POMC 20.87 (new) – Unit Lot SubdivisionChapter 20.87
UNIT LOT SUBDIVISIONS
Sections:
20.87.010 Purpose and Applicability.
20.87.020 Applicability.
20.87.030 Preapplication conference.
20.87.040 Decision type.
20.87.050 Application Submittal Requirements
20.87.060 Minimum requirements of parent lot for unit subdivision.
20.87.070 Deviation from Dimensional Standards.
20.87.080 Subdivision of Middle Housing Units on a Single Lot.
20.87.90 Approval Criteria.
20.87.100 Effect of preliminary unit lot subdivision approval- Expiration.
20.87.110 Final Plat Approval Criteria.
20.87.120 Modifications to an Approved Unit Lot Subdivision
20.87.010 Purpose and Applicability.
1. Purpose. The purpose of this chapter is to allow the subdivision of land for detached houses
and middle housing buildings on lots where subdivision is not otherwise possible due to conflicts
between characteristics of the development type and applicable dimensional standards in POMC
20.34 and 20.35. In such cases, the unit lot subdivision process provides opportunities for fee
simple ownership of land as an alternative to condominium ownership. Unit lot subdivision applies
the dimensional standards in POMC 20.34 and 20.35 to the overall site, the "parent lot," while
allowing flexibility in the dimensional standards for the subordinate "unit lots." This section is not
intended to permit uses, unit counts, and/or densities that are not otherwise allowed in the land
use designations in which a unit lot subdivision is proposed nor is it intended to accept public
infrastructure or to allow circumvention of the preliminary plat process. The zoning and subdivision
regulations apply to Unit Lot Subdivisions except for the departures specifically allowed in this
Chapter.
20.87.020 Applicability.
1. The provisions of this Chapter apply exclusively to the unit subdivision of land for residential
development including detached houses and middle housing buildings in all zones in which these
building types are permitted, or any combination of the above types of residential development as
permitted in the applicable zones.
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2. Individual unit lots may contain stacked units. Stacked units are not eligible for unit lot
subdivision within the structure.
3. The development shall meet development standards applicable at the time the permit
application is vested in accordance with Chapter 20.08 POMC. As a result of the unit lot
subdivision, development on individual unit lots may be of a nonconforming size or may have
modified setbacks internally to the lot based on analysis of the individual unit lot, except that any
private usable open space or private amenity area for each dwelling unit shall be provided on the
same unit lot as the dwelling unit it serves.
4. This Chapter may only be utilized for the division of lots which either meet the minimum lot
size for the underlying zone or are legal lots of record which have an area of at least 1,000 square feet
that existed prior to July 1, 2025.
5. For previously developed lots, unit lot subdivision may be used to provide fee -simple
ownership, provided that any buildings or structures are legally occupied, and provided the unit lot
subdivision does not increase nonconformity to any City ordinance, or state or federal law.
Inconsistency of existing development with the provisions of this section shall not constitute
justification for a variance under Chapter 20.28 POMC.
6. Subsequent platting actions, additions or modifications to the structure(s) may not create
or increase any nonconformity of the parent lot or the unit lots.
20.87.030 Preapplication conference.
For the purpose of expediting applications and reducing subdivision and site plan design
and development costs, developers are encouraged, but not required, to request a pre -application
conference, pursuant to Chapter 20.22 POMC, to discuss land use, site design, required
improvements, and conformance with this chapter and additional applicable provisions of this title.
2. The preapplication conference is advisory only and neither the applicant nor city staff shall
be bound by any determinations made therein.
20.87.040 Decision type.
A preliminary unit lot subdivision, for 9 or fewer unit lots, is a Type II decision and a final unit
lot subdivision is a Type I decision. .
2. A preliminary unit lot subdivision, for 10 or more unit lots, is a Type III decision and a final
unit lot subdivision is a Type I decision where no dedication of public infrastructure occurs,
otherwise a final unit lot subdivision is a Type IV decision.
3. Unit lot subdivisions shall be processed in accordance with the procedures for such
decision types as set forth in Chapter 20.22 POMC. If a unit lot subdivision application is filed with
another type of subdivision, then these applications shall be consolidated and the highest Type
process will apply to the consolidated applications, provided, however, if approved, the preliminary
plat shall be recorded prior to the recordation of a unit lot subdivision.
20.87.050 Application Submittal Requirements
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Unit lot subdivisions for 9 unit lots or fewer shall include all documents and information as
set forth in POMC 20.86.060. In addition, the applicant shall provide all information necessary to
satisfy the requirements of this chapter and demonstrate that the proposal meets all requirements
for zoning and site development.
2. Unit lot subdivisions for 10 unit lots or more shall include all documents and information as
set forth in POMC 20.88.040. In addition, the applicant shall provide all information necessary to
satisfy the requirements of this chapter and demonstrate that the proposal meets all requirements
for zoning and site development.
20.87.060 Minimum requirements of parent lot for unit subdivision.
1. The overall development on the parent lot proposed for unit lot subdivision shall maintain
consistency with the development standards applicable to the zoning district and the building type
at the time the application is vested.
2. The minimum parent lot size for a unit lot subdivision shall be the minimum lot size set forth
in Chapter 20.34 POMC or 20.35 POMC, and be at least 1,000 square feet for a legal lot of record,
provided, however, that each may be divided into no more than the number of lots equal to the
maximum number of dwelling units allow on that lot under POMC 20.34 or POMC 20.35.
3. Setbacks from the perimeter property lines of the parent lot shall conform to the setbacks
for the underlying zoning district where the development is proposed.
20.87.070 Deviation from Dimensional Standards.
1. Development on individual unit lots within the unit lot subdivision need not conform to the
minimum lot area, minimum width, maximum lot coverage or other dimensional requirements;
provided, however, that any building located upon a unit lot shall comply with the maximum
building height requirements of the underlying zoning designation. In addition, the lot coverage
maximum for the underlying zone shall apply collectivelyto all properties within the unit lot
subdivision and the parent lot.
2. Subsequent additions or modification to the structure(s) shall not create any nonconformity
of the parent lot.
3. Structures on unit lots and structures divided by unit lots that conform to a recorded unit
lot subdivision will not be considered nonconforming under POMC 20.54.
20.87.080 Subdivision of Middle Housing Units on a Single Lot.
Each building shall be subject to the design standards referred to in POMC 20.32 except
where they conflict with the provisions of this section.
2. Subdivision of zero -lot -line developments shall provide a five-foot wide building
maintenance easement on adjacent unit lots for external walls, eaves, chimneys, and other
architectural features that rest directly on or within five feet of a lot line.
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3. Each unit lot shall be entirely outside of a critical area buffers, and building setbacks shall
be required from any critical area buffer consistent with POMC 20.162.
20.87.090 Approval Criteria.
1. In addition to any other standards and approval criteria applicable to a unit lot subdivision
proposal, including but not limited to criteria in POMC 20.32, POMC 20.34, POMC 20.35, POMC
20.86.080, 20.88.040 and this chapter, proposals shall be subject to the following:
a. Each unit lot shall have access and service as required by utility and emergency service
providers.
b. Each unit lot shall have perpetual access to any shared amenity space required per the
applicable development standards for the underlying zoning district for the development type.
c. Each unit lot shall have pedestrian access to an adjacent right-of-way, with a minimum
five -foot -wide access easement.
d. A separate tract for common areas, access, and utilities may be required in lieu of
multiple easements.
e. Off-street parking shall be calculated and designed for each unit lot in compliance with
POMC 20.124 within the parent lot. Required parking for a dwelling unit may be provided on a
different unit lot, within the parent lot, than the lot with the dwelling unit, provided the right to use
that parking is formalized by an easement on the face of the final plat, as recorded with the Kitsap
County Auditor.
f. Existing Structures. Existing legal non -conforming structures proposed for inclusion in a
unit lot subdivision and created prior to July 1, 2025 are not required to correct non -conformity, but
the unit lot subdivision may not result in an increase in the degree of non -conformity. Approval of
departure requests from the standards herein may be granted by the decision -making authority
when an applicant adequately demonstrates that an existing legal non -conformity, as described
above, creates an inability to satisfy all approval criteria of this section,
20.87.100 Effect of preliminary unit lot subdivision approval— Expiration.
1. Approval of the preliminary unit lot subdivision by the city shall constitute direction to the
applicant to develop construction plans and specifications for the required public facilities, in strict
conformance with the approved preliminary unit lot subdivision, the adopted Public Works
Engineering Standards and Specifications and any special conditions imposed on the approval.
2. Permission shall not be granted for installation of required public facilities until all construction
plans and specifications have been approved in writing by the city, pursuant to POMC 20.140.
3. Preliminary unit lot subdivision approval shall expire if a final unit lot subdivision application has
not been submitted pursuant to the deadlines established in POMC 20.86.130.
20.87.110 Final Unit Lot Subdivision Approval Criteria.
1. All unit lot subdivisions shall comply with Conditions imposed as part of the preliminary
unit lot subdivision decision.
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2. The final unit lot subdivision (plat) map shall contain all required elements for final plat in
POMC 20.90. In addition, the plat shall include the following:
a. The areas and locations of all public and private streets and ways, parcel and lot lines,
utilities, public and private street improvements, open spaces, and other items specified by POMC
20.90.030.
b. The site development, driveways, parking layout, landscaping, lighting, signs, building
perimeters and elevations.
c. The use and type of proposed buildings.
d. Maintenance easements shall be shown on the face of the plat.
e. All access and utility easements, joint use and maintenance agreements, and covenants,
conditions, and restrictions identifying the rights and responsibilities of property owners and/or the
homeowners association or other legally binding perpetual shared use and maintenance
agreements shall be executed for use and maintenance of common facilities and/or appurtenances
shall be recorded with the Kitsap County Auditor on the face of the final plat.
f. A homeowners association or other form of legally binding perpetual shared use and
maintenance agreement, which complies with the requirements of the utilities serving the property
shall be required when utilizing shared facilities.
g. Portions of the parent lot not subdivided for individual unit lots shall be owned in
common by the owners of the individual unit lots, or by a homeowners' association comprised of
the owners of the individual unit lots
h. A note on the face of the final unit lot subdivision which provides all conditions of
approval of the preliminary unit lot subdivision Decision.
i. A note on the face of the final unit lot subdivision which states: A unit lot is not a separate
buildable lot and additional development of the individual unit lots may be limited as a result of the
application of development standards to the parent lot. Additional development of the
individual unit lots, including but not limited to reconstruction, remodel, maintenance, and
addition, shall comply with conditions of approval of the unit lot subdivision and may be limited as
a result of the application of development standards to the parent lot or other applicable
regulations.
j. A note on the face of the final unit lot subdivision which states: Unit lots may not be
further subdivided.
20.87.120 Modifications to an Approved Unit Lot Subdivision
An application for a modification to an approved preliminary unit lot subdivision and may be
submitted before a final unit lot subdivision application is submitted, as follows:
1.Minor Modifications to an Approved Preliminary Unit Lot Subdivision. The director is authorized to
make the determination on a minor modification to an approved unit lot subdivision.
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a. Defined. Minor modifications to an approved preliminary unit lot subdivision are those
which do not change:
i. The outer boundaries of the parent lot (other than for survey discrepancies);
ii. The dimension of lot lines within the unit lot subdivision by more than two
percent;
iii. The conditions of preliminary unit lot subdivision approval;
iv. Road alignments or connections and/or do not increase the number of unit lots.
b. Application. A complete application for a preliminary unit lot subdivision modification
shall consist of the following:
i. Application form and filing fee;
ii. Site plan showing the proposed modification, using the same plan format as in
the original approval;
iii. Explanation in narrative form of the requested modification.
c. Processing. An application for a minor modification to an approved preliminary unit lot
subdivision is a Type I decision and shall be subject to the requirements of and processed in
accordance with the procedures for such applications and decisions as set forth in Chapter 20.22
POMC.
d. Criteria for Approval. The director shall approve or approve with conditions a proposed
preliminary unit lot subdivision modification application, as long as the applicant demonstrates
that all of the following criteria are satisfied:
i. The proposed modification meets the criteria in POMC 20.87.090;
ii. The modification will not be inconsistent with, or cause the unit lot subdivision to
be inconsistent with, the findings, conclusions or decision made by the city in its approval
of the preliminary unit lot subdivision; and
iii. Approval of the modification will not affect the ability of the collective lots in the
property included in the preliminary unit lot subdivision 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.
iv. Time Limitation for Final Decision. A minor preliminary unit lot subdivision
modification shall be approved, approved with conditions or denied consistent with the
requirements of POMC 20.22.030.
e. Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a minor
preliminary unit lot subdivision modification shall not extend the deadline set forth in POMC
20.87.100 for submission of a final unit lot subdivision application to the city.
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2. Major Modifications to an Approved Unit Lot Subdivision. Major modifications to an approved
preliminary unit lot subdivision are defined and processed as follows:
a. Defined. A major preliminary unit lot subdivision modification is any application for a
modification of a preliminary unit lot subdivision that does not meet the definition of a minor
preliminary unit lot subdivision modification.
b. Application. An application for a major preliminary unit lot subdivision modification shall
include all of the elements of a complete preliminary unit lot subdivision application.
Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the
time limitation for a final decision of a major preliminary unit lot subdivision modification shall be
the same as those for a preliminary unit lot subdivision application.
d. Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a major
preliminary unit lot subdivision revision shall not extend the deadline set forth in POMC 20.87.100
for submission of a final unit lot subdivision application to the city.
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