Chapter 16.08 DEFINITIONS

For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense shall include the future; the singular tense shall include the plural and the plural the singular; the word “shall” is always mandatory, and the word “may” denotes a use of discretion. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.01, 1980].

16.08.015 Access.

“Access” means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave the property. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.020 Alley.

“Alley” means a passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation, the standards for which are included in the “City of Castle Rock Engineering Standards for Public Works Construction.” [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.03, 1980].

16.08.024 As-built drawings or plans.

“As-built drawings or plans” means revised construction plans in accordance with all approved field changes reflecting the improvements on the site as they actually exist. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.028 Binding site plan.

“Binding site plan” as defined in RCW 58.17.020 means a drawing to a scale specified by local ordinance which: (A) identifies and shows the areas and location of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (B) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the Castle Rock city council; and (C) contains provisions making any development be in conformity with the site plan. For the purposes of this title, a binding site plan also means a survey together with a developer agreement which, when approved and recorded as required by this title, provides a method of land division for the purpose of sale or lease of property including condominiums. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.030 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.04, 1980].

16.08.035 Boundary line adjustment.

“Boundary line adjustment” means a division of land for the purpose of alteration by minor adjustment of boundary lines, between platted or unplatted lots or parcels or both, which does not create an additional lot, tract, parcel, building site, or division nor creates any lot, tract, parcel, building site, or division which contains insufficient area or dimension to meet the minimum requirements for width or area for a building site. Boundary line adjustments are to be used to consolidate lots and resolve minor boundary line problems between two parcels of land, such as discrepancies found as a result of a boundary survey. Boundary line changes that alter the underlying plat pattern such as changing the general direction of lot lines or lot access are not boundary line adjustments. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.040 City officials.

A. “City” means Castle Rock, Washington.

B. “Council” means the council of the city of Castle Rock.

C. “City planner” means the city planner of the city.

D. “Commission” means the planning commission of the city.

E. “Engineer” means the city engineer of the city.

F. “Health officer” means the Cowlitz County health department.

G. “Building inspector” means the building inspector of the city. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.07, 1980].

16.08.050 Comprehensive plan.

“Comprehensive plan” means coordinated plans for the physical development of the city, designating, among other things, plans and programs to encourage the most appropriate use of land and to lessen congestion throughout the city in the interest of public health and safety. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.05, 1980].

16.08.060 Condominium subdivision.

“Condominium subdivision” means a subdivision with co-ownership or cooperative ownership of common property as defined within Chapter 64.32 RCW. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.06, 1980].

16.08.063 Contiguous.

“Contiguous” means next to, abutting, or touching, and having a shared boundary, or portion thereof. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.065 Covenant.

“Covenant” means a clause in a contract; a promise; an agreement contained in a deed for the performance or nonperformance of certain acts or the use or nonuse of property. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.070 Dedication.

“Dedication” means an appropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public. Intention to dedicate shall be evidenced by the owner by the presentment for filing of a final 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. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.08, 1980].

16.08.080 Direct access.

“Direct access” means the right vested in the owner or lessee of land which adjoins a road or other highway to ingress or egress from his or her land to the public road. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.02, 1980].

16.08.090 Easement.

“Easement” means a right of usage of real property granted by an owner to specific persons, firms, corporations, or the public. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.09, 1980].

16.08.096 Final plat.

“Final plat” is a precise final drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all conditions of the preliminary approval and meets the requirements of the Cowlitz County auditor for recording. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.100 Frontage.

“Frontage” denotes line of property on the fronting street or extent of front along a road or street. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.10, 1980].

16.08.110 Grade.

“Grade” means a slope specified in feet per feet or in a percentage. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.11, 1980].

16.08.120 Homeowners’ association.

A “homeowners’ association” is deemed to be the grouping or uniting of persons owning real property within a defined area into an incorporated entity, with charter for the prosecution of a common enterprise. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.12, 1980].

16.08.125 Improvements.

“Improvements” means street grading or graveling, permanent street and corner monuments, street pavement, curbs and sidewalks, pedestrian ways, water mains, storm and sanitary sewers, street lights, and other required or necessary facilities. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.130 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. The term includes tracts or parcels. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.13, 1980].

16.08.134 Lot area.

“Lot area” means the total horizontal area within the boundary lines of a lot, excluding any street right-of-way or access easement. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.136 Lot consolidation.

“Lot consolidation” means a process used for the purpose of consolidating boundary lines between platted or unplatted lots or both, which does not create any additional lots, tracts, parcels, or sites, and combines them into one building site. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.140 Lot, double frontage.

“Double frontage lot” means a lot with street frontage along two opposite boundaries. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.14, 1980].

16.08.150 Lot, reverse frontage.

“Reverse frontage lot” means a double frontage lot for which the boundary along one of the streets is established as the rear lot line, and over the rear of which is a utility easement. The rear lot line of the lot shall be that boundary abutting a primary arterial, railroad right-of-way, or other disadvantageous use. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.15, 1980].

16.08.154 Lot, flag.

“Flag lot” means a lot not meeting minimum frontage requirements and where access to the public road is by a private driveway. Flag lots shall be a minimum of 20 feet and meet the driveway separation requirements of the “City of Castle Rock Engineering Standards for Public Works Construction.” [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.156 Lot width.

“Lot width” is the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.160 Master plan.

“Master plan” means that map, sketch, or other presentation filed with the city clerk-treasurer showing the ultimate development pattern of a parcel of property that is to be developed in successive stages or subdivisions. The plan need not be completely engineered but shall be of sufficient detail to illustrate the property’s inherent features and probable development pattern thereon. The master plan will, therefore, be used as a guide in each successive stage of the development until its completion. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.16, 1980].

16.08.162 Monument.

“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 in Chapter 58.09 RCW, the Survey Recording Act. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.164 Net buildable area.

“Net buildable area” means the area of a parcel of land, less the area devoted to streets, roads, or alleys, whether public or private. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.166 Original tract.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.167 Open space.

“Open space” means the portion of the subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.168 Park/recreation area.

“Park/recreation area” means that portion of a site which is reserved for parks and playgrounds or other recreational purposes. Park/recreation areas do not include land occupied by structures, roads, road rights-of-way or parking areas or the yards or lots of residential units. Recreational uses may contain impervious surfaces. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.170 Plat.

“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. The “final plat” is that map or representation presented to the city council by the developer after completion of the terms and conditions required by the council for subdivision of lands. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.17, 1980].

16.08.180 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 restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.18, 1980].

16.08.190 Protective covenant.

“Protective covenant” means a declaration by the owner which binds the land for the completeness, security, and continuance of the declared purposes. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.19, 1980].

16.08.200 Right-of-way.

A “right-of-way” is held to be a strip of land within which is located a passageway. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.20, 1980].

16.08.210 Road, private.

“Private road” means a roadway intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.21, 1980].

16.08.220 Road, public.

“Public road” means a highway or roadway established and adopted by the proper authorities for the use of the general public, and over which every person has a right to pass and use for all purposes of travel or transportation for which it is adopted and developed. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.22, 1980].

16.08.230 Roadway.

“Roadway” means that portion of a street or alley right-of-way that is set aside for vehicular traffic. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.23, 1980].

16.08.234 Short plat.

“Short plat” means the map or representation of a short subdivision which conforms to the requirements of this title. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.236 Short subdivision.

“Short subdivision” is 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. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].

16.08.240 Site.

“Site” means a plot of ground suitable or set apart for some specific use. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.24, 1980].

16.08.250 Street, access.

“Access street” means a street, usually of limited continuity, which serves primarily to provide access to abutting property. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.25, 1980].

16.08.260 Street, arterial.

“Arterial streets” connect major traffic generators and are designated for the purpose of moving high volumes of traffic. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.26, 1980].

16.08.270 Street, cul-de-sac.

“Cul-de-sac street” means a short street having one end open to traffic and the other end permanently terminated and providing a vehicular turnaround. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.27, 1980].

16.08.280 Street, loop.

“Loop street” means an access street of limited length which generally follows a “U” alignment with both legs intercepting the same street. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.28, 1980].

16.08.290 Subdivider.

“Subdivider” means any person, firm, or corporation undertaking the subdivision or resubdividing of any parcel of land. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.29, 1980].

16.08.300 Subdivision.

“Subdivision” means the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and includes all resubdivision of land. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 2.30, 1980].

16.08.310 Title certificate.

“Title certificate” means a title report or plat certificate issued by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].