H-251 _______________________________________________
HOUSE BILL NO. 19
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By Representatives Madsen, Tanner, Lundquist and Fisher
Read first time 1/15/85 and referred to Committee on Local Government.
AN ACT Relating to the division of land; and amending RCW 58.17.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 121, Laws of 1983 and RCW 58.17.040 are each amended to read as follows:
The provisions of this chapter 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 of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(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 governing body of the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations: PROVIDED, That when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the county auditor's office on each lot, parcel, or tract created pursuant to the binding site plan: PROVIDED FURTHER, That the binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract: AND PROVIDED FURTHER, That sale or transfer of such a lot, parcel, or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the governing body of the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(6) A
division made for the purpose of adjusting boundary lines 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))
(7) A division which is made by subjecting a portion of a parcel or tract of land to chapter 64.32 RCW if a city, town, or county has approved a binding site plan for all of such land; and
(8) A division of land into two lots under the following circumstances:
(a) The record owner of the land for at least ten years is a natural person, Washington state resident, and fifty-five years or older; but where the land is held as community property, only one spouse need conform with this requirement;
(b) The two lots that are created conform with all applicable zoning and health regulations;
(c) One of the lots will be used exclusively for the detached single-family residential use by the landowner;
(d) The lot on which the landowner lives or which is designated as the lot where the landowner plans to build or locate his or her detached single-family residence may not be sold, further divided, nor have structures constructed or located on it other than one detached, single-family residence and related out buildings for five years without the filing of a final plat;