19.06.080 Land divisions—Exceptions to minimum lot area, width, depth, frontage and lot coverage.
Using the land division process in this title (Chapters 19.24 through 19.27 EMC), certain types of applications may be granted an exception to the lot standards in this chapter. The criteria for an exception depend on the type of land division proposed, as follows:
A. Binding Site Plans Involving Nonresidential Uses (or in Commercial or Industrial Zones). Lots created through a binding site plan are not required to comply with minimum requirements for lot area, width, depth or frontage. Other zoning standards for open space and building perimeter landscaping, when required, shall not be reduced under this exception and shall be based on the size of the originating parcel.
B. Unit Lot Developments Involving a Division of Land—Applicable to Single-Family Detached Uses.
1. Lots created through a unit lot land division process, including short subdivision, subdivision, or cottage housing, may be granted an exception from the following requirements of this chapter:
a. Lot area; provided the overall density of the project complies with the underlying zoning requirements (this chapter) and Chapter 19.08 EMC.
b. Lot width;
c. Lot depth;
d. Interior side building setbacks, including zero lot line; provided, that building construction shall comply with all building and fire code requirements. Setback reductions along the exterior boundary of the parent lot may not be granted;
e. Lot frontage;
f. Lot coverage; and
2. Evaluation Criteria for Modification of Development Standards.
a. The director determines through review of a site plan the proposed project design will provide adequate building sites, open space, parking and building setbacks;
b. The proposed unit design complies with the requirements of EMC 19.08.020, small lot single-family development.
C. Subdivisions and Short Subdivisions—Lot Depth. Subdivisions and short subdivisions may request (REV II) a reduction in lot depth. Such a reduction shall be limited to the following:
1. When the originating parcel meets the lot frontage and lot width standards of this chapter;
2. Exceptions that would allow any lot to be less than seventy feet shall not be granted;
3. The lot or lots shall meet all other requirements of this chapter and shall provide a suitable building site, setbacks and off-street parking.
D. Division of Land with More Than One Existing Single-Family Dwelling on One Lot. An exception to the lot area, lot width, lot depth and setback standards may be granted (REV II) subject to the following minimum standards:
1. The existing structures shall be single-family dwellings in a single-family zone;
2. All lots and existing structures shall meet minimum fire safety and public utility standards, and minimum maintenance standards as defined by the city;
3. All lots and existing structures shall provide for adequate off-street parking. When existing parking is nonconforming, the division of land shall not result in off-street parking becoming more nonconforming; and
4. All lots must have full frontage on a public street. The use of easement access, panhandle lot or alley frontage is not permitted.
E. Dedication of Public Right-of-Way. If a proposed land division requires a dedication of right-of-way for an existing public street, one hundred percent of the dedicated area may be credited toward meeting the minimum lot area of the proposed project. The applicant may be required to distribute the credit evenly among all of the lots, rather than to apply all credit toward one lot. The planning director shall have the authority to modify lot area, dimensional requirements and setbacks in applying this requirement through the land division process. For single-family lots, no individual lot shall contain less than four thousand five hundred square feet after the dedication, excluding access easements.
F. Transfer of Development Rights (TDR). Reductions in minimum lot size, lot width and lot depth may be granted as part of a TDR in accordance with Chapter 19.37 EMC. (Ord. 3774-20 § 5(F) (Exh. 3), 2020.)