Division II. Subdivision

Chapter 16.20


16.20.010    Short title.

16.20.020    Purpose and interpretation.

16.20.030    Effect of partial invalidity.

16.20.040    Effect on existing rights.

16.20.050    Savings.

16.20.060    Existing permits to remain in force.

16.20.070    False representation prohibited.

16.20.080    Uniformity of application.

16.20.090    Exemptions.

16.20.100    Qualified exemptions.

16.20.104    Flag lot short subdivision.

16.20.110    Time periods – Computation.

16.20.010 Short title.

Chapters 16.20 through 16.36 SMC shall constitute the “subdivision code” of the City and may be cited as such. [Ord. 1257 § 2, 1980.]

16.20.020 Purpose and interpretation.

The subdivision code is enacted in the exercise of the responsibility and authority of the City to protect and preserve the public health, safety and general welfare; to provide standards to prevent the overcrowding of land; to lessen congestion on the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, drainage, parks and recreation areas and sites for public improvements; to provide proper ingress and egress; and to require uniform monumenting of land subdivisions and conveyancing by legal description; and all of its provisions shall be liberally construed for the accomplishment of that purpose. [Ord. 1257 § 2, 1980.]

16.20.030 Effect of partial invalidity.

If any provision of Chapters 16.20 through 16.36 SMC, or its application to any person or circumstance is for any reason held to be invalid, the remainder of said chapters, or the application of the provisions to other persons or circumstances, is not affected. [Ord. 1257 § 2, 1980.]

16.20.040 Effect on existing rights.

The repeal by the ordinance codified in Chapters 16.20 through 16.36 SMC of any existing ordinance shall not revive any former ordinances heretofore repealed, nor affect any right existing or accrued, or any action or proceeding already taken, except as in said chapters provided. [Ord. 1257 § 2, 1980.]

16.20.050 Savings.

The enactment of Chapters 16.20 through 16.36 SMC shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall be in existence at the date said chapters become effective. [Ord. 1257 § 2, 1980.]

16.20.060 Existing permits to remain in force.

Except as otherwise provided in Chapters 16.20 through 16.36 SMC, all permits lawfully issued under the provisions of any ordinance repealed by said chapters shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions of said chapters. [Ord. 1257 § 2, 1980.]

16.20.070 False representation prohibited.

No person shall make a false statement or representation in any application, statement or report required by Chapters 16.20 through 16.36 SMC to be made. [Ord. 1257 § 2, 1980.]

16.20.080 Uniformity of application.

The provisions of Chapters 16.20 through 16.36 SMC shall be applicable and uniform with regard to all divisions, subdivisions or re-subdivisions of land into lots, tracts, parcels, sites or divisions of any nature for the purpose of sale or lease in the present or future within the corporate limits of the City. [Ord. 1257 § 2, 1980.]

16.20.090 Exemptions.

The following are exempt from the provisions of Chapters 16.20 through 16.36 SMC:

A. Annexations and land acquisitions accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing the same.

B. Acquisitions of fractional parts of land by public bodies for the purposes of future use as public highways or public utility ways.

C. Acquisition of fractional parts of land by public utility providers operating within the City pursuant to a valid franchise ordinance for the purpose of future use as a public utility way or public utility facility and not for the purpose of future sale or lease. [Ord. 1728 § 1, 1990; Ord. 1257 § 2, 1980.]

16.20.100 Qualified exemptions.

A. The administrator may exempt the following actions from the requirements of Chapters 16.20 through 16.36 SMC as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this section have been met:

1. A division of land by simultaneous merger of a fractional part of land into land contiguous on more than a single point so long as no lot or parcel is rendered nonconforming or more nonconforming with the provisions of the Sunnyside Municipal Code.

a. “By simultaneous merger,” for the purpose of this section, means a specific declaration of merger with the new description of said lands contained within the corrected deed or instrument of sale, or transfer. The deed or instrument shall be filed for record by the applicant in the Yakima County Auditor’s office.

The approved application for simultaneous merger shall be filed, by the City, with the Yakima County Assessor’s office. After said application has been received and returned to the City, the applicant shall be provided with a copy of same. No merged fractional part may thereafter be sold, leased, transferred or developed through building permit or other development permit as a division separate or distinct from the land in which it is merged, except that it may be merged back providing that it meets all of the requirements of the code.

2. A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:

a. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same.

b. A division by the Court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: Mortgage or deed of trust foreclosures and property distributions between spouses pursuant to separation or dissolution proceedings.

3. A prior division of land as defined by SMC 16.24.220.

B. Applications for exemptions shall be submitted to the City on forms provided by the administrator and shall be accompanied by a nonrefundable application fee as specified in SMC 2.02.020. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt.

C. Exemptions may be granted by the administrator for only those actions which do not contravene the spirit and intent of Chapters 16.20 through 16.36 SMC and the applicable State statutes. [Ord. 2172 § 1, 2007; Ord. 1561, 1986; Ord. 1538 § 1, 1985; Ord. 1416 § 1, 1983; Ord. 1379 § 1, 1982; Ord. 1257 § 2, 1980.]

16.20.104 Flag lot short subdivision.

A. Definition. “Flag lot short subdivision” means a residential subdivision of an existing lot in the R-2, Medium-Density Residential zone, or the R-3, High Density Residential zone, in which one lot is subdivided into a maximum of two lots, one lot known as the “front” lot, fronting onto public street right-of-way, and the second lot known as the “interior” lot, lying adjacent to and behind the front lot.

B. Approval – Conditions. The flag lot subdivision is subject to all applicable procedures and standards governing short subdivisions, as set forth in this title, and is subject to the following special conditions and requirements:

1. Only existing lots within the R-2 and R-3 zones are eligible for flag lot subdivision; and

2. Qualifying lots may subdivide into two lots, maximum, with a front lot and an interior lot. After subdivision, the front lot must maintain the required minimum lot width for the applicable zone. The interior lot may be served by a corridor with a minimum width of 20 feet, which shall also constitute the street frontage for the interior lot;

3. Each lot, the front lot and interior lot, shall comply with the minimum lot area requirement as stated for the applicable zone, together with all other dimensional standards of such zone, including yard setbacks and dimensional standards;

4. As a further condition for approval, the applicant shall grant, and record on the face of the short plat, a perpetual easement for ingress and egress along and upon the corridor portion of the lot serving the interior lot, which easement for ingress and egress shall be reserved and granted for the benefit of the front lot;

5. The flag lot short subdivision is subject to the approval of and by the Director of Public Works in accordance with applicable provisions of the Sunnyside Municipal Code and other conditions deemed appropriate by the Director of Public Works. [Ord. 1969 § 1, 1998.]

16.20.110 Time periods – Computation.

Whenever a period of time is specified in days in Chapters 16.20 through 16.36 SMC, such period shall commence to run on the day following the date of the specified act and shall include each consecutive calendar day thereafter, including the last day of such period, unless such last day is a Saturday, Sunday or legal holiday, in which event the period shall end at the conclusion of the next regular business day. [Ord. 1257 § 2, 1980.]