30.23.230 Lot area when land is taken for public use.
(1) If a portion of a legally existing lot or parcel of land in any zone is acquired for public use in any manner, including condemnation or purchase, the remainder of the lot or parcel shall be considered having the required minimum lot area. However:
(a) The portion of the lot or parcel remaining after the acquisition for public use has an area of at least one-half of that required for the minimum lot area in the zone in which the lot or parcel is located except that, in a zone requiring a minimum lot area of one-half acre or more, a minimum lot area of at least 6,000 square feet shall be required; and
(b) After all applicable setback requirements are met, the remainder of the lot or parcel contains a rectangular space at least 30 feet by 40 feet in size which is usable for a main building.
(2) The setback requirements of this title shall not apply to existing legal structures located on legally-created lots or parcels where the setbacks for such structures have been reduced by governmental acquisition of a portion of the lots or parcels and such acquisition complies with the standards promulgated for decent, safe, and sanitary housing in Section 12, Right-of-Way Manual, Washington State Department of Transportation. Any structural expansion of these existing structures which would increase the degree of setback nonconformity is prohibited.
(3) Lots with less than sufficient square footage to meet minimum zoning requirements may be created in approving a short subdivision, when all of the following apply:
(a) As a condition of short subdivision approval, land must be dedicated for county road purposes pursuant to SCC 30.41B.200(4) and such dedication would cause the short subdivision to lose one or more lots due to insufficient square footage to meet minimum zoning requirements;
(b) No lot area may be reduced more than 10 percent below minimum zoning requirements; and
(c) All lots shall meet minimum county health department requirements. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).