HomeMy WebLinkAbout2022 08 19 Ordinance re Legal lots of Record - DRAFTDRAFT
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Related to Determination of the Legal Status of Lots, Standards for Nonconforming Lots, and Boundary Line
Adjustments; Amending Chapter 18.10 and 18.35 of the Jefferson County Code; and Adopting a New Chapter 18.12 of the Jefferson County Code
ORDINANCE NO.
WHEREAS, RCW 58.17.210 prohibits the County from issuing a building permit, septic permit, or
other development permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17
RCW, unless the landowner is an innocent purchaser for value; and
WHEREAS, the Jefferson County Comprehensive Plan recognizes the following at page 1-28:
Some areas zoned for residential uses have smaller lots platted prior to 1998 than would be allowed with new plats. Residential uses may be permitted on existing lots
of record as legal lots. However, in terms of development, some of the smaller lot sizes could require consolidation with other lots to meet current Health Department standards for wells or septic areas, or to meet other regulations, such as critical areas;
and
WHEREAS, the amendments adopted as part of this Ordinance will implement the intent of the
Comprehensive Plan; and
WHEREAS, the Jefferson County Board of Commissioners (“BoCC”) recognizes the need to adopt an administrative process to determine whether a lot was legally created; and
WHEREAS, the BoCC wishes to balance the desire to protect the character and quality of residential communities as envisioned by the Jefferson County Comprehensive Plan and current
zoning code with the desire to allow residential development on legally existing lots that were
created before the current zoning was in place; and
WHEREAS, although property owners may develop legally existing lots smaller than current zoning, the BoCC recognizes the need to ensure that on-site sewage systems (OSS) on small lots do
not pollute marine waters or otherwise degrade water quality, so as to protect public health and the
riparian and marine environment; and
WHEREAS, in some circumstances substandard lots should be consolidated to allow for creation of a lot that meets minimum public health standards and land use regulations; and
WHEREAS, in adopting this ordinance, the BoCC balances the need to protect the public health and important environmental resources within the county as well as rural character with the need to
allow a property owner of reasonable economic use of their property.
NOW THEREFORE, be it ordained by the BoCC as follows:
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Section 1. Findings. The BoCC hereby adopt the above recitals (the “WHEREAS” statements) as
its findings of fact in support of this Ordinance.
Section 2. Amending JCC 18.10.040 and 18.10.120. Jefferson County Code Sections 18.10.040
(last amended by Ord. 4-19 § 1 (Exh. A)) and 18.10.120 (last amended by Ord. 5-20 § 3 (Appx. A)), are amended to read as set out in Appendix A.
Section 3. Adding New Chapter 18.12 JCC. A new chapter 18.12 is added to the Jefferson County Code to read as set out in Appendix B.
Section 4. Amending JCC 18.35.060 through JCC 18.35.080. Sections 18.35.060, 18.35.070, and
18.35.080 of the Jefferson County Code, last amended by Ordinance 14-18 § 4 (Exh. B), are amended to read as set out in Appendix C.
Section 5. Establishment Fees. Fees set forth in Chapter 18.12 JCC shall be established. These fees shall be added to the Appendix Fee Schedule.
Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. The Department of Community Development prepared an
environmental checklist detailing the proposed ordinance and its compliance with the State
Environmental Policy Act (SEPA). After a review of the environmental checklist, proposal, available information, and applicable regulations Jefferson County’s SEPA Responsible Official issued a Determination of Non-Significance (DNS) on August 23, 2022 under WAC 197-11-340(1). The DNS was posted to the statewide SEPA Register managed by the Washington Department of
Ecology.
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this ________ day of _____________, 2022.
SEAL:
ATTEST:
______________________ _________________________________ Carolyn Gallaway
Deputy Clerk of the Board Approved as to form only:
_________________________________
Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS ________________________________________ Kate Dean, Chair
________________________________________ Heidi Eisenhour, Member ________________________________________
Greg Brotherton, Member
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APPENDIX A
Section JCC 18.10.040 of the Jefferson County Code,, last amended by Ord. 4-19 § 1 (Exh. A), is
amended to read: JCC 18.10.040 D definitions.
“Day care, commercial” means a person or agency that provides care for 13 or more children during
part of the 24-hour day (RCW 74.15.020).
(1) “Home day care provider” means a state-licensed day care provider who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters (RCW 74.15.020).
(2) “Child day care center” means a person or agency providing care during part of the 24-hour day
to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed (RCW 35.63.170).
“Days, calendar” means so many days computed according to the course of the calendar. In
computing comment and appeal periods under this code, if the last day so computed is a Saturday,
Sunday or legal holiday, the comment or appeal period shall run to the next business day.
“DCD” means the Jefferson County department of community development.
“Dedicate” means to set aside a piece of real property, a structure, or a facility for public or private use or ownership.
“Dedication” means a deliberate appropriation of land by its owners for any general and public
uses, reserving to the owner/dedicator no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
“Degrade” means to scale down in desirability or salability, to impair in respect to some physical property or to reduce in structure or function, in terms of Jefferson County standards and
environment.
“Density” means the quantity per unit area, such as the number of dwelling units per acre.
“Design capacity” means the theoretical or calculated maximum ability of a system or device to handle the duty for which it is to be used.
“Developable area” means the area of land which is not constrained from development by land use
restrictions.
“Development” means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or any extension of the use of land, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation (except activities meeting the definition of forest practices), storage of materials or equipment in a
designated floodway, or other site disturbance, which either requires a permit, approval
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or authorization from the County or is proposed by a public agency. “Development application”
means an application for a development permit.
“Development envelope” means the portion of a lot which may be used for development. As
applied to a buildable lot for residential purposes, the portion of a lot which may contain a dwelling(s) and accessory structures.
“Development permit” means any permit issued by Jefferson County allowing development.
“Development regulation or regulations” means the controls placed on development or land use
activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the
legislative body of the county (RCW 36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not include ordinances or regulations that address administrative processes and procedures related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law.
“Development right” means the right to develop property subject to federal, state, and local
restrictions and regulations.
“Director” means, unless otherwise specified, the director of the county’s department of community development (DCD) or the director’s designee.
“Discretionary use” means all unnamed and certain named uses in Table 3-1 in
JCC 18.15.040 which, subject to the administrative review and classification criteria set out in
Chapter 18.15 JCC, may be classified by the administrator as an allowed outright “Yes” use, a
conditional “C” use or a prohibited “No” use in the applicable district for which the use is proposed.
“District” means a part, zone, or geographic area within Jefferson County within which certain development regulations apply.
“Disturbed area” means any place where activities clearly in preparation for, or during, surface
mining have physically disrupted, covered, compacted, moved, or otherwise altered the characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity. Disturbed areas may include but are not limited to: working faces, water bodies created by mine-related excavation, pit floors, the land beneath processing plant and stock pile sites, spoil pile sites,
and equipment staging areas. Disturbed areas shall also include aboveground waste rock sites and
tailing facilities, and other surface manifestations of underground mines. Disturbed areas do not
include surface mine access roads in mineral resource land designations unless these have characteristics of topography, drainage, slope stability, or ownership that, in the opinion of the department of natural resources, make reclamation necessary, lands that have been reclaimed to all
standards outlined in this chapter, rules of the department of natural resources, any applicable SEPA
document, and the approved reclamation plan, and subsurface aspects of underground mines, such
as portals, tunnels, shafts, pillars, and stopes.
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“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership (see Chapter 18.35 JCC).
DOT. (See “WADOT” or “WSDOT.”)
“Drainage” means surface water runoff; the removal of surface water or groundwater from land by drains, grading, or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.
“Drainageway” means any natural or artificial watercourse, trench, ditch, swale, or similar
depression into which surface water flows.
“Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other water
body.
“Drinking establishment (lounge)” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises. A restaurant operated as part of a lounge is
considered to be accessory to the lounge.
“Drive-thru window service” means businesses where patrons may carry on business on the premises while in a motor vehicle (see also “Mobile food unit”).
“Driveway” means a strip of land which provides vehicular access to one or two lots.
Duplex. (See “Dwelling unit, two-family.”)
“Dwelling unit” means one or more rooms or structures designed for occupancy by an individual or
family for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, for use solely by the dwelling’s occupants.
“Dwelling unit, multiple-family” means one or more structures containing three or more dwelling
units.
“Dwelling unit, two-family” (duplex) means a single structure containing two dwelling units.
Section JCC 18.10.120 of the Jefferson County Code, last amended by Ord. 5-20 § 3 (Appx. A), is amended to read:
JCC 18.10.120 L definitions.
“Land disturbing activity” means any activity that results in movement of earth, or a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land-
disturbing activity.
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Land Division. (See “Division of land.”)
“Land use decision” means a final determination by the county’s hearing body or officer with the
highest level of authority to make the determination, including those with authority to hear appeals,
on:
(a) An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of
public property; excluding applications for legislative approvals such as area-wide rezones and
annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and
(c) The enforcement by the county of regulations governing the improvement, development,
modification, maintenance, or use of real property.
“Landslide hazard areas” has the same meaning as in WAC 365-190-030(10).
“Landward” means to or toward the land.
“Legal lot of record” means any lot that is determined to be a legal lot of record pursuant to chapter
18.12 JCC and is the same as “legal lot of record” referred to in WAC 246-272A.0320(5)(e)(i).
“Level of service (LOS)” means the number of units of capacity per unit of demand (e.g., trips, population, school-age residents) or other appropriate measure of need sufficient to meet the standards for adequate service set forth in the Comprehensive Plan. (See also “Adequate capacity
(adequate capital or public facilities),” “Available capital facilities (available capacity),” and
“Concurrency.”)
“Light industrial” means a use involving: (1) basic processing and manufacturing of materials or products predominantly from previously prepared materials; or (2) finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and
distribution of such products, but excluding basic processing of raw materials except food products.
“Livestock” means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute.
Livestock does not mean free-ranging wildlife as defined in Title 77 RCW.
“Livestock management” includes breeding, birthing, feeding, care, processing and sales of animals and animal products, birds, honey bees, fish and shellfish.
“Logging” means activities related to and conducted for purposes of harvesting or processing
timber.
“Long-term commercial significance” has the same meaning as in WAC 365-190-030(11).
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“Lot” means a contiguous quantity of land in possession of, owned by or recorded as the property
of a person or entity. A lot shall also include any individually numbered or separately designated
parcels of property in an approved subdivision or development.
“Lot, buildable,” means a lot that is a legal lot of record, as determined by the director pursuant to Chapter 18.12 JCC and applicable law, and eligible for to apply for a development or other land use permit, subdivision, or land division. “Lot, corner” means a lot situated at the intersection of two roads, by which the interior angle does not exceed 135 degrees.
“Lot coverage” means the surface area of a lot or lots within a single development which is
occupied by buildings, excluding roof overhangs and covered porches not used for sales, storage, or service.
“Lot, frontage” means the boundary of a lot that is along an existing or dedicated public road, or
where no public road exists, along a private road, easement or access way. On an interior lot, it is
the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line most parallel to
the nearest road from which access is obtained.
“Lot of record” means an undeveloped lot, tract or parcel of land shown on an officially recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of property and
described by platted lot number or by metes and bounds and lawfully established for conveyancing
purposes on the date of recording of the instrument first referencing the lot. The term “lot of record”
does not imply that the lot was created in conformity with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 JCC. a lot or parcel of land that met all applicable zoning and subdivision requirements in effect at the time of lot creation, and meets the standards of JCC 18.12.050. A lot of record is not necessarily developable
or buildable. To be developed, a legal lot of record must also meet the definition of “buildable lot,”
as determined by the county.
“Lot, pipestem” means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway. The term is synonymous with “flag lot.”
“Lot, substandard” means a lot or parcel of land that has less than the required minimum area or
width as established by the land use district in which it is located; and provided, that such lot or parcel was of record as a legally created lot on the effective date of the Jefferson County Unified Development Code. A substandard lot is a legal lot of record. “Substandard” should not be equated with unbuildable. (See “Lot, buildable.”)
“Lot, through” means a lot that has both ends fronting on a road or street; both ends shall be deemed
front.
“Lumber mill, portable” means portable equipment to mill, split, or otherwise process forest products.
“Lumber mill, stationary” means a permanently located facility or equipment used to process forest products.
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APPENDIX B
Chapter 18.12
Legal Lot of Record Determination and Lot Consolidation
18.12.010. Purpose and applicability.
18.12.020. Effect of legal lot of record determination.
18.12.030. Process for determination of legal lot of record. 18.12.040. Application and submittal contents. 18.12.050. Legal lot of record determination - approval standards. 18.12.060. Lots or parcels of land that are not considered legal lots of record. 18.12.070. Development of lots of record that do not meet minimum lot size or
underlying density of the zoning district. 18.12.080. Reasonable economic use criteria. 18.12.090. Lots created by testamentary provision or the laws of descent.
18.12.100. Violation of subdivision code and innocent purchaser for value. 18.12.110. Application fee.
18.12.010. Purpose and applicability.
(1) This chapter addresses the processes and standards for determining whether a lot or parcel is a legal lot of record, consistent with applicable state and local law. This chapter is
intended to comply with RCW 58.17.210.
(2) A lot is a lot of record if it meets the definition of JCC 18.10.040. A lot of record may be
conveyed without violating the provisions of Chapter 58.17 RCW. To be eligible for a development permit, a lot of record must be determined to be a legal lot of record.
(3) This chapter provides for a legal lot of record determination process, which is an
administrative permitting process for determination of whether a lot or parcel is eligible for
development.
(4) This chapter applies to any application for a legal lot of record determination, and to any application for any development permit, including an on-site sewage system permit under Chapter 8.15 JCC. 18.12.020. Effect of legal lot of record determination.
(1) If the department determines a lot to be a legal lot of record under this chapter, a copy of the director’s determination will be recorded with the county auditor. Failure to record
determination of legal lot of record status may result in loss of approval status, and may require additional review of the lot for legal lot of record status under this chapter.
(2) A determination by the director that a lot, tract, or parcel of land does not meet the requirements for a legal lot of record, lot of record, or innocent purchaser for value exception
pursuant to JCC 18.12.100 shall also be recorded by the director for purposes of innocent
purchaser notification. The director shall collect sufficient fees as part of the application process
for determination of legal lot of record to cover this expense.
(3) In certain cases, the director may require the applicant or owner to provide a professional
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survey of the legal lot of record with a legal description, and to record the survey with the county auditor. The director shall determine by administrative rule when it is necessary to require a professional survey of the legal lot of record.
(4) Once issued and recorded, a determination of legal lot of record shall constitute a final determination for the specified legal description. Any future development permit requests on the same legal description may rely on the existing determination. Determinations issued administratively by the county prior to the effective date of Chapter 18.12 JCC shall be entitled
to the same finality as a legal lot of record determination issued pursuant to this chapter.
(5) Issuance of a legal lot of record determination finding that a lot is eligible to be considered for development permits under this chapter shall not constitute a determination that the lot of record has met all other applicable requirements of the Jefferson County Code or any other applicable local, state, or federal law. Nothing in this section shall be interpreted to replace or
supersede any requirements of any applicable public or private water purveyor.
18.12.030. Process for determination of legal lot of record.
(1) The department may determine that a lot or parcel of land is a legal lot of record through one
of the following processes:
(a) Stand-alone application for status as legal lot of record. An owner of property or their representative may apply for a determination that a lot or parcel of land is a
legal lot of record, with submittal of applicable fees. The application will be
processed as a Type I application.
(b) Legal lot of record determination in conjunction with a development, subdivision, or other land use application. The department shall review any application for a building permit, development, subdivision, or any other land use application or approval to ensure the requirements of this chapter are met.
(2) A legal lot of record determination shall be required prior to or as a part of any development permit application, septic application, land use permit application, or land division permit application, or prior to any other process to adjustment property boundaries, including condominimization. The applicant shall submit fees for a legal lot of record determination with
any other fees assessed, unless the lot or parcel has been recognized as a legal lot of record
through a previous determination.
(3) Any legal lot of record determination required as part of a development permit application
shall not require a letter of completeness (JCC 18.40.110), a Notice of Development Application
and public comment period (JCC 18.40.160 and 18.40.220), nor a Notice of Decision (JCC
chapter 18.40).
(4) The land owner bears the burden of proof to demonstrate that the lot or parcel of land is a legal lot of record by a preponderance of the evidence, supported by appropriate written documentation per JCC 18.12.040. (5) A lot or parcel of land that has been previously recognized by the county as a legal lot of record and recorded with the county auditor shall remain a legal lot of record unless changed by the action of the owner.
18.12.040. Application submittal and contents.
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(1) Information required for stand-alone application. The application for a stand-alone legal lot of record determination shall be submitted on department forms, along with the required fees
established under JCC 18.12.110. The application shall include a written description of the proposed use of the property and all materials required pursuant to JCC 18.12.040(3).
(2) Information required for supplemental application. A supplemental application for legal lot of record determination shall be required for any development permit application proposed on a
parcel or lot that has not received a prior determination establishing legal lot of record status. A
supplemental application shall be submitted on department forms, along with the required fees
established under JCC 18.12.110.
(3) Both the supplemental permit application and stand-alone permit application must include sufficient documentation to evidence that a lot or parcel is a legal lot of record. The administrator in their sole discretion may require one or more of the following types of documentation for review:
(a) Recorded plat or associated AFN.
(b) Approved unrecorded subdivision.
(c) Deed prior to September 7, 1971.
(d) Prior recognition of legal lot status by the county.
(e) Title report.
(f) Deed history.
(g) Tax history.
18.12.050. Legal lot of record determination - approval standards.
(1) To be considered a legal lot of record and eligible for a development permit, the applicant
must demonstrate all of the following standards apply:
(a) The lot was legally created, meaning that it meets the definition of lot of record,
as defined in JCC 18.10.120, or is a lot owned by an innocent purchaser for value who meets the requirements of JCC 18.12.070 and RCW 58.17.210 for the lot in question; and
(b) The lot of record qualifies under one of the following:
(i) It meets the minimum lot size requirements, or if no minimum lot size requirement exists, the density of the zoning district in which it is located; or
(ii) The lot meets one or more of the provisions identified in JCC
18.12.070(3) or JCC 18.12.080.
(2) Lots restricted from development by prior county decision (i.e., plat notes, open space designation, or other means) shall not be considered buildable regardless of lot size, unless the restriction is removed through a codified process allowing removal of the restriction and the lot meets all current requirements of county code.
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(3) A lot of record may be legally conveyed without violating the provisions of RCW 58.17.210, but may or may not be eligible for development permits.
18.12.060. Lots, tracts, or parcels of land that are not considered legal lots of record.
(1) The following types of lots or parcels of land are not legal lots of record and will not be
considered eligible for development under this chapter:
(a) Vacated rights-of-way;
(b) Tidelands;
(c) Parcels designated solely for access purposes; and
(d) Parcels created for tax segregation purposes.
(2) A separate assessor’s parcel number shall not be sufficient evidence that a lot meets the
definition of lot of record or legal lot of record.
(3) Any plat created prior to June 9, 1937 that was in single ownership as of October 4, 2021 shall not be considered to contain separate legal lots of record for development purposes. Under these circumstances, the owner must apply for a subdivision or short subdivision pursuant to Chapter 18.35 JCC and meet current zoning density requirements if they wish to divide the property into additional lots.
(4) Any plat created between June 9, 1937 and August 11, 1969 that was in single ownership as
of October 4, 2021 and does not meet health, safety, and welfare standards per JCC 18.12.080(2)
shall not be considered to contain separate legal lots of record for development purposes. Under these circumstances, the owner must apply for a subdivision or short subdivision pursuant to Chapter 18.35 JCC and meet current zoning density requirements to achieve legal lot of record status.
18.12.070. Development of lots of record that do not meet minimum lot size or underlying
density of the zoning district.
(1) Lots of record that do not meet the minimum lot size requirements or underlying density of the zoning district in which they are located (hereafter “substandard lots”) shall only be
considered for development permits if they are not restricted from development by
prior county decision or action, are not the types of parcels listed in JCC 18.12.060(1) or (2), and
meet one or more of the exceptions described in this section.
(2) A landowner must aggregate adjacent lots to the extent possible to bring the lot to conforming status. Any lots sold for the purpose of avoiding this requirement shall be considered be subject to the limitation in JCC 18.12.080(1)(c) and not eligible for a reasonable economic use exception.
(3) If more than one of the following exceptions applies, the director shall approve the exception that is the most consistent with the purposes of the land use district in which it is located, as described in Chapter 18.15 JCC. The lot approved must be of the least nonconforming size possible with respect to current zoning requirements to meet the requirements of this section. If a landowner could aggregate lots to make a more conforming lot, the director shall require the landowner to do so to satisfy the requirements of this section.
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(4) A substandard lot may be considered a legal lot of record and eligible for a development permit through meeting one of the following provisions:
(a) The lot of record was properly platted and approved by Jefferson County on or
after August 11, 1969; provided, that it complies with JCC 18.12.050(2);
(b) The configuration of the lot has been previously approved by the county through an administrative procedure prior to the effective date of this chapter;
(c) The lot of record is part of an adopted “Limited Area of More Intense Rural
Development (LAMIRD)” or Rural Village Center pursuant to the comprehensive
plan, can satisfy any necessary minimum lot area requirements for siting an on- site sewage system and water supply, and the density proposed allows for infill development at densities comparable to the surrounding area;
(d) The lot of record or aggregation of lots is located in the Irondale and Port Hadlock
Urban Growth Area Overlay District, and can satisfy the requirements of the
Jefferson 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);
(e) The lot contains an existing dwelling unit for which the owner obtained a permit for its construction and approval to occupy from the county;
(f) The lot was approved by the county for development and the approval has not
expired;
(g) The lot of record was legally created prior to August 11, 1969, or if created after August 11, 1969, was exempt from subdivision requirements at the time it was created, and meets one of the following requirements:
(i) The lot of record is five acres or larger and is located in any rural land
use district; or
(ii) The lot of record is 10 acres or larger and is located in any resource lands land use district;
(h) The lot of record is not within a flood hazard area or channel migration zone expected to impact the property within 100 years and the director in their sole discretion determines that development of the lot meets all requirements of chapter 8.15 JCC, is necessary for emergency purposes, and the benefits of
recognizing the lot as a legal lot of record outweigh the potential detriments;
(i) The lot of record is not within a flood hazard area or channel migration zone
expected to impact the property within 100 years and the director in their sole
discretion determines that development of the substandard lot:
A. consists of a nonresidential use that is consistent with the applicable land use district,
B. would further one or more policies of the comprehensive plan, and
C. development of the lot meets all requirements of chapter 8.15 JCC.
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(5) Aggregation of lots. An owner of contiguous, substandard lots shall aggregate (combine) lots to meet the requirements of this section; provided, that any aggregation of lots shall meet the
minimum lot size or underlying density and be recorded as a boundary line adjustment pursuant to JCC 18.35.060 through 18.35.080. If the resulting aggregation of lots does not meet the zoning minimum lot size or underlying density, the lot must meet an exception in JCC 18.12.070(3), or the owner must apply for and receive a reasonable use exception pursuant to JCC 18.12.080 to
be considered for a development permit.
(6) Any lot of record that is recognized as eligible for development under this section shall be
considered a legal lot of record and a buildable lot eligible for development.
18.12.080. Reasonable economic use of substandard lots – approval criteria.
(1) Reasonable economic use of a substandard lot. The director will consider a reasonable use exception only if none of the provisions of JCC 18.12.070 apply to allow for development on a
substandard lot. The director may grant the exception if the applicant demonstrates that the
application for a reasonable economic use exception meets all of the following criteria:
(a) The health officer has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel is adequate and will likely not cause degradation to groundwater or surface water quality; (b) The director has determined that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interfere with or impair existing or planned public roads and drainage facilities in the vicinity;
(c) The existence of the substandard lot is not the result of the property owner
segregating or dividing the property or otherwise creating the condition that
results in the need for a reasonable economic use exception;
(d) The property owner cannot consolidate an adjacent lot(s) to create a buildable lot pursuant to JCC 18.12.070(4);
(e) The lot, tract, or parcel is directly adjacent to existing lot, tract, or parcel with
existing residential development;
(f) The proposed activity on the lot will not adversely affect the public, safety and welfare of persons occupying the property, adjacent or nearby property owners, or the general public; (g) The proposed activity on the lot will not cause or increase flooding, degradation of critical areas or species, degradation to natural resources such as shellfish beds, or degradation of areas preserved for public enjoyment such as parks, beaches, and other natural areas;
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(h) The proposed activity on the lot will not adversely affect adjacent or nearby property owners, or interfere with their enjoyment of their property; (i) The activity proposed is the minimum necessary to allow for reasonable economic
use of the property, including agricultural, forestry, or recreational activities; and
(j) The director determines that issuance of the permit will not adversely affect the public interest, as required by RCW 58.17.210. (2) Determination of reasonable economic use for all or part of a plat pre-August 11, 1969.
Certain plats may substantially meet the of Title 18 JCC and chapter 58.17 RCW. If a substandard lot cannot be developed under the provisions of JCC 18.12.070(3) or JCC 18.12.080(1), a lot owner or representative may apply for an evaluation of the entire plat. The director may determine that lots within all or part of a plat can be recognized as legal lots of
record if they meet the following requirements:
(a) The plat was legally created between June 9, 1937 and August 11, 1969;
(b) Further development of the plat would not substantively alter rural character based on
existing location and patterns of development within the plat;
(c) Recognition of lots within the plat would not impact forestry resources according to the following provisions:
(i) Lots are not zoned for forestry use;
(ii) Lots that are vacant or not developed with residential uses and are more than 250 feet from any CF-80 parcel;
(iii) Lots that are vacant or not developed with residential uses and are more than 100 feet from any RF-40 parcel.
(d) The plat has reasonable access to existing public recreation facilities, such as parks,
open spaces, or community facilities;
(e) Development of lots within the plat can comply with chapter 18.22 JCC;
(f) Every lot proposed for development within the plat can satisfy the water availability
requirements of RCW 19.27.097 and any applicable water resource inventory area
(WRIA) administrative rule adopted by the Washington State Department of Ecology;
(g) Development of the plat will not harm environmental resources such as shorelines, shellfish areas, and salmonid habitat, nor will it impact water quality or quantity; and
(h) The director receives a report from the director of public works that concludes that further of the development of the plat will not create significant adverse environmental impacts to the transportation system, after evaluating the following:
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A. Levels of service of existing roadways and possible effects caused by development of the plat;
B. Ingress and egress to the plat;
C. Road engineering;
D. Management of stormwater runoff from roads;
E. Whether the developed plat can meet current stormwater regulations;
F. Any existing community stormwater drainage system; and,
G. Utility access and maintenance easements for county maintenance;
and
(i) The director receives a report from the department of public health that concludes that further of the development of the plat will not create significant adverse environmental
impacts to public health, after reviewing the following:
A. Water availability and potential impacts to water and other environmental resources that may be affected by development of the plat; and B. Proposed methods for sewage disposal, and the availability of
adequate land area for each proposed lot to meet state and local
regulations.
18.12.090 Lots created by testamentary provision or the laws of descent. Lots created through testamentary provisions or the laws of descent shall be governed by the following requirements:
(1) Lots that meet the current lot size or underlying density requirements of the zoning district in
which they are located shall be treated the same as a legally subdivided lot and shall be
considered a legal lot of record;
(2) Lots that do not meet the current lot size or underlying density 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 JCC 18.12.060(4);
(3) Lots that do not meet the current minimum lot size or underlying density 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
to be buildable lots that can receive development permits.
18.12.100 Violation of subdivision code and innocent purchaser for value.
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(1) Knowingly transferring or selling a lot in violation of land division regulations is a gross misdemeanor pursuant to RCW 58.17.300. Development of any lot, tract or parcel of land
divided in violation of state law or this title is prohibited. No building permit, on-site sewage system permit or other development permit shall be issued for any lot, tract or parcel, divided in violation of JCC Title 18 or chapter 58.17 RCW. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice.
(2) Innocent purchaser for value exception. The director may approve the creation of a lot,
parcel or tract that otherwise violates JCC Title 18 or Chapter 58.17 RCW under the
limitations contained in this section. Any lot that qualifies for an innocent purchaser for value exception must still satisfy the requirements of JCC 18.12.050 to become a legal lot of record.
(a) To qualify for an innocent purchaser for value exception, the applicant must demonstrate the following:
(i) The applicant purchased the lot, tract or parcel for value; and
(ii) The applicant did not have actual notice that the lot, tract or parcel had been part of a larger lot, tract or parcel that was subdivided.
(b) All contiguous lots created in violation of chapter 58.17 RCW that are under
the same ownership at the time of application for innocent purchaser status
shall be recognized only as a single lot and shall be combined through a
boundary line adjustment.
(c) A determination under this section shall be a Type II decision. The applicant for an innocent purchaser for value exception under this section bears the burden of proof to demonstrate that the application meets the applicable
requirements by a preponderance of the evidence, supported by adequate
documentation.
18.12.110. Application Fee. A $XXX application fee is required to file an application for a legal lot of record.
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APPENDIX C
Amendments to the Boundary Line Adjustments Code
Section 18.35.060 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.060 Purpose, scope, and limitations.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines between platted or unplatted lots, tracts or
parcels, or both in order to:
(a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a buildable lot or for any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c) Achieve increased setbacks from property lines or critical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC.
(2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or
division as defined in Chapter 18.10 JCC;
(b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a buildable lot as defined in Chapter 18.10 JCC;
(c) An adjustment that crosses zoning district boundaries. Adjustments may be allowed
across different rural residential densities;
(d) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat; or circumvent the short subdivision or long subdivision procedures set forth in this chapter; or
(e) Separate an accessory dwelling unit from the primary use of the property.
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(3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all
cases be considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil evaluation.
(4) Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment
to separate lots to another property not included in the original site plan of the subject
development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil evaluation..
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the exception of lot consolidations, testamentary divisions, civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or more property owners for the purpose of settling a dispute.
Section 18.35.070 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the
following:
(1) Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance.
(a) A single application may be submitted for multiple BLAs for adjacent parcels, lots,
tracts or sites within a binding site plan. However, standard application fee(s) shall apply to
each BLA after the first two per additional parcel, lot, tract or site.
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the number of resulting parcels or lots;
(2) A completed land use permit application form, including all materials required pursuant to
Chapter 18.40 JCC;
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(3) Three copies of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken
lines;
(c) The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depicted
with broken lines and structures to remain on the site depicted with solid lines;
(d) A north arrow indication and scale;
(e) All assessor’s tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
(g) The location and dimensions of any easements within or adjacent to any affected lots,
tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private, and other public ways within or adjacent to the affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
(j) The existing on-site sewage system components and reserve areas and the proposed location for on-site sewage systems and soil test pits for all affected lots that are not currently served by an on-site sewage system or other approved wastewater treatment system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(l) The approximate location and extent of any critical areas identified in Chapter 18.22 JCC. The following notice will be recorded on the drawing when the parcels that are part of the boundary line adjustment include, or are adjacent to, critical areas:
Notice to Public: Current Jefferson County geographic information systems (GIS) maps identify the presence of a critical area such as stream, wetland, flood, landslide
hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community
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development regarding compliance for such critical areas. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such
determination is dependent on approvals of water, septic, bulk and dimensional
setbacks, and critical area requirements.
(4) The original legal description of the entire property together with new separate legal descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel
B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face
a formal legal declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject properties. In cases where the property has not been surveyed, the following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request
for a Boundary Line Adjustment (BLA) has been approved. Since no survey was
submitted as part of your BLA application, the County accepts no liability for what facts a survey might have revealed. A survey might have revealed that a structure or improvement believed to be on the applicant’s property is, in fact, located wholly or partially upon someone else’s property or upon property that is not the subject of this BLA. But in the absence of a survey, the applicant bears sole responsibility if such a
problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned
rural residential development (PRRD) agreements pertaining to or affecting the property; and
(6) If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification
from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or
parcel that does not contain a dwelling. In cases where the requirement to provide written
verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing:
Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a
buildable site within said parcel(s). Such determination is dependent on approvals of
water, septic, bulk and dimensional setbacks, and ESA requirements.
This requirement shall be waived for resultant parcels that:
(a) Have existing residential structures; or
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(b) Have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation easements, restrictive covenant, or similar legal arrangement. The
open space tax program shall not be used to fulfill this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company certification of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security
interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and approve the final survey prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the properties to be adjusted with a description
of purpose and referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title Association (A.L.T.A.) policy may be required by the director of the
department of public works.
Section 18.35.080 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.080 Review process and criteria.
(1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson
County assessor.
(2) Based on any comments solicited and received from the department of public works, the department of environmental health or other applicable departments and agencies, the administrator shall approve the proposed boundary line adjustment only upon finding that the adjustment would not:
(a) Create any additional lot, tract, parcel, site within a binding site plan or division or
relocate any lot, tract, parcel, or site within a binding site plan or division to another parent
parcel;
(b) Result in the creation of a lot which is not a buildable lot, unless such lot is restricted by recorded instrument acknowledging the lot is for the purpose of conservation, open space, or other similar purpose;
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(b) Result in a lot, tract, parcel, site within a binding site plan or division that results in insufficient area or dimension to meet the minimum requirements for area and dimension
as set forth in chapter 8.15 JCC and state and local health codes and regulations;
(c) Diminish or impair drainage, water supply, existing sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site (i.e., within an approved binding site plan), or division;
(d) Diminish or impair any public or private utility easement or deprive any parcel of
access or utilities;
(e) Diminish or impair the functions and values of critical areas designated under Chapter 18.22 JCC, or create an unsafe or hazardous environmental condition;
(f) Create unreasonably restrictive or hazardous access to the property;
(g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an
existing lot, tract or parcel relative to Chapter 18.15 JCC;
(h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the
conditions of approval for any short or long subdivision; or
(i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an adjustment across rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be prepared by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land surveyor’s certificate and a recording certificate. The final page of the record of survey document shall contain the following signature blocks:
(a) The Jefferson County assessor’s office, to be signed by the Jefferson County assessor or
his/her designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A
BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT
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IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING
SITE.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment.
(6) Applications for boundary line adjustments shall be processed according to the procedures
for Type I land use decisions established in Chapter 18.40 JCC.
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