Chapter 16.02
PURPOSE OF TITLE
Sections:
16.02.020 Definitions and phrases.
16.02.030 Division of land to comply with this title.
16.02.040 Exemptions—Title inapplicable.
16.02.010 Purpose of title.
The city council finds that the process by which all land within the city of Connell is divided is a matter of city concern and, therefore, should be administered in a uniform manner in accordance with certain standards. The purpose of this title is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established to prevent overcrowding of land, to promote effective use of land, to promote safe and convenient travel by the public on streets and highways, to provide for adequate light and air, to facilitate adequate provisions for water, sewer, parks and recreation areas, sites for schools and school grounds and other public requirements, to provide for proper ingress and egress, and to provide for the timely review and approval of proposed subdivisions within the city and the city’s urban growth area which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the city, and to require uniform monumenting and land subdivisions and conveyance by accurate legal descriptions. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.02.020 Definitions and phrases.
As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
Words used in the present tense include the future; the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; and the words “used” or “occupied” shall be considered to be followed by the words “or intended, arranged or designed to be used or occupied.”
“Access corridor” means a strip of land with a minimum width of twenty feet and a maximum length of one hundred fifty feet, which provides access from a public street to parcels of property not abutting a public street.
“Alley” means a public right-of-way, not less than twenty feet in width and affording a secondary means of vehicular access to abutting properties, which properties are also served by a public street.
“Binding site plan” means a drawing to scale which:
(1) Is approved in accordance with the process provided in Chapter 16.04;
(2) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and other matters required or specified by this municipal code or other regulations;
(3) Contains inscriptions or attachments setting forth such applicable limitations and conditions for the use of the lands as set forth in this title or Title 15, 16A, 17, 18, or 19;
(4) 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.
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to the owner 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 by the presentment for filing of a final plat, short plat or binding site plan showing the dedication thereof or deed; and, the acceptance by the city or other governmental entity shall be evidenced by the approval of such plat or binding site plan or acceptance of a deed for filing by the city.
“Division” means the division or redivision of land, regardless of the size of the parcels or the number of lots, for the purpose of sale, lease or transfer of ownership and includes subdivisions, short subdivisions or binding site plans.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title and in other regulations adopted by the city.
“Lot” means the fractional part of divided lands having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
“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 other divisions and dedications.
“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.
“Short plat” means the map or representation of a short subdivision showing thereon the division of a tract or parcel of land into lots, streets and alleys or other divisions and dedications.
“Short subdivision” means the division or redivision of land into six or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
“Street” means a public right-of-way which affords the principal means of access to abutting property, except an alley.
Street, Arterial. “Arterial street” means transportation arterials which connect the focal points of traffic patterns within the city, and streets which provide connections with other communities and the outlying area or streets which have relatively high traffic volumes compared with collector and local streets within city.
Streets, Collector. “Collector streets” means street routes which serve lesser points of traffic patterns within the city or which serve to collect and distribute traffic from the arterial streets to local streets.
Street, Cul-de-Sac. “Cul-de-sac street” means a street opening on one end and having a turn-around area at the other end.
Streets, Local. “Local streets” means access streets which are generally limited to providing access to abutting properties and are tributary to the arterial or collector streets.
“Subdivision” means the division or redivision of land into seven or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
“Zero lot line subdivision” means the division of land to create zero lot line townhomes, which are attached residential units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or both of the dwelling’s sides rests on a lot line. (Ord. 1038 § 1, 2024; Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997. Formerly 16.02.030).
16.02.030 Division of land to comply with this title.
Every subdivision, short subdivision and binding site plan shall comply with the applicable provisions of this title. The city may contract with qualified professionals or firms (engineering, planning, etc.) to provide services to the city to review applications, review construction plans, perform inspections, and perform other tasks as needed by the city to enforce this title. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997. Formerly 16.02.020).
16.02.040 Exemptions—Title inapplicable.
The provisions of this title shall not apply to:
(1) Any cemeteries and other burial plots while used for that purpose;
(2) Any division of land not containing a dedication and in which the smallest lot created is twenty acres or larger; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line (RCW 58.17.040(2));
(3) Any divisions made by testamentary provisions or the laws of descent;
(4) Any division made for the purpose of alteration by adjusting boundary lines which does not create any additional building 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 area for a building site, of the zone in which the affected lots are situated;
(5) Any division of land resulting from condemnation or a sale under threat thereof by any agency or division of government vested with the power of condemnation; or any division of land for municipal purposes, or for purposes of locating and installing utilities and related facilities when requested by a utility purveyor previously granted franchise rights within the city, and in all cases, only if approved by the city council;
(6) Any division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act, or Chapter 64.34 RCW, the Condominium Act, subsequent to the recording of a binding site plan for all such land and subject to the terms and provisions of RCW 58.17.040(7);
(7) Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with applicable regulations;
(8) A division for the purpose of lease when no residential structure other than mobile homes, tiny houses, or tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with applicable regulations;
(9) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
(10) A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).