HomeMy WebLinkAbout7a Legal Lot of Record Update Staff Report
Appendix A: KING COUNTY
Administrative Process
Link for application and checklist for Lot Determination
19A.08.070: Determining and maintaining legal status of a lot.
A. A property owner may request that the department determine whether a lot was legally created.
The property owner shall demonstrate to the satisfaction of the department that a lot was created in
compliance with applicable state and local land segregation statutes or codes in effect at the time the
lot was created.
B. A lot shall be recognized as a legal lot:
1. If before October 1, 1972, it was:
a. conveyed as an individually described parcel to separate, noncontiguous ownerships
through a fee simple transfer or purchase; or
b. recognized as a separate tax lot by the county assessor;
2. If created by a recorded subdivision before June 9, 1937, and it was served by one of the
following before January 1, 2000:
a. an approved sewage disposal;
b. an approved water system; or
c. a road that was:
(1) accepted for maintenance by the King County department of transportation;
or
(2) located within an access easement for residential use or in a road right-of-
way and consists of a smooth driving surface, including, but not limited to,
asphalt, concrete, or compact gravel, that complied with the King County road
standards in effect at the time the road was constructed;
3. If created by an approved short subdivision, including engineers subdivisions;
4. If created by a recorded subdivision on or after June 9, 1937; or
5. If created through the following alternative means of lot segregation provided for by state
statute or county code:
a. at a size five acres or greater, created by a record of survey recorded between August
11, 1969, and October 1, 1972, and that did not contain a dedication;
b. at a size twenty acres or greater, created by a record of survey recorded before
January 1, 2000, and not subsequently merged into a larger lot;
c. at a size forty acres or greater created through a larger lot segregation made in
accordance with RCW 58.18.010, approved by King County and not subsequently
merged into a larger lot. Within the F zone, each lot of tract shall be of a size that meets
the minimum lot size requirements of K.C.C. 21A.12.040.A;
d. through testamentary provisions or the laws of descent after August 10, 1969; or
e. as a result of deeding land to a public body after April 3, 1977.
C. In requesting a determination, the property owner shall submit evidence, deemed acceptable to the
department, such as:
1. Recorded subdivisions or division of land into four lots or less;
2. King County documents indicating approval of a short subdivision;
3. Recorded deeds or contracts describing the lot or lots either individually or as part of a
conjunctive legal description (e.g., Lot 1 and Lot 2); or
4. Historic tax records or other similar evidence, describing the lot as an individual parcel. The
department shall give great weight to the existence of historic tax records or tax parcels in
making its determination.
D. Once the department has determined that the lot was legally created, the department shall continue
to acknowledge the lot as such, unless the property owner reaggregates or merges the lot with another
lot or lots in order to:
1. Create a parcel of land that would qualify as a building site, or
2. Implement a deed restriction or condition, a covenant or court decision.
E. The department’s determination shall not be construed as a guarantee that the lot constitutes a
building site as defined in K.C.C. 19A.04.060. Testamentary lots created after December 31, 1999, and
before January 1, 2019, are exempt from meeting the minimum lot area requirements in K.C.C.
21A.12.030 and 21A.12.040 for the applicable zoning district, if all other federal, state and local statutes
and regulations are met. All other testamentary lots shall be required to meet all federal, state and local
statutes and regulations, including minimum lot area requirements in K.C.C. 21A.12.030 and 21A.12.040.
F. Reaggregation of lots after January 1, 2000, shall only be the result of a deliberate action by a
property owner expressly requesting the department for a permanent merger of two or more lots
through a boundary line adjustment under K.C.C. chapter 19A.28. (Ord. 19010 § 1, 2019: Ord. 18764 §
1, 2018: Ord. 17539 § 11, 2013: Ord. 17191 § 11, 2011: Ord. 16687 § 1, 2009: Ord. 15031 § 2, 2004:
Ord. 13694 § 42, 1999).
Appendix B: SKAGIT COUNTY
Lot of record: any lot platted or legally created under a Skagit County subdivision ordinance on or after
March 1, 1965; any tract of land divided by metes and bounds or fractional section description or
platted and recorded with the auditor prior to March 1, 1965; or any tract of land defined by metes and
bounds or fractional section description and conveyed by notarized deed prior to March 1, 1965.
Lot of Record Application form
14.06.045: Lot Certification
(1) Lot certification shall be the administrative review process completed to determine whether a lot is
legally created and, therefore, eligible for conveyance and whether or not the lot will be considered for
development permits, as follows:
(a) Conveyance. The County shall determine whether a lot was legally created. A legally
created lot is a lot that meets the definition of lot of record, as defined in SCC 14.04.020, or a lot
owned by an innocent purchaser who has met the requirements described in SCC 14.18.000(9)
and RCW 58.17.210 for the lot in question. A lot of record may be conveyed individually without
violating the provisions of Chapter 58.17 RCW, but may or may not be eligible for development
permits, pursuant to SCC 14.16.850(4). Parcels not meeting the definition of lot of record may
not be able to be conveyed without violating Chapter 58.17 RCW and will not be considered for
development purposes.
(b) Development. If a lot of record is certified under Subsection (1)(a) of this Section, the
County shall also determine whether or not the lot of record will be considered for development
permits. To be considered for development permits, the lot of record must be available for
development purposes, and either meet the minimum lot size requirements of the zoning
district in which it is located, or, if the lot of record does not meet the minimum lot size
requirements of the zoning district in which it is located (a “substandard lot of record”), it must
meet 1 or more of the exemptions identified in SCC 14.16.850(4)(c). Lots restricted from
development by prior County decision or action (i.e., plat notes, open space designation, or
other means) shall not be considered for development purposes regardless of lot size.
(2) Pursuant to SCC 14.06.090(1)(b), a lot certification shall be required prior to or as a part of any of
the following development permit applications: land divisions, boundary line adjustments, binding site
plans pursuant to SCC 14.18.500, individual Comprehensive Plan Map amendments, new on-site sewage
systems pursuant to SCC 12.05.090, building permits for new residential, commercial, industrial or
institutional structures or structures accessory thereto, special use permits, variance permits,
administrative decisions of reduction of setbacks pursuant to SCC 14.16.810(4), or any permits seeking
to qualify under the vesting sections of SCC 14.02.050.
(3) A separate assessor’s parcel number, alone, shall not be sufficient evidence that the lot meets the
definition of a lot of record. Evidence that the lot in question meets the definition of lot of record shall
be required for lot certification.
(4) Once issued, the lot certification shall be recorded with the Skagit County Auditor. A determination
that the lot does not meet the lot of record requirements shall also be recorded for purposes of
innocent purchaser notification as described in SCC 14.18.000(9).
(5) Once issued, a lot certification shall constitute the final determination regarding lot of record status
for the specified legal description. Any future development permit requests on the same legal
description shall not require a new lot certification review, but may rely on the existing lot certification.
Lot certifications issued by the County prior to the effective date of this Section for lots satisfying the
provisions of former SCC 14.04.190(5) in effect at the time of certification shall be recorded by the
owner and shall be entitled to the same finality as lot certifications issued pursuant to this Section. All
other previously issued lot certifications will be considered as sufficient evidence for meeting the
requirements of Subsection (1)(a) of this Section, but will need further review to determine the eligibility
for development under Subsection (1)(b) of this Section.
(6) Issuance of a lot certification that includes a determination that the lot of record is eligible to be
considered for development permits under Subsection (1)(b) of this Section shall not constitute a
determination that the lot of record has met all other applicable requirements of the Skagit County
Code, including, but not limited to, Chapter 12.05 SCC (On-Site Sewage Code), Chapter 12.48 SCC
(Drinking Water Systems), Chapter 14.24 SCC (Critical Areas), Chapter 14.26 SCC (Shorelines), Chapter
14.28 SCC (Concurrency), Chapter 14.34 SCC (Flood Damage Prevention), nor any requirements of the
specific zoning designation, other than the minimum lot size requirements. Nothing in this Section shall
be interpreted to replace or supersede any requirements of any applicable public or private water
purveyor.
(7) A lot owner may apply for lot certifications for a group of undeveloped lots contained within a
subdivision approved on or after March 1, 1965, as a single lot certification application. In addition,
when future subdivisions are approved pursuant to Chapter 14.18 SCC, the plat map shall include a note
regarding lot certification and lot certifications shall be issued and recorded for all lots upon recording of
the plat.
(8) The lot certification review and decision shall be an administrative review and determination
process as described in SCC 14.06.040(5) and may be appealed to the Hearing Examiner according to the
appeal process for Level I decisions listed in SCC 14.06.110. Because a lot certification is not a
development permit application, but instead is required as part of a development permit application,
the lot certification shall not require a letter of completeness (SCC 14.06.100), a Notice of Development
Application and public comment period (SCC 14.06.150), nor a Notice of Decision (SCC 14.06.200). (Ord.
O20090011 Attch. 2 (part); Ord. O20070009 (part); Ord. O20040017 (part))
14.16.850(4) Development of Lots of Record.
(a) Notwithstanding other restrictions of the Skagit County Code, only lots of record meeting
the minimum lot size requirements of the zoning district in which they are located that are not
restricted from development by prior County decision or action (e.g., plat notes, open space
designation, or other means) will be eligible for development permits. Lots of record that do not
meet the minimum lot size requirements of the zoning district in which they are located
(hereafter “substandard lots of record”) shall only be considered for development permits if
they are not restricted from development by prior County decision or action and meet 1 or
more of the exceptions described in Subsection (4)(c) of this Section.
(i) An owner of contiguous, substandard lots may choose to aggregate (combine) the
lots in order to meet these requirements; provided, that aggregation of lots shall meet
the requirements of and be recorded as a boundary line adjustment, pursuant to SCC
14.18.700.
(ii) If the owner chooses to aggregate contiguous, substandard lots to meet these
requirements, the County shall waive the application fee for the boundary line
adjustment.
(iii) If an owner of contiguous, substandard lots chooses to aggregate the lots pursuant
to this Subsection in order to meet these requirements and the resulting aggregated lot
still does not meet the zoning minimum lot size, the lot must meet an exemption in
Subsection (4)(c) of this Section, or apply for and receive a reasonable use exception
pursuant to Subsection (4)(f) of this Section to be considered for development permits.
(b) Lots created through testamentary provisions or the laws of descent shall be governed by
the following provisions:
(i) Lots that meet the current lot size requirements of the zoning district in which they
are located shall be treated the same as a legally subdivided lot;
(ii) Lots that do not meet the current lot size requirements of the zoning district in
which they are located, but which did meet the requirements in effect at the time they
were created will be treated the same as substandard lots of record under Subsection
(4)(c) of this Section;
(iii) Lots that do not meet the current minimum lot size dimensional standards of the
zoning district in which they are located, and did not meet the standards in effect at the
time they were created shall be treated as lots of record for purposes of conveyance,
but will not be considered for building or development permits.
(c) The County shall only consider issuing development permits on those substandard lots of
record meeting any of the exemptions in this Subsection.
(i) The lot of record was properly platted and approved by Skagit County on or after
March 1, 1965; provided, that any lot that was created with a restriction barring future
development (e.g., plat notes, open space designation, or other means) shall not be
considered for development pursuant to this Subsection.
(ii) The lot of record is recognized as a participating parcel paying assessments to the
Edison Subarea (Sub-District) of the Skagit County Clean Water District pursuant to
Ordinance No. 16177 or any subsequent ordinances.
(iii) The lot of record is recognized as part of an adopted “Limited Area of More
Intense Rural Development (LAMIRD)” pursuant to SCC 14.16.920.
(iv) The lot of record has been approved on a previously issued lot of record
certification consistent with SCC 14.06.045(5).
(v) The lot of record is located in an urban growth area, is a minimum of 1 acre in size,
and can satisfy the requirements of the Skagit County Code for water (either on-site or
connection to a public water system) and for wastewater (either on-site or connection
to a public sewer system), together with any other code provision applicable to the type
of development proposed, as specified in SCC 14.06.045(6).
(vi) The lot of record is at least 1 acre in size and further meets 1 or more of the
following:
(A) Has existing water meter and/or sewer service connection existing on the
lot prior to January 1, 2004; or
(B) Has water and/or sewer connections allowed under a specific binding
written contract in effect on January 1, 2004, that is an extension agreement or
connection agreement; or
(C) The owner or predecessor owner has paid or is currently still paying water
and/or sewer assessments pursuant to a legally established utility local
improvement district (ULID) or a local improvement district (LID) that was
established prior to January 1, 2004.
(vii) The lot of record meets 1 or more of the following:
(A) Has an existing dwelling unit that, at a minimum, meets the definition of an
“efficiency dwelling unit” or a commercial/industrial/institutional building
located solely on the lot of record and the dwelling unit or
commercial/industrial/institutional building was either constructed prior to July
1, 1990, according to the Assessor’s records, or, if constructed after that date,
obtained a building permit for its construction and approval to occupy from the
County; or
(B) Has an approved permit for an on-site sewage system pursuant to Chapter
12.05 SCC that is submitted and approved prior to January 1, 2004, and either
that permit is still valid, or the system has been installed; or
(C) Has an individual water system evaluation pursuant to Chapter 12.48 SCC
(including installation of the well) submitted and approved prior to June 1, 1997,
for a water system intended to serve the substandard lot; or
(D) Has been issued a development permit which vests future structure(s)
pursuant to SCC 14.02.050 (Vesting).
(viii) The lot of record was legally created prior to March 1, 1965, or if created after
March 1, 1965, was exempt from subdivision requirements at the time it was created,
and meets one of the following requirements:
(A) The lot of record is 1 acre or larger and is located in the Rural Village
Residential or Rural Intermediate zoning district. Lots located within the Fidalgo
Island subarea plan boundaries identified in Ordinance No. 18375, Appendix 1,
Section 1, No. 12, or located on Guemes Island shall not be eligible for this
Subsection; or
(B) The lot of record is five acres or larger and is located in the Rural Reserve
zoning district; or
(C) The lot of record is 10 acres or larger and is located in a Rural Resource-
Natural Resource Lands or Secondary Forest-Natural Resource Lands zoning
district; or
(D) The lot of record meets the requirements of SCC 14.16.410(3)(c) for
residential development in the Industrial Forest-Natural Resource Lands
designation; or
(E) The lot of record is 0.25 acres or larger and is located in the Bayview Ridge
Residential zoning district.
(d) In the following zones, if the proposed use for the substandard lot of record is one of the
following nonresidential uses and otherwise meets all requirements for the use in the zone, it
may be allowed regardless of the determination pursuant to SCC 14.06.045(1)(b):
(i) Rural Village Residential.
(A) Administrative special uses: minor utility developments; parks, specialized
recreation facilities; trails and primary and secondary trailheads.
(B) Hearing Examiner special uses: cemetery; community club/grange hall;
expansion of existing major public uses up to 3,000 square feet; historic sites
open to the public; minor public uses; parks, community; personal wireless
services towers, subject to SCC 14.16.720.
(ii) Rural Intermediate.
(A) Permitted uses: agriculture, agricultural accessory uses.
(B) Administrative special uses: minor utility developments; parks, specialized
recreational facilities; trails and primary and secondary trailheads.
(C) Hearing Examiner special uses: cemetery; community club/grange hall;
expansion of existing major public uses up to 3,000 square feet; historic sites
open to the public; impoundments greater than 1-acre feet in size; minor public
uses; outdoor recreational facilities; parks, community; personal wireless
service towers, subject to SCC 14.16.720.
(iii) Rural Reserve.
(A) Permitted uses: agriculture, agricultural accessory uses, agricultural
processing facilities, cultivation, harvest and production of forest products or
any forest crop, in accordance with the Forest Practice Act of 1974, and any
regulations adopted pursuant thereto.
(B) Administrative special uses: minor utility developments; parks, specialized
recreational facility; trails and primary and secondary trailheads.
(C) Hearing Examiner special uses: animal preserve; cemetery; community
club/grange hall; expansion of existing major public uses up to 3,000 square
feet; historic sites open to the public; impoundments greater than 1-acre feet in
volume; manure lagoon; minor public uses; natural resources training/research
facility; outdoor outfitters enterprises; outdoor recreational facilities; parks,
community; personal wireless services towers, subject to SCC 14.16.720.
(iv) Urban Reserve Residential.
(A) Administrative special uses: expansion of existing major public uses, minor
public use, minor utility development, seasonal roadside stands under 300
square feet, temporary event, trails and primary and secondary trailheads.
(B) Hearing Examiner special uses: cemetery; community club/grange hall;
display gardens; historic sites open to the public; parks, community; personal
wireless services towers subject to SCC 14.16.720.
(v) Urban Reserve Commercial-Industrial.
(A) Permitted uses: community club/grange hall, historic sites open to the
public, minor public uses.
(B) Administrative special uses: expansion of existing major public uses up to
3,000 square feet; minor utility developments; parks, specialized recreational
facility; personal wireless services towers subject to SCC 14.16.720; temporary
events; trails and primary and secondary trailheads.
(C) Hearing Examiner special uses: none.
(vi) Urban Reserve Public Open Space.
(A) Permitted uses: agriculture; agricultural accessory use; caretaker dwelling
unit for on-site resident park manager accessory to the primary public use;
cultivation; harvest and production of forest products or any forest crop, in
accordance with the Forest Practice Act of 1974, and any regulations adopted
pursuant thereto; historic sites open to the public; interpretive center; minor
public uses; minor utility development; open space; parks, community; park,
recreation open space; parks, regional; park, specialized recreation area; trails
and primary and secondary trailheads.
(B) Administrative special uses: natural resources training/research facility,
outdoor recreation facilities, personal wireless services towers, subject to SCC
14.16.720, Water diversion structure.
(C) Hearing Examiner special uses: impoundment.
(vii) Bayview Ridge Residential.
(A) Permitted uses: agricultural uses; historic sites open to the public.
(B) Administrative special uses: minor utility developments; parks, specialized
recreational facilities; trails and primary and secondary trailheads.
(C) Hearing Examiner special uses: parks, community.
(e) In the natural resource land zones, if the proposed use for the substandard lot of record is
any of the uses permitted in the respective natural resource land zone other than the following
residential uses, it may be allowed regardless of the determination pursuant to SCC
14.06.045(1)(b):
(i) Agricultural-NRL: co-housing, as part of CaRD, subject to SCC 14.18.300 through
14.18.330; farm-based business carried on exclusively by a member or members of a
family residing on the farm and employing no more than 3 nonresident full-time
equivalent employees; family day care provider as defined in Chapter 14.04 SCC; Home-
Based Business 1; single-family detached residential dwelling unit and residential
accessory uses, when accessory to an agricultural use; temporary manufactured homes
as permitted in SCC 14.16.900(2)(b); Home-Based Business 2, provided no conversion of
agricultural land is required to accommodate the business activity; Home-Based
Business 3, provided no conversion of agricultural land is required to accommodate the
business activity.
(ii) Secondary Forest-NRL: accessory residential structures; co-housing as part of a
CaRD, subject to SCC 14.18.300 through 14.18.330; detached single-family residential
dwellings; family day care provider; Home-Based Business 1; Home-Based Business 2,
provided no conversion of agricultural land is required to accommodate the business
activity; Home-Based Business 3, provided no conversion of agricultural land is required
to accommodate the business activity.
(iii) Rural Resource-NRL: detached single-family residential dwelling; Home-Based
Business 1; family day care provider; residential accessory structures; Home-Based
Business 2, provided no conversion of agricultural land is required to accommodate the
business activity; Home-Based Business 3, provided no conversion of agricultural land is
required to accommodate the business activity.
(iv) Industrial Forest-NRL: co-housing, as part of CaRD, subject to SCC 14.18.300
through 14.18.330; single-family residential dwellings; Home-Based Business 1; Home-
Based Business 2, provided no conversion of agricultural land is required to
accommodate the business activity; Home-Based Business 3, provided no conversion of
agricultural land is required to accommodate the business activity.
(f) Reasonable Use.
(i) Variances from the requirements of this Section shall not be considered. However,
if a substandard lot of record in the Rural Reserve, Rural Intermediate, Rural Village
Residential, Urban Reserve Residential, or Bayview Ridge Residential zones does not
meet any of the exceptions in Subsection (4)(c) of this Section, the lot owner may
request that the County further evaluate the lot for a reasonable use exception
pursuant to this Subsection. Issuance of a reasonable use exception shall allow the lot
owner to apply for residential development permits on the lot. Reasonable use
exceptions shall only be issued if the lot owner can demonstrate the following:
(A) The lot has not been owned with any other contiguous lots with the same
zoning designation at any time from July 1, 1990, to the present. The owner may
elect to aggregate all contiguous, substandard lots held in common ownership,
thereby creating a single parcel, to then qualify under this Subsection; and
(B) The proposed use can otherwise satisfy all other requirements of the Skagit
County Code; and
(C) The proposed use does not require extension of, or installation of, urban
levels of service outside of an urban growth area.
Lots included in a plat shall not be required to be combined with unplatted land or lots
in separate plats for the purposes of qualifying under this Subsection. Lots where
ownership of 1 or more contiguous lots has been transferred since July 1, 1990, shall not
be considered as held in common ownership if the segregation(s) occurred in
compliance with all zoning and aggregation provisions in effect at the time of transfer.
(ii) The County evaluation of a reasonable use exception to the requirements of this
Section shall be processed as a Level I administrative decision, pursuant to SCC
14.06.110, including all of the public notice and comment requirements.
(iii) In the Natural Resource Lands zoning districts (Ag-NRL, RRc-NRL, SF-NRL and IF-
NRL), natural resource production is deemed a reasonable use of the property and,
therefore, substandard lots of record in these zones shall not be eligible for a
reasonable use exception pursuant to this Subsection.
Appendix C: WHATCOM COUNTY
20.97.220: “Lot of record” means a lot which is described by final plat, short plat, or metes and bounds,
and is established pursuant to applicable local and state regulations at the date a legal instrument
creating the lot is recorded at the Whatcom County auditor’s office.
From WCC 20.83 on Nonconforming Uses and Parcels:
20.83.060 Lots of record.
Except as modified by WCC 20.83.070, legal parcels or lots of record that do not meet the minimum area
or width requirements of the zone district may be developed with permitted, accessory and conditional
uses provided:
(1) That all other district standards are met; and
(2) The lots or parcels were created pursuant to applicable state and local subdivision
regulations in place at the time of lot segregation. (Ord. 2000-013 § 1, 2000; Ord. 87-12, 1987;
Ord. 87-11, 1987; Ord. 82-78, 1982).
See also Whatcom County’s Lot of Record Application (LOR) for process required for lot recognition
Review Process for LOR: Review is based upon a deed history and maps provided by the
applicant to determine if the lot was created prior to 1972 or if the lot was created after 1972
and is consistent with the subdivision regulations in effect at the time of creation. LOR’s are
performed for all exemptions, boundary line adjustments, short plats, binding site plans and
long subdivisions. (found here)
Appendix D: KITSAP COUNTY
17.110.450 Lot of record
21.02.085 Building site
KCC Chapter 16.62: Legal Lot Determination
16.62.010 Purpose and summary
A. Pursuant to RCW 58.17.210, the purpose of this chapter is to provide a process and standards for
determining whether lots are legal lots of record consistent with applicable state and local law, and to
provide potential remedial measures available to owners of property that do not meet the standards.
B. Parcels are considered legal lots of record if they were in compliance with applicable laws regarding
platting at the time of their creation. Platting laws pertain primarily to the review process used in the
creation of the lots. Specific provisions are listed herein.
C. Platting dates pertinent to legal lot determination:
1. August 11, 1969 – Revised Washington State subdivision law;
2. July 1, 1974 – First Kitsap County Short Subdivision ordinance;
3. January 13, 1986 – First Kitsap County Large Lot Subdivision ordinance.
16.62.020 Applicability and burden of proof
A. This chapter applies to all requests for legal lot determinations and to applications for any permit,
including but not limited to building permits, subdivisions, hearing examiner conditional use permits,
administrative conditional use permits, rezones and Comprehensive Plan change applications.
B. A lot is presumed to be a legal lot of record, but may be investigated by the department upon
submittal of a building or other development permit.
C. The burden of proving that a lot is legal rests with the applicant
16.62.030 Determination process
Legal lot of record status may be formally determined through the following ways:
A. Legal Lot Determinations as Part of a Building Permit or Other Development Application. Building
permits for placement or replacement of primary structures and other development applications shall
be reviewed by the director for compliance with the standards of this chapter, according to the time
lines and procedures associated with the particular building permit or development application. A
separate written approval will not be issued unless requested by the applicant. Fees for legal lot
determination shall be assessed pursuant to Title 21, unless the parcel was recognized through a
previous legal lot determination or other review in which such recognition was made.
B. Legal Lot Determination Requests Submitted Without Other Development Review. Requests for
determination of legal lot of record status not involving any other county development reviews shall be
through an application for legal lot determination, along with the submittal of applicable fees, pursuant
to Title 21. This application will be processed as a Type I application. The county will issue a letter of
determination in response to all such requests.
C. Prior Legal Lot Determination. Lots that have been previously recognized as a legal lot of record shall
remain legal lots of record unless changed by action of the owner. Any such change shall necessitate a
new legal lot determination through the processes outlined at subsection (A) or (B) of this section.
D. Parcels That Are Not Considered Legal Lots.
1. Vacated rights-of-way;
2. Tidelands;
3. Parcels designated solely for access purposes;
4. Hiatuses created by legal descriptions;
5. Parcels created through a tax segregation, unless resulting parcels are twenty acres (or one-
thirty-second of a section) or larger in size.
E. The director’s determination of legal lot status shall not be construed as a guarantee that the lot
constitutes a building site as defined in Chapter 21.02.
16.62.050 Approval standards
Parcels that meet the following platting standards will be considered legal lots of record:
A. The parcel was created through a plat, short plat, large lot plat, or binding site plan approved by
Kitsap County and recorded with the Kitsap County auditor; or
B. The parcel is five acres or larger, or 1/128th of a section or larger, and was created by record of
survey before January 13, 1986, the date of Kitsap County’s first large lot subdivision ordinance; or
C. The parcel was lawfully created through testamentary provisions, or the laws of descent.
Development of said parcel is subject to the zoning regulations set forth at Title 17; or
D. The parcel was created through an exemption listed in RCW 58.17.035 or 58.17.040 or other
statutory exemptions available at the time it was created; or
E. The parcel is twenty acres (or one-thirty-second of a section) or larger in size; or
F. The parcel deed description shown in a sales or transfer deed dated prior to July 1, 1974, is the same
as the current parcel description; or
G. The parcel is a resultant parcel of a BLA that utilized parcels legally created through a tax
segregation and said resultant parcel conforms to area and dimensional requirements at the time it was
created.
16.62.060 Effect of legal lot determination
A. In urban areas, all lots found to be legal lots of record may be developed consistent with the
requirements of the Kitsap County Code.
B. In rural areas, lots found to be legal lots of record may be developed consistent with the
requirements of the Kitsap County Code, as follows:
1. Single Ownership. A parcel in single ownership may be developed consistent with the
requirements of the Kitsap County Code and must be capable of individually meeting the
definition of a building site.
2. Contiguous Parcels in Common Ownership. Contiguous parcels in common ownership, or
the legal equivalent thereof, as of the date of passage of the ordinance codified in this chapter
may not be developed individually unless capable of individually meeting the definition of a
building site. Contiguous parcels in common ownership not individually meeting the definition
of a building site must be aggregated to the extent necessary to meet the definition of a building
site.
16.62.070 Potential remedial measures
Knowingly transferring or selling lot(s) created in violation of land division regulations is a gross
misdemeanor pursuant to RCW 58.17.300. The owner(s) of illegally created lot(s) per this chapter may
consider pursuing one or more of the following actions. This list is not exhaustive and is not intended to
provide legal advice.
A. Apply for a public interest determination under Section 16.04.160(A);
B. Apply for innocent purchaser status under Section 16.04.160(B);
C. Pursue a private right of action as provided in RCW 58.17.210;
D. Acquire additional land from adjoining properties, through a boundary line adjustment, in order to
achieve adequate dimension and area to meet the criteria for a building site.
1
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Brent Alfred Butler, Director, Community Development
Pinky Mingo, Director, Environmental Health
David Wayne Johnson, Interim Planning Manager, Community Development
Shannen Cartmel, Associate Planner, Community Development
Bryan Benjamin, Assistant Planner, Community Development
DATE: November 22, 2021
SUBJECT: Public Hearing regarding Pre-1971 Lots and Plats
Ordinance 05-1004-21 and Ordinance 06-1011-21
STATEMENT OF ISSUE:
This public hearing will provide the general public an opportunity to provide public testimony on
Ordinance 05-1004-21 and Ordinance 06-1011-21, which repeals and replaces Ordinance 05-1004-21 (see
attached). A public hearing is required within 60 days of adoption of a moratorium or interim control.
With the recent uptick in the real estate market, the Department of Community Development (DCD) has
received applications to develop ‘old plats’ at urban-level densities in rural areas without any public input.
Platted before Jefferson County’s 1971 subdivision regulations created a mechanism to preserve
community health and welfare, these old plats appear on the precipice of large-scale development in
several parts of the rural county with little or no public input. In fact, these applications would likely
increase housing densities in rural areas wholly outside of those areas envisioned by the Jefferson County
Comprehensive Plan to receive growth such as the City of Port Townsend Urban Growth Area (UGA),
the unincorporated Port Hadlock /Irondale UGA, the Port Ludlow and Brinnon Master Planned Resorts,
and subdivisions such as Kala Point, Cape George, Becket Point, and Woodland Hills among others that
benefited from rigorous community input. This appears in conflict with the Growth Management Act and
the community’s preference as outlined in Comprehensive Plan.
On May 24, 2021, the Board of County Commissioners (BoCC) discussed DCD’s workplan in an agenda
request entitled “Discussion of Community Development’s FY2021-2022 Long-Range Work Program and
Potential Action Directing Community Development to Initiate Unified Development Code Updates”. In
conclusion, the BoCC directed the Department of Community Development to initiate code revisions for
“Transient Housing” and the “Legal Lot of Record” (see BoCC May 24, 2021 minutes).
Prior to incorporating public input in the drafting of the Legal Lot of Record code revisions, DCD received
several applications seeking recognition of old plats in rural areas for the purpose of developing housing at
Appendix E
2
densities more than ten-fold greater than the base density. On October 4, 2021, the BOCC enacted a
moratorium to study this issue with input from the community concerning the most appropriate ways to
regulate legal lots of record and old plats in Jefferson County. Findings of fact identified as “WHEREAS”
recitals in the October 4, 2021 and October 11, 2021 ordinances support the need to study this issue with
community members. Recognizing that the moratorium unintentionally excluded some activities from the
list of eight exemptions that should be permitted to move forward, the BoCC repealed and replaced the
moratorium on October 11, 2021. Then on November 1, 2021, the BoCC held a public housing workshop
to provide direction on five affordable housing and home/houseless housing projects in the DCD workplan,
including the Lot of Record project.
BACKGROUND
Over the last few decades, the county staff has administratively adapted to respond to the need to combine
lots in old pre-existing plats for development through a number of different methods. There has been no
legislative initiative, coupled with public participation, to examine the extent of the problem or options for
dealing with these small lots.
In Jefferson County, many small lots were created through plats that were recorded or otherwise
acknowledged in the late 1800’s and early 1900’s. Plats generally are maps, or representations on paper,
of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. Jefferson
County’s first subdivision regulations were adopted in 1971, as Ordinance Number 2. Without the benefit
of subdivision regulations that consider stormwater, road, school, flood and fire impacts, these late 1800’s
and early 1900’s plats may encourage development in floodways, steep slopes or where transportation,
stormwater and septic infrastructure is infeasible.
Many other counties, faced with similar situations have developed a code process which limits development
of old plats and substandard lots. Examples of jurisdictions with such legislation include Skagit County,
Kitsap County, King County, San Juan County, and Thurston County. The Washington State Attorney
General’s Office has issued a number of opinions on the issue of recognition of old plats which opine that
counties may and sometimes are required to apply modern land use and zoning requirements to these old
plats.
ANALYSIS
Typically, DCD provides an opportunity for public input through the deliberative public process outlined
in the Jefferson County Code so that higher densities are created in ways that preserve rural character and
are responsive to the public. For example, the recently approved Discovery Bay Golf Course Planned
Rural Residential Development (PRRD) incorporated the public on at least two occasions through the
notice of application and the public hearing before the hearing examiner. Even then, some community
members felt aggrieved because of the loss of natural area.
By recognizing these old plats without a public process or code mechanism, these applications would
likely establish densities in locations inconsistent with the intent and purpose of the State’s Growth
Management Act (GMA) that seeks ‘to recognize the importance of rural lands and rural character to
Washington’s economy, its people, and its environment while respecting regional differences.’
3
Since DCD’s long-range planners who research best practices, conduct public outreach, develop
recommendations and draft code revisions with the support of the Prosecuting Attorney’s Office are also
assigned current planning responsibilities, DCD’s senior management team recognizes the need to
supplement staffing through consultants for this project. As outlined during the BoCC’s November 1,
2021 housing workshop, DCD permit volume continues to exceed the past year’s record. In 2019, DCD
had more permits than any other year which was subsequently exceeded in 2020 only to be surpassed yet
again in 2022. Consultants would assist staff in carrying out early and continuous community outreach in
the spirit of the growth management act’s public participation goal.
For the purpose of ensuring the robust citizen participation and coordination outlined in the
Comprehensive Plan, DCD anticipates that public participation may be particularly difficult in some
instances, especially with regards to floodplain property owners on the west end and those property
owners in areas with limited broadband. To address these realities, DCD will focus on a participatory
planning approach that relies on in-person and online (hybrid) events. Because planning and staging
comfortable, safe events during the COVID-19 pandemic may be exceptionally challenging, DCD
requests $15,000 for public outreach and analysis, as more fully outlined below under item number 3.
This draft scope of work (SOW) includes the following key components.
1. Communications Plan: DCD recommends a communication plan to update the public and meet
the Growth Management Act’s goal of early and continuous public input. As part of a
communications plan, the County would expand the preliminary list of Frequently Asked
Questions (FAQ), flowcharts illustrating the permitting processes, and create ways to stay
informed such as list serves. Frequently community members do not understand the terms used,
so a proactive step may be to share widely the definitions of terms such as: Subdivision, Plat, and
Lot. DCD will also provide information to the community on the process of subdivision, the
reasons we need to certify lots as buildable when below the base zoning density, and how the law
of boundary line adjustment affects these processes.
2. Regulatory Approaches: Study old plats and the land use effects of different regulatory
approaches in the urban growth area overlay, resource lands, rural areas, and shoreline areas.
Analysis and literature review of regulatory approaches to development within critical areas
(geological hazards, frequently flooded, wetlands, stream and creeks, and critical aquifer recharge
areas) including shorelines that will protect health and the environment. Review of possible
regulatory approaches in different western Washington counties.
3. Participatory Planning & Code Drafting: Participatory planning as defined here involves the
systematic effort to envision Jefferson County’s desired future as outlined in the Comprehensive
Plan and planning for that future, while involving and harnessing the specific competencies and
input of community residents, leaders, and stakeholders in the process. Additional preliminary
code drafting questions include whether the supply of small lots further reduces housing and
affordability by limiting supply and, if so, what measures may be undertaken to reduce, minimize
or eliminate that housing and affordability impacts. Should the county retain subject matter
experts to evaluate the impact on affordability based on various scenarios? Should the county
allow regional variance within the county’s planning areas (see Jefferson County Comprehensive
4
Plan Exhibit 1-17) or base the code revisions solely on land use category or a combination of the
two? Should the County accept area specific public comment through the corresponding
Commissioner Districts or some other venue?
4. State Environmental Policy Act (SEPA): This final step involves review of impacts on the
environment as more fully outlined in the Washington Administrative Code, Chapter 197-11and
public engagement.
NOTICE
This public hearing is being held pursuant to Chapter 36.70A.390 RCW for the purpose of receiving public
testimony on the draft workplan, the ordinance and exemptions thereto, to set policy for acceptance of plats
that came into existing prior to enactment of Chapter 58.17 RCW or Ordinance 02-71, Jefferson County’s
first platting ordinance. Written testimony submitted by electronic mail to: jeffbocc@co.jefferson.wa.us;
or by regular mail postage prepaid to Jefferson County Commissioners’ Office; PO Box 1220, Port
Townsend, WA 98368 will be accepted until the end of the Public Hearing unless extended by the Board
of County Commissioners.
Notice of this hearing was published on November 10, 2021 and November 17, 2021 in the Port Townsend
Leader, Jefferson County’s legal newspaper.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
DCD recognizes that this project generates no recoverable fees and would need to be fully supported by
the General Fund unless grant funding is identified and awarded.
RECOMMENDATION:
After accepting public testimony, authorize the County Administrator to approve consultant expenses in
an amount not to exceed $15,000 to implement the workplan’s public outreach and analysis objectives
and authorize the scheduling of a workshop on December 6, 2021 followed by a public hearing on
December 20, 2021 on Ordinance 06-1011-21 to consider additional exemptions.
REVIEWED BY:
Mark McCauley, Interim County Administrator Date
Public Hearing
Ordinances 05-1004-21 and 06-1011-21
November 22, 2021
1
Board of County Commissioners
Jefferson County
Jefferson County Department of Community Development
Brent A. Butler, Director, Community Development
Shannen Cartmel, Associate Planner
Bryan Benjamin, Assistant Planner
*Appendix F
Mission Statement
2
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
1)Emerging Issue
2)Key Terms and Definitions
3)What is Subject to the Moratorium?
4)What are the Exceptions?
5)Scope of Work
6)Budget and Timeline
7)Accept Testimony
8)Close the Public Hearing
Public Hearing Agenda
Mission Statement
3
"To preserve and enhance the quality of life in Jefferson County by promoting a vibrant
economy, sound communities, and a healthy environment."
Why is this an emerging issue?
What is the urgency?
When noticed?
Where is this issue?
1)Emerging Issue
Mission Statement
4
"To preserve and enhance the quality of life in Jefferson County by promoting a vibrant
economy, sound communities, and a healthy environment."
a)Subdivisions
b)Public Input
c)Boundary Line Adjustments
1)Emerging Issue: why?
Urban Growth Area (UGA)
Master Planned Resort
Planned Rural Residential Development
10 (x) Density Increase in Rural
County without Public Input
*Procedural Approvals
5
Year 2018 Year 2019 Year 2020 Year 2021 Prior year
comparison
Building
Permits
588 582 677 649 649 on
12/17/2020
Zoning
Permits
44 69 73 67 67 permits on
12/14/2020
Shoreline
Permits
23 25 22 18 18 on
10/22/2020
Subdivisions 21 23 18 24
Pre-
application
35 41 26 32
Customer
Assistance
Meetings
813 679 383 405
1) Emerging Issue: what is the urgency and when noticed?
Mission Statement
6
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
2) Key Terms and Definitions
*Subdivisions
*Plats
*Lots
*Boundary Line Adjustment
*Lot of Record
3) What is Subject to the Moratorium
7
Mission Statement
8
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 1 –Repair of Legally Permitted or Nonconforming Onsite Septic
Mission Statement
9
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 2 –Repair, Remodel or Expansion of Existing Legally Permitted
(including non-conforming) structures
Mission Statement
10
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 3 –Lots Already Recognized by Environmental Health
(Department of Public Health) or Department of Community Development
or other Administrative Process, e.g., Assessor’s Plats
Mission Statement
11
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 4 –Applications Deemed Complete by October 4, 2021
Mission Statement
12
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 5 –Lots equal or Larger than Existing Zoning Classification
Mission Statement
13
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 6 –Lot Consolidation by Boundary Line Adjustment
(One Application per Applicant)
Mission Statement
14
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 7 –Publicly Funded Homeless or Low-Income Housing Projects
Mission Statement
15
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 8 –Port Hadlock Urban Growth Area
Mission Statement
16
"To preserve and enhance the quality of life in Jefferson County by promoting a
vibrant economy, sound communities, and a healthy environment."
4) What are the Exceptions to the Moratorium
Exception 9 –Essential Public Facility or Public Entity
5) What is the Scope of Work
a)Communications Plan –visualize and analyze
density, FAQ, and Flowchart
b)Analysis of Regulatory Approaches –Zoning Districts,
Critical Areas, Shorelines
c)Participatory Planning & Code Drafting
d)State Environmental Policy Act
17
5) What is the Scope of Work: Ongoing Analysis
18
•Analysis of regulatory approaches of six Western Washington counties
County
Protocol
Code
Language
Administrative
Process
Required for
Permitting
Innocent
Buyer
Provisions
Substandard
Lot Provision
King X X X
Skagit X X X X X
Whatcom X X X
Kitsap X X X X
5) What is the Scope of Work: Ongoing Analysis
19
•Other considerations for outreach regarding regulatory approaches:
Issues
Complexity
Cost
Processing time
Equity
5) Scope of Work
20
Analysis
Source: Jefferson County Central Services,
Geographic Information Systems (GIS)
21
Disclaimer: For
Planning Purposes
Only
Source: Jefferson County Central Services,
Geographic Information Systems (GIS)
22
Disclaimer: For
Planning Purposes
Only
Source: Jefferson County Central Services,
Geographic Information Systems (GIS)
23
Disclaimer: For
Planning Purposes
Only
Source: Jefferson County Central Services,
Geographic Information Systems (GIS)
24
Human Resources
•Long Range Assistant Planner assigned to 2021 Comp Plan Cycle (1st Quarter 2023
Completion), Homeless Housing Ordinance (*June 2022 Completion), Short Term
Rentals (TBD)
•Current Associate Planner Assigned to Large Projects and Energov (2022 2nd
Quarter
•Planning Commission Subcommittee (Direct Preparation of PC Recommendations
by 1st or 2nd Quarter 2022)
Capital
•Consultants to assist outreach and/or analysis especially on low income households
Allocate up to $15,000 for 3 Community Meetings and/or Analysis
6) Budget and Timeline
After accepting
Testimony, consider
scheduling Workshop on
December 6, 2021 and
Public Hearing on
December 20, 2021
before the Board of
County Commissioners
25