23.08.050 Minimum lot size.
A. Minimum Lot Size. All new or reconfigured lots must meet the minimum size requirement specified in the applicable neighborhood subarea pursuant to the zoning tables in Chapter 20.00 BMC under the heading “Density” except in the following instances:
1. Lot Size Not Designated. When no minimum lot size in the subject area land use designation is specified, the lot size shall be determined by the applicant, subject to any other applicable codes or requirements and this title, including bulk and dimensional standards.
2. Lot Line Adjustments. Adjusted lots may be reduced below the required minimum site area to no less than the site area of the smallest nonconforming lot or as may be permitted by the lot area provisions of subsection (A)(6) of this section.
3. Cluster Subdivisions. Lots created in compliance with Chapter 23.16 BMC shall have a minimum lot size of 4,000 square feet for detached residential units and 2,000 square feet for attached residential units, unless specified otherwise in the applicable subarea of the zoning table or created under Chapter 20.28 BMC.
4. Infill Toolkit. Lots created in compliance with Chapter 20.28 BMC.
5. One and One-Half Rule and One and Three-Quarter Rule Provisions. The total area of the subdivision shall be evenly distributed between all lots. In cases where an existing structure or other physical feature (environmentally sensitive area, easement, etc.) makes even distribution of the lot area difficult, an exception to the even distribution may be made as determined by the director.
6. Lot Averaging. A lot that has sufficient land area to subdivide and meet density requirements as specified in the applicable subarea of the zoning table pursuant to Chapter 20.00 BMC may be subdivided to allow lots with less than the minimum lot size; provided, that no lot with a minimum lot size requirement greater than or equal to 10,000 square feet is created with less than 80 percent of the minimum lot size and all others are no less than 90 percent of the minimum lot size.
When the lot averaging provision is used, the final mylar document shall be inscribed with the following note:
NOTE: This short plat includes lots created utilizing the lot averaging provision (BMC 23.08.050(A)(6)). The site area of any lot in excess of the required minimum lot size shall not be used to increase the overall density of further divisions of land, unless consistent with existing zoning or as may be amended.
7. Nonconforming. A division of land that contains a nonconforming residential use may be allowed and shall not be considered an expansion, enlargement, or increase in intensity of the nonconformity and therefore not subject to Chapters 20.14 and 20.16 BMC, if all the following criteria applicable to each scenario below are met:
a. Sites nonconforming to density:
i. The site has been issued a nonconforming use certificate pursuant to Chapter 20.14 BMC;
ii. The division of land does not violate any terms or conditions of any land use decision issued for the nonconforming use;
iii. The division of land does not make any structure or use more nonconforming or less compliant with the BMC with the exception of site area;
iv. The areas of the created lots are as equal in size as possible;
v. Easements, as may be determined necessary for items including, but not limited to, parking, landscaping, and open space, shall be established concurrently with the recording of final mylars; and
vi. The proposal may not increase the underlying residential density permitted in the zone for the entire original parcel and the final mylar shall contain a statement stating the density of the proposal was based on the entire site and additional development on any lot requires further city review for compliance with zoning regulations.
b. Sites conforming to density:
i. The site has been issued a nonconforming use certificate pursuant to Chapter 20.14 BMC;
ii. The division of land does not violate any terms or conditions of any land use decision issued for the nonconforming use;
iii. The division of land does not make any structure or use more nonconforming or less compliant with the BMC;
iv. The area of each created lot contains sufficient site area to support the specified density in the application zoning subarea for the proposed number of units on an individual lot; and
v. Easements, as may be determined necessary for items such as, but not limited to, parking, landscaping, and open space, shall be established concurrently with the recording of final mylars.
c. The division of land containing a nonconforming use other than residential is subject to the provisions of this title and Chapters 20.14 and 20.16 BMC. [Ord. 2024-02-004 § 4; Ord. 2018-12-036 § 2 (Exh. A)].