10.50.013B Exemptions.
The provisions of this title shall not apply to divisions and activities described in RCW 58.17.040; provided, that in order to determine whether a proposed boundary line adjustment meets the requirements for an exempt action, approval must be received from the administrator:
(1) Cemeteries and other burial plots while used for that purpose.
(2) Division of land into parcels in which the smallest parcel created by the division is forty acres in area or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided, that for the purpose of computing the size of any lot under this item 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) Division made by testamentary provisions, or the laws of descent.
(4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the property in accordance with the provisions of this title and a binding site plan for the use of the property has been filed for record with the Yakima County auditor.
(5) A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose:
(A) Administrative segregations in the Yakima County assessor's office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes.
(B) Annexations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing them.
(C) Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area, by public bodies for the purpose of future use as public highways or public utility ways.
(D) The sale or lease of a condominium unit subject to the provisions of Washington State Horizontal Property Regimes Act (Chapter 64.32 RCW).
(6) Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted to the planning department on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council.
(A) Requirements for a Complete Application. An applicant for a boundary line adjustment shall submit the following:
(i) A scale drawing depicting the existing property configuration, including all lot line dimensions.
(ii) A scale drawing depicting the proposed property configuration, including all lot line dimensions, and any existing structures or on-site improvements.
(iii) A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional engineer or professional land surveyor.
(B) Criteria for Approval. The administrator shall approve an application for a boundary line adjustment if:
(i) No additional lot, tract, parcel, site or division will be created by the proposed adjustment;
(ii) No lot is created or modified which contains insufficient area or dimensions to meet the minimum requirements of the zone in which the affected lots are situated;
(iii) No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose;
(iv) The boundary line adjustment is consistent with the applicable provisions of this title; and
(v) The boundary line adjustment does not create a lot or lots of split zoning unless:
a. The underlying future land use designation of the subject parcels is the same; or
b. The area is proposed to be legislatively rezoned in the future to the same zoning district.
(7) Division of land into lots or tracts classified for industrial or commercial use, or for placement of a mobile home or division for condominiums pursuant to Section 10.50.014 when the city has approved a binding site plan. When the 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 Yakima County auditor's office.
(8) A division for the purpose of leasing land for facilities providing personal wireless services. "Personal wireless services" means any federally licensed personal wireless service. Applicable facilities include those which are unstaffed and used for the transmission, reception, or both of wireless communication services including, but not limited to: antenna arrays, transmission cables, equipment shelters, and support structures providing personal wireless services while used for that purpose.
(9) A division of land into lots of three acres or less that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction or operation of consumer-owned or investor-owned unstaffed electric utility facilities. Such facilities include those that will be used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity, including, but not limited to, electric power substations. (Ord. 2173, § 2 (Exh. A), 2022.)