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. Where terms are not defined, they shall have ordinary accepted meanings within the context in which they are used. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.020 Access corridor.

“Access corridor” means a private easement providing primary vehicular/pedestrian 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 TMC regarding access corridors. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.030 Administrator.

“Administrator” means the Tonasket city building official/permit administrator or other person designated by the mayor and approved by the council. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.040 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.050 Binding site plan.

“Binding site plan” means a drawing to scale as specified by city ordinance which:

A. Identifies and shows the areas, 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 land as are established by the city council; and

C. Contains provisions making any development be in conformity with the site plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.060 Block.

“Block” means a group of lots, within a plat. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.070 Buildable lot.

“Buildable lot” means a lot upon which the city of Tonasket will issue a building permit in accordance with zoning and other applicable regulations. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.080 City attorney.

“City attorney” means the attorney appointed by the mayor to serve as the city’s official legal counsel. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.090 City council.

“City council” means the legislative authority of the city of Tonasket as defined in Chapter 35A.24 RCW, as it now exists or is hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.100 City superintendent.

Repealed by Ord. 786. (Ord. 587 § 1, 2001).

16.08.110 Comprehensive plan.

“Comprehensive plan” means the current comprehensive plan of the city of Tonasket, adopted by the city council pursuant to state law. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.120 Consulting engineer.

“Consulting engineer” means the engineering firm selected by the city and appointed by the mayor as the city’s official engineer, also referred to as the “city engineer.” (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.124 County assessor.

“County assessor” means the Okanogan County assessor authorized pursuant to Chapter 36.22 RCW, as it now exists or is hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.130 County auditor.

“County auditor” means the Okanogan County auditor authorized pursuant to Chapter 36.22 RCW, as it now exists or is hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.140 County treasurer.

“County treasurer” means the Okanogan County treasurer authorized pursuant to Chapter 36.22 RCW, as it now exists or is hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.144 Critical areas.

“Critical areas” means wetlands, aquifer recharge areas, frequently flooded areas, fish and wildlife conservation areas, and geologically hazardous areas as defined in RCW 36.70A.030 and 36.70A.060, and as classified and designated in the Tonasket comprehensive plan. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.150 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.

A. “Cul-de-sac, circular” means a circular-shaped terminus of a street used as a turnaround.

B. “Cul-de-sac, hammerhead” means a T-shaped street connection consisting of a short terminating street and another short street which is primarily used for a turnaround. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.160 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to said landowner no other rights than those 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 submittal 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 appropriate authority. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.170 Development guidelines and standards.

“Development guidelines and standards” means those design standards outlined in this subdivision ordinance, the Tonasket zoning ordinance and any other ordinances contained in the Tonasket Municipal Code. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.180 Division of land.

“Division of land” means, for the purposes of this title, 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.190 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.200 Final approval.

“Final approval” means the final official action taken by the planning commission and the city council on the final plan, subdivision, or dedication or portion thereof, that has previously received preliminary approval. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.210 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.220 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 October 21, 1971, or constitutes a prior division of land as defined in TMC 16.08.330. 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 TMC 16.08.330. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.230 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.240 Monument, permanent control.

“Monument, permanent control” 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.250 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.260 Parties of record.

“Parties of record” means the applicant, any person who testified at the open record public hearing on the application, and/or any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.270 Planning agency.

“Planning agency” means the planning agency of the city of Tonasket as established in Chapter 2.16 TMC, as now exists or may be hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.280 Planning commission.

“Planning commission” means the Tonasket city planning commission. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.290 Planned development.

“Planned development (PD)” 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 PD is characterized by a binding site design subject to a binding site plan review, and approved in accordance with the Tonasket zoning ordinance and these regulations. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.300 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.310 Preliminary approval.

“Preliminary approval” means the official action taken on the preliminary plat, subdivision or dedication by the planning commission, meeting in an official session. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.320 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.330 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 October 21, 1971, 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 October 21, 1971, 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; and

E. A division of land created by a public right-of-way traversing the land. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.340 Plat alteration.

“Plat alteration” means changes to the boundaries of lots, dedications, or easements within an existing final plat, or changes to a short plat that includes changes to any public dedications. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.350 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 Tonasket or any other public agency (government unit). (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.355 Public works director.

“Public works director” means the official appointed by mayor to serve as the director of the city’s public works department. (Ord. 786 § 1 (Exh. A), 2017).

16.08.360 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.370 Reverse frontage.

“Reverse frontage” means a lot abutting two streets (i.e., double frontage or corner lot) that is not accessible from one of the streets upon which it fronts whether by design, prescription or physical barrier. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.380 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.390 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.400 Short plat.

“Short plat” means the map or representation of a short subdivision. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.410 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, including any remaining portions of the parent parcel for any lot created through use of Chapter 16.12 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.420 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.430 Street.

“Street” 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. At times, the use of the term “street” may include the entire right-of-way depending upon the context in which it is used. Such term may occasionally be used interchangeably with the term “road.” (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.440 Subdivider.

“Subdivider” means a person or persons, including a corporation, partnership, or other association, who undertakes to create, alter, or expand a subdivision or short subdivision. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.450 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. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.460 TMC.

“TMC” means, for the purposes of this title, the Tonasket Municipal Code. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).

16.08.465 Type I, II, III, IV and V actions.

Type I, II, III, IV and V actions are defined in TMC Title 19. (Ord. 786 § 1 (Exh. A), 2017).

16.08.470 Zoning/zoning code.

“Zoning” or “zoning code” means TMC Title 17, Zoning. With regard to zoning-related matters such as lot size, etc., all regulations of this code must be consistent with the zoning code. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).