Title 23
LAND USE CODE
This title is intended for those provisions of the Code which relate to the regulation of land use.
| Chapters: | ||
| Subtitle I General Provisions | ||
| 23.02 | Title and Purpose | 23-5 |
| 23.04 | Applicability | 23-5 |
| 23.06 | Amendments to the Land Use Code | 23-6 |
| Subtitle II Platting Requirements | ||
| 23.20 | General Provisions | 23-6 |
| 23.22 | Subdivisions | 23-7 |
| 23.24 | Short Plats | 23-133 |
| 23.28 | Lot Boundary Adjustments | 23-135 |
| Subtitle III Land Use Regulations | ||
| Division 1 Land Use Zones | ||
| 23.30 | Zone Designations Established | 23-136 |
| 23.32 | Land Use Maps | 23-136.1 |
| 23.34 | Amendments to Official Land Use Map (Rezones) | 23-136.1 |
| Division 2 Authorized Uses and Development Standards | ||
| 23.40 | Compliance With Regulations Required– Exceptions | 23-152 |
| 23.41 | Early Project Implementation | 23-155 |
| 23.42 | General Use Provisions | 23-167 |
| 23.43 | Residential Small Lot | 23-177 |
| 23.44 | Residential, Single-Family | 23-180.1 |
| 23.45 | Multi-Family | 23-206.5 |
| 23.46 | Residential-Commercial | 23-277 |
| 23.47A | Commercial | 23-281 |
| 23.48 | Seattle Mixed | 23-314 |
| 23.49 | Downtown Zoning | 23-331 |
| 23.50 | Industrial | 23-451 |
| 23.51A | Public Facilities in Residential Zones | 23-494 |
| 23.51B | Public Schools in Residential Zones | 23-494.2 |
| 23.52 | Transportation Concurrency Project Review System | 23-494.6 |
| 23.53 | Requirements for Streets, Alleys, and Easements | 23-498 |
| 23.54 | Quantity and Design Standards for Access and Off-Street Parking | 23-515 |
| 23.55 | Signs | 23-531 |
| 23.57 | Communications Regulations | 23-545 |
| 23.58A | Incentive Provisions | 23-554.2 |
| Division 3 Overlay Districts | ||
| 23.59 | General Provisions | 23-554.12 |
| 23.60 | Shoreline District | 23-554.12 |
| 23.61 | Station Area Overlay District | 23-615 |
| 23.64 | Airport Height Overlay District | 23-615 |
| 23.66 | Special Review Districts | 23-619 |
| 23.67 | Southeast Seattle Reinvestment Area | 23-645 |
| 23.69 | Major Institution Overlay District | 23-646 |
| 23.71 | Northgate Overlay District | 23-663 |
| 23.72 | Sand Point Overlay District | 23-680 |
| 23.73 | Pike/Pine Conservation Overlay District | 23-685 |
| 23.74 | Stadium Transition Area Overlay District | 23-688.4 |
| Subtitle IV Administration | ||
| Division 1 Land Use Approval Procedures | ||
| 23.76 | Procedures for Master Use Permits and Council Land Use Decisions | 23-692.2 |
| 23.78 | Establishment of Criteria for Joint Use or Reuse of Schools | 23-704 |
| 23.79 | Establishment of Development Standard Departure for Public Schools | 23-706.1 |
| 23.80 | Essential Public Facilities | 23-706.4 |
| Division 2 General Terms | ||
| 23.84A | Definitions | 23-709 |
| 23.86 | Measurements | 23-740.29 |
| Division 3 Implementation | ||
| 23.88 | Rules; Interpretation | 23-785 |
| 23.90 | Enforcement of the Land Use Code | 23-787 |
| 23.91 | Citation– Hearings– Penalties | 23-791 |
Severability: The Land Use Code is declared to be severable. If any section, subsection, paragraph, clause or other portion of any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the Land Use Code. If any section, subsection, paragraph, clause or any portion is adjudged invalid or unconstitutional as applied to a particular property, use, building or other structure, the application of such portion of the Land Use Code to other property, uses or structures shall not be affected. (Ord. 110381 § 1(part), 1982.)
Introduction: User Information
The Land Use Code contains provisions typically associated with determining what use may be made of a person's property. It is organized in subtitles which describe the general provisions of Title 23 (Subtitle I), incorporate City approvals necessary for the division of land (Subtitle II), detail the establishment of zones and the use regulations and development standards applicable within zones (Subtitle III) and coordinate the administrative and enforcement procedures necessary to implement the land use regulations (Subtitle IV).
While the provisions of Title 23 are integrated and extensive, they do not include all requirements conceivably related to development. For example, with the exception of the coordination of environmental review requirements in the Master Use Permit process, those regulations detailing construction specifications, i.e., building, grading, drainage, etc., are set forth in Title 22, "Building and Construction Codes." Landmark districts and landmark preservation provisions are found in Title 25. The City's SEPA ordinance and environmentally critical areas ordinance are also set forth in Title 25.
(Ord. 110381 § 1(part), 1982.)
Subtitle I. Chapter 23.02 Sections:
23.02.010 Title.
23.02.020 General purpose and general provisions
23.02.010 Title.
This title shall be known as the Land Use Code of The City of Seattle.
(Ord. 110381 § 1(part), 1982.)
23.02.020 General purpose and general provisions
A. The purpose of this Land Use Code is to protect and promote public health, safety and general welfare through a set of regulations and procedures for the use of land which are consistent with and implement the City's Comprehensive Plan. Procedures are established to increase citizen awareness of land use activities and their impacts and to coordinate necessary review processes. The Land Use Code classifies land within the City into various land use zones and overlay districts in order to regulate uses and structures. The provisions are designed to provide adequate light, air, access, and open space; conserve the natural environment and historic resources; maintain a compatible scale within an area; minimize traffic congestion and enhance the streetscape and pedestrian environment. They seek to achieve an efficient use of the land without major disruption of the natural environment and to direct development to lots with adequate services and amenities.
B. Other regulations apply, such as but not limited to building and construction codes (SMC Title 22) and provisions for environmental review, critical areas, noise control, tree protection, and historic preservation (SMC Title 25).
C. All structures or uses shall be built or established on a lot or lots.
D. A grant of a waiver, modification, departure, exception or variance from one specific development standard does not relieve the applicant from compliance with any other standard.
(Ord. 123209, § 1, 2009; Ord. 117570 § 4, 1995: Ord. 110381 § 1(part), 1982.)
Chapter 23.04 Sections:
23.04.010 Transition to the Land Use Code.
23.04.040 Major Institution transition rule.
23.04.010 Transition to the Land Use Code.
A. General Rules of Interpretation. Except as otherwise provided, all permits and land use approvals lawfully issued pursuant to repealed provisions of Title 24 or pursuant to a Title 24 zoning classification no longer applicable to the property shall remain in full force and effect for two (2) years from the effective date of repeal or zoning reclassification or until the expiration date of the respective permit or approval if the date is less than two (2) years from the effective date of repeal or zoning reclassification; provided, that permits issued after the effective date of repeal or zoning reclassification shall remain in full force and effect for two (2) years from the date the permit is approved for issuance as described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.
B. Existing Contract Rezones. Contract rezones approved under Title 24 shall remain in effect until the date specified in the rezone property use and development agreement. If no expiration date is specified, the rezone shall remain in effect for two (2) years from the effective date of Title 23 zoning for the property or, in the case of downtown, from the effective date of Ordinance 112303 adopting permanent Title 23 zoning for downtown.1 When Title 23 zoning goes into effect, the property may, at the election of the property owner, be developed pursuant to either the existing rezone property use and development agreement or Title 23. When the contract rezone expires the property shall be regulated solely by the requirements of Title 23.
C. Existing Planned Unit Developments. Planned unit developments (PUDs) in an SF or multifamily zone regulated under Title 23 which were authorized pursuant to Title 24 shall be permitted to develop according to the specific terms of such authorizations. This shall include the opportunity to apply to the Council for an extension of time for completion of PUDs. Upon completion of the PUDs, the provisions of Title 23, including all use and development standards, shall apply.
(Ord. 120117 § 1, 2000; Ord. 117570 § 5, 1995: Ord. 112522 § 3, 1985; Ord. 112303 § 2, 1985; Ord. 112519 § 1, 1985; Ord. 111390 § 1, 1983; Ord. 110669 § 1, 1982; Ord. 110381 § 1(part), 1982.)
1. Editor's Note: Ordinance 112303 was adopted on June 10, 1985.
23.04.040 Major Institution transition rule.1
The following transition rules shall apply only to Major Institution master plans and Major Institution projects:
A. The development program component, as described in subsections D and E of Section 23.69.030, of a master plan which was adopted before the effective date of the 1996 Major Institutions Ordinance, or for which an application was filed before the effective date of the 1996 Major Institutions Ordinance and which was subsequently adopted, shall remain effective through its adopted expiration date. If no expiration date was adopted for a development program that was adopted before the effective date of the 1996 Major Institutions Ordinance, it shall expire on May 2, 2000. Amendments to a development program component shall be subject to the provisions of Section 23.69.035. The institution may choose to update the entire development program component, as described in subsections D and E of Section 23.69.030, by applying for an amendment pursuant to Section 23.69.035. The Director may require new or changed development standards as part of this process, and any prior expiration date would be eliminated.
B. The development standards component, as described in subsections B and C of Section 23.69.030, of a master plan which was adopted before the effective date of the 1996 Major Institutions Ordinance, or for which an application was filed before the effective date of the 1996 Major Institutions Ordinance and which was subsequently adopted, shall remain in effect unless amended. Amendments to a development standard component shall be subject to the provisions of Section 23.69.035.
C. A transportation management program, as described in subsection F of Section 23.69.030, which was approved before the effective date of the 1996 Major Institutions Ordinance shall remain in effect unless amended. Amendment of such a transportation management program shall be subject to the provisions of Section 23.69.035.
D. Master Plan Proceeding Under Code in Effect at Time of Filing. When an application and applicable fees have been filed for a master plan prior to the effective date of the 1996 Major Institutions Ordinance, the master plan shall be subject either to the procedures and provisions in effect at the time of filing or to the newly adopted procedures and provisions, at the discretion of the applicant, provided that:
1. The applicant may elect only one (1) set of procedures and provisions which shall apply throughout the process; and
2. The election of applicable procedures and provisions shall be made within sixty (60) days following the effective date of the 1996 Major Institutions Ordinance; and
3. The election shall be irrevocable and shall be made in writing on a form provided by the Director; and
4. If no election is made, the master plan shall be subject to the procedures and provisions in effect at the time of filing.
(Ord. 118362 § 1, 1996; Ord. 116744 § 1, 1993; Ord. 115002 § 2, 1990.)
1. Editor's Note: The 1996 Major Institutions Ordinance, Ordinance 118362, was signed by the Mayor on November 13, 1996 and became effective December 13, 1996.
Chapter 23.06 Sections:
23.06.010 Text amendment procedures.
23.06.010 Text amendment procedures.
Amendments to the text of this Land Use Code may be approved pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.
(Ord. 112522 § 4, 1985.)
Subtitle II. Chapter 23.20 Sections:
23.20.002 Purpose.
23.20.004 Exemptions from platting regulations.
23.20.008 Compliance with state law and Land Use Code.
23.20.012 Effect of noncompliance.
23.20.002 Purpose.
The purpose of Subtitle II is to implement the authority granted to the City by RCW Chapter 58.17 and to conform to its provisions which govern the platting and subdivision of land.
(Ord. 110570 § 1(part), 1982.)
23.20.004 Exemptions from platting regulations.
The provisions of Subtitle II shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions of land into lots or tracts each of which is one one-hundred-twenty-eighth ( 1/128) of a section of land or larger or five (5) acres or larger if the land is not capable of description as a fraction of a section of land;
3. Divisions made by testamentary provisions, or the laws of descent;
4. Divisions of land into lots or tracts classified for industrial or commercial use when the City has approved a binding site plan for the use of land;
5. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is to be placed upon the land when a binding site plan has been approved for the use of the land;
6. A transfer of land to the City for open space purposes; provided that any remaining lot or lots that are consistent with Subtitle III shall be considered legal building sites; and provided further that the land transferred to the City shall not be a legal building site without compliance with the applicable platting requirements of Subtitle II.
Exemptions provided by this section shall not be construed as exemptions from compliance with other applicable development standards required by this Code.
(Ord. 122311, § 4, 2006; Ord. 115875 § 1, 1991: Ord. 110570 § 1(part), 1982.)
23.20.008 Compliance with state law and Land Use Code.
Every division of land shall comply with the provisions of RCW Chapter 58.17 and the provisions of this subtitle. They shall conform to the Environmentally Critical Areas Policies and all land use regulations, Subtitle III, and SMC Chapter 25.09, Regulations for Environmentally Critical Areas, in effect as provided by SMC Section 23.76.026. Lots shall be of a size and dimension and have access adequate to satisfy the requirements of Subtitle III of this title.
(Ord. 120691 § 3, 2001: Ord. 116262 § 1, 1992: Ord. 110570 § 1(part), 1982.)
23.20.012 Effect of noncompliance.
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of RCW Chapter 58.17 or this subtitle, unless the Director finds that the public interest will not be adversely affected by the decision. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchaser's or transferee's property shall comply with provisions of RCW Chapter 58.17 and this chapter, and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of RCW Chapter 58.17 or this chapter, including any amount reasonably spent as a result of an inability to obtain any development permit and spent to conform to the requirements of RCW Chapter 58.17 and this chapter as well as the cost of investigation, suit and reasonable attorney's fees. A purchaser or transferee may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reasonable attorney's fees.
(Ord. 110570 § 1(part), 1982.)
Chapter 23.22 Sections:
Subchapter I Preliminary Plat Process
23.22.016 Application.
23.22.020 Content of preliminary plat application.
23.22.024 Distribution of preliminary plans.
23.22.028 Effect of preliminary plat approval.
Subchapter II Preliminary Plat Considerations
23.22.050 Topographical and surface hazards-Protective improvements.
23.22.052 Dedications required.
23.22.054 Public use and interest.
23.22.056 Flood control zone.
23.22.058 Environmentally critical areas.
23.22.060 Transportation concurrency level-of-service standards.
23.22.062 Unit lot subdivisions
Subchapter III Review of Final Plat
23.22.064 Filing with Director of Transportation.
23.22.066 Technical standards for final plat.
23.22.068 Certificates required.
23.22.070 Director's action on final plat.
23.22.072 Submission of final plat to Council.
23.22.074 Council determination of final plat.
23.22.078 Resubmission.
Subchapter IV Reserved Land
23.22.082 Land reserved for public use.
23.22.084 Reserved land to show on plat.
23.22.086 No development on reserved land.
23.22.088 Development if not acquired.
Subchapter V Survey Requirements
23.22.092 Registered land surveyor.
23.22.094 Computations– Notes.
23.22.096 Permanent control monuments.
23.22.098 Property contiguous to water.
Subchapter VI Design and Construction Standards
23.22.100 Design standards.
23.22.102 Improvements.
23.22.106 Exceptions.
Subchapter I 23.22.016 Application.
A. Official filing of an application for subdivision with the Director shall be preceded by a preliminary review of the proposed subdivision by the Director.
B. Following the review, the subdivider shall submit an application to the Director. A subdivider shall submit with the application fifteen (15) copies of a preliminary plat and four (4) copies of preliminary plans for streets and other improvements. Unless the subdivider requests otherwise, at the time of application the application will be processed simultaneously with applications for rezones of or planned unit or planned residential development upon the property to be subdivided.
C. Applications shall be processed according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and the additional procedures established in this subchapter. In event of a conflict, the procedures contained in this subchapter control.
(Ord. 118012 § 2, 1996: Ord. 117432 § 31, 1994; Ord. 112522 § 15 (part), 1985: Ord. 110570 § 1 (part), 1982.)
23.22.020 Content of preliminary plat application.
A. Every preliminary plat application shall consist of one (1) or more maps together with written data including the following:
1. The name of the proposed subdivision;
2. North arrow and scale; the location of existing property lines; streets, building, if any; watercourses and all general features;
3. The legal description of the land contained within the subdivision;
4. The names and addresses of all persons, firms and corporations holding interest in the lands, including easement rights and interest;
5. The proposed names, locations, widths, dimensions and bearings of proposed streets, alleys, easements, parks, lots, building lines, if any, and all other information necessary to interpret the plat, including the location of existing utility and access easements which are to remain, all horizontal references (any reference to bearings, azimuths, or geographical or state plane coordinates) shall reference the North American Datum of 1983 (1991 adjustment);
6. The location of streets in adjoining plats and the approximate locations of adjoining utilities and proposed extensions into the plat;
7. The names of adjoining plats;
8. The name, address and telephone number and seal of the registered land surveyor who made the survey or under whose supervision it was made;
9. The date of the survey;
10. All existing monuments and markers located by the survey;
11. The zoning classification applicable to the land within the subdivision;
12. The conditions of or the limitations on dedications, if any, including slope rights;
13. Contour intervals as required, based upon the North American Vertical Datum of 1988;
14. Property information including, but not limited to, address, legal description, and Assessor's Parcel number;
15. Evidence of ownership or authorization from the property owner to make the application;
16. A signed statement of financial responsibility by the applicant and owner acknowledging financial responsibility for all applicable permit fees;
17. Drainage plan;
18. Landscape plan;
19. Identification of any adjacent property within three hundred (300) feet of the proposed subdivision that is owned or controlled by the applicant; and
20. Specific location and description of all trees at least six (6) inches in diameter measured four and one-half (4 1/2) feet above the ground, with species indicated.
B. Any plat submitted that covers only a part of the subdivider's tract shall be accompanied by a sketch showing the proposed future street system in the remainder of the tract so that the street layout of the tract may be considered as a whole.
C. The plat shall comply with the technical requirements of Subchapter V.
(Ord. 121291 § 6, 2003; Ord. 119791 § 1, 1999; Ord. 118012 § 3, 1996: Ord. 110570 § 1(part), 1982.)
23.22.024 Distribution of preliminary plans.
If the Director determines that the subdivider has met all the application requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the Director shall affix a file number and date of receipt to the application and promptly forward three (3) copies of the plat and the subdivider's preliminary plans for streets and other improvements to the Director of Transportation. The Director shall also forward a copy of the preliminary plat to each of the following:
A. Director of Public Health;
B. Superintendent of City Light;
C. Director of Housing;
D. Superintendent of Parks and Recreation;
E. Director of Seattle Public Utilities;
F. Chief, Fire Department;
G. Metropolitan Services Department; who shall review the preliminary plat and, within thirty (30) days, furnish the Director with a report as to the effect of the proposed subdivision upon the public health, safety and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the Director of Transportation and the Director of Seattle Public Utilities shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements.
(Ord. 119273 § 44, 1998: Ord. 118409 § 164, 1996: Ord. 117263 § 1, 1994: Ord. 110570 § 1(part), 1982.)
23.22.028 Effect of preliminary plat approval.
A. Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision facilities and improvements as required in the approved preliminary plat upon issuance of the final plat. Development shall be in strict accordance with the plans and specifications as prepared or approved by the Director of Transportation and subject to any conditions imposed by the Hearing Examiner.
B. No subdivision requirements which become effective after the approval of a preliminary plat for a subdivision shall apply to such subdivision unless the Hearing Examiner determines that a change in conditions created a serious threat to the public health or safety.
(Ord. 118794 § 1, 1997: Ord. 118409 § 165, 1996: Ord. 112522 § 15(part), 1985; Ord. 110570 § 1(part), 1982.)
Subchapter II 23.22.050 Topographical and surface hazards– Protective improvements.
Land having topographical or subsurface conditions hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is restricted to uses which will not expose persons or property to the hazard. Protective improvements consistent with the standards established in Subchapter VI shall be constructed, prior to final plat approval unless a performance bond acceptable to the Director of Engineering is filed in lieu of the improvements.
(Ord. 110570 § 1(part), 1982.)
23.22.052 Dedications required.
A. Every subdivision shall include adequate provision for dedication of drainage ways, streets, alleys, pedestrian access and circulation, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.
B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the City.
C. Sidewalks shall be provided on dedicated streets, and must be convenient for pedestrians and contiguous to each other and to any private sidewalks within the subdivision and to existing sidewalks contiguous to the subdivision.
D. Vehicular access to every lot shall be from a dedicated street, unless the Director determines that the following conditions exist, and permits access by a permanent private easement:
1. Access by private easement would not compromise the goals of the Land Use Code to provide for adequate pedestrian access and safety, light, air and usable open space between structures; and
2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking; and
4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
5. There is identifiable access for the public and for emergency vehicles; and
6. There is no potential for extending the street system.
E. Roads not dedicated to the public must be clearly marked on the face of the plat. Subdivisions adjacent to navigable bodies of water shall contain dedications for public access to the bodies of water unless the Hearing Examiner determines that the public interest will not be served by the dedication. The dedication shall be to the low water mark and shall include easements for pedestrian access and circulation at least ten (10) feet wide parallel to and bordering the high water mark.
F. If the Hearing Examiner concludes that the public interest will be served, the Hearing Examiner may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage ways, streets, alleys, pedestrian access and circulation, parks and other open space, allow the land to be conveyed to a homeowner's nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the Director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The City Attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The Hearing Examiner may impose other conditions as he or she deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.
G. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the donee or donees, grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.
H. Dedicated sidewalks, streets and alleys shall meet the requirements of Chapter 23.53 and the Right-of-Way Improvements Manual. Private easements shall meet the requirements of Section 23.53.025.
(Ord. 122615, § 1, 2007; Ord. 122205, § 3, 2006; Ord. 118012 § 5, 1996: Ord. 115568 § 1, 1991: Ord. 115326 § 1, 1990; Ord. 110669 § 3, 1982; Ord. 110570 § 1(part), 1982.)
23.22.054 Public use and interest.
The Hearing Examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The Hearing Examiner shall consider all relevant facts to determine whether the public interest will be served by the subdivision and dedication, and if it finds that the proposed plat makes appropriate provision for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, sites for school and schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, is designed to maximize the retention of existing trees, and that the public use and interest will be served by the platting of subdivision, then it shall be approved. If the Hearing Examiner finds that the proposed plat does not provide the appropriate elements or that the public use and interest will not be served, then the Hearing Examiner may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The Hearing Examiner shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners.
(Ord. 119791 § 2, 1999: Ord. 118012 § 6, 1996: Ord. 110570 § 1(part), 1982.)
23.22.056 Flood control zone.
No plat shall be approved by the Hearing Examiner covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the State Department of Ecology.
(Ord. 118794 § 2, 1997: Ord. 110570 § 1(part), 1982.)
23.22.058 Environmentally critical areas.
No plat shall be approved by the Hearing Examiner covering any land situated in a riparian corridor, wetland and wetland buffer, or steep slope and steep slope buffer unless in compliance with the applicable provisions of Section 25.09.240, Short subdivisions and subdivisions, in environmentally critical areas.
(Ord. 122050 § 3, 2006; Ord. 118794 § 3, 1997: Ord. 116262 § 2, 1992.)
23.22.060 Transportation concurrency level-of-service standards.
Proposed subdivisions shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.
(Ord. 117383 § 1, 1994.)
23.22.062 Unit lot subdivisions
A. The provisions of this section apply exclusively to the unit subdivision of land for townhouses, cottage housing developments, and cluster development for housing, as permitted in Single-Family, Residential Small Lot and Lowrise zones, and for single-family dwelling units in Lowrise zones, or any combination of the above types of residential development, as permitted in the applicable zones.
B. Except for any site for which a permit has been issued pursuant to Section 23.44.041 for a detached accessory dwelling unit, sites developed or proposed to be developed with dwelling units listed in subsection A above may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves.
C. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.
D. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common courtyard open spaces for cottage housing), and other similar features, as recorded with the Director of the King County Department of Records and Elections.
E. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the Director of the King County Department of Records and Elections.
F. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with the King County Department of Records and Elections.
(Ord. 123046, § 1, 2009; Ord. 122190, § 1,, 2006; Ord. 119618 § 1, 1999; Ord. 119239 § 1, 1998.)
Subchapter III 23.22.064 Filing with Director of Transportation.
A. Time of Filing.
1. A final plat meeting all the requirements of RCW Chapter 58.17 and of this chapter, shall be filed with the Director of Transportation within five (5) years of the date of preliminary plat approval.
2. Within thirty (30) days of the date of filing of the final plat, unless the applicant consents to an extension of the time period, final plats shall be approved or disapproved by action of the Council, or returned to the applicant. This approval shall proceed pursuant to the procedures of this chapter.
B. Submittal Requirements. The following shall be submitted for final plat review:
1. A final plat consistent with the technical requirements of Section 23.22.066 and Subchapter V;
2. A complete survey of the section or sections in which the plat or replat is located, or as many sections as may be necessary to properly orient the plat within the section or sections;
3. Complete field and computation notes as provided in Section 23.22.094;
4. A title report from a title company licensed to do business in the state showing the ownership and title of all parties of interest in the subdivision and confirming that title of the lands as described and shown on the final plat is in the name of the owners signing the certificate required in Section 23.22.068;
5. A guarantee deposit in an amount established by the Director of Transportation sufficient to cover the expense of the City in checking the plat, advertising the ordinance, and posting notices.
(Ord. 118409 § 166, 1996: Ord. 118012 § 7, 1996: Ord. 110570 § 1(part), 1982.)
23.22.066 Technical standards for final plat.
A. The final plat shall be prepared upon the best grade of tracing medium and shall be 18 inches by 22 inches in size. The accuracy and completeness of the map shall be the sole responsibility of a registered land surveyor whose seal shall appear on the plat and who shall make field surveys and investigations as necessary to insure that the map is complete and accurate in every detail. The preparation of the tracing shall be by an experienced draftsman and work shall conform to established standards of workmanship. The final plat shall be presented at a scale not smaller than 100 feet to 1-inch and shall contain and show the following:
1. The name of the subdivision;
2. The lines, widths and names of all streets, avenues, places, parks or other public property, and the location of monuments marking the same;
3. The length and direction of all lot lines, also the angles made by lot lines with the street lines;
4. The location of control points and monuments together with all ties;
5. The names of all subdivisions immediately adjacent;
6. The scale and north point;
7. The boundary of the tract as covered by the plat showing courses and distance on the plat;
8. The initial point;
9. All protective improvements and restrictions on uses;
10. All dedications and all conveyances to a homeowner's nonprofit maintenance corporation in lieu of dedication.
B. In the case of a replat, the lots, blocks, streets, alleys, easements and parks appearing on the original plat shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, and the new plat shall be shown clearly in solid lines to avoid ambiguity.
C. The description, dedication, acknowledgment, certificates of the Director of Finance and Administrative Services and County official performing the duties of the County Treasurer, certificates of approval by the Director of Transportation, the City Clerk and the Director, and recording certificate, shall be lettered with india ink or substantially equivalent lettering material and shall be substantially in the form set forth in the Director of Transportation's Subdivision Manual.
(Ord. 123361, § 383, 2010; Ord. 120794 § 293, 2002; Ord. 118409 § 167, 1996: Ord. 116368 § 302, 1992; Ord. 110570 § 1(part), 1982.)
23.22.068 Certificates required.
Each and every final plat, or replat, of any property to be filed for record shall:
1. Contain a statement of approval from the Director of Transportation as to the survey date, the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;
2. Be acknowledged by the person filing the plat before the King County Director of Records and Elections or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of the acknowledgment shall be enclosed or annexed to the plat and recorded with it;
3. Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;
4. Contain a certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owners. If the plat is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final plat.
(Ord. 118409 § 168, 1996: Ord. 110570 § 1(part), 1982.)
23.22.070 Director's action on final plat.
The Director of Transportation shall refer the final plat to the Director who shall review the final plat for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the Hearing Examiner, and to the standards established by RCW Chapter 58.17 and this chapter. The Director shall within ten (10) days furnish the Director of Transportation with a report regarding the conformance of the plat. The Director of Transportation shall review the final plat for the following:
A. That the proposed final plat bears the certificates and statements of approval required by state law and this chapter;
B. That a title insurance report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;
C. That the facilities and improvements required to be provided by the subdivider have been completed or alternatively, that the subdivider will provide a bond in a form approved by the City Attorney and in an amount commensurate with the cost of improvements remaining to be completed, conditioned upon the construction and installation of improvements within a fixed time set by the Council, not to exceed two (2) years after final approval of the plat;
D. That the map is technically correct and accurate as certified by the registered land surveyor responsible for the plat.
(Ord. 118409 § 169, 1996: Ord. 118012 § 8, 1996: Ord. 110570 § 1(part), 1982.)
23.22.072 Submission of final plat to Council.
A. Pursuant to the requirements of RCW 58.17.150, the Director of Transportation shall not modify the conditions or requirements made in the approval of the preliminary plat when making recommendations on the final plat without the consent of the subdivider.
B. If the Director and the Director of Transportation determine that the requirements of this subtitle are met, the Director of Transportation shall certify that the proposed final plat meets the requirements of RCW Chapter 58.17 and this chapter, and shall forward a complete copy of the proposed plat to the Council.
C. If either Director determines that the requirements of this chapter have not been met, the final plat shall be returned to the applicant for modification, correction or other action as may be required for approval; provided, that the final plat shall be forwarded to the Council together with the determination of the Directors, upon written request of the subdivider.
(Ord. 118409, § 170, 1996: Ord. 118012 § 9, 1996: Ord. 110570 § 1(part), 1982.)
23.22.074 Council determination of final plat.
A. The Council shall determine:
1. Whether the final plat is in substantial conformance with the approved preliminary plat;
2. Whether the requirements imposed when the preliminary plat was approved have been met;
3. Whether the bond, if required by the City, is sufficient in its terms to assure completion of improvements; and
4. Whether the requirements of state law and the Seattle Municipal Code which were in effect at the time of preliminary plat approval have been satisfied by the subdivider.
B. The Council shall approve by ordinance, disapprove, or return the proposed final plat. If the Council approves the plat, it shall inscribe and execute its written approval on the face of the plat, and the Director of Transportation shall transmit the original plat to the King County Director of Records and Elections for filing, and forward one (1) copy to the Director and one (1) copy to the County Assessor. At least one (1) copy of the approved final plat shall be retained in the files of the Director of Transportation.
C. A subdivision shall be governed by the terms of approval of the final plat and any lots created thereunder shall be deemed to meet lot requirements imposed by this Land Use Code for a period of no less than five (5) years unless the City Council finds that a change in circumstances creates a serious threat to the public health or safety in the subdivision.
(Ord. 118409 § 171, 1996: Ord. 118012 § 10, 1996: Ord. 110570 § 1(part), 1982.)
23.22.078 Resubmission.
A. Any final plat disapproved by the Council or returned to the applicant may, at the subdivider's option, be resubmitted for approval upon satisfaction of the following conditions:
1. The subdivider has corrected those deficiencies of the final plat, attachments to it, or improvements, any or all of which caused the final plat to be returned or disapproved;
2. The final plat is resubmitted within the five (5) year period after the date of approval of the preliminary plat as provided in Section 23.22.064 or within six (6) months from the date of Council disapproval whichever is later;
3. The final plat was not disapproved by Council with prejudice against resubmission;
4. The subdivider has not accepted any proffered refund of filing fees paid for individual lots.
B. Any subdivision, the final plat of which is disapproved for reasons of nonconformance with the approved preliminary plat and any requirements or conditions attached to it, may be submitted as a preliminary plat, and shall be considered a new and separate application for all intents and purposes.
(Ord. 118012 § 11, 1996: Ord. 110570 § 1(part), 1982.)
Subchapter IV 23.22.082 Land reserved for public use.
Any public agency with the power to acquire land by condemnation or otherwise for public use may, at any time prior to final approval of a preliminary plat, notify the council and the subdivider of its intention to acquire some or all of the land in the proposed subdivision for public use, and may request that the Council require its dedication for the use. In the event the land is not dedicated for the use, the public agency may request that the Council require the reservation of the land for a stated period not to exceed the two (2) years following the Council's approval of the final plat, during which time the agency may acquire the land. If the Council finds that the public health, safety, or general welfare will be served, it may require as a condition precedent to approval of the final plat that the land or that part of it as the Council deems appropriate be designated on the plat as reserved land and that for the period requested or a shorter period as the Council deems sufficient, the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice with the King County Director of Records and Elections of its intention to abandon its right to acquire the reserved land.
(Ord. 110570 § 1(part), 1982.)
23.22.084 Reserved land to show on plat.
The subdivider may indicate on the plat that if the reserved land is not acquired for public use, it shall be subdivided and if the subdivider does so the plat shall show the configuration and dimensions of the proposed lots, blocks, streets, easements and like features in the reserved area.
(Ord. 110570 § 1(part), 1982.)
23.22.086 No development on reserved land.
No building permit or other development permit shall be issued for improvements on reserved land during the period of reservation unless the public agency has abandoned its rights and except as expressly authorized by the Council at the time the final plat is approved.
(Ord. 110570 § 1(part), 1982.)
23.22.088 Development if not acquired.
If the public agency has not acquired or commenced proceedings to acquire the reserved lands within the period set by the Council, the subdivider may proceed to develop land lying within the reserved area in conformity with the final plat. No improvements shall be made upon reserved land which is made available for development until adequate security for development of all required public and protective improvements has been provided.
(Ord. 110570 § 1(part), 1982.)
Subchapter V 23.22.092 Registered land surveyor.
A survey of every proposed subdivision and the preparation of preliminary and final plats of the subdivision shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying.
(Ord. 110570 § 1(part), 1982.)
23.22.094 Computations– Notes.
A. The surveyor shall furnish the Director of Transportation with a full set of survey notes which notes shall clearly show:
1. The ties to each permanent monument;
2. At least three (3) durable, distinctive reference points or monuments;
3. Sufficient data to determine readily the bearing and length of each line;
4. The base meridian referred to.
B. A traverse of the boundaries of the subdivision and all lots and blocks shall close within an area of one (1) foot in five thousand (5,000) feet.
C. Primary survey control points shall be referenced to section corners and monuments, and corners of adjoining subdivisions, or portions of subdivisions shall be identified and ties shown.
(Ord. 118409 § 172, 1996: Ord. 110570 § 1(part), 1982.)
23.22.096 Permanent control monuments.
A. Permanent control monuments shall be established at:
1. All controlling corners on the boundaries of the subdivision;
2. The intersections of centerlines of roads within the subdivisions;
3. The beginning and ends of curves on centerlines;
4. All block corners.
B. Permanent control monuments may be placed on the offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be of a type approved by the Director of Transportation.
C. Permanent control monuments within the streets shall be set after the streets are graded. In the event a final plat is approved before streets are graded, the security deposit to provide for grading shall be sufficient to pay the costs of setting the monuments estimated by the Director of Transportation.
D. Each lot corner shall be marked by a three-quarter ( 3/4) inch galvanized iron pipe, twenty-four (24) inches in length, or approved equivalent, driven into the ground.
(Ord. 118409 § 173, 1996: Ord. 110570 § 1(part), 1982.)
23.22.098 Property contiguous to water.
If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high water mark. Property lying below and beyond the meander line shall be defined by distance along the side property lines extended from the meander line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey.
(Ord. 110570 § 1(part), 1982.)
Subchapter VI 23.22.100 Design standards.
Except as provided in Section 23.22.106, design of all subdivisions shall conform to the standards set forth in this subsection:
A. Streets and Alleys.
1. All subdivisions shall be served by one (1) or more streets providing adequate ingress and egress to and from the subdivision.
2. New streets within each subdivision shall conform with the City's thoroughfare and circulation plans and shall provide for the continuation of streets that serve the property contiguous to the subdivision. Streets serving lots on two (2) sides shall be at least sixty (60) feet wide unless a narrower street is warranted by special physical circumstances as determined by the Director, in consultation with the Director of Transportation, or as specified in Section 3.1.2b (for nonarterial streets) or 3.1.1a (for arterials) of the Right-of-Way Improvements Manual.
3. Street intersections shall be as nearly at right angles as practicable and in no event shall the angle formed be less than thirty (30) degrees.
4. A cul-de-sac shall be designed according to the Right-of-Way Improvements Manual to provide a circular turnaround at the closed end. A tee or other reasonable alternative may be authorized by the Hearing Examiner in lieu of the turnaround. Cul-de-sac streets shall not exceed four hundred fifty (450) feet in length and the right-of-way shall be at least fifty (50) feet wide, except under special circumstances a lesser width will be permitted.
5. Street networks shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants.
6. Alleys shall be at least sixteen (16) feet wide plus such additional width as shall be necessary for an adequate turning radius.
B. Blocks. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation. Blocks shall be identified by letters or numbers.
C. Lots.
1. Every lot shall be provided with convenient pedestrian and vehicular access to a street or to a permanent appurtenant easement that satisfies the requirements of Sections 23.53.005 and 23.53.006.
2. Lots shall be numbered with reference to blocks.
D. Design Standards for Pedestrian Access and Circulation. Design of sidewalks and private sidewalk easements for pedestrian access and circulation shall meet the standards of the Right-of-Way Improvement Manual.
E. Drainage, Storm Sewer and Utility Easements.
1. Easements for drainage channels and ways shall be of sufficient width to assure that they may be maintained and improved. Easements for storm sewers shall be provided and shall be of sufficient width and in proper location to permit future installation. Utility easements shall be in accordance with plans and specifications prepared by the appropriate City department.
2. Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure installation and maintenance.
F. Underground Utility Installation. Subdivisions located adjacent to subdivisions having underground utility lines shall provide underground utility lines including but not limited to those for electricity, telephone, CATV and street lighting.
(Ord. 122615, § 2, 2007; Ord. 122205, § 4, 2006; Ord. 121477 § 1, 2004; Ord. 119239 § 2, 1998; Ord. 118794 § 4, 1997; Ord. 118409 § 174, 1996: Ord. 110570 § 1(part), 1982.)
23.22.102 Improvements.
A. Streets, Bridges and Other Construction. All streets, bridges, drains, culverts and other structures and facilities in dedicated areas shall be constructed in accordance with plans and specifications prepared or approved by the Director of Transportation.
B. Street Grading and Surfacing. All dedicated streets shall be graded to their full width with adequate drainage provided prior to acceptance for public use. Grades shall be established by the Director of Transportation and all roadways shall be surfaced according to plans and specifications prepared or approved by the Director of Transportation.
C. Water and Sewers. Water supply facilities adequate to provide potable water from a public supply to each lot within a subdivision shall be installed in conformity with standards adopted by the Director of Seattle Public Utilities. Each lot shall be provided with a sanitary sewer system connection approved by the Seattle-King County Health Department and the Seattle Public Utilities unless the agencies determine that the lots can be adequately served with private septic tanks. All connections shall conform to applicable City regulations.
D. Service Mains and Fire Hydrants. Prior to the construction of any structure in the subdivision, service mains and fire hydrants shall be installed in accordance with plans and specifications prepared or adopted by the Director of Seattle Public Utilities and in accordance with requirements and standards of the Seattle Public Utilities and the Fire Department.
(Ord. 118409 § 175, 1996: Ord. 110570 § 1(part), 1982.)
23.22.106 Exceptions.
Exceptions from the design standards and improvement requirements set forth in this subchapter may be authorized by the Hearing Examiner in those instances where it is deemed that hardship, topography or other factual deterrent conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of the regulations and requirements. Approval by the Hearing Examiner of a preliminary plat on which variations and exceptions are clearly indicated shall constitute authorization of the variations and exceptions.
(Ord. 118794 § 5, 1997: Ord. 118566 § 1, 1997: Ord. 110570 § 1(part), 1982.)
Chapter 23.24 Sections:
23.24.010 Filing of application.
23.24.020 Content of application.
23.24.030 Content of short plat.
23.24.035 Access.
23.24.040 Criteria for approval.
23.24.045 Unit lot subdivisions
23.24.046 Multiple single-family dwelling units on a single-family lot.
23.24.050 Director's decision.
23.24.060 Redivision procedures.
23.24.010 Filing of application.
A. Any person seeking to divide or redivide land situated within the City into nine (9) or fewer lots for the purpose of sale or lease, transfer of ownership, development or financing shall submit an application for approval of a short subdivision to the Director together with an application fee as established in the Permit Fee Subtitle, Chapters 22.901A-22.901T. The application is subject to procedural requirements, established in Chapter 23.76, the Master Use Permit Process.
B. A survey of each proposed short subdivision and preparation of the short plat for it shall be made by or under the supervision of a registered land surveyor who shall certify on a short plat that it is a true and correct representation of the lands actually surveyed.
(Ord. 118012 § 12, 1996: Ord. 110570 § 1(part), 1982.)
Cases: A building permit issued in violation of this ordinance and RCW Chapter 58.17 is invalid. Kates v. Seattle, 44 Wn.App. 754, 723 P.2d 493 (1986).
23.24.020 Content of application.
Applications for approval of a short subdivision shall include the following:
A. A plat of the proposed short subdivision containing standard survey data;
B. A vicinity map on which shall be indicated the property to be subdivided;
C. A plot plan, as appropriate, showing the location and dimensions of existing buildings in relation to the proposed short subdivision;
D. Legal descriptions of the property to be subdivided and of all proposed lots or divisions;
E. Name and address of owner(s) of the tract;
F. Location of existing roadways, sidewalks and/or pedestrian walkways, sanitary sewer, storm drain and watermains, if any, together with proposed street improvements; and
G. Specific location and description of all trees at least six (6) inches in diameter measured four and one-half (4 1/2) feet above the ground, with species indicated.
(Ord. 122615, § 3, 2007; Ord. 120117 § 2, 2000; Ord. 119791 § 3, 1999: Ord. 110570 § 1(part), 1982.)
23.24.030 Content of short plat.
A. Every short plat of a short subdivision filed for record must contain:
1. A certificate giving a full correct description of the lands divided as they appear on the short plat, including a statement that the short subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
2. If the short plat includes a dedication, the certificate or a separate written instrument of dedication shall contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private, as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road.
3. Roads not dedicated to the public must be clearly marked on the face of the short plat.
4. All short plats containing a proposed dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the short plat is in the name of the owner signing the certificate or instrument of dedication.
B. The certificate and instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and shall be recorded as part of the final plat. Any dedication, donation, or grant as shown on the face of the short plat shall be considered to all intents and purposes as a quitclaim deed to the donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors.
(Ord. 110570 § 1(part), 1982.)
23.24.035 Access.
A. Every short subdivision shall include adequate provision for dedication of drainage ways, streets, alleys, pedestrian access and circulation easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.
B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the City.
C. When sidewalks are provided on dedicated streets, they must be convenient for pedestrians and contiguous to each other and to any private sidewalks within the short subdivision and to existing sidewalks contiguous to the short subdivision.
D. Vehicular access to new lots shall be from a dedicated street, unless the Director determines that the following conditions exist, and permits access by a permanent private easement:
1. Access by private easement would not compromise the goals of the Land Use Code to provide for adequate pedestrian access and safety, light, air and usable open space between structures; and
2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking; and
4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
5. There is identifiable access for the public and for emergency vehicles; and
6. There is no potential for extending the street system.
E. Dedicated streets, sidewalks, and alleys shall meet the requirements of Chapter 23.53 and the Right-of-Way Improvements Manual. Private easements shall meet the requirements of Section 23.53.025.
(Ord. 122615, § 4, 2007; Ord. 122205, § 5, 2006; Ord. 115568 §§ 2, 3, 1990; Ord. 115326 § 2, 1990.)
23.24.040 Criteria for approval.
A. The Director shall, after conferring with appropriate officials, use the following criteria to determine whether to grant, condition or deny a short plat:
1. Conformance to the applicable Land Use Code provisions, as modified by this chapter;
2. Adequacy of access for pedestrians, vehicles, utilities and fire protection as provided in Section 23.53.005, Access to lots, and Section 23.53.006, Pedestrian access and circulation;
3. Adequacy of drainage, water supply and sanitary sewage disposal;
4. Whether the public use and interests are served by permitting the proposed division of land;
5. Conformance to the applicable provisions of Section 25.09.240, Short subdivisions and subdivisions, in environmentally critical areas;
6. Whether the proposed division of land is designed to maximize the retention of existing trees;
7. Conformance to the provisions of Section 23.24.045, Unit lot subdivisions, when the short subdivision is for the purpose of creating separate lots of record for the construction and/or transfer of title of townhouses, cottage housing, clustered housing, or single-family housing; and
8. Conformance to the provisions of Section 23.24.046, Multiple single-family dwelling units on a single-family lot, when the short subdivision is for the purpose of creating two (2) or more lots from one (1) lot with more than one (1) existing single-family dwelling unit.
B. If the short subdivision contains a proposed dedication, the Director shall refer the matter to the Director of Transportation for report and recommendation. The short plat or dedication instrument shall be transmitted to the City Council for acceptance of the dedication by ordinance.
(Ord. 122615, § 5, 2007; Ord. 121163 § 1, 2003; Ord. 120691 § 4, 2001; Ord. 119791 § 4, 1999; Ord. 119239 § 3, 1998; Ord. 118414 § 2, 1996; Ord. 118409 § 176, 1996: Ord. 117570 § 7, 1995; Ord. 117430 § 2, 1994; Ord. 117263 § 2, 1994; Ord. 116262 § 3, 1992; Ord. 111390 § 2, 1983; Ord. 110669 § 4, 1982; Ord. 110570 § 1(part), 1982.)
23.24.045 Unit lot subdivisions.
A. The provisions of this section apply exclusively to the unit subdivision of land for townhouses, cottage housing developments, and cluster development for housing, as permitted in Single-Family, Residential Small Lot and Lowrise zones, and for single-family dwelling units in Lowrise zones, or any combination of the above types of residential development, as permitted in the applicable zones.
B. Except for any site for which a permit has been issued pursuant to Section 23.44.041 for a detached accessory dwelling unit, sites developed or proposed to be developed with dwelling units listed in subsection A above may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves.
C. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.
D. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common courtyard open space for cottage housing), and other similar features, as recorded with the Director of the King County Department of Records and Elections.
E. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the Director of the King County Department of Records and Elections.
F. The facts that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with the Director of the King County Department of Records and Elections.
(Ord. 123046, § 2, 2009; Ord. 122190, § 2, 2006; Ord. 119618 § 2, 1999; Ord. 119239 § 4, 1998; Ord. 118794 § 6, 1997; Ord. 118414 § 3, 1996; Ord. 117430 § 3, 1994.)
23.24.046 Multiple single-family dwelling units on a single-family lot.
A. The provisions of this section apply exclusively to the short subdivision of a lot in a single-family zone containing more than one (1) existing single-family dwelling unit.
B. A lot in a single-family zone containing more than one (1) existing single-family dwelling unit may be divided in accordance with this chapter as long as each of the following conditions is satisfied:
1. Each existing single-family dwelling unit was legally established by permit or is eligible to be established as a nonconforming development in accordance with Section 23.42.102, Establishing nonconforming status;
2. Each existing single-family dwelling unit was constructed prior to February 20, 1982;
3. Each resulting lot has one (1), but no more than one (1), existing single-family dwelling unit;
4. Parking is provided in accordance with Section 23.44.016, Parking location and access, unless the Director determines that at least one (1) of the following conditions is present:
a. Providing parking accessory to an existing single-family dwelling unit is undesirable or impractical because of the location of an environmentally critical area, existing drainage patterns, natural features such as significant trees, or access to a resulting or adjacent lot; or
b. The short subdivision cannot be configured to provide parking in compliance with Section 23.44.016;
If the Director determines that at least one (1) of the foregoing conditions is present, the Director may waive or modify the parking requirements of Section 23.44.016 as long as the short subdivision does not reduce the number of off-street parking spaces existing prior to the short subdivision. In connection with such waiver or modification, the Director may require access and parking easements as conditions of approval of the short subdivision; and
5. Each resulting lot conforms to all other development standards of the zone unless the Director determines that the short subdivision cannot be approved if such standards are strictly applied and modification or waiver of some or all of such standards would further the public interest. If the Director makes such determination, then the Director may waive or modify development standards, provided that:
a. Each existing single-family dwelling unit shall be set back at least three (3) feet from each common lot line in the short subdivision; and
b. No resulting lot shall be smaller than one thousand eight hundred (1,800) square feet.
C. Structures on lots for which the Director has waived or modified development standards according to subsection B of this section will be treated as nonconforming and be subject to Section 23.42.112.
(Ord. 121476 § 1, 2004; Ord. 121163 § 2, 2003.)
23.24.050 Director's decision.
A. If the Director determines that the provisions of this Chapter are satisfied, or may be satisfied upon compliance with specified conditions, the Director shall inform the applicant in writing of the decision to approve the application and the conditions of the approval, if any, and may return the proposed short plat to the applicant for modification or correction. When the Director has determined that: (1) the short plat contains the certificates, dedication instruments and statements of approval required by state law and this chapter, (2) the short plat and all legal descriptions are technically correct, and (3) review procedures pursuant to Chapter 23.76 have been concluded, the short plat shall be filed for record with the King County Director of Records and Elections. Except for purposes of appeal, no short plat or short subdivision granted approval by the Director shall be deemed to have final approval until filed.
B. The decision of the Director on a short subdivision is subject to the further review procedures established under the Master Use Permit process, Chapter 23.76.
C. A short plat shall be governed by the terms of approval of the Director's decision, and any lots created thereunder shall be deemed to meet lot requirements imposed by this Land Use Code for a period of no less than five (5) years unless the City Council finds that a change in circumstances has occurred.
(Ord. 121476 § 2, 2004; Ord. 120609 § 1, 2001; Ord. 110570 § 1(part), 1982.)
23.24.060 Redivision procedures.
Within a five (5) year period following the filing of a short subdivision in accordance with the provisions of Chapter 23.22, property within that short subdivision may not be further divided through the short subdivision process if it would result in more than a total of nine (9) lots. However, any revision of the lot lines of an approved short subdivision in which the total number of lots is not increased shall not be considered a further division, and shall be approved or disapproved in the manner prescribed in Chapter 23.28.
(Ord. 118794 § 7, 1997: Ord. 110570 § 1(part), 1982.)
Chapter 23.28 Sections:
23.28.010 Purpose.
23.28.020 Application for approval of lot boundary adjustment.
23.28.030 Criteria for approval.
23.28.010 Purpose.
The purpose of this chapter is to provide a method for summary approval of lot boundary adjustments which do not create any additional lot, tract, parcel, site or division, while insuring that such lot boundary adjustment satisfies public concerns of health, safety, and welfare.
General Provisions
TITLE AND PURPOSE
APPLICABILITY
AMENDMENTS TO THE LAND USE CODE
Platting Requirements
GENERAL PROVISIONS
SUBDIVISIONS
Preliminary Plat Process
Preliminary Plat Considerations
Review of Final Plat
Reserved Land
Survey Requirements
Design and Construction Standards
SHORT PLATS
LOT BOUNDARY ADJUSTMENTS