Chapter 16.04 GENERAL PROVISIONS

Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010 Applicability.

16.04.030 Administration.

16.04.040 Violation – Penalty.

16.04.010 Applicability.

Every subdivision of land within the unincorporated area of Kitsap County shall proceed in compliance with Chapters 16.04 through 16.44, which may be known and cited as the “Kitsap County Subdivision Ordinance.”

(Ord. 20 (1983) § 1, 1983)

16.04.020 Exemptions.

The provisions of Chapters 16.04 through 16.44 shall not apply to:

(1) Any cemetery or burial plot, while used for that purpose;

(2) Any division of land into lots or tracts occurring outside any urban growth area (UGA), each of which is one-thirty second of a section of land or larger, or twenty acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this section which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline;

(3) Any division of land made by testamentary provision, or the laws of descent;

(4) A division for the purpose of lease when no residential structure other than mobile homes are permitted to be placed upon the land, provided that the division is subject to:

(A) Binding site plan as provided for in the current Kitsap County Zoning Code codified in Chapter 16.56 of this code,

(B) Any other applicable provisions of the Kitsap County Zoning Code,

(D) Any provisions of Chapters 16.04 through 16.44 which the hearing examiner or board of county commissioners may require at the time of site plan review and approval;

(5) Divisions of land into lots or tracts classified for industrial or commercial use when the board of county commissioners has approved a binding site plan for the use of the land in accordance with local regulations; provided, that when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel or tract, the binding site plan shall be filed for record in the county auditor’s office on each lot, parcel or tract created pursuant to the binding site plan; provided further, that sale or transfer of such a lot, parcel or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of Chapters 16.04 through 16.44, and shall be restrained by injunctive action and be illegal as provided herein;

(6) A division made for the purpose of adjusting boundary lines 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.

(Ord. 311 (2003) [Attachment 7 (part)], 2003: Ord. 20 (1983) § 2, 1983)

16.04.030 Administration.

The director of the department of community development and the county engineer are vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the county, and may prepare and require the use of such forms as are essential to their administration.

(Ord. 20 (1983) § 4, 1983)

16.04.040 Violation – Penalty.

Any person, firm or corporation, or association, or any agent of any person, firm, corporation, or association who violates any provisions of Chapters 16.04 through 16.44 relating to the sale, offer for sale, lease, transfer of any lot, tract or parcel of land, is guilty of a misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of Chapters 16.04 through 16.44 shall be deemed a separate and distinct offense.

(Ord. 20 (1983) § 60, 1983)