15.01.040 Specific exemptions.
The subdivision and short subdivision provisions of this title shall not apply to the following:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is forty acres or larger provided each lot created has legal access, and connectivity is provided to adjacent land pursuant to road grid requirements, or provision has otherwise been satisfied for future development and surrounding connectivity; provided further, that division of any amount of land zoned for nonresidential use shall either be accomplished through a plat, a short plat, or the binding site plan regulations pursuant to subsection F of this section and Chapter 15.06 LMC;
C. Divisions made by testamentary provisions or the laws of descent. In order to be buildable, lots formed in this fashion must meet the requirements of all other ordinances including access, lot size, etc., in effect at the time of probate;
D. A division for the purpose of lease when no residential structure other than manufactured homes (mobile homes) or travel trailers are permitted to be placed on the land and the land is to be developed as a manufactured or mobile home park or a recreational vehicle park; provided the city has approved a binding site plan pursuant to Chapter 15.06 LMC and approved pursuant to Chapter 16.84 LMC;
E. Contiguous Lots. The transfer of ownership of contiguous platted or unplatted lots if:
1. The lots were legally created after June 9, 1937, or
2. The lots transferred and remaining lots are developed; provided, that transfers pursuant to this subsection shall not be effective until the proponent is issued a certificate of compliance from the community and economic development department. A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria of this subsection;
F. Divisions of land into lots or tracts classified for industrial or commercial use, provided the city has approved a binding site plan for such division pursuant to Chapter 15.06 LMC;
G. Divisions of land into lots or tracts pursuant to RCW 57.17.040(7); condominiums when a binding site plan has been approved pursuant to Chapter 15.06 LMC and other provisions of this title;
H. Boundary Line Adjustments. An adjustment of boundary line(s) which does not create any additional lot, tract, parcel, site or division, nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site, and is approved pursuant to Chapter 15.04 LMC;
I. A division for the purpose of leasing land for facilities providing personal wireless services pursuant to RCW 58.17.040(8);
J. A division of land into lots or tracts of less than three acres for the purpose of providing sites for public and private electric utility facilities. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the city. This subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric facilities subject to the provisions of this subsection are planned and constructed; provided, any remaining lot or lots are consistent with applicable zoning and land use plans; provided further, the division shall be surveyed and recorded and a record of survey filed in accordance with Chapter 58.09 RCW;
K. Divisions of land due to condemnation or sale under threat thereof, by any agency or division of government vested with the power of condemnation. (Ord. 1520 §12, 2017; Ord. 1427 §2, 2013; Ord. 1369 §3, 2011; Ord. 1235 §1, 2, 2005).