Chapter 20.20
GENERAL PROVISIONS
Sections:
20.20.040 Approval required prior to recordation.
20.20.050 Prohibition against sale, lease or transfer of property.
20.20.080 Professional land surveyor.
20.20.110 Attached single-family subdivisions.
20.20.010 Purpose.
Pursuant to the purposes set forth in RCW 58.17.010, these regulations are necessary to:
A. Promote the health, safety, and general welfare in accordance with standards established by the state and the City;
B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services;
C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community;
D. Provide for adequate light and air;
E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements;
F. Provide for proper ingress and egress;
G. Provide for housing and commercial needs of the community;
H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions;
I. Protect environmentally sensitive areas;
J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas;
K. Ensure consistency with and further the goals and policies of the Comprehensive Plan; and
L. Provide a process for the division of land for the following:
1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area;
2. Subdivision. The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; and
3. Binding Site Plan. An alternative method of dividing property interests for nonresidential development and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, mixed-use, or industrial development, or which is to be developed as condominiums or a manufactured home park.
M. Except as otherwise specifically provided in SVMC 20.20.010(M), all processes of land division set forth in SVMC Title 20 shall be consistent with and subject to state law requirements, including but not limited to Chapter 58.17 RCW. The provisions of Chapter 58.17 RCW shall supplement the provisions of SVMC Title 20 related to subdivisions and short subdivisions and may be relied on for that purpose; provided, that any provisions of SVMC Title 20 relating to short subdivisions that conflict with Chapter 58.17 RCW shall be construed and interpreted so as to be consistent with SVMC Title 20. Any provision of SVMC Title 20 relating to subdivisions that conflicts with the requirements of Chapter 58.17 RCW, as now adopted or hereafter amended, shall be construed and interpreted in a manner so as to be consistent with Chapter 58.17 RCW. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.020 Exemptions.
A. The provisions of SVMC Title 20 shall not apply to:
1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1));
2. Divisions made by testamentary provisions or laws of descent (RCW 58.17.040(3));
3. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose (RCW 58.17.040(8)).
B. The provisions of SVMC Title 20 shall not apply to the following; provided, that an application for exemption and drawing consistent with SVMC 20.20.020(C) is provided to the City:
1. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7));
2. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain;
3. Division or acquisition of land for public right-of-way;
4. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer- or investor-owned electric utilities to meet the electrical needs of a utility’s existing and new customers as set forth in RCW 58.17.040(9).
C. An application for exemption for any of the purposes set forth in SVMC 20.20.020(B) shall be processed to determine whether the division is exempt with a minimum review for compliance with applicable adopted City regulations. The application shall be determined to be complete upon the submittal of the following materials:
1. An application; and
2. Maps, plans, and/or exhibits containing all applicable information as required by SVMC 20.30.020(B). (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.030 Legal lot.
Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following:
A. Lots created through subdivision, on a plat approved by the City or Spokane County separately describing the lot in question; or
B. Lots created through short subdivision, on a short plat approved by the City or Spokane County separately describing the lot in question; or
C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was approved by the City or Spokane County; or
D. A division of land prior to March 13, 1978; provided, that:
1. A tax segregation request was received by the Spokane County assessor’s office prior to said date; or
2. A legal instrument(s) pertaining to said division was filed on record prior to said date; and
3. All state and local land development regulations were met at the time the lot was created or can be met prior to the issuance of a building permit; or
E. Development shall be allowed on a lot owned by an innocent purchaser. For purposes of SVMC 20.20.030(E), an “innocent purchaser” is an owner of the property, other than the original owner that created the lot, and who did not have actual notice that the lot was created by a means other than specified in SVMC 20.20.030(A) through (D).
F. In the event a lot was created by a means other than as specified in SVMC 20.20.030(A) through (D), development shall be allowed on such lot if the development does not adversely affect the public interest. When determining the impact on the public interest, the City shall consider the following criteria:
1. Whether the proposed development is consistent with the public health, safety, and general welfare;
2. Whether the use meets the underlying zoning requirements and is consistent with the use of at least one adjoining property; and
3. Whether the lot was created on or before December 31, 2016. In the event an illegally created lot does not meet the criteria of SVMC 20.20.030(A) through (F), a development permit shall not be issued until such time that a legal lot is created. (Ord. 21-011 § 1, 2021; Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.040 Approval required prior to recordation.
Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by SVMC Title 20. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.050 Prohibition against sale, lease or transfer of property.
No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of SVMC Title 20 without first receiving approval hereunder by the City and recording the approved division with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of SVMC Title 20. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.060 Vertical datum.
Where topography is required to be shown, the land survey data shall be based on the North American Vertical Datum (NAVD-88). (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.070 Monumentation.
Right-of-way, street centerline and street intersection monumentation shall be established as described by City-adopted street standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced in a permanent manner with the registration number of the professional land surveyor in charge of the survey in accordance with state law. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.080 Professional land surveyor.
The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the state of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW and Chapter 332-130 WAC. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.090 General design.
The design of short subdivisions, subdivisions and binding site plans shall comply with the requirements of all applicable City plans, regulations, and design and development standards. In addition:
A. The design, shape, size, and orientation of the lots shall be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located.
B. Lot Arrangement.
1. Side lot lines shall generally be perpendicular to public street rights-of-way, but may be within 20 degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs.
2. Corner Lots.
a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb.
b. At the intersection of two arterial streets (collector, minor or principal), the applicant may be required to provide a widened border easement or right-of-way area behind the pedestrian ramp landing for the placement of traffic control devices and street lights and their related appurtenances (see Figure 20.20.01). The limits of the border easement and right-of-way area shall be determined by the City at the time of application. This area shall not extend more than 15 feet behind the landing. The boundary of this area may be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width shall be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals, et cetera.
Figure 20.20.01
3. Lot Dimensions.
a. Lot dimensions shall comply with the minimum standards established in Chapter 19.70 SVMC;
b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted.
4. Double Frontage Residential Lots.
a. Double frontage and reverse frontage lots shall be permitted only where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation;
b. When lots back to arterials, screening shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with SVMC 22.70.070;
c. No building, except buildings designed and constructed as two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots.
C. Block dimensions shall reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned.
1. Block Length. Block length shall comply with the adopted street standards.
2. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order.
3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted street standards, Comprehensive Plan and the proposed use of the land so divided.
D. Lots shall not be divided by the City boundary or public right-of-way, and shall not be divided by any zoning designation unless exceptional circumstances exist.
E. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway.
F. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with applicable City-adopted standards.
G. Wastewater design shall comply with all applicable City regulations and other jurisdictional agency regulations.
H. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency regulations.
I. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards.
J. Provisions for stormwater runoff shall comply with City regulations for stormwater management as set forth in Chapter 22.150 SVMC.
K. Existing and proposed easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the short plat, plat, or binding site plan. The utility purveyors shall indicate to the department in writing that the easements are adequate for their service needs.
L. The short subdivision, subdivision, or binding site plan shall provide for the location of underground utilities within public rights-of-way, border easements, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the city manager may waive the requirement for underground utilities. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 17-004 § 3, 2017; Ord. 12-008 § 1, 2012; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.100 Findings.
Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following:
A. The public health, safety, and general welfare;
B. Open spaces;
C. Drainage ways;
D. Streets or roads, alleys, sidewalks, and other public ways;
E. Transit stops;
F. Public potable water supplies;
G. Sanitary sewer;
H. Parks and recreation;
I. Playgrounds, schools and school grounds;
J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;
K. Whether the public interest is served by the short subdivision, subdivision, and binding site plan;
L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and
M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 09-002 § 1, 2009; Ord. 07-015 § 4, 2007).
20.20.110 Attached single-family subdivisions.
Applications for an attached single-family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in Chapters 20.30 through 20.40 SVMC. Application for an attached single-family subdivision consisting of 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in Chapters 20.30 through 20.40 SVMC. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.50 SVMC. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.60 SVMC. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. (Ord. 20-024 § 3, 2020; Ord. 18-004 § 4, 2018; Ord. 12-008 § 2, 2012; Ord. 09-002 § 1, 2009).