Chapter 17.04 DEFINITIONS

Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “he” or “his” shall also refer to “she” or “her,” the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.020 ACC.

“ACC” means the Auburn City Code. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.025 Alley.

“Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6239 § 1, 2009.)

17.04.030 Applicant.

“Applicant” means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or the authorized representative of such owner or owners. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.040 Application.

“Application” means all of the application forms, plans and accompanying documents required by this title for any particular land division, boundary line adjustment or boundary line elimination request. The city shall not be considered to be in receipt of an application under this title until the planning director has verified that an application is complete. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.045 Area of special flood hazard.

Repealed by Ord. 6295. (Ord. 6239 § 1, 2009.)

17.04.050 Binding site plan.

“Binding site plan” means a drawing prepared pursuant to Chapter 17.24 ACC and showing the location and general characteristics of streets, utilities and other physical features of property divided under the procedures of Chapter 17.24 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.055 Boundary line adjustment.

“Boundary line adjustment” means the relocation of the boundaries of a lot, which relocation does not result in the creation of any additional lot or lots. (Ord. 6239 § 1, 2009.)

17.04.060 Boundary line elimination.

“Boundary line elimination” means the removal of one or more interior lot lines of two or more separate lots with contiguous ownership. (Ord. 6239 § 1, 2009.)

17.04.065 City.

“City” means the city of Auburn, Washington. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.04.060)

17.04.070 Code.

“Code” means the Auburn City Code. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.080 Commission.

“Commission” means the planning commission of the city as established by Chapter 2.45 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.090 Comprehensive plan.

“Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted or hereafter amended, or its successor. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.100 Council.

“Council” means the Auburn city council. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.110 Dedication.

“Dedication” means the deliberate conveyance of fee ownership of land, or the granting of a right-of-way, easement, or other interest in land, by an owner or owners of the land to the city for any general and public uses, reserving to the owner or owners no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner or owners presenting for filing a final plat showing the dedication thereon. Acceptance by the city shall be indicated by the approval of the city council, as evidenced by the presence of the mayor’s signature on the face of the final plat. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.120 Department.

“Department” means the city department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.130 Development permit.

“Development permit” means any permit issued by the city allowing the physical alteration of real property, including but not limited to building construction or alteration, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, short subdivision, binding site plan, boundary line adjustment or boundary line elimination shall not be considered a development permit for the purposes of this title. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.140 Director, planning.

See “Planning director,” ACC 17.04.265. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.150 EIS or environmental impact statement.

“EIS” or “environmental impact statement” means a document prepared to assess the environmental impacts of a proposal which has been judged to have, or likely to have, a significant adverse effect upon the quality of the environment pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C RCW), as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.160 Final plat.

“Final plat” means the final drawing of a subdivision and dedication prepared for filing for record with the county auditor, and containing all elements and requirements as set forth in Chapter 17.12 ACC and as set forth in Chapter 58.17 RCW. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.170 Hearing examiner.

“Hearing examiner” means the city hearing examiner, as established by Chapter 18.66 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.180 Improvements.

“Improvements” means the street/transportation, utilities, and other facilities required by this title, other titles of the Auburn City Code, or the city design and construction standards to be constructed in conjunction with any particular land division. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.190 Land division.

“Land division” means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by subdivision, short subdivision, or binding site plan. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.200 Lot.

“Lot” means an area of land under single or common ownership, which has been created by any of the various land division methods for the purpose of lease, sale or transfer of ownership, defined by fixed and definite boundaries, and having sufficient area and dimension to accommodate development allowed by the zone in which it is located. As per RCW 58.17.020(9), the term “lot” shall include tracts or parcels. The term shall not include those tracts or parcels which are not buildable, but are created for common or public use, such as road and utility tracts. (Ord. 6239 § 1, 2009; Ord. 6006 § 1, 2006; Ord. 4296 § 2, 1988.)

17.04.205 Lot area.

“Lot area” means the total horizontal area within the boundary lines of a lot, however, the area contained in access easements, tracts, or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.210 Lot line adjustment.

Repealed by Ord. 6239. (Ord. 4296 § 2, 1988.)

17.04.220 Lot of record.

“Lot of record” means a lot which has been recorded by the county and appears on the official maps of the county assessor. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.225 Monument.

“Monument” means a permanent type survey marker which conforms to the city’s design and construction standards, in accordance with Chapter 58.09 RCW, Surveys – Recording. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.230 Original tract.

“Original tract” means a unit of unplatted land held under single or unified ownership, the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including an applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract. (Ord. 6239 § 1, 2009; Ord. 6006 § 2, 2006. Formerly 17.04.235.)

17.04.235 Owner.

“Owner” means the vested owners of the property and the beneficiaries of deeds of trust (owners of financial interest) as indicated in a current title report covering the property. (Ord. 6239 § 1, 2009.)

17.04.240 Panhandle.

“Panhandle” means a lot with access to a street by means of a portion of the lot having less than the required lot width, and situated so that another lot is located between the main portion of the lot and the street. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.245 Parcel.

“Parcel” means an area of land for which rights or ownership and use can be bought. For purposes of this title, see ACC 17.04.200, Lot. (Ord. 6239 § 1, 2009.)

17.04.250 Planning agency.

“Planning agency” means the Auburn department of planning and development, or its successor. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.260 Planning commission.

“Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.265 Planning director.

“Planning director” means the director of the Auburn department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)

17.04.270 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities and other elements of a subdivision consistent with the provisions of Chapter 17.10 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.280 Public way.

“Public way” means the surface, the air space above the surface, and the space below the surface of any public street, including, but not limited to, any public alley, bridge, land path, trail, court, circle, roundabout, boulevard, drive, tract, right-of-way or sidewalk under the jurisdiction of the city as is now, or in the future, laid out, improved or unimproved within the limits of the city presently and as such limits may be hereafter extended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.290 RCW.

“RCW” means the Revised Code of Washington, as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.300 Regulatory floodway.

“Regulatory floodway” means the channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. (Ord. 6295 § 5, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.305 Regulatory floodplain.

“Regulatory floodplain” means the area of the special flood hazard area and all protected areas within the city of Auburn. It also includes newly designated special flood hazard areas and protected areas that are delineated pursuant to city ordinance. (Ord. 6295 § 8, 2010.)

17.04.310 Reserved.

Reserved. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.320 Short plat.

“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county auditor, and containing all elements and requirements as set forth by Chapter 17.09 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.330 Short subdivision.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of Chapter 17.09 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.335 Special flood hazard area (SFHA).

“Special flood hazard area (SFHA)” means the land subject to inundation by the base flood. Special flood hazard areas are identified by the Federal Emergency Management Agency in the scientific and engineering reports entitled “Flood Insurance Study for King County, Washington and Incorporated Areas” dated April 19, 2005, and any revisions thereto, and “Flood Insurance Study for Pierce County, Washington and Unincorporated Areas” dated August 19, 1987, and any revisions thereto, and designated on associated flood insurance rate maps with the letter “A” including AE, AO, AH, A1 – 99. (Ord. 6295 § 9, 2010.)

17.04.340 Street.

“Street,” comprised of a public or private street, means any land legally dedicated or reserved for the purpose of providing for public travel and access to real property. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.350 Street, half.

“Half street” means a street with improvements built only from the centerline to one edge of the ultimate right-of-way, or to a minimum width as defined in the city’s design and construction standards, designed and built in accordance with all applicable ordinances, standards and requirements; provided, that appropriate measures shall be taken to protect the structural integrity of the exposed edge of pavement, as determined by the city engineer. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.360 Street, private.

“Private street” means any street which is not a public street. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.370 Street, public.

“Public street” means any highway, street, or other public right-of-way for motorized or nonmotorized travel under the jurisdiction and control of the city. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.380 Subdivision.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of this title; provided, that the term “subdivision” shall also include the redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership where such land has been short subdivided within the previous five years and does not meet the criteria of ACC 17.09.010(B). (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.385 Tract.

“Tract” means a piece of land created and designated as part of a land division that is not a lot of record, or a street or public right-of-way. Tracts are created and designed for a specific purpose. Land uses within a tract are restricted to those uses consistent with the stated purpose as described on the plat, or in the maintenance agreements. Examples include but are not limited to stormwater management tracts, private street or alley tracts, tree preservation tracts, environmental resource tracts, and open space tracts. (Ord. 6239 § 1, 2009.)

17.04.390 USC and GS.

“USC and GS” means the United States Coastal and Geodetic Survey. (Ord. 6239 § 1, 2009;Ord. 4296 § 2, 1988.)

17.04.400 USGS.

“USGS” means the United States Geological Survey. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.04.410 Zoning ordinance.

“Zoning ordinance” means the Auburn comprehensive zoning ordinance, codified as ACC Title 18, as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)