Chapter 16.08
DEFINITIONS

Sections:

16.08.010    Definitions.

16.08.010 Definitions.

Whenever the words and phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural, and the plural the singular; “shall” is always mandatory and “may” indicates a use of discretion in making a decision. Words not defined herein shall have their common meaning as defined in a dictionary provided by the city.

“Access corridor” means a private easement providing primary vehicular/pedestrian access from public right-of-way to a lot, parcel or tract of land.

“Administrator” means the Pateros city building official/permit administrator or other person designated by the mayor and approved by the city council.

“Alley” means a narrow street, dedicated to public use, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another street.

“Block” means a group of lots, within a plat.

“Buildable lot” means a lot upon which the city of Pateros will issue a building permit in accordance with zoning and other applicable regulations.

“City attorney” means the attorney appointed by the mayor to serve as the city’s official legal counsel.

“City council” means the legislative authority of the city of Pateros as defined in Chapter 35A.24 RCW as it now exists or is hereafter amended.

“City superintendent” means the official appointed by the mayor to serve as the director of the city’s public works department.

“Comprehensive plan” means the current comprehensive plan of the city of Pateros, adopted by the city council pursuant to state law.

“Consulting engineer” means the engineering firm selected by the city and appointed by the mayor as the city’s official engineer.

“County auditor” means the Okanogan County auditor authorized pursuant to Chapter 36.22 RCW as it now exists or is hereafter amended.

“County treasurer” means the Okanogan County treasurer authorized pursuant to Chapter 36.22 RCW as it now exists or is hereafter amended.

“Cul-de-sac” means a short street having one end open to traffic and being permanently terminated by a Vehicle turn-around by either a circular or hammerhead form. Note: a temporary cul-de-sac may be similar in appearance but have a tract of land through which the roadway may eventually be emended.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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 submission 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 authority.

“Developer” means a person or persons, including a corporation, partnership, or other association, bringing an application before the city. For the purposes of subdivision applications, “developer” is equivalent to “subdivider,” as defined in this section.

“Development guidelines and standards” means those designs standards outlined in this title, the Pateros zoning ordinance and any other applicable ordinances of the city of Pateros.

Division of Land. For purposes of this title is 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 parcel. 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.

“Easement” means a grant by a property owner to specific persons or to the public to use a designated portion of land for a specific purpose or purposes. Easements are only partial grants of authority over the subject property, the exact relationship of the easement right to the landowner’s right is normally explained by the terms of the easement.

“Final approval” means the final official action taken by the planning commission and the city council on a final plan, subdivision, or dedication or portion thereof, that has previously received preliminary approval.

“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 set forth in this title and in any other regulations adopted pursuant to this title. After the Okanogan County auditor has filed and recorded the final plat, it shall thereafter be known as an authorized plat, subdivision or dedication.

“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 date of adoption of this code, or constitutes a “prior division of land” as defined in this section.

“Lot” means a fractional part of subdivided land 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.

Monument, Permanent Control. “Permanent control monument” means a five-eighths inch rebar, one inch iron pipe or a brass or aluminum cap set in a concrete collar with the surveyor’s name and professional license number. If brass or aluminum caps are used, a piece of iron scrap shall be embedded in the concrete collar for magnetic detection.

“Parent parcel” means those lots, parcels or tracts of land that existed at the time of adoption of the ordinance codified in this title with separate deeds, and all lawfully established lots, parcels or tracts since that time. It is from a “parent parcel” that all subsequent lots, parcels or tracts are created.

“Planning commission” means the Pateros city planning commission.

“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 divisions and dedications.

“Preliminary approval” means the official action taken on the preliminary plat, subdivision or dedication by the planning commission, meeting in an official session.

“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 serve as the basis for the approval or disapproval of the general layout of a subdivision.

“Prior division of land” means any of the following:

1.    A division initiated by sale, lease, transfer or option contract executed prior to the date of adoption of the ordinance codified in this title, which presently remains a binding and enforceable commitment as between the parties thereto, their successors, or assigns. If the applicable instrument does not specifically designate separated units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior division of land providing that any division executed prior to the effective date of the ordinance codified in this title was in full and complete compliance with the then applicable subdivision ordinances and laws of the state of Washington;

2.    A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection (1) of this section;

3.    A taxation parcel of any size which was created prior to the date of adoption of the ordinance codified in this title, for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor’s office solely for tax purposes include senior citizen segregations administratively affected by one other than the land owner or agent; and segregations for tax exemption purposes. Such segregations for taxation purposes are not considered to be prior divisions of land for purposes of this title;

4.    A taxation parcel created in the assessor’s office for description purposes because of section lines if it conforms with zoning lot size and width requirements in effect at the time of application for exemption;

5.    A division of land created by a public right-of-way traversing the land.

“Private roads” means every way or place in private ownership and maintenance and used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons.

“Recording form” means a short or final plat as required per provisions of this title for filing with the Okanogan County auditor.

“Reverse frontage” means a lot abutting two streets that is not accessible from one of the streets upon which it fronts whether by design, prescription or physical barrier.

“Road” means the improved and city maintained portion of a public right-of-way which provides vehicular circulation or principal means of access to abutting properties. 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.

“Service drive” means a street abutting and parallel to a primary arterial or a collector street which is designed to provide access to abutting property and not to provide access to the arterial except at intersections.

“Short plat” means the drawing of the subdivision into four or fewer parcels prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title and in any other regulations adopted pursuant to this title.

“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, including any remaining portions of the parent parcel.

“Sketch plat” means a sketch preparatory to the preparation of a preliminary plat (or final plat in the case of a short subdivision involving no public dedication) to enable the subdivider to save time and expense in reaching agreement on the plat and any requirements pertaining thereto.

“Subdivider” means a person or persons, including a corporation, partnership, or other association, who undertakes to create, alter, or expand a subdivision or short 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 including any remaining portions of the parent parcel.

“Zoning” or “zoning code” means the adopted zoning ordinance of the city of Pateros. (Ord. 98-570 §§ 2.01-2.41, 1998)