Chapter 22G.095 UNIT LOT SUBDIVISIONS

The provisions of this chapter apply exclusively to the subdivision of land for middle housing, cottage housing, townhouses, accessory dwelling units, and multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use. These regulations ensure that development on individual unit lots need not conform to minimum lot area or dimensional standards, provided the overall development of the parent lot meets applicable standards.

A unit lot subdivision is permitted in all residential zones and in the mixed use zone.

The terms "parent lot" and "unit lot" are defined in MMC § 22A.020.130 (see "Lot, parent" and "Lot, unit"), and "unit lot subdivision" is defined in MMC § 22A.020.220.

A unit lot subdivision creates a relationship between the parent lot and two or more unit lots created.

(5)

A unit lot subdivision may be used for any development with two or more dwelling units on a parent lot that meets the standards of this chapter.

(6)

A unit lot subdivision may be combined with a subdivision or short subdivision so long as the portion of the development utilizing this chapter meets the requirements of this chapter.

(7)

Existing developments which meet or can be brought into conformance with the requirements of this chapter may apply for a unit lot subdivision under the conditions of this chapter.

(8)

Subdivisions with a commercial or other nonresidential use must be approved through a binding site plan under Chapter 22G.100 MMC.

(Ord. 3350 § 4 (Exh. A), 2025; Ord. 3368 § 1 (Exh. A), 2025)

§ 22G.095.030 General requirements.

Unit lots are subject to all applicable requirements of MMC Title 22, Unified Development Code, except as modified by this chapter.

Development on individual unit lots need not conform to minimum lot area, density, lot frontage, or dimensional requirements; provided, that development on the parent lot must conform to these requirements.

All buildings shall meet all applicable provisions set forth in MMC Titles 9, Fire, and 16, Building.

Access for the unit lot subdivision shall be provided as follows:

Unit lot subdivisions creating nine or fewer unit lots may be served via a private multifamily drive aisle, alley, or private road;

Unit lot subdivisions creating 10 to 30 unit lots may be served via a private multifamily drive aisle, alley, or PRD access street;

Unit lot subdivisions creating 31 unit lots or more may be served via a private multifamily drive aisle or a PRD access street with parking. If a PRD access street with parking is provided, the on-street parking requirement may be eliminated when replaced with common off-street parking area(s) providing a minimum of one off-street guest parking space for every four dwelling units;

(d)

Projects proposing a single-family detached development, or a development with duplexes in excess of 20 percent of the total dwelling units for the overall project, shall not be permitted to use a private multifamily drive aisle for access. Projects containing duplexes that access off of a multifamily drive aisle shall be required to install fire sprinklers in the duplexes;

(e)

Public roads shall be built when the city engineer or designee determines that:

(i)

A through-connection is needed to connect existing or future public streets, or implement city plans or standards;

(ii)

Access is needed to serve landlocked property;

(iii)

The connection is necessary to ensure adequate emergency service connectivity; or

(iv)

A public road is needed for another compelling engineering reason;

(f)

When a public road is provided, sidewalks shall be located on both sides of the road. When a private multifamily drive aisle is provided, and buildings are located, or in the future could be located, on both sides of a drive aisle, sidewalks must be provided on both sides. Where buildings are located on only one side of a drive aisle, the sidewalk must be located on the side of the drive aisle that the buildings are located on. Exception: When a drive aisle is constructed along a common property line and no buildings are currently proposed on that side of the drive aisle, the requirement for the sidewalk on that side of the drive aisle may be waived; provided, that reciprocal easements are granted to the adjacent property owner enabling access to and future construction of the sidewalk;

(g)

When access is provided via a private multifamily drive aisle, covenants and restrictions shall be prepared ensuring that fire access is maintained and that parking does not occur on the drive aisle. The covenants shall include enforcement and maintenance provisions, and must clearly indicate that it is the obligation of the homeowners' association or lot owners within the development to tow vehicles or other objects violating access parking restrictions. The access shall be properly signed and/or marked to indicate that the access is private and the unit lot subdivision map and other title documents, as appropriate, shall clearly indicate that the access is private;

(h)

The minimum allowable inside vehicle turning radius in parking and drive aisles shall be 20 feet unless fire or solid waste apparatus access is necessary, in which case the minimum inside radius shall be 30.5 feet and the outside radius shall be 46 feet or as required by the fire district or solid waste division. Turning radii are not necessarily the radii or curbs around islands and other improvements;

(i)

All access must conform to the standards set forth in the city's engineering design and development standards.

(5)

Required parking for a dwelling unit may be provided on a different unit lot than the dwelling unit if the right to use the parking is formalized by an easement recorded with the Snohomish County auditor.

(6)

Individual water and sewer connections shall be provided for each unit lot except as specifically exempted in MMC Title 14, Water and Sewers.

(7)

A minimum of five feet of separation is required between structures.

A five-foot-wide paved pathway that is free of obstructions must also be provided where determined to be necessary by the fire district to ensure adequate access for emergency services to the rear of the building.

(8)

Adequate provisions for ingress, egress, emergency services, and utilities must be ensured through recorded easements. Access easements, joint use agreements, and maintenance agreements must be executed for use and maintenance of common areas and recorded with the county.

(9)

Portions of the parent lot not subdivided for unit lots shall be identified as tracts and owned in common by the owners of the unit lots.

(10)

Common areas and facilities, which may include parking, common open space, and storm water facilities, shall be maintained by a homeowners' association or the owners of the unit lots.

(11)

Private open space shall be provided in accordance with MMC § 22C.010.330 and shall also have no dimension less than 10 feet. Parking areas shall not count towards required open space.

(12)

A unit lot subdivision may be amended subject to the minor revision requirements set forth in MMC § 22G.010.260(2).

(Ord. 3350 § 4 (Exh. A), 2025; Ord. 3368 § 1 (Exh. A), 2025)

§ 22G.095.040 Application procedure.

Unit lot subdivisions shall be processed as follows:

Unit lot subdivisions creating 10 or more unit lots shall be processed as a subdivision under Chapter 22G.090 MMC.

Unit lot subdivisions creating nine or fewer unit lots shall be processed as a short subdivision under Chapter 22G.090 MMC.

Exception: Unit lot subdivisions processed concurrently with an alternate land division process (i.e., subdivision, short subdivision, or binding site plan) shall be processed according to the underlying land use process creating the parent lots.

Applications for a unit lot subdivision must fulfill the applicable requirements for a subdivision, short subdivision, or binding site plan, and also identify:

Areas and facilities owned in common by the owners of the unit lots, including garages, parking, vehicle access, and open space;

Access easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners' association for use and maintenance of common areas; and

Conformance of the parent lot with all applicable development requirements of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions.

(Ord. 3350 § 4 (Exh. A), 2025; Ord. 3368 § 1 (Exh. A), 2025)

§ 22G.095.050 Approval criteria.

Unit lot subdivisions are subject to the approval requirements set forth in Chapter 22G.090 MMC for a subdivision or short subdivision, as applicable, in addition to the following additional criteria:

The requirements provided in this chapter are satisfied;

The parent lot is designed to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance, and parking;

The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access, and other improvements are identified and enforced by covenants, easements or restrictions; and

Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and parks and recreation.

(Ord. 3350 § 4 (Exh. A), 2025; Ord. 3368 § 1 (Exh. A), 2025)

§ 22G.095.060 Recording.

The plat recorded with the Snohomish County auditor for a unit lot subdivision is required to include the following in addition to the requirements in Chapter 22G.090 MMC, Subdivisions and Short Subdivisions: Article II Preliminary Subdivision Review, Article III Final Subdivision Review, and Article IV Short Subdivision Review:

A title that includes "Unit lot subdivision."

Note all conditions of approval.

Notes to acknowledge the following:

Approval of the unit lot subdivision was based on the review of the development as a whole on the parent lot and unit lots are not buildable lots independent of the overall development;

Subsequent platting actions or additions or modifications to structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved site plan;