Chapter 19.04
CONSTRUCTION AND DEFINITIONS

Sections:

19.04.010    Construction.

19.04.020    Definitions.

19.04.010 Construction.

The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision:

A. Tense. Words used in the present tense shall include the future tense.

B. Number. Words used in the singular shall include the plural and words used in the plural shall include the singular.

C. Shall, May, Should. The word “shall” is mandatory. The words “may” and “should” are permissive.

D. Gender. Terms in masculine, feminine and neuter gender shall be interchangeable. Use of genders shall not affect the intent of any provision.

E. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or paragraph of this code and the content thereof, the heading shall not affect the scope, meaning or intent of the content. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.04.020 Definitions.

A. As used in this code, the following words and phrases shall mean:

1. “Access” means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

2. “Adjacent” means having a common boundary and is not to be construed as that which is across a street or alley.

3. “Alley” means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

4. “Approving authority” means the hearing examiner, city council of the city of Sultan, director, city administrator, or other entity as used in this code.

5. “Binding site plan” means an improvement plan processed in accordance with Chapters 19.18 and 19.20 SMC, which is legally binding on the land owner, his heirs, successors and assigns.

6. “Binding site plan, small-scale” means a binding site plan as defined under subsection (A)(5) of this section that involves nine or fewer lots, tracts or parcels.

7. “Binding site plan, large-scale” means a binding site plan as defined under subsection (A)(5) of this section that involves 10 or more lots, tracts or parcels.

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

9. “Boundary line adjustment” means modification of the size or alignment of adjacent parcels through relocation of their common boundary where an additional parcel is not created and where the existing parcel which is being reduced in size is not reduced below the minimum lot size established by the zone which applies to the property (Chapter 19.16 SMC).

10. “Common open space” means an area or areas within a development designed, developed, dedicated and maintained for the use or enjoyment of all residents of the development, or of the public in general as specified on the applicable plat documents.

11. “Comprehensive plan” means the current urban area comprehensive plan of the city of Sultan adopted by the council pursuant to state law.

12. “Condominium” means a building, or group of buildings, in which dwelling units are owned individually and common areas and facilities are owned by all the owners in various ways as provided by state statute.

13. “Contiguous land” means two or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under different ownership. Intervening ownership includes limited access right-of-way which would deny access between the two parcels under single ownership.

14. “Council” means the legislative authority of the city of Sultan.

15. “Critical areas” means lands with environmentally sensitive characteristics, or lands which present constraints to development as addressed in the city of Sultan critical areas regulations, the city of Sultan shoreline management program, the city of Sultan flood damage prevention code and/or the FEMA Biological Opinion implementation provisions.

16. “Cul-de-sac” means a street closed at one end by a circular area of sufficient size for convenient reversal of traffic movement.

17. “Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving for him 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. Acceptance by the public shall be evidenced by council approval of the dedication document for filing.

18. “Developer” means any person, corporation, partnership or other legal entity who creates a “subdivision,” or “short subdivision,” “binding site plan,” “boundary line adjustment,” or other procedural or structural improvement of land as defined herein and Chapter 58.17 RCW.

19. “Development authorization” means authorization issued by the director that authorizes the recipient to make use of property in accordance with the requirements of this code.

20. “Development review team” means the director, the public works director, the city administrator (at the administrator’s discretion) and such other staff members as the administrator and/or the directors determine to be appropriate to participate in preapplication conferences and other development review processes as provided by this title.

21. “Director” means the person to whom the city administrator assigns the primary responsibility of administering and enforcing this code. The terms “administrator,” “zoning administrator,” “staff” or “planning staff” are sometimes used interchangeably with the term “director.” “Director” includes his/her designee.

22. “Sultan annual fee schedule” means the then-current version of the Sultan fee schedule adopted annually by the city council to establish permit fees, deposits, impact fees and other charges for services and facilities provided by the city.

23. “Grade (ground level)” means the average of the finished ground level on each exterior wall of the building.

24. “Hearing examiner” means the hearing examiner appointed by the city council to hear quasi-judicial applications and render decisions on those applications.

25. “Improvements” means street grading or graveling, permanent street and corner monuments, street pavement, curbs and sidewalks, pedestrian ways, water mains, storm and sanitary sewers and other required or necessary facilities.

26. “Lot” means a designated parcel, tract, or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.

27. Lot, Corner. “Corner lot” means a lot with two adjacent sides fronting on public right-of-way. A corner lot has one primary front yard which will be the address assignment frontage and shall be subject to a full front yard setback as provided for the applicable zone in SMC Title 16. The secondary front yard is on the other frontage side of the property and shall be subject to a secondary setback for corner lots as provided in the applicable zone in SMC Title 16.

28. Lot, Double-Frontage. “Double-frontage lot” means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. Also known as a through-lot.

Figure 19.04.020-1 Lot Terminology

29. Lot, Flag. “Flag lot” means a lot only a narrow portion of which fronts on a public/private street and where access to that street is across that narrow portion for the exclusive use of that lot only.

30. “Lot frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to public streets shall be considered frontage.

31. Lot, Interior. “Interior lot” means a lot other than a corner lot.

Figure 19.04.020-2 Lot Types Depicted

32. “Monument” means an object used to permanently mark a surveyed location. The size, shape and design of the monument are to be in accordance with standards specified by the Washington State Director of Natural Resources as authorized by Chapter 58.17 RCW.

33. “Parcel” is synonymous with “lot.”

34. “Person” means every natural person, firm, partnership, association or corporation.

35. “Plat” means a map or graphic representation of a short subdivision, a subdivision, or binding site plan showing thereon the division of a tract or parcel of land into lots, blocks, streets, alleys, easements or other divisions and dedications.

36. “Private lane” means a privately owned and maintained access to property from a public right-of-way.

37. “Right-of-way” means the platted portion of a development for purposes of a street or alley for vehicular and/or pedestrian traffic.

38. “SEPA” means State Environmental Policy Act.

39. “Short subdivision” means the division of land into nine or fewer lots, tracts or parcels for the purpose of sale or lease or transfer of ownership, as defined in Chapter 58.17 RCW.

40. “Street” means the entire width between the boundary lines of every way for the purposes of vehicular and pedestrian traffic and including the terms “road,” “highway,” “lane,” “place,” “avenue” or other similar designations.

41. Street, Arterial. “Arterial street” means a street primarily for fast through and heavy traffic, minimizing intersecting streets and direct access to abutting properties and primarily for the purpose of accommodating general traffic circulation of the community. Arterial streets are designated in the Sultan comprehensive plan.

42. Street, Collector. “Collector street” means a street which carries traffic from residential streets to one or more arterial streets. Collector streets are designated in the Sultan comprehensive plan.

43. Street, Residential. “Residential street” means a street which primarily provides the principal means of access to abutting property.

44. “Subdivision” means the division of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership and shall include all re-subdivision of land.

45. “Turnaround” means the turnaround area of a cul-de-sac having sufficient size and shape for convenient reversal of traffic movement.

46. “Utility” means an agency or business which provides necessary services to the public and includes services such as telephone, gas, electric power, railroad, television cable, water and sewer.

47. “Utility facilities” means any structure operated by a utility for the purpose of distributing services to customers including switching or secondary transmission facilities. Utility facility does not include administrative offices, fleet parking lots or other support services not directly connected with service delivery.

48. “Wetlands” means lands with environmentally sensitive characteristics related to permanent or transient presence of water as addressed in the city of Sultan critical areas regulations and/or the city of Sultan shoreline management program. (Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 3; Ord. 1144-12 § 2 (Exh. A))