Chapter 17.08
APPLICABILITY

Sections:

17.08.010    Applicability.

17.08.020    Exclusions.

17.08.010 Applicability.

Unless excluded by BIMC 17.08.020, all short, long, large lot, nonresidential and multifamily subdivisions, as defined in Chapter 17.28 BIMC and Chapter 18.36 BIMC, shall comply with this title. (Ord. 2011-02 § 2 (Exh. A), 2011)

17.08.020 Exclusions.

This title shall not apply to:

A. Cemeteries and other burial plots while used for that purpose.

B. Divisions made by testamentary provisions, or the laws of descent, as defined in Chapter 17.28 BIMC.

C. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with city ordinance.

D. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with city ordinance.

E. Divisions of land into lots or tracts if:

1. The improvements constructed or to be constructed on the lot or tract will be included in one or more condominiums or are owned by an association or other legal entity in which the owners of units or their owners’ associations have a membership or other legal or beneficial interest; or

2. The city has approved a binding site plan for all such land and the binding site plan contains the following statement:

All development of the land described in this site plan shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units or their owners’ association have a membership or other legal or beneficial interest.

F. A division (1) caused by condemnation or by acquisition by a government entity in lieu of condemnation, or (2) otherwise resulting from a transfer of land to a government entity for open space, park, public vehicular access, public pedestrian access, utility, or right-of-way purposes, or to a private utility regulated by the State Utilities and Transportation Commission for utility improvement purposes.

G. Any division of land that is exempted from the scope of RCW Title 58 or its successors.

H. Short subdivisions shall not be used, either by a person alone or by persons acting together, at one time or over a period of time, as a means to circumvent compliance with the more stringent subdivision requirements that control the subdivision of land into five or more lots. When an application for a short subdivision is filed within five years after the approval of a short subdivision on a contiguous land parcel, a presumption of an attempt to circumvent short subdivision requirements may be invoked by the director as a basis for further investigation to assure compliance with the intent of this provision. (Ord. 2011-02 § 2 (Exh. A), 2011)