The following may be processed as binding site plans under the provisions of this chapter:
(1) 
A division of land for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land; or
(2) 
A division of land into lots or tracts located within nonresidential zones as defined on the zoning map and its accompanying code; or
(3) 
A division of land into lots or tracts if the improvements constructed or to be constructed thereon will be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest.
(Ord. 1585 § 88, 2013)
The purpose of this chapter is to provide for the approval of such divisions as an alternative to the procedures established for subdivisions and short subdivisions.
(Ord. 1585 § 89, 2013)
(1) 
The owner of the subject property or the authorized agent(s) of the owner may apply for a binding site plan by submitting to the Planning, Building and Public Works Department the information specified in DMMC § 17.40.050, § 17.40.060, and 17.40.070.
(2) 
An application for a binding site plan creating four or fewer lots shall be reviewed and acted upon in accordance with the applicable provisions of chapter 17.05 DMMC. An application for a binding site plan creating more than four lots shall be reviewed and acted upon in accordance with the applicable provisions of chapter 17.10 DMMC.
(Ord. 1585 § 91, 2013)
A binding site plan shall be approved only if:
(1) 
It is consistent with the applicable provisions of the Comprehensive Plan, Zoning Code, Shoreline Master Program, and other City policies and regulations; and
(2) 
There are adequate provisions for open spaces, drainage ways, rights-of-way, sidewalks, and other planning features that assure safe walking conditions for pedestrians, including students who walk to and from school, easements, water supplies, sanitary waste, fire protection, power service, parks, playgrounds, and schools; and
(3) 
It will serve the public use and interest and is consistent with the public health, safety, and welfare; and
(4) 
It provides for coordinated future development of lots within the subject property and with adjoining properties or future development of adjoining properties including but not limited to shared access where appropriate.
(Ord. 1585 § 92, 2013)
Prior to approval of the final binding site plan, it shall be revised to accurately reflect all required improvements and conditions of preliminary approval, the final binding site plan shall include all applicable inscriptions deemed necessary, setting forth such appropriate limitations and conditions for the use of the land and shall include a statement that requires future development be in conformity with the plan.
(Ord. 1585 § 93, 2013)
(1) 
Prior to issuance of any building permit for construction within an approved binding site plan, that portion of the plan for which the building permit is requested shall be legally described and receive a certificate of segregation from the Planning, Building and Public Works Department. Such certificate shall insure the segregation and construction complements the approved binding site plan.
(2) 
Prior to the issuance of any building permit for construction within a binding site plan, all improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed, inspected, and accepted by the City, or in the alternative, a performance security has been deposited with the City in accordance with DMMC § 17.40.140.
(Ord. 1585 § 94, 2013)
The appeal of decisions concerning binding site plans shall be in accordance with the applicable chapter identified in DMMC § 17.30.050(2).
(Ord. 1585 § 95, 2013)