Chapter 16.62
LEGAL LOT DETERMINATION
Sections:
16.62.010 Purpose and summary.
16.62.020 Applicability and burden of proof.
16.62.030 Determination process.
16.62.060 Effect of legal lot determination.
16.62.070 Potential remedial measures.
16.62.010 Purpose and summary.
A. Pursuant to RCW 58.17.210, the purpose of this chapter is to provide a process and standards for determining whether lots are legal lots of record consistent with applicable state and local law, and to provide potential remedial measures available to owners of property that do not meet the standards.
B. Parcels are considered legal lots of record if they were in compliance with applicable laws regarding platting at the time of their creation. Platting laws pertain primarily to the review process used in the creation of the lots. Specific provisions are listed herein.
C. Platting dates pertinent to legal lot determination:
1. August 11, 1969 – Revised Washington State subdivision law;
2. July 1, 1974 – First Kitsap County Short Subdivision ordinance;
3. January 13, 1986 – First Kitsap County Large Lot Subdivision ordinance.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.020 Applicability and burden of proof.
A. This chapter applies to all requests for legal lot determinations and to applications for any permit, including but not limited to building permits, subdivisions, hearing examiner conditional use permits, administrative conditional use permits, rezones and Comprehensive Plan change applications.
B. A lot is presumed to be a legal lot of record, but may be investigated by the department upon submittal of a building or other development permit.
C. The burden of proving that a lot is legal rests with the applicant.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.030 Determination process.
Legal lot of record status may be formally determined through the following ways:
A. Legal Lot Determinations as Part of a Building Permit or Other Development Application. Building permits for placement or replacement of primary structures and other development applications shall be reviewed by the director for compliance with the standards of this chapter, according to the time lines and procedures associated with the particular building permit or development application. A separate written approval will not be issued unless requested by the applicant. Fees for legal lot determination shall be assessed pursuant to Title 21, unless the parcel was recognized through a previous legal lot determination or other review in which such recognition was made.
B. Legal Lot Determination Requests Submitted Without Other Development Review. Requests for determination of legal lot of record status not involving any other county development reviews shall be through an application for legal lot determination, along with the submittal of applicable fees, pursuant to Title 21. This application will be processed as a Type I application. The county will issue a letter of determination in response to all such requests.
C. Prior Legal Lot Determination. Lots that have been previously recognized as a legal lot of record shall remain legal lots of record unless changed by action of the owner. Any such change shall necessitate a new legal lot determination through the processes outlined at subsection (A) or (B) of this section.
D. Parcels That Are Not Considered Legal Lots.
1. Vacated rights-of-way;
2. Tidelands;
3. Parcels designated solely for access purposes;
4. Hiatuses created by legal descriptions;
5. Parcels created through a tax segregation, unless resulting parcels are twenty acres (or one-thirty-second of a section) or larger in size.
E. The director’s determination of legal lot status shall not be construed as a guarantee that the lot constitutes a building site as defined in Chapter 21.02.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.040 (Reserved)
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.050 Approval standards.
Parcels that meet the following platting standards will be considered legal lots of record:
A. The parcel was created through a plat, short plat, large lot plat, or binding site plan approved by Kitsap County and recorded with the Kitsap County auditor; or
B. The parcel is five acres or larger, or 1/128th of a section or larger, and was created by record of survey before January 13, 1986, the date of Kitsap County’s first large lot subdivision ordinance; or
C. The parcel was lawfully created through testamentary provisions, or the laws of descent. Development of said parcel is subject to the zoning regulations set forth at Title 17; or
D. The parcel was created through an exemption listed in RCW 58.17.035 or 58.17.040 or other statutory exemptions available at the time it was created; or
E. The parcel is twenty acres (or one-thirty-second of a section) or larger in size; or
F. The parcel deed description shown in a sales or transfer deed dated prior to July 1, 1974, is the same as the current parcel description; or
G. The parcel is a resultant parcel of a BLA that utilized parcels legally created through a tax segregation and said resultant parcel conforms to area and dimensional requirements at the time it was created.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.060 Effect of legal lot determination.
A. In urban areas, all lots found to be legal lots of record may be developed consistent with the requirements of the Kitsap County Code.
B. In rural areas, lots found to be legal lots of record may be developed consistent with the requirements of the Kitsap County Code, as follows:
1. Single Ownership. A parcel in single ownership may be developed consistent with the requirements of the Kitsap County Code and must be capable of individually meeting the definition of a building site.
2. Contiguous Parcels in Common Ownership. Contiguous parcels in common ownership, or the legal equivalent thereof, as of the date of passage of the ordinance codified in this chapter may not be developed individually unless capable of individually meeting the definition of a building site. Contiguous parcels in common ownership not individually meeting the definition of a building site must be aggregated to the extent necessary to meet the definition of a building site.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.62.070 Potential remedial measures.
Knowingly transferring or selling lot(s) created in violation of land division regulations is a gross misdemeanor pursuant to RCW 58.17.300. The owner(s) of illegally created lot(s) per this chapter may consider pursuing one or more of the following actions. This list is not exhaustive and is not intended to provide legal advice.
A. Apply for a public interest determination under Section 16.04.160(A);
B. Apply for innocent purchaser status under Section 16.04.160(B);
C. Pursue a private right of action as provided in RCW 58.17.210;
D. Acquire additional land from adjoining properties, through a boundary line adjustment, in order to achieve adequate dimension and area to meet the criteria for a building site.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)