Chapter 16.08
GENERAL PROVISIONS
Sections:
16.08.010 Purpose and interpretation.
16.08.015 Effect of partial invalidity.
16.08.020 Effect on existing rights.
16.08.025 Existing substandard lots.
16.08.030 Conflicting regulations.
16.08.040 Existing permits to remain in force.
16.08.045 False representation prohibited.
16.08.050 Uniformity of application.
16.08.060 Qualified exemptions.
16.08.065 Time periods – Computation.
16.08.005 Short title.
This title shall constitute the subdivision code of the city of Toppenish and may be cited as the “subdivision code”. (Ord. 86-26 § 2, 1986).
16.08.010 Purpose and interpretation.
This subdivision code is enacted in the exercise of the responsibility and authority of the city to provide an effective means to implement the desired goals of the comprehensive plan; to protect and preserve the public health, safety and general welfare; to provide standards to prevent the overcrowding of land; to lessen congestion on the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewage, drainage, parks and recreation areas, and sites for public improvements; to provide proper ingress and egress; and to require uniform monumenting of land subdivisions and conveying by legal description, and all of its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 86-26 § 2, 1986).
16.08.015 Effect of partial invalidity.
If any provision of this title or its application to any person or circumstance is for any reason held to be invalid, the remainder of this title, or the application of the provisions to other persons or circumstances, is not affected. (Ord. 86-26 § 2 1986).
16.08.020 Effect on existing rights.
The repeal by this title of any existing ordinance shall not revive any former ordinances heretofore repealed, nor affect any right existing or accrued, or any action or proceeding already taken, except as in this title provided. (Ord. 86-26 § 2, 1986).
16.08.025 Existing substandard lots.
A. Conveyance Restricted. If two or more lots or combinations of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the city zoning ordinance, and if any of the land does not meet requirements for lot width and area as established by the zoning ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements stated in this title. Variances pertaining to area, width and yard requirements so specified in the zoning ordinance shall be obtained as specified in Chapter 17.76 TMC.
B. Determination of Ownership. For the purpose of this section, two or more lots shall be considered in ownership when a lot which is owned by an individual adjoins one or more lots in which the same individual has an ownership interest. (Ord. 86-26 § 2, 1986).
16.08.030 Conflicting regulations.
Where those requirements impose a greater restriction upon land than is imposed or required by existing provisions of other laws, ordinances or regulations, or with private restrictions placed upon property by deed, restrictive covenants or other private agreements running with the land, the provisions of these regulations shall prevail. (Ord. 86-26 § 2, 1986).
16.08.035 Savings.
The enactment of this title shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall be in existence at the date this title becomes effective. (Ord. 86-26 § 2, 1986).
16.08.040 Existing permits to remain in force.
Except as otherwise provided in this title, all permits lawfully issued under the provisions of any ordinance repealed by this title shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions of this title. (Ord. 86-26 § 2, 1986).
16.08.045 False representation prohibited.
No person shall make a false statement or representation in any application, statement or report required by this title to be made. Any person violating this section shall be guilty of a misdemeanor. (Ord. 86-26 § 2, 1986).
16.08.050 Uniformity of application.
The provisions of this title shall be applicable and uniform with regard to all divisions, subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature for the purpose of sale or lease in the present or future within the corporate limits of the city. (Ord. 86-26 § 2, 1986).
16.08.055 Exemptions.
The following are exempt from this title:
A. Annexations and land vacations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing same;
B. Acquisitions of fractional parts of land by public bodies for the purpose of future uses as public highways or public utility ways. (Ord. 86-26 § 2, 1986).
16.08.060 Qualified exemptions.
A. The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth hereinafter have been met:
1. A division of land by simultaneous merger of a fractional part of land into land contiguous on more than a single point so long as no lot or parcel is rendered nonconforming or more nonconforming with the provisions of the municipal code.
a. “Simultaneous merger” for purposes of this section means a specific declaration of merger with the new description of such land contained within the corrected deed or instrument or instrument of sale, lease or transfer. The deed or instrument shall be filed for record by the applicant in the Yakima County auditor’s office with a copy to the administrator. No such merged fractional part may thereafter be sold, leased, transferred or developed through building permit or other development permit as a division separate or distinct from the land in which it is merged, except that it may be merged back providing that it meets all the provisions of the code,
b. The exemption shall become null and void if the filing of the deed or instrument and transmittal of the copy to the administrator is not accomplished within 90 days from the grant of the exemption;
2. A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
a. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same,
b. A division by court order limited to the following, and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deeds of trust foreclosures, property distributions between spouses pursuant to separation or dissolution proceedings, and property distributions pursuant to probate proceedings;
3. A prior division of land as defined by Chapter 16.04 TMC.
B. Applications for exemptions shall be submitted to the city on forms provided by the administrator and shall be accompanied by a nonrefundable application fee. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt. The application fee shall be established by resolution of the city council, as amended from time to time.
C. Exemption may be granted by the administrator for only those actions which do not contravene the spirit and intent of this chapter and the applicable statutes. (Ord. 2017-01 § 1, 2017; Ord. 86-26 § 2, 1986).
16.08.065 Time periods – Computation.
Whenever a period of time is specified in days in this chapter, such period shall commence to run on the day following the date of the specified act and shall include each consecutive calendar day thereafter, including the last day of such period unless such last day is a Saturday, Sunday or legal holiday, in which event the period shall end at the conclusion of the next regular business day. (Ord. 86-26 § 2, 1986).
16.08.070 Subdivisions within a floodplain zone.
Repealed by Ord. 99-2. (Ord. 86-26 § 2, 1986).