Chapter 19.05
GENERAL PROVISIONS

Sections:

19.05.010    Scope and purpose.

19.05.015    Applicability.

19.05.017    Exemptions.

19.05.020    Compliance required.

19.05.025    Minimum requirements.

19.05.030    Energy conservation, open space preservation and design flexibility.

19.05.010 Scope and purpose.

The provisions of this title and subsequent amendments shall govern the platting and subdivision of land, dedication, modification and vacation of plats or portions of the same, filing and recording of plats in accordance with Chapter 58.17 RCW and the standards established by the city of Lynnwood. These regulations are adopted for the following purpose:

A. To support the rights of property owners to develop property while providing for the public health, safety and general welfare of the community;

B. To guide the future growth and development of the community in accordance with the goals, objectives and policies of the comprehensive plan;

C. To provide for adequate light, air and privacy, to secure safety from fire, flood and other dangers, and to prevent overcrowding of the land;

D. To protect the character and the social and economic stability of all parts of the community and to encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities or where adequate public facilities can easily be provided;

E. To protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;

F. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewer, schools, parks, playgrounds, recreation, open space and other public requirements and facilities;

G. To provide the most beneficial relationship between uses of land and buildings and the circulation of traffic throughout the community, with particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

H. To establish reasonable standards of design and procedures for subdivision and resubdivision in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumentation of subdivided land;

I. To ensure that public facilities and services are available concurrent with development and will have sufficient capacity to serve the proposed subdivision and that the community will be required to bear no more than its fair share of the cost of providing facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development;

J. To prevent the pollution of air, streams, ponds and wetlands, to assure the adequacy of drainage facilities, to safeguard the water table, and to encourage the wise use and management of natural resources throughout the community in order to preserve the integrity, stability, and beauty of the community and value of the land;

K. To preserve the natural beauty and topography of the community and to ensure appropriate development with regard to these natural features; and

L. To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the city’s comprehensive plan and zoning ordinance. (Ord. 2463 § 3, 2003; Ord. 2045 § 9, 1995; Ord. 1314 § 3, 1983)

19.05.015 Applicability.

This chapter applies to each application for subdivision, short subdivision, boundary line adjustment, or binding site plan applied for after the effective date of the ordinance codified in this title except as provided in LMC 19.05.017. (Ord. 2463 § 3, 2003; Ord. 1808 § 5, 1991; Ord. 1413 § 3, 1983)

19.05.017 Exemptions.

The provisions of this chapter do not apply to the following:

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

B. Divisions of land into lots, tracts or parcels where each lot is five acres or larger. For this purpose, in computing the area of any lot under this subsection that borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the centerline of the street or road and the side lot lines of the lot running perpendicular to such centerline;

C. Divisions of land made by testamentary provisions or the laws of descent;

D. Divisions of land into lots or tracts if the improvements constructed or to be constructed thereon will be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;

E. Division of land due to condemnation, or purchase thereof in lieu of condemnation, by an agency or division of government vested with the power of condemnation. (Ord. 3415 § 3, 2022; Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 3, 2003; Ord. 1808 § 5, 1991)

19.05.020 Compliance required.

No person shall sell, lease or transfer the ownership of or offer for sale, lease or transfer of ownership any real property that is subject to this title without full compliance with this title and Chapter 58.17 RCW; except, that following preliminary plat approval, performance of such offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract or parcel as per RCW 58.17.205 is permitted. (Ord. 2463 § 3, 2003; Ord. 1314 § 3, 1983)

19.05.025 Minimum requirements.

In their interpretation and application, the provisions of this title shall be held to be minimum except as may be modified by Chapter 19.45 LMC. (Ord. 2463 § 3, 2003; Ord. 1314 § 3, 1983)

19.05.030 Energy conservation, open space preservation and design flexibility.

Subdivisions that utilize design features to enhance energy conservation and open space preservation are encouraged and permitted. Any such plats may be processed in conjunction with a planned unit development application pursuant to Chapter 21.30 LMC. Design features may include but not be limited to east-west streets, zero setback, cluster development and any other designs that will enhance the above. (Ord. 2463 § 3, 2003; Ord. 1314 § 3, 1983)