including a graphic illustration) prepared by a licensed surveyor or engineer, referencing established survey monuments, and which states the area of the lot by square footage.
D. A title report no more than forty-five days old.
E. Information showing the chain of title since the auditor’s lot was created.
F. Identification of any contiguous or abutting lots under the same ownership as the subject site. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.040 Review procedures.
The community and economic development director (or designee) shall review the application and determine if the auditor’s lot conforms to all size and area requirements specified in Title 20. If it is determined that the lot conforms to all size and area requirements, the director shall issue a written determination that the lot is a conforming auditor’s lot as to lot area and width and is subject to the review provisions of Section 19.10.050. If it is determined that the lot does not conform to all size and area requirements, the director shall issue a written determination that the lot is a nonconforming auditor’s lot as to lot area and width and may only be developed under the provisions of Section 19.10.060. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.050 Conforming auditor’s lot.
Conforming auditor’s lots are those that conform to the minimum size and area requirements specified in Title 20 at the time that a determination is made under the provisions of Section 19.10.040. Conforming auditor’s lots are subject to the following requirements:
A. Conforming auditor’s lots shall be reviewed under the site plan review provisions of Chapter 20.49 prior to issuance of building or land use permits. The director of community and economic development may waive the requirement for site plan review if it can be determined that all improvements otherwise required under the city’s design and construction standards are currently in place; provided, that the legal description provisions under subsection B of this section are complied with. If the site plan review requirements are waived under this provision, the legal description may be reviewed administratively rather than through the site plan review process.
B. A metes and bounds legal description (including a graphic illustration) referencing established survey monuments and prepared by a licensed surveyor or engineer shall be submitted to the city for review and approval in conjunction with a complete site plan review application. The approved legal description shall be recorded against said property, and the property so described shall be surveyed and staked with official survey monuments on each corner or turn in the property line prior to permit issuance.
C. All street, frontage, and storm water improvements otherwise applicable to short plats as required by this title and as required by the city’s design and construction standards for short plats shall be installed prior to permit issuance.
D. If, in the opinion of the community and economic development director, the frontage improvements required under subsection C of this section should be delayed due to the lack of connecting infrastructure in, or infrastructure design for, the immediate area, and because improvements may be installed under an area-wide improvement project within the next six years, the lot owner may, in lieu of installing the actual frontage improvements, opt to sign a waiver of protest to the formation of any local improvement districts (LIDs) intended to provide the required improvements in an area encompassing the lot. A determination as to whether frontage improvements may be delayed or not shall be reached during the site plan review process.
E. Provisions in this section do not apply to auditor’s lots created by boundary line adjustments, except that the requirement for a legal description under subsection B of this section shall be complied with prior to permit issuance. The legal description may be reviewed administratively rather than through the site plan review process. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.060 Nonconforming auditor’s lot.
Nonconforming auditor’s lots are those that do not conform to the minimum size and area requirements specified in Title 20 at the time that a determination is made under the provisions of Section 19.10.040. Nonconforming auditor’s lots shall not be considered valid legal lots and permits shall not be issued except under the following provisions:
A. The community and economic development director makes a determination that the public interest will not be adversely affected by the granting of a permit on the lot. In making this determination, the director shall consider (1) whether development of the lot can be done in a manner that reflects surrounding development patterns and setbacks without the need for variances, and (2) whether, in the opinion of the city engineer, the lot can be accessed in a manner that will not interfere with traffic flows or visibility; or
B. The community and economic development director determines that the property owner is an innocent bona fide purchaser without notice. To determine this, the property owner must submit documentation to the city to demonstrate that the owner of the lot is an innocent purchaser for value without actual notice, as set forth in RCW 58.17.210.
C. If the city determines that a nonconforming auditor’s lot is a valid legal lot under the provisions of this section, permits shall not be issued unless all conditions required for conforming auditor’s lots in Section 19.10.050 are met. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)
19.10.070 Appeals.
The applicant, or other individual or entity with standing, may appeal the decision of the director of community and economic development to the city council within fourteen days of the date of written decision. The city council shall conduct a closed record review of the decision and may confirm, modify, or overturn the decision. All appeals must be received in writing by the director of community and economic development within fourteen days of the date of written decision and contain narrative which specifically cites the item or items being appealed, and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2 (part), 2005)