Chapter 19.06
CONSTRUCTION AND DEFINITIONS
Sections:
19.06.010 Construction.
The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision.
A. Tense. Words used in the present tense shall include the future tense.
B. Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.
C. Shall, May, Should. The word “shall” is mandatory. The words “may” and “should” are permissive.
D. Gender. Terms in masculine, feminine and neuter gender shall be interchangeable. Use of genders shall not affect the intent of any provision.
E. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or paragraph of this code, and the content thereof, the heading shall not affect the scope, meaning or intent of the content. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.06.020 Definitions.
As used in this code, the following words and phrases shall mean:
“Access” means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
“Access way” means a pedestrian and/or bicycle connection between two rights-of-way, or to achieve other connectivity needs as determined by the director or designee. An access way conforms to city standards and is in either an off-street public right-of-way or a public access easement on private property.
“Adjacent” means having a common boundary and is not to be construed as that which is across a street or alley.
“Alley” means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
“Approving authority” means the director, city manager, planning commission, hearing examiner, or city council of the city of Walla Walla as used in this code.
“Binding site plan” means a survey together with a developer agreement which, when approved and recorded as required by this code, provides a method of land division for the purpose of sale or lease of commercial, industrial or public property, including condominiums.
“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries.
“Boundary adjustment” means modification of the size or alignment of adjacent parcels through relocation of their common boundary where an additional parcel is not created, and where the existing parcel which is being reduced in size is not reduced below the minimum lot size established by the zone which applies to the property. (See Division IV of this title.)
“City engineer” means the head of the engineering division of the department of public works.
“City manager” means the chief administrative officer of the city appointed by and responsible to the city council.
“Common open space” means an area or areas within a development designed and developed for the use or enjoyment of all residents of the development, or of the public in general.
“Comprehensive plan” means the most recent generalized coordinated land use policy statement of the Walla Walla city council, as amended, adopted pursuant to Chapter 36.70A RCW.
“Concurrency requirements” means Chapter 20.51 and other ordinances, regulations and rules adopted by the city to ensure that at the time of new development, public facilities and services are in place or are adequately planned.
“Condominium” means a building, or group of buildings, in which dwelling units are owned individually, and common areas and facilities are owned by all the owners in various ways as provided by state statute.
“Contiguous land” means two or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under different ownership, including limited access right-of-way which would deny access between the two parcels under single ownership.
“Council” means the legislative authority of the city.
“Covenant” means a binding and solemn agreement made by two or more individuals, parties, etc., to do or keep from doing a specified thing or things.
“Cul-de-sac” means a street closed at one end by a circular area of sufficient size for convenient reversal of traffic movement.
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving for 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. Acceptance by the public shall be evidenced by council approval of the dedication document for filing.
“Developer” means any person, corporation, partnership or other legal entity who creates a “subdivision” or “short subdivision” or “binding site plan” as defined herein and Chapter 58.17 RCW.
“Development services department” (known and referred to alternatively herein as the “department,” “staff,” or “planning staff”) means the department created by Section 2.17.010(F).
“Director” (known and referred to alternatively herein as the “development services manager,” “department head,” “administrator,” or “zoning administrator”) means the official appointed by the city manager in accordance with Section 2.17.070, and such other staff granted authority to act on behalf of the director.
“Director of parks and recreation” means the head of the department of parks and recreation, appointed by and responsible to the city manager.
“Director of public works” means the head of the department of public works appointed by and responsible to the city manager.
“Grade (ground level)” means the average of the finished ground level on each exterior wall of the building.
“Hearing examiner” means the hearing examiner of the city.
“Homeowners’ association” means an incorporated, nonprofit corporation as used in this code for planned unit developments, which operates under recorded land agreements through which (1) each property owner is a member, and (2) each property owner is subject to a charge for a proportionate share of the expenses for the organization’s activities and maintenance of common property.
“Improvements” means street grading or graveling, permanent street and corner monuments, street pavement, curbs and sidewalks, pedestrian ways, water mains, storm and sanitary sewers, and other required or necessary facilities.
“Lot” means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
Lot, Double Frontage. “Double frontage lot” means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. Also known as a through-lot.
Lot, Flag. “Flag lot” means a lot, with a narrow portion fronting a public/private street and where access to that street is across that narrow portion for the exclusive use of that lot only.
“Lot frontage” means that portion of a lot nearest the street or private lane. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to public streets shall be considered frontage.
Lot, Interior. “Interior lot” means a lot other than a corner lot.
Figure 19.06-1 – Lot Layout
“Low impact development best management practice” or “LID BMP” has the same meaning as defined in Section 12.01.050.
“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 by the Washington State Department of Natural Resources as authorized by Chapter 58.17 RCW.
“Natural drainage systems” consist of concentrated sheet flow, swales, depressions, and stream or river channels that are used to convey runoff.
“Parcel” is synonymous with “lot.”
“Person” means every natural person, firm, partnership, association or corporation.
“Planned unit development (P.U.D.)” means a development designed as a unified combination of land uses. It may include a mixture of residential, open space or recreation areas for the direct use and benefit of all the lot owners within the development. A P.U.D. includes an owners’ association and common open space.
“Planning commission” means the planning commission of the city of Walla Walla.
“Plat” means a map or representation of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets, alleys, easements or other divisions and dedications.
1. “Preliminary plat” means a neat and approximate drawing showing the general layout of streets and alleys, easements, lots, blocks and other elements of a subdivision.
2. “Final plat design” means the map of a development which conforms to the dimensional information required for final plats in Chapter 19.40, “Table of Required Information.”
3. “Final plat” means the final drawing of a subdivision prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and in this code.
4. Short Plat. A “short plat” is the map of a short subdivision set forth in Chapter 58.17 RCW and in this code.
“Plat certificate” means a title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.
“Private lane” means a privately owned and maintained access to property from a public right-of-way.
Reviewing Body. The hearing examiner reviews subdivision preliminary plats, holds public hearing and makes recommendation to city council; and the planning commission reviews planned unit developments, holds public hearing and makes recommendation to city council.
“Right-of-way” means the platted portion of a development for purposes of a street or alley for vehicular and/or pedestrian traffic.
“SEPA” means State Environmental Policy Act.
“Short plat” means the division of land into nine or fewer lots, tracts or parcels for the purpose of sale or lease or transfer of ownership, a “short subdivision” as defined in Chapter 58.17 RCW.
Short Subdivision. “Short subdivision” is synonymous with “short plat.”
“Site plan review committee” means the site plan review committee (SPRC) consisting of the development services manager, director of public works, city engineer, director of parks and recreation, fire chief, chief of police, or their designee.
“Stormwater facility” has the same meaning as defined in Section 13.06.010.
“Street” means the entire width between the boundary lines of every public way for the purposes of vehicular and pedestrian traffic.
Street, Arterial. “Arterial street” means a street primarily for fast through and heavy traffic, minimizing intersecting streets and direct access to abutting properties and primarily for the purpose of accommodating general traffic circulation of the community.
Street, Collector. “Collector street” means a street which carries traffic from residential streets to one or more arterial streets.
Street, Half. “Half street” means a portion of the width of a street, usually along the edge or boundary of a development, where the remaining portion of the street is to be provided by the development of adjacent property.
Street, Residential. “Residential street” means a street which primarily provides the principal means of access to abutting property.
“Subdivision” means the division of land into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership and shall include all resubdivision of land.
“Turnaround” means the turnaround area of a cul-de-sac having sufficient size and shape for convenient reversal of traffic movement.
“Utility” means an agency or business which provides necessary services to the public and includes services such as telephone, gas, electric power, railroad, television cable, water, stormwater and sewer.
“Utility facilities” means any structure operated by a utility for the purpose of distributing services to customers including switching or secondary transmission facilities. Utility facility does not include administrative offices, fleet parking lots or other support services not directly connected with service delivery.
“Wetlands” means wetlands as defined in the city of Walla Walla critical areas ordinance. (Ord. 2018-53 § 1, 2018: Ord. 2017-45 § 48, 2017: Ord. 2016-03 § 6, 2016: Ord. 2012-09 § 9, 2012: Ord. 2011-16 § 5, 2011: Ord. 98-42 § 1(part), 1988: Ord. 97-14 § 3, 1997; Ord. 94-11 § 1(part), 1994).