Chapter 29.01
PURPOSE AND AUTHORITY

Sections:

29.01.100    Statutory authorization.

29.01.200    Purpose.

29.01.300    Applicability.

29.01.400    Administration of this title.

29.01.500    Exemptions.

29.01.600    Referenced federal, State and County codes.

SOURCE:    ADOPTED:

Ord. 594    05/21/96

AMENDED SOURCE:    ADOPTED:

Ord. 934    01/30/18

29.01.100 Statutory authorization.

This title shall be known and cited as the Clallam County Land Division Code and is hereby a part of the Clallam County Code. This title is adopted under the authority of Chapter 58.17 RCW.

29.01.200 Purpose.

This title is adopted as an official land use control for the unincorporated areas of Clallam County.

29.01.300 Applicability.

Every subdivision, short subdivision, binding site plan, RV park, mobile home park, or large lot division of land within the unincorporated area of Clallam County shall proceed in conformance with this title.

29.01.400 Administration of this title.

The Director of the Department of Community Development or his/her designated representative is vested with the responsibility to administer the provisions of this title.

29.01.500 Exemptions.

The provisions of this title shall not apply to:

(1) Any cemetery or burial plots while used for that purpose.

(2) A division of land into lots or tracts, as follows: one-thirty-second of a section or larger, or 20 acres or larger if the land is not capable of description as an aliquot part of a section. Lots within a rural zoning designation may include, for the purposes of area calculation, the portion of County right-of-way fronting the lot; said portion of County right-of-way shall be bounded by the right-of-way centerline, the front property line and the side lot lines of the lot running perpendicular to such centerline.

(3) Divisions made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; provided, that such adjustment is made in compliance with Chapter 29.43 CCC.

(4) Divisions made by testamentary provisions or the laws of descent including the transfer of title for distribution of property by residuary or enforceable clause of a valid will, or by agreement or partition action which results following the operation of the laws of intestacy or descent; provided, that all other land use regulations apply.

(5) Divisions of land relating to the acquisition or exchange of land by public agencies, for public use and occupancy, including but not limited to land divisions made for road construction purposes.

(6) Divisions for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

(7) A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of a public utility district or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. “New customers” are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed.

29.01.600 Referenced federal, State and County codes.

All federal, State or County codes referenced or cited in this title shall be used as now written or hereafter amended.