Chapter 16.04
DEFINITIONS
Sections:
16.04.010 Definitions generally.
16.04.087 Cluster development.
16.04.110 Cul-de-sac (dead-end street).
16.04.120 Declaration of short subdivision.
16.04.136 Division or division of land.
16.04.183 Large lot subdivision.
16.04.195 Planned unit development.
16.04.220 Preliminary approval.
16.04.230 Preliminary (long) plat.
16.04.234 Public water system.
16.04.240 Required improvements.
16.04.245 Reverse frontage lots.
16.04.265 Sale, lease, or transfer of ownership.
16.04.267 Satellite management agency (SMA).
16.04.320 Utilities easements.
16.04.010 Definitions generally.
As used in this title, unless the context or subject matter clearly requires otherwise, the following words or phrases shall be given the meaning attributed to them by this title. The term “shall” is always mandatory and the word “may” indicates a use of discretion in making a decision. Words not specifically defined herein shall be defined by the most recent edition of the American Heritage Dictionary at the office of the Lewis County board of county commissioners. [Ord. 1169, §1,II,A, 2000]
16.04.025 Administrator.
“Administrator” means the Lewis County director of community development, or his designated representative, who is vested with the duty of administering subdivision and platting regulations within the unincorporated area of Lewis County. [Ord. 1169, §1,II,B, 2000]
16.04.030 Alley.
“Alley” is a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public street. [Ord. 1169, §1,II,C, 2000]
16.04.040 Auditor.
“Auditor” means the auditor of Lewis County, Washington. [Ord. 1169, §1,II,D, 2000]
16.04.043 Binding site plan.
“Binding site plan” means a drawing to a scale specified by this title which: (A) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title; (B) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the hearing examiner; and (C) contains provisions making any development be in conformity with the site plan. [Ord. 1269 §2, 2016; Ord. 1169, §1,II,E, 2000]
16.04.050 Block.
“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries identified in a plat filed with the county auditor. [Ord. 1169, §1,II,F, 2000]
16.04.055 Board.
“Board” means the board of Lewis County commissioners. [Ord. 1169, §1,II,G, 2000]
16.04.060 Buildable lot.
“Buildable lot” means a lot meeting all of the requirements of size, shape, frontage, sanitation, etc., contained in this title and other ordinances of Lewis County, for any specific type of development. For purposes of this title the acreage shall be measured to the centerline of any right of way fronting the lot. [Ord. 1169, §1,II,H, 2000]
16.04.070 Building line.
“Building line” means a line on a plat indicating the limit beyond which any portion of a building, structure, septic tank, etc., may not be placed. This may be applied by the subdivider or recommended by the Planning Commission when certain conditions exist which make special setbacks necessary. [Ord. 1169, §1,II,I, 2000]
16.04.080 Building site.
“Building site” means a parcel of land occupied or possible to be occupied by one main building and its accessory buildings, in a way that meets the requirements for setbacks and open space in the Lewis County Zoning Ordinance, and meets the requirements of the Lewis County Sanitary Code, and, if applicable, meets the setback and lot coverage requirements of the shoreline master program for Lewis County. [Ord. 1169, §1,II,J, 2000]
16.04.085 CARL.
“CARL” refers to the Lewis County critical areas and resources lands ordinances. [Ord. 1169, §1,II,K, 2000]
16.04.087 Cluster development.
“Cluster development” is a residential development alternative where structures are arranged in closely related groups rather than spreading uniformly over an entire tract. Building will take place at high densities in certain areas to preserve natural features in others. Cluster developments are based on the concept of density transfer where the overall density is within acceptable limits but the individual density of clusters is higher than average. [Ord. 1283 §1, 2017; Ord. 1169, §1,II,L, 2000]
16.04.090 Comprehensive plan.
“Comprehensive plan” means a plan adopted by the Board of County Commissioners as a guide to the growth and improvement of Lewis County, including modifications or refinements which may be made from time to time. [Ord. 1169, §1,II,M, 2000]
16.04.093 Conforming lot.
“Conforming lot” means any lot, tract, or parcel which complies with the minimum lot size and minimum lot width standards in accordance with the Lewis County Zoning Ordinance and the shoreline master program for Lewis County. [Ord. 1169, §1,II,N, 2000]
16.04.096 Contiguous land.
“Contiguous land” is land adjoining and touching other land and having the same owner regardless of whether or not portions of the parcels have separate tax lot numbers, or were purchased at different times, lie in different sections, are different government lots or are separated from each other by private road or private rights-of-way. See generally Sections 16.02.050 & 16.04.178 LCC. [Ord. 1169, §1,II,O, 2000]
16.04.100 County.
“County” means the county of Lewis, State of Washington. [Ord. 1169, §1,II,P, 2000]
16.04.110 Cul-de-sac (dead-end street).
“Cul-de-sac” is a street closed at one end by an area of sufficient size for turning vehicles around. [Ord. 1169, §1,II,Q, 2000]
16.04.120 Declaration of subdivision.
“Declaration of subdivision” means a document, signed by the owners and acknowledged before a notary public, which contains the following elements:
(1) Legal description of the tract being divided and all parcels contained therein;
(2) Final survey map;
(3) Any restrictive covenants;
(4) A statement by the signatory that he is in fact the owner of the property being subdivided;
(5) An agreement by the signatory to indemnify the County for all costs or damages including attorney’s fees incurred by or charged against the County as a result of the signatory not being the owner of the property being subdivided; and
(6) A statement by the owner that the subdivision is made with his free consent. [Ord. 1169, §1,II,R, 2000]
16.04.130 Dedication.
“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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 such plat for filing by the County Auditor. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character. [Ord. 1169, §1,II,S, 2000]
16.04.136 Division or division of land.
“Division” or “division of land” means a subdivision, short subdivision or large lot subdivision not otherwise exempt or provided for as a lot(s) of record within this title, which alters the legal description of any lot, tract, parcel or portion thereof. [Ord. 1169, §1,II,T, 2000]
16.04.140 Easement.
“Easement” is a right, whether created by grant or prescription, to use certain lands of another for a specific purpose or purposes. [Ord. 1169, §1,II,U, 2000]
16.04.145 Environmental health standards.
“Environmental health standards” are those rules and regulations of the Lewis County board of health for sewage disposal systems and public water supply systems. [Ord. 1169, §1,II,V, 2000]
16.04.147 Family member unit.
“Family member unit” means any habitable structure accessory to a primary residential dwelling unit either attached or detached from that residential dwelling unit for the use of immediate family members, employees of the family occupying the primary dwelling unit, or guests of the occupants of the primary dwelling unit. Such a unit shall not be leased, sold or have title otherwise conveyed, nor shall it be legally separated or subdivided from the primary residential unit. Guest homes and domestic-help living quarters, attached or detached, shall be considered family member units. [Ord. 1179 §3 (Exh. B), 2002]
16.04.150 Final approval.
“Final approval” means the final official action taken by the Board of County Commissioners, or the administrator, as applicable under the provisions of this title, on the proposed plat, subdivision or dedication or portion thereof as previously received preliminary approval. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,II,W, 2000]
16.04.160 Final plat.
“Final plat” is 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 Chapter 58.17 RCW and this title. [Ord. 1169, §1,II,X, 2000]
16.04.165 Final short plat.
“Final short plat” means the final drawing of the short subdivisions, including any dedications thereon and containing all elements and requirements adopted pursuant to this title. [Ord. 1169, §1,II,Y, 2000]
16.04.173 Frontage.
“Frontage” denotes the boundary line which abuts the principal means of access to the property. [Ord. 1169, §1,II,Z, 2000]
16.04.175 Home, model.
“Model home” is a home or homes constructed on site prior to final plat approval which may or may not be used for purposes of advertising various floor plans and styles of architecture found within a residential subdivision. [Ord. 1169, §1,II,AA, 2000]
16.04.176 Land.
“Land,” as a unit for determining subdivision, means contiguous land in one ownership. [Ord. 1169, §1,II,BB, 2000]
16.04.178 Land, contiguous.
“Land, contiguous” or “contiguous land” means land adjoining and touching other land, including such touching at a finite point, with a common owner or owners, regardless of whether or not portions of the parcels have separate tax parcel numbers, were purchased at different times, lie in different sections, are government lots or are separated from each other by roads or rights-of-way, unless such roads are under the jurisdiction of and maintained by a city, town, county, the state of Washington or the federal government. See also, Section 16.04.096 LCC. [Ord. 1169, §1,II,CC, 2000]
16.04.180 Lot.
“Lot” is 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. [Ord. 1169, §1,II,DD, 2000]
16.04.183 Large lot subdivision.
“Large lot subdivision” means the division of contiguous land, for purposes of sale, lease or transfer of ownership, into two or more lots, all of which are five acres or one-one hundred twenty-eighth of a section of land or larger, and any one of which is smaller than 20 acres or one-thirty second of a section of land. [Ord. 1169, §1,II,EE, 2000]
16.04.184 Nonconforming lot.
“Nonconforming lot” means any lot, tract, or parcel which does not comply with the minimum lot size and minimum lot width standards in accordance with the Lewis County zoning code in Title 17 LCC and the shoreline master program for Lewis County. [Ord. 1169, §1,II,FF, 2000]
16.04.185 Open space.
“Open space” means land having value for the following: (A) Parks and recreation purposes; (B) Conservation of land and other natural resource purposes; and (C) Scenic and historical purposes. [Ord. 1169,§1,II,GG, 2000]
16.04.186 Owner.
“Owner” means the owner of record, as determined by the records of the County Auditor, provided that the owner under a real estate contract is the purchaser-vendee and the owner of mortgaged property is the mortgagor. [Ord. 1169, §1,II,HH, 2000]
16.04.190 Person.
“Person” means an individual, firm, copartnership, association, corporation, or other legal entity. [Ord. 1169, §1,II,II, 2000]
16.04.195 Planned unit development.
“Planned unit development” is a land development project which is planned as an entity, grouping dwelling units into clusters, allowing for an appreciable amount of land for open space, mixing housing types and land uses, and preserving useful historical or significant natural features. [Ord. 1169, §1,II,JJ, 2000]
16.04.210 Plat.
“Plat” is 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 or dedications. [Ord. 1169, §1,II,KK, 2000]
16.04.220 Preliminary approval.
“Preliminary approval” means the official written action approving a proposed division of land when provision of improvements or fulfillment of conditions are to occur prior to final approval. The applicant shall be entitled to final approval when the conditions are met or improvements are provided. [Ord. 1169, §1,II,LL, 2000]
16.04.230 Preliminary plat.
“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 Chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of the subdivision. [Ord. 1169, §1,II,MM, 2000]
16.04.231 Private road.
“Private road” is a road intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment. [Ord. 1169, §1,II,NN, 2000]
16.04.232 Public road.
“Public road” is a maintained city street, county road, or state or federal highway over which every person has the right to pass and use for all purposes of travel or transportation to which it is adapted and developed. [Ord. 1169, §1,II,OO, 2000]
16.04.233 Public utilities.
“Public utilities” include, but are not limited to, electricity, water, natural gas, sewer, telephone, television cable and/or any other utility generally serving the public needs. [Ord. 1169, §1,II,PP, 2000]
16.04.234 Public water system.
“Public water system” means any system, excluding a system serving only one single residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, as further defined and described in RCW 70.119.020 and WAC 246-290-010. [Ord. 1169, §1,II,QQ, 2000]
16.04.235 Purveyor.
“Purveyor” means an agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or other entity owning or operating a public water system. “Purveyor” also means the authorized agents of such entities. [Ord. 1169, §1,II,RR, 2000]
16.04.236 Recreational vehicle park.
Recodified to Ch. 17.10 LCC by Ord. 1348.
16.04.237 Recreational vehicle park, seasonal.
Recodified to Ch. 17.10 LCC by Ord. 1348.
16.04.238 Recreational vehicle park, transient.
Recodified to Ch. 17.10 LCC by Ord. 1348.
16.04.240 Required improvements.
“Required improvements” are the construction and installation by the subdivider of utilities and facilities proposed for subdivision. These may include, but not be limited to, domestic water supply systems; fire hydrants; community sewage disposal systems including sanitary sewers; electrical power, natural gas, telephone, and cable television lines and facilities; roadways (both public and private); stormwater drainage systems; and any other improvements specifically required as a condition of preliminary plat approval. [Ord. 1175 Ex. A, 2000; Ord. 1173 Ex. A, 2000; Ord. 1169, §1,II,SS, 2000]
16.04.245 Reverse frontage lots.
“Reverse frontage lots” means a lot which has two opposite sides abutting two parallel or approximately parallel streets. [Ord. 1169, §1,II,TT, 2000]
16.04.250 Right-of-way.
“Right-of-way” means the area between boundary lines of a public street, alley or other public way (including railroads and public utilities). [Ord. 1169, §1,II,UU, 2000]
16.04.260 Roadway.
“Roadway” means that portion of a right-of-way that is improved and maintained for vehicular and/or pedestrian traffic. [Ord. 1169, §1,II,VV, 2000]
16.04.265 Sale, lease, or transfer of ownership.
“Sale, lease, or transfer of ownership” means the conveyance of title or ownership other than as specifically exempted in LCC 16.02.040. This definition shall specifically include gifts, or love and affection transactions. [Ord. 1169, §1,II,WW, 2000]
16.04.267 Satellite management agency (SMA).
“Satellite management agency (SMA)” means an individual, purveyor, or entity that is approved by the State Board of Health to own or operate more than one public water system on a regional or county-wide basis, without the necessity for a physical connection between such systems. [Ord. 1169, §1,II,XX, 2000]
16.04.270 Short plat.
“Short plat” is the map or representation of a short subdivision. [Ord. 1169, §1,II,YY, 2000]
16.04.280 Short subdivision.
“Short subdivision” or “short plat” 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, except as provided by Chapter 16.12 LCC. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,II,ZZ, 2000]
16.04.290 Street.
“Street” means a right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare, except an alley.
(1) Arterial Street. “Arterial street” means a street which is used primarily for through traffic or which by its location will likely be needed for such use in the normal growth of the community, as defined by the adopted arterial street map.
(2) Collector Street. “Collector street” means a street other than an arterial which is used primarily for carrying traffic to one or more arterials, and which is identified on the adopted arterial street map.
(3) Local Street. “Local street” means a street used primarily for access to abutting property. [Ord. 1169, §1,II,AAA, 2000]
16.04.300 Subdivider.
“Subdivider” is any person, firm, corporation, partnership, or association which causes to be divided or redivided any lot, block, or other parcel of land. [Ord. 1169, §1,II,BBB, 2000]
16.04.310 Subdivision.
“Subdivision” is 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, except as provided by Chapters 16.10 and 16.12 LCC. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,II,CCC, 2000]
16.04.320 Utilities easements.
“Utilities easements” mean rights-of-way which may be used by public and/or private utilities for the construction, operation, maintenance, alteration, and repair of the respective facilities. [Ord. 1169, §1,II,DDD, 2000]