Ordinance BE IT ORDAINED BY THE BOARD OF CLALLAM COUNTY COMMISSIONERS:
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- Christal Price
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1 Ordinance An ordinance amending Clallam County Code 29.03, Definitions, for the purpose of clarification and achieving consistency with other relevant County regulations and state laws BE IT ORDAINED BY THE BOARD OF CLALLAM COUNTY COMMISSIONERS: Section 1. Section.100, Definitions, is amended to read as follows: Whenever the following words and phrases appear in this title, they shall be given the meaning attributed to them by this section. 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 in the most recent edition of Webster s New Collegiate Dictionary. (1) Administrator means the Director of the Department of Community Development or his/her designee. (2) Aliquot part means a standard subdivision of a Public Land Survey System (PLSS) section, as defined in 43 USC 753 (such as a half section, quarter section, or quarter-quarter section). Affected party means those parties with standing to bring action on appeals of decisions rendered pursuant to this title and is limited to the following parties: (a) The applicant or owner of property on which the development is proposed; (b) Any person entitled to notice of the application pursuant to Chapter CCC; (c) Any person who deems himself/herself aggrieved by a decision and who will suffer direct and substantial impacts from the proposal. (3) Alteration means the modification of a previously recorded subdivision or final plat, binding site plan, mobile home park, RV park, short subdivision, or large lot division, or any portion thereof, that creates new lots, removes lot lines, adds more land, or removes, changes, or adds conditions of approval, plat notes, easements, or dedications. revision, redivision, or amendment of a short plat, plat or large lot division that does not create any additional lots. (4) Arterial means a County road of high traffic volume, as designated by the Clallam County Road Public Works Department. (5) Binding site plan means a drawing to a scale specified in 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 and other applicable codes; (b) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by this title and other applicable codes; Clallam County; and (c) Contains provisions making any development conform with the site plan; and. (d) A binding site plan ccreates lots for the purpose of lease or rent, not for sale or transfer. (6) Board means the Board of Clallam County Commissioners. (7) Boundary line adjustment means a division made for the purpose of alteration by pursuant to this title for the purpose of adjusting boundary lines between two (2)platted or unplatted parcels of land or both which does not create any additional lot, tract, parcel, or site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area pursuant to the provisions of Chapter CCC.; provided, that no unplatted lot which is greater than five (5) acres in size shall be made less than five (5) acres or 1/128th of a section by a boundary line adjustment.
2 (8) Block means a group of lots, tracts, or parcels, or campsites within well-defined and fixed boundaries. (9) Community on-site sewage disposal system means any residential on-site sewage (septic) system designed to serve two (2) or more dwelling units or designed to serve two (2) or more residences on separate lots, with design flows less than 3,500 gallons per day.an on-site sewage disposal system which serves more than one lot within a land division or more than one individual use on a lot. (10) Community water supply system means any publicly or privately owned system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission, and distribution facilities where water is furnished to any community, collection, or number of individuals, but excluding a water system serving one single-family residence. (11) Comprehensive Plan means the Comprehensive Plan of Clallam County adopted by the Board as CCC Title 31. (12) Condominium. Pursuant to RCW (9), a condominium is defined as real property, portions of which are designated for common ownership solely by the owners of those portions. (13) Critical areas means those areas defined by the Washington State Growth Management Act, Chapter 36.70A RCW and the Critical Areas Code, Chapter CCC., as now or hereafter amended. (14) Cul-de-sac means a road closed at one end; a dead-end road, as graphically depicted at CCC (5). (15) Dedication means 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 upon by the presentation for filing of a final plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval by the appropriate governmental unit of such plat for filing. (16) Density means number of dwelling units per acre of land. (17) Dry site means a site for use by a camper vehicle where sewer and water connections are not provided to the individual lots. (168) Dump station means a designated location which is connected to an approved sewer system for the purpose of disposing wastes from holding tanks of camper vehicles. (179) Dwelling units means any building or any portion thereof which is intended or designed to be used, rented, leased, let or hired out to be occupied and includes independent living facilities including permanent provisions for living, sleeping, eating, cooking, sanitation and including accessory structures and improvements. space within a building designated for long-term residential use and which includes cooking and sleeping facilities. (1820) Easement means a written right of use which a person(s) or legal entity has in the land of another person(s) or legal entity grant of one or more property rights to a person by a property owner. (1921) Final plat means the final drawing of a map or representation of a subdivision, short subdivision, or large lot division, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys, or other divisions and dedications the subdivision, short subdivision, binding site plan, or large lot division and dedication prepared for recording with the County Auditor and containing all elements and requirements set forth in Chapter RCW and this title.
3 (20) Final plat alteration is a final plat of only that portion of the plat that is subject to the alteration. (212) Hearing Examiner means the Clallam County Hearing Examiner as established by Chapter CCC. (223) Individual on-site sewage disposal system means any residential on-site sewage (septic) system serving only one dwelling, lot or residence. an on-site sewage disposal system serving only one lot within a development. (24) Land means a parcel described in a deed, recorded in the County Auditor s Office and, if privately owned, having only one tax parcel number assigned to it by the County Assessor s Office. Land, lot, parcel, and tract shall have the same meaning. (235) Land divider means a person or agent thereof who submits an application to divides land pursuant to this title. The term subdivider shall have the same meaning as land divider. (246) Land Division. For the purpose of this title, a land division shall include any application for division of land which is subject to this title., including a subdivision, planned unit development, binding site plan, short subdivision, or a large lot division. (257) Large lot division means the division of land into two (2) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership where each lot or parcel is 1/128th aliquot part of a section of land or larger, or five (5) acres or larger if the land is not capable of description as an aliquot part fraction of a section of land. (268) Legal access means the right vested in the owner of land to go and return from his or her own land to a public road or highway without obstruction. description and/or descriptions which identify in writing the physical location of the nonexclusive vehicular access rights to a public street as provided in a recorded document. The width of an easement required for legal access shall be a minimum of thirty (30) feet. (279) Legal description means a description of real property by government survey, metes and bounds, or lot numbers of a recorded plat including a description of any portion thereof subject to an easement or reservation, if any. Such must be complete enough that a particular parcel of land can be located and identified. the description and/or descriptions which identify by writing the physical location of the land interest conveyed as it exists on a recorded deed and/or deeds of the area to be platted. (2830) Lot means a fractional part of divided lands having fixed boundaries which was created in compliance with applicable state and local land division statutes or codes in effect at the time the lot was created., being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include land, legal lots, tracts, or parcels. (31) Lot, Parcel, Tract or Site Size. For the purposes of computing lot, parcel, tract or site size, all or a portion of a road right-of-way shall be included when calculating size as defined by CCC Title 33. (2932) Mobile home (manufactured home) means a structure defined by RCW Title 46 as a transportable structure in one or more sections, built on a permanent chassis, to be used as a dwelling with or without a permanent foundation and with connections to required utilities that include plumbing, heating and electrical systems. (303) Mobile home lot means a parcel of land within a mobile home park for the placement of a single mobile home or park model and the exclusive use of its occupants. (314) Mobile home park subdivision means a parcel of land divided into lots, under one ownership or management of one person, firm, corporation, or unit of government for the purpose of locating mobile homes or park models for dwelling or sleeping purposes on a rental or lease basis.
4 (325) Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. (33) "Park model" means an RV intended for permanent or semi-permanent installation and is used as a primary residence. (346) Permanent control monument means a monument set in conformance with RCW three-fourths-inch galvanized iron pipe or other equivalent set into concrete to mark a controlling corner on the boundary of a division or a section marker. (357) Person means every any individual, firm, company, partnership, corporation, association, family, legal entity, or any other human group, or combination acting as a unit, or any agent of any of the above. (36) Plat refers to final plat, which is defined in this section. (37) Plot plan means a neat and approximate drawing to scale showing the general layout of specified items. (38) Preliminary plat means a neatr and approximate drawing to scale of a land division showing the general layout of roads and alleys, lots and other elements of a land division which shall furnish a basis for approval or disapproval. The term preliminary land division has the same meaning as preliminary plat, preliminary short plat, or preliminary large lot subdivision. (39) Public sewer system means a sewerage system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the State, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and approved or under permit from the Department of Ecology. (40) Recreational vehicle (RV or camper vehicle) means a travel trailer, pick-up camper, converted bus, tent-trailer, motor home, camping trailer, or similar vehicular dwelling used for travel, vacation, or recreational purposes. (41) Recreational vehicle park (RV park or camper vehicle park) means campground for temporary or non-exclusive day use and overnight accommodations for RVs or camper vehicles. a plat of ground divided into lots or sites under the ownership or management of one person, firm, or corporation for use by camper vehicles. (42) Redivision. See Alteration. (423) Short subdivision or short plat means the division of land into four (4) or fewer lots, tracts, parcels or sites any one of which is less than five (5) acres or 1/128th aliquot part of a section in area for the purpose of sale, lease or transfer of ownership. (434) Site registration for on-site sewage disposal systems means a report verifying percolation test locations on each lot for on the conditions that relate to the suitability of on-site sewage disposal (septic system) pursuant to Clallam County Board of Health Regulations, Chapter C.C.H.R CCC. (44) Size of lot is calculated pursuant to the provisions of Title 33 CCC, Zoning. Where appropriate, area shall have the same meaning as size. (45) Split-zoned lot means that part of the lot is zoned with a different zoning designation than the remainder of the lot. (465) Street means any vehicular way or utility corridor which: (a) Is an existing State, County or municipal roadway; or (b) Is a publicly owned easement or right of way; or (bc) Is shown upon a plat, short plat, or large lot division approved pursuant to County regulations; or (dc) Is approved by government action.
5 The street shall include all land within the boundaries of the road right-of-way whether improved or unimproved. Road, and street, alley, and highway shall have the same meaning. (476) Subdivision means the division of land into five (5) or more lots, tracts, parcels, or sites any one of which is under five (5) acres or 1/128 th aliquot part of a section, for the purpose of sale, lease, or transfer of ownership. (48) Vacate means to put an end to, annul, cancel or rescind a plat or any portion thereof, or any area designated or dedicated for public use. (47) Wet site means a site for usage by a camper vehicle where sewer and water connections are provided to individual sites ADOPTED this day of 2007 BOARD OF CLALLAM COUNTY COMMISSIONERS Stephen P. Tharinger, Chair ATTEST: Trish Holden, CMC, Clerk of the Board Michael C. Chapman Howard V. Doherty, Jr.
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