22.40.050 Nonconforming lots.
A. Legal Nonconforming Lots. Legal lots of record that do not meet the requirements set forth in this title are considered legal nonconforming lots.
1. Alterations. Legal nonconforming lots may be altered or changed, provided such change does not increase the degree of nonconformity.
2. Consolidation. Where two or more contiguous legal nonconforming lots of record are under common ownership and will result in legal lots in conformance with bulk requirements and critical area regulations, the owner shall consolidate the subject lots into one lot. An approved and recorded boundary line adjustment shall be required prior to issuance of any development permits.
3. Development. To be deemed buildable, a legal nonconforming lot shall meet all of the following requirements:
a. The lot must exceed a minimum gross area of three thousand square feet;
b. The lot must have a minimum width of thirty feet;
c. The property owner shall provide evidence to the city that establishes that the lot was:
i. Legally created, pursuant to MMC 22.40.040;
ii. Intended to be a building site at the time of its creation; and
iii. Is not is not subject to consolidation pursuant to subsection (A)(2) of this section.
4. Exemptions. A lot, tract, or parcel established in conformance with the requirements of RCW 58.17.040 shall be exempt from the provisions of this chapter.
B. Illegal Nonconforming Lots. A lot that was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of its creation is an illegal nonconforming lot and will not be recognized for development. (Ord. 005/2019 § 10 (Exh. B))