Chapter 22.04


22.04.010    Applicability—Exemptions.

22.04.020    Lot line alterations exempt.

22.04.030    Binding site plan approval—Eligible developments.

22.04.040    Binding site plan approval—Criteria.

22.04.045    Binding site plan approval—Alterations and vacations.

22.04.050    Notice of proposed amendment or repeal of title.

22.04.010 Applicability—Exemptions.

The provisions of this title apply to each division, subdivision or short subdivision of land applied for after the effective date of the ordinance codified in this title, except as listed below:

(a)    This title does not apply to cemeteries and other burial plots while used for that purpose.

(b)    This title does not apply to divisions of lands into lots or tracts, each of which is one one-hundred-twenty-eighths of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bordered by the centerline of a road or street and the side lot lines of the lot running perpendicular to such centerline.

(c)    This title does not apply to divisions made by testamentary disposition or by the laws of descent.

(d)    This title does not apply to: (1) a transfer of land to the city of Kirkland; or (2) a transfer of land to any public agency for open space, park, public vehicular access, public pedestrian access, utility, or right-of-way purposes; or (3) any conveyance of land for use solely for utility facilities. Exemptions provided by this subsection do not allow the new lot or tract to be later used or conveyed again as an unrestricted legal building site, such as for a commercial or residential building. This exemption does not exempt the remaining lot from other city ordinances, such as nonconformance provisions. (Ord. 3705 § 2 (part), 1999)

22.04.020 Lot line alterations exempt.

(a)    A division 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, is exempt from the provisions of this title unless the planning director certifies in writing that the division will create a lot, tract, parcel, site or division which contains insufficient area or dimension to meet minimum requirements for width and area for a building site as established by the zoning district in which the property is located as identified on the zoning map.

(b)    Any person proposing to make a lot line alteration for the purpose of adjusting boundary lines between platted or unplatted lots, or both, shall file with the planning director, on a form provided by the city, information concerning such proposal sufficient to show that the proposed alteration is exempt under subsection (a) of this section from the provisions of Title 22 of the Kirkland Municipal Code and Chapter 58.17 RCW (regulation of subdivision of land).

(c)    The proposed lot line alteration shall meet the criteria referenced in subsection (a) of this section and the following requirements:

(1)    All requirements of the Zoning Code for the zoning district in which the property is located as identified on the zoning map, such as lot size and required yards, shall be complied with.

(2)    All lots shall be adjacent to, or have a legally created means of access compliant with Chapter 105 KZC, to a street providing access to the lot or parcel.

(3)    The applicant shall provide a current title report identifying all persons and entities having any interest in the real property which is the subject of the proposed lot line alteration. The approval of the proposed lot line alteration by signature of the persons or entities having an interest in the real property shall be provided as required by the planning director. (Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)

22.04.030 Binding site plan approval—Eligible developments.

(a)    General. The divisions of land described in subsection (b) of this section are exempt from compliance with this title except as specified in Section 22.04.045 if they meet the requirements of Section 22.04.040.

(b)    Eligible Developments. The following types of development are subject to the provisions of this section:

(1)    A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land;

(2)    A division of land into lots or parcels located within industrial, commercial or office zones as defined in the zoning code;

(3)    A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW. (Ord. 4286 § 1 (Att. B)(part), 2011; Ord. 3705 § 2 (part), 1999)

22.04.040 Binding site plan approval—Criteria.

A division of land is a binding site plan under this section if it meets all of the following criteria:

(a)    The division is for the purposes outlined in RCW 58.17.035;

(b)    The city approves the site plan as part of a zoning or building permit;

(c)    The site plan is shown to a scale of one inch equals twenty feet;

(d)    The site plan identifies and shows the areas and locations of all streets, roads, improvements, utilities and open spaces;

(e)    The site plan contains inscriptions or attachments setting forth all limitations and conditions for the use of land as established by the city;

(f)    The site plan contains a provision requiring that any development of the subject property be in conformance with the binding site plan;

(g)    The planning director verifies that the site plan conforms to the requirements of this section; and

(h)    The site plan is recorded in the King County recorder’s office to run with the subject property. (Ord. 4491 § 11 (part), 2015; Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)

22.04.045 Binding site plan approval—Alterations and vacations.

Proposals for alterations and vacations of binding site plans shall be reviewed by the planning director using the criteria in Section 22.04.040. (Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)

22.04.050 Notice of proposed amendment or repeal of title.

Except as hereinafter provided, proposals to amend or repeal provisions of this title will be set for public hearing before the planning commission. Notice of these hearings will be available fourteen days prior to the planning commission hearing date. Individuals or organizations which so request will be provided notice of the planning commission hearing. (Ord. 3705 § 2 (part), 1999)