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This chapter shall regulate all divisions and redivisions of all real property within the city of Monroe, except as provided in subsection (C) of this section and RCW 58.17.040.

A. Compliance. All divisions or redivisions of land into lots, tracts, parcels, sites or division for the purpose of sale, lease, or transfer of ownership shall comply with the provisions of state law and the Monroe Municipal Code. All property under common ownership must be subdivided in accordance with the requirements of this chapter prior to sale, lease, or transfer of ownership; provided, however, that divisions of property pursuant to subsection (C) of this section, exceptions, and “lots of record,” as defined under Chapter 22.12 MMC, may be sold, leased or transferred without further compliance with this title.

B. Contiguous Land. All contiguous land shall be included in a short subdivision application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this section.

C. Exceptions. Land conveyed or leased through an exception has not necessarily been reviewed by the city of Monroe for development potential. The provisions of this chapter shall not apply to:

1. Cemeteries. Cemeteries and other burial plots, while used for that purpose;

2. Testamentary Divisions. Divisions made by testamentary provisions, or the laws of descent; provided, that there can be only one lot per heir or devisee. A map of the division must be recorded with the recording division of the Snohomish County auditor’s office when each parcel is transferred. All beneficiaries to the property must sign the map. Lots created through such divisions are deemed legal notwithstanding minimum lot size or density requirements imposed through the Monroe Municipal Code. However, such lots and all land uses carried out on such lots are subject to all other standards and requirements of law;

3. Industrial and Commercial Site Plans. Division for sale or lease of commercial or industrially zoned property provided a binding site plan has been approved and recorded; such divisions shall comply with MMC 22.68.070, Binding site plans;

4. Mobile Home Parks. Divisions for purposes of lease when no residential structure other than mobile homes or travel trailers are permitted, provided a binding site plan has been approved and recorded; such divisions shall comply with MMC 22.68.070, Binding site plans;

5. Boundary Line Revisions. A revision made for the purpose of adjusting boundary lines between legal lots of record shall comply with MMC 22.68.060, Boundary line revisions;

6. Condominiums. A division made under the provisions of the Horizontal Properties Regimes Act, Condominiums (Chapter 64.32 RCW), provided a binding site plan has been approved; or

7. Right-of-Way Acquisition and Condemnation.

a. A division of land relating to the acquisition or exchange of land by public agencies, for public use except human occupancy, including, but not limited to, subdivisions made for road construction purposes;

b. A division of land for the sole use of the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines, or other utility facilities of a similar or related nature; or

c. Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing an affidavit so stating with the recording division of the Snohomish County auditor’s office.

D. Legal Lot of Record. A lot is considered a lot of record if it complies with MMC 22.40.040, Preexisting legal lots of record. Even though a lot may be deemed legal, development on said lot shall be subject to all applicable regulations of the Monroe Municipal Code. (Ord. 005/2019 § 10 (Exh. B))