ORD 2001-08 SUBDIVISION REQUIREMENT EXCEPTIONS ORDINANCE NO. 2001 - 08
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to exemptions from subdivision requirements; amending
Sections 17.04.030, 17.12.030, and 17.16.030 of the Bainbridge
Island Municipal Code.
WHEREAS, in Chapters 17.04, 17.12, and 17.16 of the Bainbridge Island Municipal
Code, the City has established requirements and procedures for subdivisions, short
subdivisions, and large lot subdivisions; and
wHEREAS, an exemption from each of the requirements listed above exists for
divisions of land caused by a condemnation or in lieu of condemnation; and
WHEREAS, the City Council wishes to clarifY that any transfer of land to a
governmental agency, for certain public purposes, shall be exempt from subdivision, short
subdivision, and large lot subdivision requirements; now therefore,
THE CITY cOUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ Section 17.04.030 of the Bainbridge Island Municipal Code is amended
to read as follows:
17.04.030 Exclusions.
This chapter shall not apply to:
Cemeteries and other burial plots while used for that purpose;
A. tamentary provisions, or the laws of descent;
13 Divisions made by tes .... ~orts classified for industrial° or
Divisions of land in.to lots t~ ~"~.a~ site ~lan for the use or the
cC~mmerc~al use when the city nas approvea a
land in accordance with city ordinance;
D. A division for the purpose of lease when no residential structure other
than mobile homes or travel trailers is permitted to be placed upon the land
when the city has approved a binding site plan for the use of the land in
accordance with city ordinance;
E. A division made pursuant to Chapter 17.20 BIMC relating to boundary
line adjustments, between platted or unplatted lots or both, 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;
F. Divisions of land into lots or tracts if:
constructed or to be constructed thereon will
1. The improvements ~---iniums or are owned by an
be included in one or more conaom
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-1-
association or other legal entity in which the owners of units therein or
their owners' associations have a membership or other legal beneficial
interest;
2. The city has approved a binding site plan for all such land; and
3. The binding site plan contains thereon the following statement:
"All development of the land described herein shall be in accordance
with the binding site plan, as it may be amended. Upon completion, the
improvements on the land shall be included in one or more
condominiums or owned by an association or other legal entity in which
the owners of units herein or their owners' associations have a
membership or other legal or beneficial interest"; and
G. A division (D caused by condemnation or by acquisition by a
government entity in lieu of condemnation, or (2) otherwise resulting from a
transfer of land to a government entity for open space, park, public vehicular
access, public pedestrian access, utility, or right-of-way purposes, or to a
priyate utility regulated by the State Utilities and Transportation Commission for
utility improvement purposes.
Section 2. Section 17.12.030 of the Bainbridge Island Municipal Code is amended
to read as follows:
17.12.030 Exclusions.
This chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Divisions of land into lots or tracts classified for industrial or
commercial use when the city has approved a binding site plan for the use of the
land in accordance with city ordinance;
D. A division for the purpose of lease when no residential structure other
than mobile homes or travel trailers is permitted to be placed upon the land
when the city has approved a binding site plan for the use of the land in
accordance with city ordinance;
E. A division made pursuant to Chapter 17.20 BIMC relating to boundary
line adjustments, between platted or unp!atted lots or both, 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;
F. Divisions of land into lots or tracts if:
1. The improvements constructed or to be constructed thereon will
be included in one or more condominiums or are owned by an
association or other legal entity in which the owners of units therein or
their owners' associations have a membership or other legal beneficial
interest;
2. The city has approved a binding site plan for all such land; and
DOCS\94700\ 105\211954.01 05/24/01 -2-
3. The binding site plan contains thereon the following statement:
"All development of the land described herein shall be in accordance
with the binding site plan, as it may be amended. Upon completion, the
improvements on the land shall be included in one or more
condominiums or owned by an association or other legal entity in which
the owners of units herein or their owners' associations have a
membership or other legal or beneficial interest"; and
G. A division (1) caused by condemnation or by acquisition by a
government entity in lieu of condemnation, or (2) otherwise resulting from a
transfer of land to a government entity for open space, park, public vehicular
access, public pedestrian access, utility, or right-of-way purposes, or to a
private utility regulated by the State Utilities and Transportation Commission for
utility improvement purposes.
Section 3.
to read as follows:
Section 17.16.030 of the Bainbridge Island Municipal Code is amended
17.16.030 Exclusions,
This chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
C. Divisions of land into lots or tracts classified for industrial or
commercial use when the city has approved a binding site plan for the use of the
land in accordance with city ordinance;
D. A division for the purpose of lease when no residential structure other
than mobile homes or travel trailers is permitted to be placed upon the land
when the city has approved a binding site plan for the use of the land in
accordance with city ordinance;
E. A division made pursuant to Chapter 17.20 BIMC relating to boundary
line adjustments, between platted or unplatted lots or both, 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;
F. Divisions of land into lots or tracts if:
1. The improvements constructed or to be constructed thereon will
be included in one or more condominiums or are owned by an
association or other legal entity in which the owners of units therein or
their owners' associations have a membership or other legal beneficial
interest;
2. The city has approved a b!nding site plan for all such land; and
3. The binding site plan contains thereon the following statement:
"All development of the land described herein shall be in accordance
with the binding site plan, as it may be amended. Upon completion, the
improvements on the land shall be included in one or more
DOCS\94700\ 105\211954.01 05/24/01 -3-
condominiums or owned by an association or other legal entity in which
the owners of units herein or their owners' associations have a
membership or other legal or beneficial interest"; and
G. A division (I) caused by condemnation or by acquisition by a
government entity in lieu of condemnation, or (2) otherwise resulting from a
transfer of land to a government entity for open space, park, public vehicular
access, public pedestrian access, utility, or right-of-way purposes, or to a
private utility regulated by the State Utilities and Transportation Commission for
utility improvement purposes.
Section 4. This ordinance shall be effective five days after its passage, approval,
and publication as required by law.
PASSED by the City Council this 23~ day of May 2001.
APPROVED by the Mayor this 24~ day of May 2001.
ATTEST/AUTHENTICATE:
St(san P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
February 21, 2001
May23, 2001
May30, 2001
June 4, 2001
2001-24
DOCS\94700\ 105\2 11954.01 05/24/0I -4-