For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
ADMINISTRATOR: An official, having knowledge in the principles and practices of subdividing, who is appointed by the Board to administer this title.
ALLEY: A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
AS BUILT PLANS: Revised construction plans in accordance with all approved field changes.
BLOCK: An area of land within a subdivision that is entirely bounded by streets, highways or ways, (except alleys) and the exterior boundary or boundaries of the subdivision.
BOARD: The Benewah County Board of County Commissioners.
BOUNDARY LINE ADJUSTMENT: The adjustment of property lines between two or more existing contiguous lots or tracts or parcels of land.
BUILDING LINE OR SETBACK LINE: A line parallel with a property line, street right-of-way line, shore of a lake, edge of a stream, or river bank, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and such property line, street right-of-way, shore of a lake, edge of a stream, or river bank.
CAPTION: The name by which a plat is legally and commonly known.
COMMERCIAL DEVELOPMENT: A planned commercial center providing building, parking and service areas, screen planting and widening and turning movement and safety lane roadway improvements.
COMPREHENSIVE PLAN: A plan adopted by the County for the physical development of the County showing the general location of major streets, parks, public building sites, land use and similar information. The plan may consist of maps, data and other descriptive matter.
CROSSWALKWAY (PEDESTRIAN WALKWAY): Right-of-way dedicated to public use and which crosses a block to facilitate pedestrian access to adjacent streets and properties.
DEDICATION: The intentional appropriation of land by the owner to public use.
EASEMENT: A legal encumbrance placed against a property for access or for other specific purposes, including public utility easements granted for facilities providing service to the property or neighboring properties.
FLOODPLAIN: That area of land adjoining the channel of a river, stream, watercourse, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for that region, based on 100-year frequency as defined in the Benewah County flood damage prevention ordinance.
GOVERNING BODY: The Board of County Commissioners of Benewah County, Idaho.
GREENBELTS OR BUFFER PARKS: A strip or parcel of land, privately restricted or publicly dedicated as open space, located between incompatible uses for the purpose of protecting and enhancing the residential environment.
HIGHWAY DEPARTMENT: The State Highway District.
IMPROVEMENTS: Any structure incident to servicing or furnishing facilities for a subdivision such as grading, street surfacing, curb and gutter, driveway approaches, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays, canals, and other such items, together with all appurtenant construction.
INDUSTRIAL DEVELOPMENT: A planned industrial area designed specifically for industrial use and providing screened buffers, wider streets and turning movement, and safe roadway improvements where necessary.
LOT: A platted portion of a parcel or tract of land which is described and fixed in and by a recorded plat.
LOT DEPTH: The horizontal distance between the front and rear lot lines as measured along the median between the side lot lines.
LOT WIDTH: The horizontal distance between the side lot lines measured at the setback line and at right angles to the lot depth.
PARCEL OR TRACT:
A. Unplatted Parcel Or Tract: A contiguous area of land located within a single section, described in a single accepted conveyance; separately owned, either publicly or privately, and capable of being separately conveyed.
B. Platted Parcel Or Tract: A lot legally created in an accepted plat, each legal lot standing alone; either publicly or privately, and capable of being separately conveyed.
PARENT PARCEL: A parent parcel is the complete contiguous parcel within a single section as defined by its legal description owned as of August 14, 1972.
PLANNED UNIT DEVELOPMENT: A land area which has both individual building sites and public property, such as a park, and which is designated and developed under one owner or organized group as a separate neighborhood or community unit.
PLANNING COMMISSION: The Planning and Zoning Commission of Benewah County, Idaho, as established by the Board of County Commissioners thereof.
PLAT: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, including certifications, descriptions, and approvals; two (2) types of plats are contemplated by the provisions of this title and are defined as follows:
Preliminary Plat: A map showing the salient features of a proposed subdivision of land submitted to an approving authority for the purpose of preliminary consideration.
Final Plat: A map of a subdivision of land made up in final form ready for approval and recording.
PROPRIETOR, SUBDIVIDER OR DEVELOPER: A natural person, firm, association, partnership, corporation, or combination of any of them, which may hold any recorded or unrecorded ownership interest in land.
PUBLIC HEARING: A hearing held pursuant to the Local Land Use Planning Act and title 11, chapter 1 of this Code.
PUBLIC OPEN SPACE: Land dedicated or reserved for use by the general public, including, but not limited to, parks, parkways, recreation areas, school sites, community or public building sites, streets, highways and public parking spaces.
PUBLIC UTILITY: All persons, firms, corporations, partnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, telegraph, storm sewers, sanitary sewers, transportation, communication, or other services of similar nature.
REGIONAL HEALTH DISTRICT: Panhandle Regional Health District no. 1 of the Idaho Department of Health.
RIGHT-OF-WAY: Land reserved, used, or to be used for a street, alley, walkway, or other public purpose.
ROAD DEPARTMENT: The Benewah County Road Department.
SIGHT DISTANCE: The unobstructed vision on a horizontal plane along a street centerline from a driver eye height of 3.75 feet to an object height of six inches (6").
SIMPLE DIVISION: The division of any parcel of land into two (2) or more parcels for the purpose of transfer of ownership or development and where subdivision approval is not required. See also Chapter, Parcel Division Regulations.
STREET: A right-of-way which provides for vehicular and pedestrian access to abutting properties, types of which are:
Arterial Street: Those streets of considerable continuity which are or may be used primarily for fast or heavy traffic.
Collector Street: Those streets used to carry traffic from minor streets to arterial streets to large residential developments.
Cul-De-Sac: A minor street of short length having one end terminated by a vehicular turnaround.
Freeway: Those streets designed for high speed, high volume through traffic, with completely controlled access, no grade crossings, and no private driveway connections.
Frontage Road: A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic but not carrying through traffic.
Limited Access: Those streets designed for high speed, high volume traffic, with full or partially controlled access, some grade crossings, but no driveway connections.
Minor Street: A street which is intended primarily for access to abutting properties.
Parkway: A street designed for noncommercial, pleasure oriented traffic moving at moderate speeds between and through scenic areas and parks.
STREET WIDTH: The shortest distance between the lines delineating the rights-of-way of streets.
SUBDIVISION: Any division of any unplatted tract or parcel of land into five (5) or more parcels for the purpose of transfer of ownership or development where any resulting parcel is less than twenty (20) acres (or less than a comparable 1/32 section aliquot part).
Recreational Subdivision: Any subdivision which is intended solely for recreational purposes, and for which every resulting parcel will have a plat restriction prohibiting the building of any residential structures and any enclosed structures greater than two hundred (200) square feet;
Rural Subdivision: Any subdivision where all resulting parcels are five (5) acres or larger, which does not otherwise qualify as a “Recreational Subdivision”;
Urban/Suburban Subdivision: Any subdivision where any resulting parcel is less than five (5) acres, which does not otherwise qualify as a “Recreational Subdivision”.
SURVEYOR: A legally qualified surveyor authorized to perform land surveying in the State of Idaho.
TOPOGRAPHICAL MAP: A map showing existing physical characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage. (Ord. 2018-139, 2-26-2018; amd. Ord. 2022-152, 9-12-2022; Ord. 2023-158, 10-23-2023)