County to Review Legacy Lot Aggregation Reasonable Measure

What are Legacy Lots?

Building lots platted before modern zoning codes are called “legacy lots,” and Kitsap County contains clusters of such lots in Manchester, Indianola, Illahee and other communities. Many of the tiny lots were platted in 1909 and sold as camping lots during the Alaska Yukon Pacific Exposition.

What are Reasonable Measures?

Kitsap County is addressing the rural Legacy lot aggregation issue as part of their discussions on the Comprehensive Plan Update. The county is required to annually review their progress towards their goal: “The current target is focused on directing 76 percent of growth into the Urban Growth Areas and the remaining 24 percent into the rural areas. Once the 76 percent target is reached, it is reset to 84 to 16 Urban Growth Area to rural respectively.”

If adequate progress has not been made towards this goal then the must adopt “reasonable measures” to achieve their goal. 

One of their Reasonable Measures is Lot Aggretion of Rural Legacy lots.

County Commissioners resolution regarding further assessment of additional Reasonable Measures 

Restrictions on the Development of Substandard Rural Legacy Lots. Kitsap County will continue to collect and evaluate data concerning the development of pre-GMA substandard lots in the rural areas. This information shall be used to develop a definition of “legacy lot” and the consideration of additional reasonable measures to address the rural inconsistencies in accordance with Washington and federal law.

Restrictions on the Development of Substandard Rural Legacy Lots. Kitsap County will continue to collect and evaluate data concerning the development of pre-GMA substandard lots in the rural areas. This information shall be used to develop a definition of “legacy lot” and the consideration of additional reasonable measures to address the rural inconsistencies in accordance with Washington and federal law.

shall be considered for adoption no later than June 30, 2017, after a thorough public process for review and public comment.

Reasonable Measures Adopted Version

Reasonable Measures Comparison  Matrix

Current Reasonable Measure

Recognition of Rural Legacy Lots
Footnote 39
(Reserved)

Proposed Reasonable Measure (dropped from the final Comp Plan)
Recognition of Rural Legacy Lots
KCC 17.382.110 (39)

  1. Unless otherwise stated in this title, if a lot of record which was legally created after July 1, 1974, is smaller in total square footage than that required within the zone, or if the dimensions of the lot are less than that required within the zone (substandard lot), said lot may be occupied by any use allowed within that zone subject to all other requirements of the zone. For substandard lots that were created prior to July 1, 1974 that do not meet the minimum dimensions required for the zone, they may be considered for development permits if they meet one or more of the following exceptions: (a) a lot upon which there is, or was, a legally placed residence; or (b) there have been specific development investments in the lot prior to the enactment of this ordinance, including, an approved water or sewer connection, participation in a local improvement district, or (c) a vested development permit. An owner of contiguous substandard lots may choose to aggregate (combine) the lots in order to meet these requirements.

Previous Adopted Ordinance Title 17 Footnote

  1. Unless otherwise stated in this title, if a lot of record which was legally created as of May 10, 1999, is smaller in total square footage than that required within the zone, or if the dimensions of the lot are less than that required within the zone, said lot may be occupied by any use allowed within that zone subject to all other requirements of the zone. Unless specifically stated within this title, where two or more contiguous lots which are nonconforming to the lot size or dimensions of the zone and are held in common ownership, said lots shall be considered separate legal nonconforming lots and each may be occupied by any use permitted within the zone subject to all other requirements of the zone. If a lot of record was lawfully occupied by two or more single-family residences (excluding accessory dwellings) as of May 10, 1999, the owner of such a lot may apply for a short plat approval in order to permit the segregated sale of such residences, even though some or all of the resulting new lots will have lot areas or dimensions less than required for the zone in which they are located. All other provisions of the Short Subdivisions Ordinance (Chapter 16.48 of this code) shall apply to the application.

 

 

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One response to “County to Review Legacy Lot Aggregation Reasonable Measure

  1. Pingback: Lot Aggregation Case at the Supreme Court | Kitsap Alliance of Property Owners

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