Chapter 16.02


16.02.010    General.

16.02.020    Definitions.

16.02.010 General.

For the purpose of this title, certain words and terms are defined. When consistent with the context, words used in the present tense shall include the future; the singular term shall indicate the plural and the plural the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion. If the definition of a word in this title cannot be found, other City regulations, zoning or development regulations will apply. (Ord. C-656 § 23, 2007)

16.02.020 Definitions.

“Alley” means a strip of land providing vehicular and pedestrian access to the rear and/or side of properties which abut and have access to a road.

“Alteration” means the modification of a previously recorded plat or short plat or any portion thereof, the addition of new lots or more land, deletion of existing lots or the removal of plat or lot restrictions or dedications.

“Applicant” means any individual or entity who applies for any approval under this chapter.

“Arterial (minor)” means a roadway providing movement along significant corridors of traffic flow. Traffic volumes, speeds, and trip lengths are high, although usually not as great as those associated with principal or major arterials.

“Arterial (principal or major)” means a roadway providing movement along major corridors of traffic flow. Traffic volumes, speeds, and trip lengths are high, usually greater than those associated with minor arterials.

“Auditor” means the Spokane County auditor.

“Binding site plan” means a drawing to scale which:

1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, critical areas, parking areas, landscaped areas, surveyed topography, water bodies, drainage features and any other matters specified in this chapter;

2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the Director; and

3. Contains provisions making any development be in conformity with the site plan.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

“Bond” means a satisfactory security to insure performance and/or warranty.

“Boundary line adjustment” means adjusting the boundary line between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and areas for a building site.

“Building setback” means the minimum distance a building may be located from any property line as determined by AHMC Title 17.

“Certificate of exemption” means a document issued by the Director, which formally exempts a division of land from full compliance with certain state and local land development laws and regulations as identified in the exemption provisions of this title.

“Certificate of title” means a title report prepared by a title company for the property contained in a proposed subdivision, short subdivision, or binding site plan, to include, as a minimum, all owners of record, easements, and encumbrances affecting said property.

“City Council” means the City Council of the City of Airway Heights, Washington.

“City Manager” means the Manager of all City departments including Police, Fire, Public Works, Finance and Community Development.

“Collector street” means a roadway providing service which is of relatively moderate traffic volume and moderate operating speeds. Collector roads collect and distribute traffic between local roads and arterials.

“Commercial uses” means activities within land areas that are predominately connected to the sale, rental, and distribution of products or performance of services.

“Comprehensive Plan” means the plan adopted by the City pursuant to Chapter 36.70A RCW.

“Covenants and restrictions” means written standards prepared by private individuals or corporations, in which the City has no authority, that are in addition to the existing standards imposed by the City.

“Critical areas” includes the following areas and ecosystems:

1. Wetlands;

2. Areas with a critical recharging effect on aquifers used for potable water;

3. Fish and wildlife habitat conservation areas;

4. Frequently flooded areas; and

5. Geologically hazardous areas.

“Dedication” means the deliberate conveyance of land by its owner for general and public uses. The intention to dedicate shall be evidenced by filing a plat showing a dedication and then the acceptance by the public shown through the approval of the filing by the governmental unit.

“Director” means the person identified by the City as the head of any division or department devoted to the current or long-range planning activities of the City or his designee. In the absence of any such designation, the Public Works Director shall serve in this capacity.

“Easement” means an agreement by a property owner to allow specific people or the public to use land for a specific purpose or purposes (e.g., maintain water/sewer systems or phone lines on lands).

“Engineer” means a civil engineer licensed by the state of Washington.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the auditor and containing all elements and requirements set forth in this title and in local regulations adopted under this title.

“Improvement” means any structure or work constructed, including but not necessarily limited to roads, alleys, storm drainage systems and ditches and dikes, sanitary sewage facilities or main lines, storm drainage containment facilities, and all other subgrade utility services such as phone, gas, and water.

“Industrial uses” means the activities predominantly connected with manufacturing, assembly, processing, or storage of products.

“Land surveyor” means any person who is registered with the state of Washington as a licensed land surveyor.

“Local road” means a roadway providing service which is of relatively low traffic volume, short average trip length, or minimal through traffic movements.

“Lot” means a fractional part of divided lands, having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

“Minimum improvements” means those improvements and/or bonding required by Chapter 16.08 AHMC as a condition for filing the final plat, final short plat, or final binding site plan.

“Owner(s)” means any person, partnership, corporation, association, incorporated organization, trust, or any other legal commercial entity having sufficient proprietary interest to seek development of land.

“Ownership interest” means having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary or grantor.

“Party of record” means a person who has provided written comments regarding a development proposal during the comment period for preliminary plats, short plats, or binding site plan proposals.

“Phasing” means a plan that guarantees project improvements, including the timing for construction and proposed methods to occur with all subsequent project phases.

“Planning Commission” means that commission established by the City Council as provided in Chapter 44, Laws of 1935, as thereafter amended, for the state of Washington.

“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or the divisions and dedications.

“Preliminary approval” means the official favorable action taken on the proposed subdivision, short subdivision or binding site plan.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

“Public highways” means the free and public roads, ways, alleys, and streets which every person has the right to use and shall include community arterials, neighborhood streets and residential streets, some of which may or may not be portions of the primary or secondary highway system of the state of Washington.

“Public purpose segregation” means a division made for the purpose of creating a portion of property to be deeded to the county, the City, or any taxing district, governmental body, utility company, or nonprofit community organization or foundation (whose articles or bylaws allow it to hold land for public use and benefit) for a designated use, provided the remaining portion of property has sufficient lot area and dimensions, and meets all other criteria to comply with the applicable City regulations, for the intended purpose of segregation. Public purpose segregations may include deeded paths, trails, and rights-of-way for public access purposes; if a deeded path, trail, or right-of-way traverses a parcel, such path shall be considered an exception to the underlying parcel and shall not be considered a division of the underlying parcel nor subtract from the parcel size for density purposes.

“Public Works Director” means the person responsible for managing the Public Works Department to include transportation, water, sewer systems and park facilities.

“Short plat” means the map or representation of a short subdivision.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions, any one of which is less than five acres in size, for the purpose, whether immediate or future, of transfer of ownership, or for building developments.

“Sidewalk” means all hard-surfaced (concrete) walkways located between the curb or developed edge of the public highway and the adjacent property.

“State Environmental Policy Act (SEPA)” means as defined by Chapter 43.21C RCW as it now exists or is hereafter amended.

“Street (road), private” means a recorded easement for ingress and egress or a platted street designated as a private thoroughfare for access of abutting property but for which the City assumes no responsibility or ownership or maintenance.

“Street (road), public” means a public thoroughfare which has been dedicated or deeded to the public to be used for street purposes and which has been improved, established, and is maintained by the City or for which reasonable assurances have been provided to the City to guarantee the street will be improved to City standards. Also included in this definition are county roads, state highways, and other state-controlled roadways.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions, any one of which is less than five acres in size, for the purpose of sale, lease or transfer of ownership; except as may be exempt under this title.

“Tax statement” means a certificate from the Spokane County treasurer indicating that all taxes and assessments on said property included in the final plat, short plat or binding site plan have been paid according to the provisions of RCW 58.08.030 and 58.08.040, as amended.

“Title notice” means a written notice attached to the title of a parcel of land by the City with a recording of said notice with auditor for the purpose of notifying the property owner or future property owner of particular circumstances related to said parcel such as a warning statement(s), limitation(s), restriction(s) or other.

“Zoning/zoning code” means AHMC Title 17. (Ord. C-656 § 24, 2007)