Chapter 17.08
DEFINITIONS

Sections:

17.08.010    Generally.

17.08.020    Binding site plan.

17.08.030    Block.

17.08.035    Building envelope.

17.08.040    City Council.

17.08.050    County auditor.

17.08.060    County treasurer.

17.08.070    Dedication.

17.08.075    Density.

17.08.080    Division of land.

17.08.090    Easement.

17.08.100    Final plat.

17.08.110    Hearings Examiner.

17.08.120    Land.

17.08.130    Lot.

17.08.140    Plat or regular plat.

17.08.150    Preliminary plat.

17.08.155    Right to farm notification.

17.08.160    Road.

17.08.170    Shall and may.

17.08.180    Short plat.

17.08.190    Short subdivision.

17.08.200    Subdivider.

17.08.210    Subdivision.

17.08.220    Subdivision Administrator.

17.08.230    Technical Review Committee.

17.08.240    Used or occupied.

17.08.010 Generally.

When not inconsistent within the context, words used in the present tense include the future; the singular includes the plural, and plural the singular. Whenever words or phrases appear in this title that are defined by Chapter 18.08 FMC, they shall be given the meaning attributed to them by that chapter. Otherwise, words used in this title shall be given their ordinarily understood dictionary meaning. Whenever the words or phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this section as set forth in this chapter. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.020 Binding site plan.

“Binding site plan” means a division of commercial or industrial zoned land for sale or lease when used for commercial or industrial purposes or the division of land for lease when used as a manufactured home community, recreational vehicle park, or trailer court, as specified in Chapter 17.36 FMC. (Ord. 2206 § 1 (Exh. 1), 2022; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.030 Block.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.035 Building envelope.

“Building envelope” means that area of a lot, exclusive of setbacks, easements and other limitations, on which a building may be constructed. (Ord. 1851 § 1, 2014)

17.08.040 City Council.

“City Council” means the City Council of the City. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.050 County auditor.

“County auditor” is defined in Chapter 36.22 RCW, or the office or person assigned such duties under a county charter. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.060 County treasurer.

“County treasurer” is defined in Chapter 36.29 RCW, or the office or person assigned such duties under a county charter. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.070 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to themselves no other rights than such 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 or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.075 Density.

“Density,” within the context of this title, shall mean the number of residential units per net acre of land, after public dedications and required infrastructure are removed. Density calculations shall be based upon the total area of land within a subdivision that is proposed to be utilized for residential lots, divided by the minimum lot size of the underlying zone. (Ord. 1734 § 1, 2012)

17.08.080 Division of land.

“Division of land” means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s land as defined in this chapter. Sale of a condominium, apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land shall not constitute a division of land. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.090 Easement.

“Easement” means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.100 Final plat.

“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. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.110 Hearings Examiner.

“Hearings Examiner” means the Hearings Examiner as established by the City of Ferndale pursuant to Ordinance 1396 and FMC 14.05.030. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.120 Land.

“Land” means a legally created lot, tract, parcel, site or division which is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to the effective date of this title. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.130 Lot.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, and, where applicable, density. The term shall include tracts or parcels. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.140 Plat or regular plat.

“Plat” or “regular 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 division and dedications. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.150 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, alleys, lots and blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat of subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.155 Right to farm notification.

“Right to farm notification” shall mean a signed and recorded acknowledgement made pursuant to Chapter 16.12 FMC noting the proximity of a proposed land use development to existing or potential agricultural land uses, including potential impacts to the subject property, and waiving the rights to pursue legal action against the City or agricultural use based on normal agricultural activities. (Ord. 1734 § 1, 2012)

17.08.160 Road.

“Road” means the improved and maintained portion of a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.170 Shall and may.

“Shall” is always mandatory, and “may” indicates a use of discretion in making a decision. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.180 Short plat.

“Short plat” means the map or representation of a short subdivision. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.190 Short subdivision.

“Short subdivision” means the division of land into nine or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale or lease. “Subdivision,” as used in this section, means a further division of land within a short plat filed for record more than five years prior to the further division or within a regular plat so long as nine or fewer lots, tracts, parcels, sites or divisions are created. (Ord. 2186 § 1 (Exh. 1), 2021; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.200 Subdivider.

“Subdivider” means a person, including a corporate person, who undertakes to create or expand a subdivision. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.210 Subdivision.

“Subdivision” means the division of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and includes all resubdivisions of land. “Resubdivisions,” as used in this section, means either:

A.    A further division of land within a recorded plat or short plat into 10 or more lots, tracts, parcels, sites or divisions; or

B.    Any further division of land within a short plat made within a period of five years from the date of recording of the short plat. (Ord. 2186 § 1 (Exh. 1), 2021; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.220 Subdivision Administrator.

“Subdivision Administrator” means the Community Development Director. In cases where the terms “Plat Administrator” or “Short Plat Administrator” may be used, they shall be considered synonymous with the term “Subdivision Administrator.” (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.230 Technical Review Committee.

“Technical Review Committee” means a committee composed of City staff and other appropriate agencies for the purpose of reviewing permit applications, as defined in Chapter 14.03 FMC. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)

17.08.240 Used or occupied.

“Used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)