Chapter 17.08 DEFINITIONS

Whenever the following words and phrases appear in this title, they should be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; “shall” is always mandatory and “may” indicates a use of discretion in making a decision. Where terms are not defined, they shall have ordinary accepted meanings within the context in which they are used. (Ord. 1909 § 2 (part), 1997).

17.08.020 Alley.

“Alley” means a passage or way open to public travel and dedicated to public use affording, generally, a secondary access to abutting lots and not intended for general traffic circulation. Alleys are not considered streets under the terms of this title. (Ord. 1909 § 2 (part), 1997).

17.08.030 Binding site plan.

“Binding site plan” means a drawing to a scale 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 city council; and (c) contains provisions making any development be in conformity with the site plan. (Ord. 1909 § 2 (part), 1997).

17.08.040 Block.

“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries. (Ord. 1909 § 2 (part), 1997).

17.08.050 Bond.

“Bond” means any form of security acceptable to the city attorney and in an amount consistent with the provisions of these regulations. All bonds shall be approved by the city council wherever a bond is required by these regulations. (Ord. 1909 § 2 (part), 1997).

17.08.060 Boundary line adjustment.

“Boundary line adjustment” means a minor adjustment of property lines between abutting lots which results in no additional building sites. (Ord. 1909 § 2 (part), 1997).

17.08.070 City engineer.

“City engineer” refers to the city engineer, or in lieu thereof, such engineering firm under contract with the city providing engineering services as required by these regulations. (Ord. 1909 § 2 (part), 1997).

17.08.080 Commercial-industrial subdivision.

“Commercial-industrial subdivisions” means the division of land for the purpose of sale, lease or transfer of ownership intended for the development of commercial and/or industrial uses. (Ord. 1909 § 2 (part), 1997).

17.08.090 Commission.

“Commission” refers to the city planning commission. (Ord. 1909 § 2 (part), 1997).

17.08.092 Comprehensive plan.

“Comprehensive plan” means the adopted comprehensive plan for the city. (Ord. 1909 § 2 (part), 1997).

17.08.100 Contribution.

“Contribution” means a cash donation offered in lieu of public space and accepted on the public’s behalf as a condition of subdivision, plat, short plat, planned unit development or binding site plan. (Ord. 1909 § 2 (part), 1997).

17.08.110 Council.

“Council” refers to the city council of the city. (Ord. 1909 § 2 (part), 1997).

17.08.120 County.

“County” refers to Benton County. (Ord. 1909 § 2 (part), 1997).

17.08.122 County auditor.

“County auditor” refers to the Benton County auditor. (Ord. 1909 § 2 (part), 1997).

17.08.125 County treasurer.

“County treasurer” refers to the Benton County treasurer. (Ord. 1909 § 2 (part), 1997).

17.08.128 Cul-de-sac.

“Cul-de-sac” means a local or residential street with only one outlet and having a turnaround for the safe and convenient reversal of direction. (Ord. 1909 § 2 (part), 1997).

17.08.130 Dedication.

“Dedication” means a deliberate appropriation of land by an owner for any general or public use, 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 a 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 governmental unit. (Ord. 1909 § 2 (part), 1997).

17.08.140 Division.

“Division” means any division of land, including subdivision, short subdivision or binding site plan. (Ord. 1909 § 2 (part), 1997).

17.08.150 Easement.

“Easement” means an authorization by a property owner for the use by another, for a specified purpose, of a designated portion of his property. (Ord. 1909 § 2 (part), 1997).

17.08.160 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 RCW Chapter 58.17 as now exists or as may hereafter be amended. (Ord. 1909 § 2 (part), 1997).

17.08.170 Frontage.

“Frontage” means that portion of a lot abutting on a public street and ordinarily regarded as the front of the lot. (Ord. 1909 § 2 (part), 1997).

17.08.180 Grade.

“Grade” means the slope of a street specified in percentage terms. (Ord. 1909 § 2 (part), 1997).

17.08.185 Home owners’ association.

“Home owners’ association” means an incorporated entity for the pursuit of a common enterprise within a division, whose charter, and bylaws, have been reviewed by the city. (Ord. 1909 § 2 (part), 1997).

17.08.190 Lot and lot area.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet zoning requirements for width and area. The term includes tracts and parcels. “Lot area” is the total area of a lot contained within the lot boundary lines, excluding any deeded or dedicated right-of-way. (Ord. 1909 § 2 (part), 1997).

17.08.200 Lot, corner.

“Corner lot” means a lot situated at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees. (Ord. 1909 § 2 (part), 1997).

17.08.210 Lot depth.

“Lot depth” means the horizontal distance from the midpoint of the front property lot line to the midpoint of the rear property line. (Ord. 1909 § 2 (part), 1997).

17.08.220 Lot improvement.

“Lot improvement” means a physical betterment of real property, or any part of such betterment, including any building, structure or improvement of the land. (Ord. 1909 § 2 (part), 1997).

17.08.230 Lot width.

“Lot width” means the dimension of the lot line at the street right-of-way line; or, in an irregularly shaped lot, the dimension across the lot at the building setback line; or, in a corner lot, the narrow dimension of the lot at a street or building setback line. (Ord. 1909 § 2 (part), 1997).

17.08.240 Nonresidential subdivision.

“Nonresidential subdivision” means a subdivision whose intended use is for other than residential purposes, such as commercial or industrial. (Ord. 1909 § 2 (part), 1997).

17.08.250 Owner.

“Owner” means any person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to, or sufficient proprietary interest to, the land proposed to be subdivided. (Ord. 1909 § 2 (part), 1997).

17.08.260 Person.

“Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (Ord. 1909 § 2 (part), 1997).

17.08.270 Planned unit development (PUD).

“Planned unit development (PUD)” means a development which is preplanned in its entirety with subdivision and zoning controls applied to the project as a whole rather than to individual lots. A PUD is characterized by a unified site design subject to a site plan review, and approved in accordance with the zoning ordinance and these regulations. (Ord. 1909 § 2 (part), 1997).

17.08.280 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. 1909 § 2 (part), 1997).

17.08.290 Plat administrator.

“Plat administrator” refers to the city administrator or the administrator’s designee for the city. (Ord. 1909 § 2 (part), 1997).

17.08.300 Protective or restrictive covenants.

“Protective or restrictive covenants” mean a declaration by the owner which binds the land for the completeness, security and continuance of the declared purposes, which have been reviewed by the city. (Ord. 1909 § 2 (part), 1997).

17.08.310 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants, and other elements of a subdivision consistent with the requirements of this title and RCW Chapter 58.17 as now exists or as may hereafter be amended, which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1909 § 2 (part), 1997).

17.08.320 Regulations.

“Regulations” means Title 17, Subdivisions, of the Prosser Municipal Code. (Ord. 1909 § 2 (part), 1997).

17.08.330 Required improvement.

“Required improvement” means and includes, but is not limited to, any drainage system, roadway, signs, sidewalk, parks, open space, community facilities, lot improvement, sewer or water system, fire protection, or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which the city’s responsibility is already established. (Ord. 1909 § 2 (part), 1997).

17.08.340 Right-of-way.

“Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road or alley, utility line, water or sewer main, shade trees or other similar uses. (Ord. 1909 § 2 (part), 1997).

17.08.350 Scale.

All plat maps shall be drawn to a scale of not less than one inch equals fifty feet nor more than one inch equals one hundred feet. (Ord. 1909 § 2 (part), 1997).

17.08.360 Setback.

“Setback” means the minimum distance required between a property line and a structure or building. (Ord. 1909 § 2 (part), 1997).

17.08.370 Short plat.

“Short plat” means a map or representation of a short subdivision. (Ord. 1909 § 2 (part), 1997).

17.08.380 Short subdivision.

“Short subdivision” means 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. 1909 § 2 (part), 1997).

17.08.390 Sketch plat.

“Sketch plat” means a sketch preparatory to the preparation of a preliminary plat. (Ord. 1909 § 2 (part), 1997).

17.08.400 Street.

“Street” means the entire width of land between the boundary lines of every public way used either immediately or in the future for the purpose of vehicular and/or pedestrian traffic, pathways for bikes, placement of utilities, and access to abutting properties, and generally designated as follows:

A. Local Street. “Local street” means a street designed and intended to provide access from individual properties to other streets.

B. Collector Street. “Collector street” means a street designed to move traffic from local or residential street to arterials and secondary arterials.

C. Secondary Arterial. “Secondary arterial” means a street designed and intended to collect traffic from less intensively used streets and distribute it to primary arterials or focal points in the city.

D. Primary Arterial. “Primary arterial” means a general term denoting a street designed primarily for through traffic carrying heavy loads and large volumes of traffic, usually on a continuous route. (Ord. 1909 § 2 (part), 1997).

17.08.410 Street, dead end.

“Dead end street” means a street or portion thereof with only one vehicular traffic outlet. (Ord. 1909 § 2 (part), 1997).

17.08.420 Subdivider.

“Subdivider” means any person who, having an interest in land, causes it, directly or indirectly, to be subdivided into subdivisions. (Ord. 1909 § 2 (part), 1997).

17.08.430 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, except as provided in Section 17.08.380. (Ord. 1909 § 2 (part), 1997).

17.08.440 Variance.

“Variance” means a change, modification or variation in the requirements, rules or regulations as set forth within this title.” (Ord. 1909 § 2 (part), 1997).