Ordinance 3982 Definition of Lot.pdfORDINANCE NO. 3982
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE TO MODIFY THE
DEFINTION OF "LOT" (ECDC 21.55.010), DEFINING "LOT
OF RECORD" (ECDC 21.55.015) AND ESTABLISHING A
PROCESS FOR DETERMINING "INNOCENT PURCHASER"
(ECDC 20.75.180 AND 20.01.003).
WHEREAS, the Edmonds Community Development Code has provisions against issuing
development permits for lots created outside of the subdivision process; and
WHEREAS, the Edmonds Community Development Code contains no definition of a
"lot of record"; and
WHEREAS, an "innocent purchaser" may be allowed to develop a lot pursuant to RCW
58.17.210 and ECDC 20.75.180, and
WHEREAS, the Edmonds Community Development Code contains no process or criteria
for establishing an innocent purchaser, and
WHEREAS, the Edmonds Planning Board forwarded a recommendation to the City
Council with proposed amendments for definitions of lot, lot of record, and an innocent
purchaser process and criteria after a public hearing held on July 23, 2014, and
WHEREAS, after considering the Planning Board's recommendation at a public hearing
held on September 16, 2014 the City Council finds the proposed amendment in the public
interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amendment to, Section 21.55.010 Lot. Section 21.55.010 of the Edmonds
Community Development Code, definition of "Lot," is hereby amended to read as follows (new
text is shown in underline: deleted text is shown in strike through):
Page 1 of 8
21.55.010 Lot.
Lot means a single traet of land legally ereated as a .ern ate building site Yit fOH4
fractional part of divided lands havin', fixed botyidarkk ,-Licipg
of sufficient area and dimension to meet minimum zoning reouirements for width and area. The
term shall include tracts or parcels. For purposes of this code, adjoining lots under common
ownership, which were created without subdivision or short subdivision approval from
applicable city or county governments, shall be considered as one lot and subject to the
regulations contained herein. The terms of this section shall apply regardless of whether the
individual adjoining lots meet current zoning requirements. (See also, Comer Lot, Flag Lot,
Interior Lot, and Irregular Lot.)
Section 2. Amendment to Chapter 21.55 ECDC "L" Terms. A new Section 20.55.015 of
the Edmonds Community Development Code, untitled "Lot of record," is hereby added to read
as follows (new text is shown in underline):
21.55.015 Lot of record.
"Lot of record" means a single tract of land meeting anv one of the criteria listed below.
A. Platted lots:
'N -]�+ -
1 . Amu Int —11—e boundaries vVere esfkk-M ]Jell ;n A ri—n—led
. .... .. . ....... . . . ...... V -O.. — - L-1-
--i""t, V1 milk J'1%4kk.
2. Any lot whose boundaries were estab,lisli in an unrecorded short plat approved y
tlie Cit ol'Edrnoiids betweeii July 3, 1956 aricl piarch 214_CqgLLa11 short ►slats
were required to be recorded).
3. Anv combination of two or more lots shoring a side lot fine as depicted in the
following recorded plats:
a. City of Edmonds
b. Brackett's First Addition
c. Genhart's First Addition
d. Kellogg's Plat of Edmonds
e. Albert B. Lord's Grandview Addition
4, Aiiy lot established 11 'p lnish Courit5l pawnor to the property's beipg it
viexed
into the City of Edmonds and:
Page 2 of 8
a. whose boundaries were established by transfer of ownership before September
12, 1972, and the lot met all zoninia and subdivision r cJuirements in effect at
the time of its creation.
b. whose boundaries were established between Auust 19 1969mand September
12. 1972 by county approved short plat but not recorded µµwith the County
Auditor's Office.
c. whose boundaries wereestablishedon or after September 12; µµ1972wby county
approved and recorded short plat.
d. whose boundaries were established by county approved and recorded formal
plat.
B. Unplatted lots:
1. Lots created by deed nriorto July 3. 1 1956
2. Lots created through court order, will and testament. or other processlisted as
exeniv lr oun l mlat L", , recluirenments by RCW 58.17.035 A 17,040 or t[WoUgh an
exemption fromplattjp &Legulations provided byµ law at the Gine of creation of the
parcel.
3. Lots that have been rnize i. throtigh a 1 reviomms lot detlerininatim reviewas
legal lots.
Section 3. Amendment to Section 20.75.180 Violation - Permits. Section 20.75.180 of
the Edmonds Community Development Code, entitled "Violation - Permits," is hereby amended
to read as follows (new text is shown in underline; deleted text is shown in strike t retirt"):
20.75.180 Violation permits Development of Lots Not Divided According to this
Chapter.
No building permit, septic tank permit or other development permit, shall be issued for
any lot 4-fac4-(mgr-Marce , f-Ia, j c-liv%c,1 1.in-yi latitm� - tlmm cl alt mrmle s�lpl 11 t � t r -sty
1a�r=n��i-l�;s�al�le�--tyre`-harr-rmg-�zn�i���--ambt-ai.a+d'..,r�.vm�alimr� frmlae�iac�ar-r a�ra�nim�er-timet
t�mr�rrbli rmmt�=m=:�t�--1-1-1���m�ars�l�mL-`1�t�l-�tlrl����ruvieleh�vev�,..-tl��rlmihiticmn
c�r�ataiecl-r n -t l"mmi:e+�m�l�al�rmemt-aaPl�ly-to-ami-n r-mc��;ct-l�rrrhase�=l�:om��al�;rwtl�o��tl--nc�t+
unless: 1 the subiect prom r is a lot of record as defined in 21.55015: or 21 the property owner
is determmrl fined to be an innocent l trrchascr mrm accordance with 20,75.180.A. Where this s ctiop
Page 3 of 8
authorizes a lot to be developed even though sucli lot does not �ITmeet the defilij tion for "lot of
record" in 21.55.015,. -ail r development on said lot shall com-DIV with the Citv's develomt
developinent reguj� atimis regardi, on-conforinitia lots.
A, "Lot of record" status for fimocent urcliasei-s, An owner o L)ijja Obtain "lot
of'record" status R)r a pareel LhaL.does not meet the "lot of record" definition. To
obtain this status, the applicLji� davit with stifflicient.st)12
.. . 122
LjIltist submit aii an,,,, i
documentation to demonstrate that:
The (, u)_I'P MY
ippLlic�Lqt did not have actual pots e 1� r i,%,w (lie subdivision of (Iiq
in question. If the qpp&ant had knowledge of the subdivision (e.g. knowledge
that t��)ar�q , Lsin guestion wcrc.j�n of the same parcell 11 not of its
Mealit y. tile itmoccpt purcliaUs y
se Statnia ot be granted,
. . . ....... . ........... . . __I
f (lie pa!
1 Thc Iq�,2CMI:_iCc -cel is consistent witli an arm's letiggh tran��qq�lolv
�4�,Lp - LIK9L
TliP Owner%j" pias L tju- —hase the pro -e -t
Re
4. At the time Of PUrebase- there was some existing deed. record or survey showing
IT
..................
the subiect parcel as a separate lot: and
5. The parcel had a separate tax ID parcel number prior to the purchase of the
property by the qpplicant.
B. The innocent Durchaser status may be approved subiect to condi(ions Of anDroval
reogiring the appficatit to make itn')rovernetits to the p o ert
v that likellaave
been required by the city
bad theµocrt been rpqerly sL . _�&,,unless it is
determined that such improvements have already been constructed.
- a A " , oatuj� 1311"Al tAl
C Aii nffjrrnatjV- of j"no lot of --o-A" a+- A-11 1—
I — W, — cetit lv�
recorded with the county auditor.
Section 4. Ari endment to Section 20.01.003 Permit type and decision framework.
Section 20.01.003 of the Edmonds Community Development Code, entitled "Permit type and
decision framework," is hereby amended to read as follows (new text is shown in underline):
Page 4 of 8
20.01.003 Permit type and decision framework.
A. Permit
Types.
TYPE I
TYPE II
TYPE III -A
TYPE III -B
TYPE IV -A
TYPE IV -B
TYPE V
Zoning compliance
Accessory
Outdoor dining
Essential public
Final formal plats
Site specific
Development
letter
dwelling unit
facilities
rezone
agreements
Lot line adjustment
Formal
Technological
Design review
Final planned
Zoning text
interpretation of
impracticality
(where public
residential
amendment; area -
the text of the
waiver for amateur
hearing by
development
wide zoning map
ECDC by the
radio antennas
architectural
amendments
director
design board is
required)
..... _.....
Critical area
........
SEPA
Shoreline
Comprehensive
determinations
determinations
substantial
plan amendments
development,
shoreline
conditional use,
shoreline variance
Shoreline
Preliminary short
Conditional use
Annexations
Exemptions
plat
permits (where
public hearing by
hearing examiner
is required)
Minor amendments
Land
Variances
Development
to planned
clearing/grading
regulations
residential
development
Minor preliminary
Revisions to
Home occupation
plat amendment
shoreline
I permit (where
management
public hearing by
permits
hearing examiner
is required)
Staff design
Administrative _
Preliminary formal
review, including
variances
plat
signs
Final short plat
Land use permit
Preliminary
extension requests
planned residential
development
Sales office/model
Guest house
(ECDC 17.70.005)
Innocent Purchaser
Determination
Page 5 of 8
B. Decision Table.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
r1Pl')1.:I):
MAYOR DAVID O. EARLING l
ATTEST/AUTHENTICATED :
CI' IL,ERK, SC')`I l SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Page 6 of 8
PROCEDURE
FOR DEVELOPMENT
PROJECT
PERMIT APPLICATIONS
(TYPE
I — IV)
LEGISLATIVE
TYPE I
TYPE II
TYPE III -A
TYPE III -B
TYPE IV -A
TYPE IV -B
TYPE V
Recommendation
N/A
N/A
N/A
N/A
N/A
Planning board
Planning board
by:
Final decision by:
Director
Director
Hearing
Hearing
City council
City council
City council
examiner
examiner/ADB
Notice of
No
m
Yes
Yes
w
Yes
Yes
Yes
No
application:
Open record
No
Only if
Yes, before
Yes, before
No
Yes, before
Yes, before
public hearing or
appealed, open
hearing
hearing
planning board
planning board
open record
record hearing
examiner to
examiner or
which makes
which makes
appeal of a final
before hearing
render final
board to render
recommendation
recommendation
decision:
examiner
decision
final decision
to council
to council or
council could
hold its own
hearing
Closed record
No
No
No
Yes, before the
No
Yes, before the
review:
council
council
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
r1Pl')1.:I):
MAYOR DAVID O. EARLING l
ATTEST/AUTHENTICATED :
CI' IL,ERK, SC')`I l SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Page 6 of 8
BY ..
JEFFREY B. TA[ADAY, CITY ATTORNEY
FILED WITH THE CITY CLERK: November 14, 2014
PASSED BY THE CITY COUNCIL: November 18, 2014
PUBLISHED: November 23, 2014
EFFECTIVE DATE: November 28, 2014
ORDINANCE NO. 3982
Page 7 of 8
SUMMARY OF ORDINANCE NO. 3982
of the City of Edmonds, Washington
On the 18th day of November, 2014, the City Council of the City of Edmonds, passed
Ordinance No. 3982. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
MODIFY THE DEFINTION OF "LOT" (ECDC
21.55.010), DEFINING "LOT OF RECORD" (ECDC
21.55.015) AND ESTABLISHING A PROCESS FOR
DETERMINING "INNOCENT PURCHASER" (ECDC
20.75.180 AND 20.01.003).
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of November, 2014.
.C1'1R1, S'TT PA...�
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