Chapter 16.12
ADMINISTRATIVE PROVISIONS
Sections:
16.12.025 Concurrent procedures.
16.12.035 Determining innocent purchaser status.
16.12.050 Violation – Penalty.
16.12.010 Effect of rezones.
Any lots in a final plat or short plat filed for record with the county auditor shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.020 Modifications.
A. Where a significant change in a subdivision or short subdivision, not covered by ordinary and customary field changes, is requested after preliminary approval has been granted, an applicant may submit the request in writing to the city provided the modification does not constitute a variance. Modification is not intended to allow exceptions to otherwise applicable zoning, environmental, sensitive area or design criteria requirements.
B. When an applicant requests a modification to an approved preliminary plat, the city council shall hold a hearing, and shall amend, approve or disapprove the requested modifications. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.025 Concurrent procedures.
Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat for a subdivision or short subdivision shall be processed simultaneously with applications for rezones, variances, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. Although processed simultaneously, a separate application and appropriate fee must be filed for each procedure. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.030 Permits.
No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title; provided, the prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice determined under BMC 16.12.035. If an applicant is in violation of this title and denied innocent purchaser status, the applicant may obtain an exemption from applicable subdivision regulations if the city council rules that the public interest will not be adversely affected. (Ord. 362 § 1, 2009: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.035 Determining innocent purchaser status.
A. An innocent purchaser of a parcel divided in violation of subdivision requirements who files a notarized affidavit of innocent purchaser with the planning department on the application form provided by the city may seek to establish the parcel’s eligibility for building permits, septic tank permits, or other development permits and for lawful future conveyance; provided, that nothing herein is intended to exempt development on innocent purchaser lots from compliance with other zoning or development standards of the city’s zoning code.
B. The planning department shall determine whether the applicant is an innocent purchaser based on the submitted application and any other information accessible to the city. The determination is effective upon recording of the affidavit of innocent purchaser, acknowledged by the planning department, with Snohomish County.
C. Innocent purchaser status shall not be granted more than once to any individual or person as defined in BMC 1.04.010. (Ord. 362 § 2, 2009)
16.12.040 Appeals.
Any final decision for which no other direct appeal is specifically provided in this title approving or disapproving any subdivision, plat, short subdivision, or lot line adjustment, and for which all other appeals specifically authorized have been timely exhausted, may be appealed to the Snohomish County court, in accordance with Chapter 1.20 BMC. (Ord. 349 § 1, 2007: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.050 Violation – Penalty.
Any person, firm, corporation, or association who violates any provision of this title relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of BMC 1.28.030(A). Each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense. Any person, firm, corporation, or association in violation of this title for second and ongoing offenses shall be guilty of a gross misdemeanor; provided, however, that in addition to the criminal sanctions provided herein for the violations of this title the city shall have the right to commence an action to restrain and enjoin any subdivision, sale or transfer or offers of sale or transfer, compel compliance with the provisions of this title, and obtain other injunctive relief as may be granted by a court sitting in equity jurisdiction including the costs of such action taxed against the violator and a reasonable sum for attorney’s fees. (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 362 § 3, 2009: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.12.060 Return of application for substantial noncompliance with land use development ordinances – Cessation of application review for violation of land use development ordinance requirements.
No subdivision or short subdivision application shall be processed, considered, or reviewed, where the applicant has previously taken action that is not in compliance with, or has failed to comply with any land use development ordinance or requirement which materially affects the condition of the property subject to subdivision or short subdivision application. Any applicant who, in violation of an applicable land use development ordinance, causes the property subject to a pending application to be materially changed causing material noncompliance with an applicable land use ordinance, shall have their application returned, and no further action shall be taken until such time as the condition causing the violation has been cured. For purposes of this section, a material noncompliance shall include, without limitation: tree cutting or land clearing in violation of an ordinance limiting or controlling tree cutting and land clearing; violation of sensitive areas ordinance requirements by the changing of the physical characteristics of the property; destruction of flora and/or fauna in anticipation of development; other changes in the physical characteristics of the property which, by virtue of the changed condition, has substantially and negatively affected the property. Determination of violations pertinent to this section shall be by administrative determination and decision which shall be subject to appeal to the city council under the then applicable appeal provisions of this code. Any applicant subject to the terms and conditions of this provision may reapply for a subdivision or short subdivision after the earlier of either a complete restoration of the property or five years shall have passed. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)