Chapter 16.08 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.010 Access corridor.

“Access corridor” means a private easement providing primary access from a public right-of-way to a lot, parcel or tract of land. Such corridors shall meet applicable requirements of Chapter 16.32 regarding access corridors. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.015 Administrator.

“Administrator” means the city of Brewster city superintendent or his/her designee or other person designated by the mayor and approved by the city council. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.020 Alley.

“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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.025 Block.

“Block” means a group of lots, within a plat. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.030 Buildable lot.

“Buildable lot” means a lot upon which the city of Brewster will issue a building permit in accordance with zoning and other applicable regulations. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.033 City attorney.

“City attorney” means the attorney appointed by the mayor to serve as the city’s official legal counsel. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.035 City council.

“City council” means the legislative authority of the city of Brewster. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.040 Comprehensive plan.

“Comprehensive plan” means the current comprehensive plan of the city of Brewster, adopted by the city council pursuant to state law. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.043 Consulting engineer.

“Consulting engineer” means the engineering firm selected by the city and appointed by the mayor as the city’s official engineer. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.045 County auditor.

“County auditor” means the Okanogan County auditor. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.050 County treasurer.

“County treasurer” means the Okanogan County Treasurer. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.055 Cul-de-sac.

“Cul-de-sac” means a short street having one end open to traffic and being permanently terminated by a vehicle turnaround 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 extended. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.060 Dedication.

“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 presentment for filing by the owner 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.065 Development guidelines and standards.

“Development guidelines and standards” means those design standards outlined in this title, the Brewster zoning ordinance and any other standards set forth in the Brewster Municipal Code as they now exist or may be hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.070 Division of land.

For purposes of this title, “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 parent 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.075 Easement.

“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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.080 Final approval.

“Final approval” means the final official action taken by the planning agency and the city council on the final plat, subdivision, or dedication or portion thereof, that has previously received preliminary approval. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.085 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 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.090 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 the ordinance codifying this title, or constitutes a prior division of land as defined in Section 16.08.125. If a deed requires a determination whether separate units of property are in fact described therein, application for prior division exemption shall be made in the same manner prescribed for contracts in Section 16.08.125. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.095 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. The term shall include tracts or parcels. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.098 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.100 Parent parcel.

“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/or all lawfully established lots, parcels or tracts since that time. It is from said “parent parcel” that all subsequent lots, parcels or tracts are created. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.105 Planning agency.

“Planning agency” means the Brewster city planning agency. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.110 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 divisions and dedications. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.115 Preliminary approval.

“Preliminary approval” means the official action taken on the preliminary plat, subdivision or dedication by the planning agency. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.120 Preliminary plat.

“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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.125 Prior division of land.

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

A. A division initiated by sale, lease, transfer or option contract executed prior to the effective date 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;

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

C. A taxation parcel of any size which was created prior to the effective date 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;

D. 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;

E. A division of land created by a public right-of-way traversing the land. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.130 Private road.

“Private road” means every way or place in private ownership 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; such roads are not maintained by the city of Brewster or any other public agency (government unit). (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.135 Recording form.

“Recording form” means a short or final plat as required per provisions of this title for filing with the Okanogan County auditor. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.140 Road.

“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, 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. 626 § 2 (Exh. A) (part), 1995)

16.08.145 Service drive.

“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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.150 Short plat.

“Short plat” means the drawing of a short subdivision 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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.155 Short subdivision.

“Short subdivision” means the division or redivision of land into nine 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 for any lot created through use of Section 16.12. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.160 Sketch plat.

“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. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.165 Subdivider.

“Subdivider” means a person or persons, including a corporation, partnership, or other association or entity, who owns and undertakes to create, alter or expand a subdivision or short subdivision. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.170 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, except as provided in Section 16.08.155 herein. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.08.175 Zoning/zoning code.

“Zoning/zoning code” means Title 17 of the Brewster Municipal Code. With regard to zoning related matters such as lot size, etc., all regulations of this code must be consistent with the zoning code. (Ord. 626 § 2 (Exh. A) (part), 1995)