Ordinance 1327-87 - Laserfiche WebLink

IS HEREBY AMENDED TO READ AS FOLLOWS: B. Tax Segregated Lots 1. Tax lots created through the tax segregation process, Chapter 84.56. R.C.W., are not recognized as lots for the purpose of the City Subdivision Ordinance and Zoning Code unless they have been formally divided pursuant to the requirements of Chapter 58. 17 R.C.W. and applicable City ordinance. if the lots have not been formally divided pursuant to the requirements of Chapter 58. 17 R.C.W. and applicable City Ordinances, then they must be subdivided or short subdivided in accordance with the requirements of this Ordinance; provided, however, lots which have been created solely through the tax segregation process shall not be required to be divided in accordance with the requirements of Chapter 58. 17 R.C.W. and this Ordinance if they meet the following requirements: a. The lots were created by the tax segregation process defined in Chapter 84.56 R.C.W. prior to November 2, 1975; and the lots meet all zoning regulations in effect at the time they were created. b. In the event the subject property has been annexed into the City, the property must meet County zoning regulations as of the time of annexation. 2. If a tax segregated lot was created prior to November 2, 1975, and does not meet the zoning requirements set forth in Section 6.B. 1 . , an application for a variation as set forth in Section 6 (A) may be made to the Hearing Examiner. When considering the variation, the Hearing Examiner may consider as an "exceptional circumstance or condition" for purposes of Section 6.A.4.a., when appropriate for the subject property, whether building permit(s) were issued by the City and whether the information provided by the applicant when applying for said building permit(s) was complete and accurate. In granting a modification/variation, the Hearing Examiner may impose as a condition of approval, any conditions which the Hearing Examiner determines to be necessary for the health, safety and welfare of the general public. Section 3: Section 5 (C) (2) of Ordinance 1119-85 (E.M.C. 18.24.050) , which reads as follows: 2. Divisions of Land with Existing Structures: When divisions or redivision of land are submitted proposing the creation of new lots with existing structures, the existing structures shall comply with all zoning code requirements including such things as setbacks, parking requirements, and height standards, provided, however, if the structures are nonconforming nothing shall prohibit the division of such land, as long as the division does not make the structures more nonconforming. -4-