"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)
"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)
"Area"
means the total unit of land identified for a subdivision for purposes of calculating intensities, densities, and land uses.
(Ord. 681 § 2, 1996)
"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)
"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)
"Bond"
means a satisfactory security to insure performance and/or warranty as approved by the city attorney.
(Ord. 681 § 2, 1996)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
"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)
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)
"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)
"Tract"
means an area of land which has been defined, but has not been designated by lot and block numbers.
(Ord. 681 § 2, 1996)
"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)
"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)