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Title 17G Administration and Procedures

Chapter 17G.080 Subdivisions

Section 17G.080.065 Alternative Residential Subdivisions
  1. Purpose.
    The purpose of these provisions is to allow for the creation of lots for alternative residential development as described in SMC 17C.110.300, including attached housing, cottage housing, and similar developments with multiple dwelling units on a parent site, while applying only those site development standards applicable to the parent site as a whole, rather than to individual lots resulting from the subdivision.

  2. Applicability.
    The types of existing development that may use the alternative residential subdivision are:

    1. Cottage housing projects approved under SMC 17C.110.350;

    2. Housing developed under SMC 17C.110.360 Pocket Residential Development; or

    3. A similar existing development that consists of multiple dwelling units on a single parcel or site provided that such existing structures shall comply with applicable building and fire code.

  3. Application Procedure.
    Alternative residential subdivisions of nine or fewer lots shall be processed as short plats and all others shall be processed as subdivisions according to the associated permit types in SMC chapter 17G.060.

  4. General Regulations.

    1. An alternative residential subdivision shall meet development standards applicable to the underlying site development plan approval, if any, the basic development standards and design standards of SMC 17C.110.350 Cottage Housing or SMC 17C.110.360 Pocket Residential Development, and the provisions of this section. As a result of the alternative residential subdivision, development on individual lots may be nonconforming as to some or all of the development standards based on analysis of the individual lot. So long as the parent site meets the criteria of the underlying site development plan or the dwelling units are already in existence, each lot will be deemed to be in conformance. If existing dwelling units do not comply with development standards (i.e.: minimum building setbacks, maximum density, etc.), a lot may be created for each existing dwelling unit. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site;

    2. Alternative residential subdivisions shall be subject to all applicable requirements of Title 17 SMC, except as otherwise modified by this section;

    3. Each lot’s area and width for purposes of subdivision may be as small as the footprint of the individual dwelling unit;

    4. Portions of the parent site not subdivided for individual lots shall be owned in common by the owners of the individual lots, or by a homeowners association comprised of the owners of the individual lots located within the parent site. A homeowners’ association is required to be created for the maintenance of any shared required outdoor area or other open space, shared parking areas, and other common use areas, buildings, and utilities within the development. This requirement shall be included in deed restrictions as required in paragraph 7;

    5. Maximum building coverage of the aggregate buildings located upon the parent site shall not exceed the maximum building coverage permitted by the underlying zone;

    6. Except for existing nonconforming development, building setbacks shall be as required for the zone as applied to the underlying parent site as a whole. There shall be no setback required from individual lot lines which are interior to the perimeter of the parent site; provided, however, that any structure located upon a lot created hereunder shall comply with the setbacks applicable to the underlying site development plan;

    7. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking and vehicle access areas; on-site recreation; landscaping; utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the county auditor’s office. Separation requirements for utilities must be met. Each alternative residential subdivision shall make adequate provisions for ingress, egress and utilities access to and from each lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan;

    8. Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

      1. Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent site by the site development plan approval (stating the subject project file number if applicable);

      2. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan;

      3. If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan;

      4. Additional development of the individual lots may be limited as a result of the application of development standards to the parent site.

  5. Conflicts.
    Any conflicts between the provisions of this section and the text of other sections in the Unified Development Code shall be resolved in favor of the text of this section.

Date Passed: Monday, January 29, 2018

Effective Date: Thursday, March 8, 2018

ORD C35575 Section 14

Section 17G.080.065 Alternative Residential Subdivisions
  1. Purpose.

The purpose of these provisions is to allow for the creation of lots for alternative residential development as described in SMC 17C.110.300, including attached housing, cottage housing, and similar developments with multiple dwelling units on a parent site, while applying only those site development standards applicable to the parent site as a whole, rather than to individual lots resulting from the subdivision.

  1. Applicability.

The types of development that may use the alternative residential subdivision are:

    1. Cottage housing projects approved under SMC 17C.110.350;
    1. Housing developed under SMC 17C.110.360 Pocket Residential Development; or
    1. A similar existing development that consists of multiple dwelling units on a single parcel or site, provided that such existing structures shall comply with applicable building and fire code.
  1. Application Procedure.

Alternative residential subdivisions of nine or fewer lots shall be processed as short plats and all others shall be processed as subdivisions according to the associated permit types in SMC chapter 17G.060.

  1. General Regulations.
    1. An alternative residential subdivision shall meet development standards applicable to the underlying site development plan approval, if any, the basic development standards and design standards of SMC 17C.110.350 Cottage Housing, SMC 17C.110.360 Pocket Residential Development, or design standards of SMC 17C.110.400 through 17C.110.465 for attached housing in RMF and RHD zones, and the provisions of this section. As a result of the alternative residential subdivision, development on individual lots may be nonconforming as to some or all of the development standards based on analysis of the individual lot. So long as the parent site meets the criteria of the underlying site development plan or the dwelling units are already in existence, each lot will be deemed to be in conformance. If existing dwelling units do not comply with development standards (i.e.: minimum building setbacks, maximum density, etc.), a lot may be created for each existing dwelling unit. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site;
    1. Alternative residential subdivisions shall be subject to all applicable requirements of Title 17 SMC, except as otherwise modified by this section;
    1. Each lot’s area and width for purposes of subdivision may be as small as the footprint of the individual dwelling unit;
    1. Portions of the parent site not subdivided for individual lots shall be owned in common by the owners of the individual lots, or by a homeowners association comprised of the owners of the individual lots located within the parent site. This requirement shall be included in deed restrictions as required in paragraph 7;
    1. Maximum building coverage of the aggregate buildings located upon the parent site shall not exceed the maximum building coverage permitted by the underlying zone;
    1. Except for existing nonconforming development, building setbacks shall be as required for the zone as applied to the underlying parent site as a whole. There shall be no setback required from individual lot lines which are interior to the perimeter of the parent site; provided, however, that any structure located upon a lot created hereunder shall comply with the setbacks applicable to the underlying site development plan;
    1. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking and vehicle access areas; on-site recreation; landscaping; utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the county auditor’s office. Separation requirements for utilities must be met.  Each alternative residential subdivision shall make adequate provisions for ingress, egress and utilities access to and from each lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan.
    1. Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:
      1. Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent site by the site development plan approval (stating the subject project file number if applicable);
      1. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan;
      1. If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan;
      1. Additional development of the individual lots may be limited as a result of the application of development standards to the parent site.
  1. Conflicts.

Any conflicts between the provisions of this section and the text of other sections in the Unified Development Code shall be resolved in favor of the text of this section.

Date Passed: Monday, January 14, 2019

Effective Date: Wednesday, February 27, 2019

ORD C35732 Section 1