Division 7 Land Divisions and Boundaries
Chapter 14.70
LEGAL LOTS AND ELIGIBILITY FOR DEVELOPMENT
Sections:
14.70.040 Determination of legal lot.
14.70.050 Eligibility for project permits.
14.70.060 Exception from minimum lot size requirement.
14.70.070 Exception for specified nonresidential permits.
14.70.090 Reasonable use exception.
14.70.010 Purpose.
(1) The purpose of this Chapter is to ensure that:
(a) Land is divided in a manner consistent with the County’s development code and with the requirements of RCW Chapter 58.17 governing the subdivision of land; and
(b) Land that was illegally divided is not eligible for permits, consistent with RCW 58.17.210; and
(c) A person who illegally divides land is not unjustly enriched; and
(d) A person is not denied reasonable use of their property.
(2) This Chapter adopts criteria for:
(a) Determination of whether a lot is a legal lot, and therefore eligible for sale, lease, or transfer; and
(b) Determination of whether a legal lot is eligible for project permits. (Ord. O20250005 § 2 (Exh. A))
14.70.020 Applicability.
(1) This Chapter applies to all land within the unincorporated jurisdiction of Skagit County, and all land divided at all times since the establishment of the County.
(2) No variance from this Chapter is permitted. (Ord. O20250005 § 2 (Exh. A))
14.70.030 Deprecated terms.
The following terms of art were used in earlier versions of this Code but have been deprecated and replaced with the term “legal lot”:
(1) Lot of record: any lot platted or legally created under a Skagit County subdivision ordinance on or after March 1, 1965; any tract of land divided by metes and bounds or fractional section description or platted and recorded with the auditor prior to March 1, 1965; or any tract of land defined by metes and bounds or fractional section description and conveyed by notarized deed prior to March 1, 1965.
(2) Legal lot of record: a definition used prior to the adopting of the June 20, 2000, Unified Development Code referring to a lot of record meeting the aggregation requirements of SCC 14.70.040 (as formerly codified). (Ord. O20250005 § 2 (Exh. A))
14.70.040 Determination of legal lot.
(1) A legal lot is eligible for sale, lease, or transfer. Property that is not a legal lot is not eligible for sale, lease, or transfer, except for the purpose of aggregation in SCC 14.70.080.
(2) A lot qualifies as a legal lot if it meets any of the following criteria:
(a) The lot has been certified as a legal lot or lot of record by Skagit County through a lot certification;
(b) The lot was properly divided under Skagit County’s land division code in effect at the time of division;
(c) The lot was created prior to Skagit County’s first land division ordinance by being:
(i) Defined by metes and bounds or fractional section description or platted; and
(ii) Recorded with the auditor or conveyed by notarized deed prior to March 1, 1965;
(d) The lot was created through testamentary provisions or the laws of descent;
(e) The lot was created through application of some other exception in RCW 58.17.040.
(3) Exception for Innocent Purchaser.
(a) A lot that does not meet the requirements of Subsection (2) of this Section may nonetheless qualify as a legal lot if all of the following criteria apply:
(i) The owner did not have actual notice that the lot was not a legal lot;
(ii) The owner purchased the property for value, as required by RCW 58.17.210;
(iii) The owner has not previously been determined an innocent purchaser for any County lot;
(iv) The lot does not have a recorded lot certification indicating it is not a legal lot (nor lot of record).
(b) To qualify under this Subsection (3), the owner file a notarized affidavit of innocent purchase demonstrating compliance with the criteria above with the County on forms satisfactory to the Director and Prosecuting Attorney.
(c) All contiguous lots created in violation of this Title under the same ownership at the time of application for innocent purchaser status must be recognized only as a single lot and be combined through a boundary line adjustment with a new legal description reflecting the legal description of the new lot(s) after being combined.
(d) As an alternative to the exception under this Subsection (3), an innocent purchaser may rescind the sale or transfer of the subject property and recover the costs of investigation, suit, and reasonable attorney fees as provided in RCW 58.17.210. (Ord. O20250005 § 2 (Exh. A))
14.70.050 Eligibility for project permits.
(1) A lot is eligible for project permits only if:
(a) The lot is a legal lot; and
(b) The lot is not restricted from development by prior County decision or action (e.g., plat notes, open space designation); and
(c) The lot is either:
(i) Equal to or larger than the minimum lot size for its zone; or
(ii) Meets the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement.
(2) A lot that meets criteria in Subsections (1)(a) and (1)(b) of this Section but not Subsection (1)(c) of this Section is eligible for certain nonresidential project permits as described in SCC 14.70.070. (Ord. O20250005 § 2 (Exh. A))
14.70.060 Exception from minimum lot size requirement.
A lot qualifies for an exception from the minimum lot size requirement in SCC 14.70.050(1)(c) if it meets one of the following criteria:
(1) The lot has previously been issued lot certification by Skagit County;
(2) The lot was created through testamentary provisions or the laws of descent and met the lot size requirement at the time of division;
(3) The lot was properly platted and approved by Skagit County on or after March 1, 1965;
(4) The lot has had an existing dwelling unit since at least July 1, 1990;
(5) The lot has an existing dwelling unit that obtained a building permit for its construction;
(6) The lot is assessed as part of the Edison Subarea of the Skagit County Clean Water District per SCC Chapter 12.64;
(7) The lot received an approval for an individual water system for the lot pursuant to SCC Chapter 12.48 prior to June 1, 1997, and the well has been installed;
(8) The lot received a permit for an on-site sewage system pursuant to SCC Chapter 12.05 prior to January 1, 2004, and either that permit is still valid, or the system has been installed;
(9) The lot has been issued a project permit that vests future structure(s) per SCC 14.06.190;
(10) The lot is at least one acre and meets at least one of the following criteria:
(a) The lot has had a water meter or sewer service connection since January 1, 2004;
(b) The owner or a preceding owner paid or is still paying water or sewer assessments for ULID or LID that was established prior to January 1, 2004;
(11) The lot is at least one acre and meets all of the following criteria:
(a) The lot is located in an urban growth area;
(b) The lot can satisfy the requirements of the Skagit County Code for water and wastewater;
(12) The lot was legally created either prior to March 1, 1965, or was exempt from subdivision requirements at the time it was created, and meets one of the following requirements:
(a) The lot is one acre or larger and is located in the Rural Village Residential or Rural Intermediate zone (but not located on Guemes Island, or Fidalgo Island outside of any urban growth area);
(b) The lot is five acres or larger and is located in the Rural Reserve zone;
(c) The lot is 10 acres or larger and is located in a Rural Resource—Natural Resource Lands or Secondary Forest—Natural Resource Lands zone;
(d) The lot meets the requirements for residential development in the Industrial Forest—Natural Resource Lands designation in SCC 14.18.102;
(e) The lot is one-quarter acre or larger and is located in the Bayview Ridge Residential zone. (Ord. O20250005 § 2 (Exh. A))
14.70.070 Exception for specified nonresidential permits.
A lot that meets the criteria in SCC 14.70.050(1)(a) and (1)(b) but not the minimum lot size criteria in SCC 14.70.050(1)(c) is eligible for specified nonresidential project permits as follows:
(1) In the Natural Resource Land zones, the lot is eligible for project permits for all uses allowed in its zone except a residential use (Part 1 of SCC Chapter 14.18) or any other use that is accessory to a residence (e.g., home-based business or family day care provider) so long as no conversion of natural resource land is required to accommodate the use.
(2) In the zones in the table below, the lot is eligible for project permits for the following nonresidential uses:
|
|
RI |
RRv |
RVR |
URR |
URC-I |
URP-OS |
BR-R |
|---|---|---|---|---|---|---|---|
|
P |
P |
|
|
|
P |
P |
|
|
P |
P |
|
|
|
P |
|
|
|
Agricultural processing facilities |
|
P |
|
|
|
|
|
|
|
HE |
|
|
|
|
|
|
|
Caretaker dwelling unit for on-site resident park manager |
|
|
|
|
|
AC |
|
|
HE |
HE |
HE |
HE |
|
|
|
|
|
HE |
HE |
HE |
HE |
P |
|
|
|
|
|
|
|
HE |
|
|
|
|
|
|
P |
|
|
|
P |
|
|
|
Historic sites open to the public |
HE |
HE |
HE |
HE |
P |
P |
P |
|
Impoundments greater than one acre-foot in size |
HE |
HE |
HE |
|
|
|
|
|
|
|
|
|
|
HE |
|
|
|
Interpretive center |
|
|
|
|
|
P |
|
|
|
HE |
|
|
|
|
|
|
|
Minor public use |
HE |
HE |
HE |
AD |
P |
P |
|
|
Minor utility development |
AD |
AD |
AD |
AD |
AD |
P |
AD |
|
Expansion of major public use up to 3,000 square feet |
HE |
HE |
HE |
AD |
AD |
|
|
|
Outdoor recreational facility |
HE |
|
HE |
|
|
|
|
|
Natural resources research/training facility |
|
HE |
|
|
|
AD |
|
|
|
HE |
|
|
|
|
|
|
|
Outdoor recreational facilities |
|
HE |
|
|
|
AD |
|
|
Parks, community |
HE |
HE |
HE |
HE |
|
P |
HE |
|
Park, recreation open space |
|
|
|
|
|
P |
|
|
Park, regional |
|
|
|
|
|
P |
|
|
Parks, specialized recreational area |
AD |
AD |
AD |
|
AD |
P |
AD |
|
Seasonal roadside stands under 300 square feet |
|
|
|
AD |
|
|
|
|
|
|
|
AD |
AD |
|
|
|
|
AD |
AD |
AD |
AD |
AD |
P |
AD |
|
|
Primary and secondary trailheads |
AD |
AD |
AD |
AD |
AD |
P |
AD |
|
Water diversion structure |
|
|
|
|
|
AD |
|
|
Wireless facilities |
AD |
AD |
AD |
AD |
AD |
AD |
|
(Ord. O20250005 § 2 (Exh. A))
14.70.080 Lot aggregation.
(1) This Section applies to a lot that:
(a) Does not meet the minimum lot size requirement in its zone;
(b) Does not meet the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement; and
(c) Is contiguous to other lots that have been held in common ownership at any time since July 1, 1990.
(2) To be eligible for project permits, a lot to which this Section applies must be aggregated, through a boundary line adjustment, with other contiguous lots, up to the minimum lot size.
(3) Exceptions.
(a) A lot where ownership has been transferred since July 1, 1990, in compliance with all zoning and aggregation provisions at the time of the transfer is not required to be aggregated.
(b) A lot included in a plat is not required to be aggregated with unplatted land or lots in other plats under this Section.
(4) If aggregation of all qualifying contiguous lots does not result in (a) a lot that is equal to or greater than the minimum lot size, or (b) a lot that qualifies for an exemption from the minimum lot size requirement in SCC 14.70.060, the lot may be eligible for a reasonable use exception per SCC 14.70.090. (Ord. O20250005 § 2 (Exh. A))
14.70.090 Reasonable use exception.
(1) This Section applies to a lot that:
(a) Meets the criteria in SCC 14.70.050(1)(a) and (1)(b) but not the minimum lot size criteria in SCC 14.70.050(1)(c) nor meets the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement;
(b) Does not qualify for aggregation under SCC 14.70.080 or has been aggregated as required by SCC 14.70.080 and is still smaller than the minimum lot size in the zone; and
(c) Is not located in a Natural Resource Land zone (where natural resource production is already deemed a reasonable use).
(2) To be eligible for project permits, the owner of a lot to which this Section applies may request a reasonable use exception for a specified use on the lot. The owner must demonstrate all of the following:
(a) The lot has not been owned with any other contiguous lots with the same zoning designation at any time since July 1, 1990;
(b) The proposed use can otherwise satisfy all other requirements of the Skagit County Code;
(c) The proposed use does not require extension of, or installation of, urban levels of service outside of an urban growth area.
(3) The effect of a reasonable use exception is to allow applications and permits for the use specified on the subject lot. (Ord. O20250005 § 2 (Exh. A))