17.08.100 Unauthorized divisions of land.
A. The purpose of this section is to establish when applications may be submitted for certain divisions of land that occurred prior to October 20, 2023, that were not in accordance with state or local laws so that the land can be further subdivided under this title. The intent is to allow innocent purchasers of illegally created parcels of land to remedy past violations to the extent practicable and to allow the land to be marketable and developable.
B. Notwithstanding the penalties and remedies provided for in this title, a parcel of land that was not established by plat or other lawful division of land and that is shown in the district recorder’s office records on or before October 20, 2023, may be considered a lot that may be subdivided pursuant to this title if:
1. The division of land occurred prior to October 20, 2023;
2. The parcel is not in common ownership with an adjoining parcel or tract of land such that it could be lawfully subdivided under this title;
3. No Category A or B trails on the adopted comprehensive recreational trail plan pass through the last legally created parcel from which it was divided unless they were previously dedicated or the division of land occurred prior to November 1, 1985;
4. No road corridors identified on the adopted comprehensive road plan pass through the last legally created parcel from which it was divided unless they were previously dedicated or the division of land occurred prior to July 12, 1991; and
5. The owner of the parcel to be divided submits an affidavit verifying that they did not cause, have knowledge of, or profit from, directly or indirectly, the unauthorized division of the land and that the authorization under this section does not prevent, restrict, or in any way limit any penalty or enforcement right against a person who subdivided land in violation of this title.
C. A subdivision application for the division of a parcel authorized under this section shall follow the procedure for approval of a major plat. In addition to the plat requirements in this title, the following requirements must be met:
1. The boundary of the last legally created parcel from which the tract was created (known as the parent parcel) shall be shown on the plat with a plat note stating how the parcel was created;
2. Other existing parcels within the parent parcel shall be shown on the plat and labeled “not part of this subdivision” if the parcels are not included in the application;
3. The controlling exterior corners of the parent parcel shall be shown and noted on the plat; if a monument of record does not exist for an exterior corner of the parent parcel, the plat shall reflect a boundary survey and tie to a monument of record which is a controlling corner of the parent parcel; and
4. Legal access must be provided to the parent parcel remainder tract(s). (Ord. 2023-57 § 2, 2023.)