Chapter 14.10


14.10.010    Scope and construction of terms.

14.10.020    Definitions.

14.10.010 Scope and construction of terms.

A.    Words, phrases and terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless a different meaning clearly appears from the context.

B.    Reference in this title to any council, commission, committee, body, group, agency, department, office, official or municipal employee shall mean such entity of the city of Yakima except where otherwise stated or required by context.

C.    When consistent with the context, words and phrases used herein shall include the past, present and future tenses; the masculine, feminine and neuter genders; and the singular and plural.

D.    The word “may” as used herein is permissive and authorizes use of discretion in making a decision; the word “shall” as used herein is mandatory, allowing no discretion, and requires the specified action or result. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.10.020 Definitions.

“Administrator” means the director of community and economic development or his/her designee.

“Alley” means a public right-of-way used primarily as a secondary means of access to residences and business establishments.

“Binding site plan” means a drawing at a scale of one inch equals one hundred feet which:

A.    Identifies and shows the areas and locations of all streets, utilities, open spaces, and improvements required by law or as conditions of approval.

B.    Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city of Yakima.

C.    Contains provisions acceptable to the city of Yakima that will ensure that development and land use of the site will conform to the approved site plan.

D.    Meets the requirements of YMC Chapter 14.35.

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

“City” means the city of Yakima, Yakima County, Washington.

“Comprehensive plan” means the general plan of the city of Yakima codified at YMC 1.42.070, together with amendments and supplements thereto which have been or may hereafter be adopted by the Yakima city council.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself 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 or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of a short plat by the administrator or by approval of a final plat by the Yakima city council.

“Development agreement” means an agreement between the owner(s) of property and the city of Yakima pursuant to RCW 36.70B.170 to 36.70B.210, or as such statutes may be supplemented or amended.

“Divide” means any action or transaction, 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 by this chapter. The sale of a condominium unit or rental or lease of a building, facility or structure that does not alter or affect the legal description of an owner’s “land” shall not constitute a division.

“Double frontage lot” means a lot having frontage on two parallel or approximately parallel streets other than alleys.

“Easement” is a dedication by a property owner to specific persons or to the public to enter onto, cross, or otherwise to use land for a specific purpose or purposes.

“Final plat” means the final drawing of an approved subdivision and any associated dedication prepared for filing for record with the Yakima County auditor which conforms to the requirements of this title.

“Land” means a lot or parcel of real property.

“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.

“Parcel” means a unit of land having defined boundaries and not shown on an officially recorded final plat or short plat.

“Person” means an individual, firm, partnership, corporation, company, association, syndicate or any other legal entity, including a trustee, receiver, assignee, or representative thereof.

“Preliminary plat” is 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. See Chapter 14.20 for additional requirements of preliminary plats.

“Prior division” means any of the following:

A.    A division initiated by sale, lease, transfer or option contract executed prior to December 9, 1978, 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 separate units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior divisions of land only if each conforms with city of Yakima urban area zoning ordinance (YMC Title 15) lot size and width requirements in effect at the time of application.

B.    A taxation parcel of any size which is surrounded by divisions of land as defined by subsection A of this section.

C.    A taxation parcel of any size which was created prior to November 9, 1978, 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 shall not be afforded the status of prior divisions for subdivision purposes. Examples of taxation parcels created solely for tax purposes include senior citizen segregations; special district segregations; deed of trust or mortgage segregations administratively affected by one other than the landowner or agent; and segregations for tax exemption purposes.

D.    A taxation parcel created in the assessor’s office for description purposes because of section lines if it conforms with the city of Yakima urban area zoning ordinance (YMC Title 15) lot size and width requirements in effect at the time of application for exemption.

E.    A parcel of land that is physically separated by a road, canal or the like when the road, canal, etc., is owned by other than the landowner.

“Right-of-way” means land dedicated to public use and maintained for existing or future public access.

“Short plat” means the map or representation of a short subdivision that conforms to the requirements of this title.

“Short subdivision” means the division or redivision of land into nine or fewer lots for the purpose of sale, lease, or transfer of ownership in the present or future except as provided in YMC 14.05.160 and 14.05.170.

“Subdivision” means the division or redivision of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the present or future except as expressly exempted by this title.

“Subdivision applicant” means any person, as defined in this chapter, who undertakes to create a subdivision or short subdivision pursuant to the requirements of this title.

“Survey monument” means a physical object marking a survey corner installed by a registered land surveyor of the state of Washington as a result of a land survey and in accordance with the standards established by RCW 58.17.240. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998. Formerly 14.10.020—14.10.240).