Chapter 17.06 DEFINITIONS

“Alley” means a strip of land dedicated to public use providing vehicular access to the rear side of properties which abut and have access to a public road or street. (Ord. 681 § 2, 1996)

17.06.020 Aggrieved person.

“Aggrieved person” means:

A. Any person adversely affected by the decision of the planning commission or council;

B. Any governmental unit that is a party to or has submitted comments on any action before the commission and contends the fulfillment of its governmental responsibilities is threatened by the action of the commission or council. (Ord. 681 § 2, 1996)

17.06.030 Area.

“Area” means the total unit of land identified for a subdivision for purposes of calculating intensities, densities, and land uses. (Ord. 681 § 2, 1996)

17.06.040 Block.

“Block” means an area of land within a subdivision that is entirely bounded by rights-of-way (other than alleys), physical barriers, or exterior boundaries of the subdivision. (Ord. 681 § 2, 1996)

17.06.050 Block length.

“Block length” means the distance between intersections of through streets, measured between the right-of-way lines of the intersecting streets, which distance is the longest dimension of a block. (Ord. 681 § 2, 1996)

17.06.055 Bond.

“Bond” means a satisfactory security to insure performance and/or warranty as approved by the city attorney. (Ord. 681 § 2, 1996)

17.06.060 Boundary survey map.

“Boundary survey map” means a map depicting the exterior boundaries of a legally created lot, parcel or tract, and includes a map correcting a boundary survey map. (Ord. 681 § 2, 1996)

17.06.065 Building setback line.

“Building setback line” means a line established as the minimum distance a building may be located from any property line. (Ord. 681 § 2, 1996)

17.06.070 Certification of compliance.

“Certification of compliance” means a written response to the short plat administrator from the appropriate department or a signature on the face of the short plat which indicates conformance of conditions of approval and/or policies and regulations applicable to said department. (Ord. 681 § 2, 1996)

17.06.075 Certification of exemption.

“Certification of exemption” means a standard form which serves to notify the building department of the city whether or not a building permit may be issued or issued per conditions of approval for the parcel of land described in the certificate exemption form. (Ord. 681 § 2, 1996)

17.06.080 City.

“City” means the incorporated limits of the city of Deer Park, Washington. (Ord. 681 § 2, 1996)

17.06.085 Common space.

“Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development or subdivision, and designed and intended for the use of enjoyment of residents and or the general public. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the development. (Ord. 681 § 2, 1996)

17.06.090 Comprehensive plan.

“Comprehensive plan” means the overall long-range planning guide for development of the city which includes goals and policies, future land use, transportation and community facilities plans, as they might be adopted and amended. (Ord. 681 § 2, 1996)

17.06.095 Comprehensive sewer system plan.

“Comprehensive sewer system plan” means the plan for the public sewer system within the service area which has been established by the council. (Ord. 681 § 2, 1996)

17.06.100 Comprehensive water system plan.

“Comprehensive water system plan” means the plan for the public water system within the critical water supply service area which has been established by the council. (Ord. 681 § 2, 1996)

17.06.105 Council.

“Council” means the Deer Park city council. (Ord. 681 § 2, 1996)

17.06.110 Crosswalk.

“Crosswalk” means a public right-of-way, 10 feet or more in width, which provides pedestrian passage through a street. (Ord. 681 § 2, 1996)

17.06.115 Cross-slope.

“Cross-slope” means the slope of the roadway in percent from the centerline to either shoulder at right angles (90°) to the direction of travel (calculated as: centerline elevation minus shoulder elevation, divided by one-half the roadway width, multiplied times 100). (Ord. 681 § 2, 1996)

17.06.120 Cultural resources.

“Cultural resources” means those buildings, structures, objects, sites or districts which have been proposed or identified as either archaeological sites and historic and/or architectural properties by the Spokane County historic preservation office or historic inventory. (Ord. 681 § 2, 1996)

17.06.125 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general or public uses reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses which the property has been devoted. The owner’s intention to dedicate shall be evidenced by presentation for filing of a plat showing the dedication thereon; and such acceptance by the public shall be evidenced by the approval of such plat for filing by the Spokane County auditor. (Ord. 681 § 2, 1996)

17.06.130 Division of land.

“Division of land” means any conveyance, not otherwise exempt as provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of any owner’s land. (Ord. 681 § 2, 1996)

17.06.140 Easement.

“Easement” means a grant of the use of land by the owner of the property or to other designated persons for specific purposes. (Ord. 681 § 2, 1996)

17.06.150 Engineer.

“Engineer” means a registered, professional, civil engineer authorized to practice engineering in the state of Washington. (Ord. 681 § 2, 1996)

17.06.155 Flood control zone.

“Flood control zone” means an area determined by an engineering study, to be the channel of a water course and those portions of the adjoining floodplains or inundation area which are reasonably required to carry and discharge flood waters. (Ord. 681 § 2, 1996)

17.06.160 Flood hazard area or floodplain.

“Flood hazard area” or “floodplain” means a shoreland and/or inundation area determined by an engineering study which has been or is subject to flooding and is a natural corridor for water which has accumulated from snow melt or from heavy rainfall in a short period. (Ord. 681 § 2, 1996)

17.06.165 Flood (100-year).

“Flood (100-year)” means a flood which is representative of large floods known to have occurred and reasonably characteristic of the magnitude of flood which can be expected to occur on an average frequency of once in 100 years. (Ord. 681 § 2, 1996)

17.06.170 Geological hazard.

“Geological hazard” means any hazard which may damage persons or property. Such hazards would include but not be limited to slides, slippage or instability of earth, rock and soil, as determined by a competent engineering study. (Ord. 681 § 2, 1996)

17.06.172 Homeowners association.

“Homeowners association” means an incorporated, nonprofit organization operating under recorded land agreements through which:

A. Each lot owner is automatically a member; and

B. Each lot is automatically subject to charge for a proportionate share of the expense for the organization’s activities, such as maintaining common property; and

C. A charge, if unpaid, becomes a lien against the property. (Ord. 681 § 2, 1996)

17.06.175 Hydrologic hazard.

“Hydrologic hazard” means the presence of surface or groundwater which may cause serious local variations to normal water conditions to the extent that the public safety, health and general welfare is jeopardized as determined by engineering studies or the Spokane County health district. (Ord. 681 § 2, 1996)

17.06.180 Improvements.

“Improvements” means any construction incident to servicing or furnishing facilities for a subdivision including, but not limited to, grading, streets, street surfacing, curbs, gutters, driveway approaches, sidewalks, crosswalks, water mains and lines, sanitary sewers, culverts, drains, bridges, utilities, and any other items which are appurtenant to construction, or which constitute any part of a physical betterment to real property. (Ord. 681 § 2, 1996)

17.06.185 Inundation.

“Inundation” means a rise in a groundwater level, stream’s flow or lake or pond level that results in flooding. (Ord. 681 § 2, 1996)

17.06.187 Land owner.

“Land owner” means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development; a contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of this title. (Ord. 681 § 2, 1996)

17.06.190 Land use plan.

“General land use plan” means an element of the city’s comprehensive plan which identifies the general types and dispersion of land use. (Ord. 681 § 2, 1996)

17.06.195 Legal access.

“Legal access” means access over a roadway, having a width of at least 20 feet and constructed in accordance with official construction standards approved by the municipality. (Ord. 681 § 2, 1996)

17.06.197 Legal ownership.

“Legal ownership” means the proprietary interest of a land owner as defined in DPMC 17.06.187. (Ord. 681 § 2, 1996)

17.06.200 Lot.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area, frontage and dimension to meet minimum zoning requirements for use, width and area. The term shall include tracts or parcels. (Ord. 681 § 2, 1996)

17.06.205 Lot depth.

“Lot depth” means the mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Ord. 681 § 2, 1996)

17.06.210 Lot frontage.

“Lot frontage” means the length of property abutting on one side of a street or place, measured along the dividing line between the property and the street or place. (Ord. 681 § 2, 1996)

17.06.215 Lot width.

“Lot width” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. (Ord. 681 § 2, 1996)

17.06.220 Mean low water mark.

“Mean low water mark” means the approximate location on the adjoining land of a river, stream, lake or pond as determined by the midpoint elevation of the water body’s lowest annual surface elevation as observed or measured over a period of several recent years. (Ord. 681 § 2, 1996)

17.06.225 Monument.

“Monument” means a permanent survey control point. (Ord. 681 § 2, 1996)

17.06.230 Municipality.

“Municipality” means the city of Deer Park. (Ord. 681 § 2, 1996)

17.06.235 Official road map.

“Official road map” means the map on which the planned locations of roads (streets) are indicated which shall be an element of the comprehensive plan. (Ord. 681 § 2, 1996)

17.06.240 Ordinary high water mark.

“Ordinary high water mark” means that mark on all lakes, streams or water bodies that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition existed on June 1, 1973, or as it may naturally change thereafter. (Ord. 681 § 2, 1996)

17.06.245 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 on the effective date of the ordinance codified in this title and the configuration of which may be determined by the fact that all lands abutting said tract is separately owned by others. (Ord. 681 § 2, 1996)

17.06.250 Ownership interest.

“Ownership interest” means having property rights as a fee owner, contract purchaser, mortgagee, deed of trust beneficiary or grantor. (Ord. 681 § 2, 1996)

17.06.255 Parcel.

“Parcel” means a portion of a larger plot of land. (Ord. 681 § 2, 1996)

17.06.260 Person.

“Person” means an individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture affiliated ownership. The word “person” also means a municipality, county, or state agency. (Ord. 681 § 2, 1996)

17.06.265 Planning commission.

“Planning commission” means the Deer Park planning and zoning commission. (Ord. 681 § 2, 1996)

17.06.270 Planning department.

“Planning department” means the department of the Deer Park city government responsible for enforcement of zoning and building codes within the city of Deer Park. (Ord. 681 § 2, 1996)

17.06.275 Planned unit development (PUD).

“Planned unit development (PUD)” means a flexible, alternative type subdivision planned and developed as a single entity, which allows reasonable deviations from normal requirements; provided the total concept is consistent with general municipal policy. See Chapter 17.36 DPMC. (Ord. 681 § 2, 1996)

17.06.280 Planting strip.

“Planting strip” means a strip of land between the roadway and the sidewalk or sidewalk site. (Ord. 681 § 2, 1996)

17.06.285 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. (Ord. 681 § 2, 1996)

17.06.290 Plat certificate.

“Plat certificate” means a title report prepared by a title company for the property contained in a proposed subdivision or short subdivision, to include, as a minimum, all owners of record, easements and encumbrances affecting said property. (Ord. 681 § 2, 1996)

17.06.295 Plat, final.

“Final plat” means the final permanent reproducible drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing the elements and requirements set forth in state law and in this title. (Ord. 681 § 2, 1996)

17.06.300 Plat, preliminary.

“Preliminary plat” means an accurate drawing by a professional civil engineer or land surveyor of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and existing and proposed easements 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. 681 § 2, 1996)

17.06.305 Plat, short.

“Short plat” means a map of a short subdivision. (Ord. 681 § 2, 1996)

17.06.310 Plat, sketch.

“Sketch plat” means an informal sketch preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the planning department as to the form of the plat and the objectives of these regulations. (Ord. 681 § 2, 1996)

17.06.320 Platting authority.

“Platting authority” means the entity granted the power to rule on a request or application under this title and includes the planning director, the planning commission and/or city council. (Ord. 681 § 2, 1996)

17.06.325 Platting variance.

“Platting variance” means any allowed deviation from the stated conditions of this title. (Ord. 681 § 2, 1996)

17.06.330 Public area.

“Public area” means an area or areas within a subdivision available for use by the general public. (Ord. 681 § 2, 1996)

17.06.335 Replat or resubdivision.

“Replat” or “resubdivision” means the further division of land within a recorded plat or short plat into five or more lots, tracts, parcels, sites or divisions; or any further division of land within a short plat made within a period of five years from the date of recording of the short plat. (Ord. 681 § 2, 1996)

17.06.340 Right-of-way.

“Right-of-way” means a public or recorded private thoroughfare which affords primary means of access to abutting property. A recorded private thoroughfare may be a recorded easement for ingress or egress or a platted street designated as a private thoroughfare for access of abutting property but for which the city assumes no responsibility of ownership or maintenance and is available for use to the abutting property owners only. (Ord. 681 § 2, 1996)

17.06.345 Roadway.

“Roadway” means the portion of a street designated for vehicular traffic, and where curbs are laid, the portion between the curbs. (Ord. 681 § 2, 1996)

17.06.350 Screening easement.

“Screening easement (buffer and landscape areas)” means a strip or parcel of land for the purpose of insulating land uses against the adverse effects of adjacent land uses, providing a wind screen, filtering dust, muffling noise, deterring glare, and reducing soil erosion. The easement shall be at least 20 feet in width. (Ord. 681 § 2, 1996)

17.06.355 Shall, may.

“Shall” is synonymous with “will” and is always mandatory and not discretionary; the word “may” is permissive. (Ord. 681 § 2, 1996)

17.06.360 Short plat administrator.

See DPMC 17.06.410. (Ord. 681 § 2, 1996)

17.06.365 Sidewalk.

“Sidewalk” means an improved right-of-way for pedestrian circulation that is part of the street right-of-way. (Ord. 681 § 2, 1996)

17.06.370 Site plan.

“Site plan” means a drawing to scale specified by local ordinance and which:

A. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by local regulations; and

B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan. (Ord. 681 § 2, 1996)

17.06.375 Spokane County health district.

“Spokane County health district” is as defined by Chapter 70.08 RCW, as it now exists or is hereafter amended. (Ord. 681 § 2, 1996)

17.06.380 State.

“State” means the state of Washington. (Ord. 681 § 2, 1996)

17.06.385 State Environmental Policy Act (SEPA).

“State Environmental Policy Act (SEPA)” is as defined by Chapter 43.21C RCW, as it now exists or is hereafter amended. (Ord. 681 § 2, 1996)

17.06.390 Street.

“Street” means a right-of-way more than 20 feet in width which provides the principal means of access to abutting property for persons, vehicles and utilities. For the purposes of this definition, street and road are interchangeable in their meaning.

A. “Arterial, collector” means that which provides a trafficway between local access streets and secondary arterials, providing a high proportion of local traffic access to abutting land uses.

B. “Arterial, major” means the highest level of city street or road providing a trafficway for through traffic, linking together freeways, large traffic generators and other major arterials with a minimum of direct access to abutting land uses.

C. “Arterial, secondary” means the second highest level of street or road providing a trafficway between collector arterials and major arterials, providing more direct service to abutting land areas than major arterials.

D. “Collector street” means that which carries traffic from minor streets to the major street system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within the development.

E. “Cul-de-sac street” means a local street of short length having only one outlet with provisions for a turnaround at its termination, and which is not intended to be extended or continued to serve future subdivisions or adjacent land.

F. “Half-street” means a half-width street constructed immediately adjacent to an exterior boundary of a subdivision in cases where the remaining half is to be constructed by the adjacent property owner. Roadway structure is to be as required for the full dimensioned street classification (arterial, collector, etc.) required by the location of the property line.

G. “Local access street,” also called “minor street” means that which is used primarily for access to abutting properties.

H. “Marginal access road” means a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

I. “Place” means a local access street not intended to be extended or to serve adjacent land. “Place” differs from “cul-de-sac” streets in that a street defined as a “place” may contain more than one outlet.

J. “Street width” means the shortest distance between the lines delineating the right-of-way of streets.

K. “Street, private” means a recorded easement for ingress and egress or a platted street designated as a private thoroughfare for access of abutting property but for which the city assumes no responsibility of ownership or maintenance.

L. “Street, public” means a public thoroughfare which has been dedicated or deeded to the public to be used for street purposes and which has been improved, accepted and is maintained by the city road department or other governmental agency, or for which reasonable assurances have been provided to the city to guarantee the street will be improved to city standards for establishment as a city road. Also included in this definition are county roads, state highways and other state controlled roadways.

M. “Stub street” means a dead-end local street which provides for eventual extension of the street onto unplatted or undeveloped land. (Ord. 681 § 2, 1996)

17.06.395 Structure.

“Structure” means anything that is constructed or erected and located on or under the ground, or attached to something fixed to the ground. (Ord. 681 § 2, 1996)

17.06.400 Subdivider.

“Subdivider” means a person who holds any legal or equitable interest in land who undertakes to create a subdivision. The term also includes all heirs, assigns, or successors in interest, or representatives of the subdivider. (Ord. 681 § 2, 1996)

17.06.405 Subdivision.

A. “Subdivision” means a division of land into five or more lots, tracts, parcels, sites or divisions if at least five of these are less than five acres in size, for the purpose of sale or lease and shall include all resubdivision of land.

B. “Cluster subdivision” means a subdivision in which the individual lots are substantially smaller than normally allowed, but overall building density remains the same as required by ordinance.

C. “Short plat subdivision” means the division of land for sale, lease, or transfer as follows:

1. Division of land into four or less lots, tracts, parcels, sites, or divisions; or

2. Division of land into lots, tracts, parcels, sites, or divisions which are five acres or more but less than 10 acres in size; or

3. Resubdivision of a recorded plat where four or less total lots are created by dividing the recorded lot or lots.

D. “Two lot administrative division” or “zero lot line subdivision,” also known as “common or party wall construction subdivision” or “twinhouse dwelling subdivision”, means a subdivision whereby parcels may be created that might not otherwise conform to minimum size standards whereby two adjacent single-family housing units may be adjoined by a common party wall. (Ord. 681 § 2, 1996)

17.06.410 Subdivision administrator.

“Subdivision administrator” means the city of Deer Park planning director or his designee and shall be vested with the duty and authority of administering the division of land under this title. (Ord. 681 § 2, 1996)

17.06.415 Surveyor.

“Surveyor” means a professional land surveyor who is registered in and has complied with the laws of the state of Washington. (Ord. 681 § 2, 1996)

17.06.420 Ten acres.

“Ten acres” means 10 acres or one-sixty-fourth of a section. (Ord. 681 § 2, 1996)

17.06.425 Threshold determination.

“Threshold determination” means the decision by a lead agency whether or not an environmental impact statement is required for a proposal. (Ord. 681 § 2, 1996)

17.06.430 Title notice.

“Title notice” means a written notice attached to the title of a parcel of land by the city of Deer Park with a recording of said notice at the Spokane County auditor’s office per a legal description of said parcel for the purpose of notifying the property owner or future property owner of particular circumstances related to said parcel, such as warning statement(s), limitation(s), restriction(s), or other. (Ord. 681 § 2, 1996)

17.06.435 Topographical hazards.

“Topographical hazards” mean any hazard concerning steep or excessive slopes in which the public health, safety and welfare is jeopardized. This condition may require special engineering measures. (Ord. 681 § 2, 1996)

17.06.440 Tract.

“Tract” means an area of land which has been defined, but has not been designated by lot and block numbers. (Ord. 681 § 2, 1996)

17.06.445 Transportation plan.

“Transportation plan” means an element of the city’s comprehensive plan which addresses transportation modes, routes, and facilities. (Ord. 681 § 2, 1996)

17.06.455 Two lot plat.

“Two lot plat” means a map or representation of a two lot administrative division, prepared by a land surveyor. (Ord. 681 § 2, 1996)

17.06.460 Unit.

“Unit” means a room or rooms connected together constituting separate, independent living quarters for a person or family, permanently or temporarily, continuously or transiently, and containing sleeping quarters with or without bathing or cooking facilities. (Ord. 681 § 2, 1996)

17.06.465 Unique environmental features.

“Unique environmental features” means any geologic, aquatic, hydrologic, botanic or wildlife habitat features identified and rated in the city of Deer Park comprehensive plan. (Ord. 681 § 2, 1996)

17.06.470 Vacation.

“Vacation” means the act of making legally void any street, right-of-way, easement, public area or other area in which the public has an interest. (Ord. 681 § 2, 1996)