As used in this chapter, each of the following words shall have the meaning set forth below. For the interpretation and administration of this chapter, when not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural; the masculine shall include the feminine and neuter; the word "shall" is mandatory, and the word "may" indicates the use of discretion in making a decision.
All of the definitions set forth in this title, as amended, and the Bellevue subdivision ordinance 91-01, as amended, are each hereby adopted by reference as if fully set forth in this section. All definitions set forth herein or adopted herein by reference shall apply whether or not the defined words or terms have the first letter of each word capitalized or in lower case letters.
ACTIVE RECREATIONAL USES: Means improved parks, play fields, swimming pools, equestrian centers, golf courses, recreational bike paths and trails, skate parks, tennis courts, recreation centers and similar recreation facilities in accordance with the City Park Master Plan. Only twenty five percent (25%) of the required active recreational uses may be located within an avalanche area.
ADJACENT: Means parcels of real property which are separated only by intervening public right-of-way, easement or waterway.
ADMINISTRATOR: Means the Planning and Zoning Administrator of the City of Bellevue, Idaho.
BELLEVUE SUBDIVISION ORDINANCE: Means Bellevue ordinance 91-01 and amendments thereto.
CITY: Means the City of Bellevue, Idaho.
COMMISSION: Means the Bellevue Planning and Zoning Commission.
COMPREHENSIVE PLAN: Means the Bellevue Comprehensive Plan and amendments thereto.
CONDITIONAL USE: Means a use or occupancy of land permitted only upon the issuance of conditional use permit, and subject to the limitations and restrictions specified in such permit. A conditional use is also referred to as a special use permit under Idaho Code section 67-6512.
CONTIGUOUS AND ADJOINING: Mean parcels of real property which have a common property line.
COUNCIL: Means the Common Council of Bellevue, Idaho.
DULY NOTICED PUBLIC HEARING: Means a public hearing with notice as required by the applicable laws of the State of Idaho.
NATURAL RESOURCES: Means wetlands, riparian areas, wildlife habitat, wildlife migration corridors, significant existing trees and significant geological features.
NET LAND AREA: Means all lands within a proposed PUD except land: a) with a slope of more than fifteen percent (15%) or laying above such slope line or b) within a floodway or c) within streets or parking areas.
OWNER: Means the individual, firm, association, syndicate, partnership, corporation, or other entity having an interest in the real property proposed for development as a PUD by ownership or option to purchase.
PARKING AREA: Means the entire parking and vehicular circulation area(s) associated with the planned unit development, including parking spaces, access drives and aisles, and loading areas.
PERMITTED USE: Means an authorized use in a particular zone district which does not require a conditional use permit, but which is subject to the restrictions particular to that district.
PLANNED UNIT DEVELOPMENT OR PUD: Means development of land in which the standard land use regulations may be modified or waived in order to promote beneficial development of an entire tract of land in conformance with an approved PUD permit and development plan accentuating useable open space, recreational uses, public amenities, and harmonious development with surrounding properties and the City at large.
RESIDENTIAL DEVELOPMENT DENSITY: Means the total number of residential dwelling units permitted under this title within the net land area of the PUD, but excluding the areas proposed for commercial, light-industrial and other non-residential uses.
USEABLE OPEN SPACE: Means green belts and landscaped common areas devoid of buildings, streets, parking areas, or structures. Useable open space shall not include the area within any floodway, or the riparian setback of the Big Wood River or the area with a slope of greater than fifteen percent (15%). The areas of active recreational uses shall also be included in the calculation of useable open space. (Ord. 2006-15, 8-10-2006)