Certain terms and words are hereby defined for the purpose of this title. When consistent with the context, the present tense includes the past or future tense, the singular includes the plural and the plural includes the singular. The word shall is mandatory, may is permissive and should means the preferred action. The following words and 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.
AGRICULTURAL PURPOSES AND AGRICULTURAL USES: Refer to title 9, chapter 2, "Definitions", of this Code.
ALLEY: A minor public way providing secondary access at the back or side of a property otherwise abutting a street.
AREA MEDIAN INCOME (AMI): See definition in section 9-35-2 of this Code.
BANK: The ordinary high water level of the stream, river, lake or impoundment, which in the absence of evidence to the contrary shall be presumed to be the edge of the vegetation growing along the shore.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARD: The Blaine County Board of County Commissioners.
BUILDABLE ACRES: Land where the slope does not exceed twenty five percent (25%) and where building sites can be located (see definition of buildable site).
BUILDABLE SITE: A construction site which will not require diking or riprap for protection against flooding, nor increase the possibility of contamination of ground or surface water from septic tanks and drain fields, nor require that the proposed site be excavated so as to oversteepen a slope or toe of a slope, nor be located within any Floodplain Overlay, Wetlands Overlay, Mountain Overlay or Scenic Highway Overlay district.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ENVELOPE (PLATTED): An area depicted on a recorded subdivision plat indicating where all buildings shall be located, unless the plat indicates otherwise.
BUILDING SETBACK LINE: An imaginary line established by title 9 of this Code that requires all buildings to be set back a certain distance from lot lines.
BUILDING SITE: A proposed pad for construction of a habitable structure that is not subject to hazards such as flooding, high groundwater, subsidence, avalanche, landslide, infringement on wildlife areas, contamination of water tables or other similar hazards.
CITY: An incorporated municipality.
COMMISSION: The Blaine County planning and zoning commission.
COMMUNITY HOUSING LOT: A subdivided lot or a tract of land restricted to community housing voluntarily by the owner.
COMMUNITY HOUSING UNIT: See definition in section 9-35-2 of this code.
COMPREHENSIVE PLAN: The Blaine County comprehensive land use plan.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property or in any combination thereof.
COUNCIL: The city council of the municipal governing body.
COUNTY RECORDER: The office of the county recorder of Blaine County, Idaho.
COVENANT: A written agreement, pledge or promise of two (2) or more parties by which any of the parties pledges themselves to others that something is done or will be done.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The conveyance of land or interest in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land may become public property if and when the county accepts the land for dedication.
DEVELOPER: Authorized agent of a subdivider or the subdivider himself/herself.
DISPOSITION: A contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land, a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made under one of the foregoing.
DOMESTIC WATER: Water from wells granted by the Idaho Department of Water Resources under the domestic exemption, pursuant to Idaho Code, Title 42.
DRAINAGEWAY: A watercourse, gully, dry stream, creek or ditch which carries storm water runoff, or which is subject to flooding or ponding, or which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek, or ditch.
DWELLING UNIT: A single building or part thereof providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating and sanitation.
EASEMENT: A nonpossessory interest in real property which gives the holder of such interest the right to use some part, or all, of the real property of another.
ENGINEER (SURVEYOR), COUNTY: That registered engineer or surveyor appointed by the board to check plats and make such surveys, maps and plats as ordered by the board.
FLOODPLAIN, 100-YEAR: The lowland near the channel of a river, stream, lake or other body of water which has been or may be covered by water of 100-year frequency, as established by the engineering practices as specified by the federal emergency management agency.
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood Of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year as determined by probability analysis of historical hydrological data.
Floodway: The channel, watercourse or portion of the floodplain adjoining the channel which is reasonably required to carry and discharge the floodwater of any watercourse, with maximum allowable rise of one foot (1') due to potential building encroachment.
GOVERNING BODY: The board of county commissioners.
HEAVY INDUSTRIAL USE: The manufacture, processing and testing of goods and materials, including the production of power, where the primary or incidental byproducts of such use (such as noise, smoke, odor, glare, gas or heavy vehicle use) may have a negative effect on neighboring property.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision where one or more lots proposed for building development have a slope of fifteen percent (15%) or more.
IMMEDIATE FAMILY: A spouse of the grantor, a child of the grantor and a parent of the grantor.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.
IN LIEU FEES: The subsidy amount calculated pursuant to the Blaine Ketchum housing authority guidelines that is annually calculated and adopted by the authority.
LARGE SCALE DEVELOPMENTS: A subdivision consisting of ten (10) or more lots, townhouse sublots, or multi-family units.
LIGHT INDUSTRIAL USES: Warehousing, wholesaling, manufacturing and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise or vibration which cannot be confined to the site itself and which therefore can be designed to operate compatibly in close proximity to adjoining commercial or residential uses. It does not include commercial uses such as retail sales or services.
LOT: A parcel, plot, tract or other contiguous land area which is created by subdivision for sale, transfer or lease.
LOT AREA: The area of any lot exclusive of street and road easements.
MANUFACTURED HOME: A structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards and as defined by Idaho Code section 39-4105. For clarification, this definition excludes mobile homes, recreational vehicles and park trailers.
MOBILE HOME: A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation, as defined by Idaho Code section 39-4105.
MOBILE/MANUFACTURED HOME PUD: A residential planned unit development designed for siting mobile or manufactured homes on individual lots under individual ownership.
MOBILE/MANUFACTURED HOME PARK: A residential development designed for siting mobile or manufactured homes on individual spaces that are rented or leased.
MOBILE/MANUFACTURED HOME SUBDIVISION: A subdivision designed for mobile home and manufactured home residential use on individual lots under individual ownership.
MONUMENT: Any permanent marker either of concrete, galvanized iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303.
OPEN SPACE, PRIVATE: A land or water area devoid of buildings, streets, parking or other physical structures, except fences and irrigation structures.
OPEN SPACE, PUBLIC: An open space area managed or owned by the public is any parcel of land which remains undeveloped for scenic, wildlife, vegetative, recreation, visual relief or other related public purposes. Some examples include wilderness areas, natural areas, buffer zones, scenic corridors and botanical gardens. Permitted management activities are limited to fences, signs, parking, irrigation systems and public access trails. The site design is to protect natural features of the open space while allowing public access.
ORDINARY HIGH WATER MARK: The mark on all watercourses, where the presence and action of waters is so common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. With respect to the riparian setback, in areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.
ORIGINAL LEASEHOLD PARCEL: An unplatted parcel of land that: is within a lot of record; was separately created and described by metes and bounds that are sufficiently certain and accurate for the county engineer or surveyor to locate the property; was conveyed by a written lease agreement for a period of ten (10) or more years; and has been leased continuously for residential or recreational purposes by an individual or entity or their successor since at least April 15, 1971, the effective date of Blaine County's first subdivision regulations.
ORIGINAL PARCEL OF LAND: An unplatted contiguous parcel of land held in one ownership and of record on a single deed at the effective date hereof (April 14, 1977). Single deeds that express a clear intent to convey land as separate parcels (i.e., parcel 1: property description; ... parcel 2: property description; ...) as of April 14, 1977, shall be recognized as separate original parcels of land. Reference the definition of "lot of record" in section 9-2-1 of this code for further information.
OWNER: The individual, firm, association, syndicate, partnership, corporation or other entity having proprietary interest in the land to be subdivided. A leasehold interest is excluded from such proprietary interest.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or subdivider's surety to the county clerk and recorder which guarantees that the subdivider will perform all actions required by the governing body regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or subdivider's surety will pay damages up to the limit of the bond or the surety will itself complete the requirements of the approved plat.
PLANNED UNIT DEVELOPMENT: An area of land developed primarily for residential use in which normal restriction of lot sizes, setbacks, densities and land uses may be adjusted in return for conformity with an approved plan for the total parcel.
PLAT: A graphic representation of a subdivision showing the division of land into lots, parcels, blocks, streets and alleys and other elements of a subdivision, cemetery, townsite or another tract of land, or a replatting of such including certifications, descriptions and approvals.
Final Plat: The final drawing of the subdivision or other type of plat prepared for filing for record with the county clerk and recorder.
Preliminary Plat: A scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots and other elements of a subdivision for review by a governing body and shall include covenants running with the land.
Recorded Plat: A plat filed and recorded by the county clerk and recorder. For the purpose of addressing state sanitary restrictions on land development, any recorded plat is considered a subdivision plat.
Short Plat: A plat of a subdivision of four (4) or less lots.
POTABLE WATER SOURCE: Private water system, such as wells and springs, or public water systems.
POWER TRANSMISSION LINE: An electrical line designed to transport sixty nine thousand (69,000) volts (69 kV) or more of electrical power.
PUBLIC FACILITIES: Structure for the use and benefit of the community, including, but not limited to, a school, hospital, church or cultural building.
PUBLIC WATER SYSTEM: A system that provides the public with piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty five (25) individuals daily at least sixty (60) days out of the year. Such term includes:
A. Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and
B. Any collection or pretreatment storage facilities not under such control that are used primarily in connection with such system.
REFERENCE ROAD: Any federal, state or city public road, or county road designated as a graded and drained or higher improvement designation on the official county highway map.
RESUBDIVISION: The subdivision of a lot or parcel created by a previous legal subdivision of land.
RIGHT OF WAY: A strip of land dedicated or acquired for use as a public thoroughfare, which normally includes streets, sidewalks and other public utilities or service area.
SCENIC CORRIDOR: An area of significant scenic importance to the county as a representation of the rural character and general attractive beauty of the county. Scenic corridor 1 (SC1) includes the area on both sides of State Highway 75 north of the east to west Glendale Road intersection that is visible from said State Highway 75. The designated scenic travelway contained within SC1 is State Highway 75, carrying the largest volume of commuter, recreational and tourism traffic in Blaine County.
SEPTIC SYSTEM: A sewage disposal system consisting of a septic tank and drain field large enough to ensure the disposal capacity of the anticipated volume of sewage.
SHORT SUBDIVISION: A subdivision of land into four (4) or less lots, parcels or townhouse sublots.
SINGLE-FAMILY DWELLING: A permanent structure designed and used as the living quarters of a primary family or housekeeping unit. This shall not include a mobile home unit. (See definition of Mobile Home.)
SKYLINED: An outline of a structure against the background of the sky as viewed from federal roads, state roads and/or roads as shown on the grade and drain map for the county.
STANDARD SPECIFICATIONS: The standard specifications for public works as officially adopted and amended.
STATE: The state of Idaho.
STREET: A right of way which provides access to adjacent properties and that has been officially accepted. Street shall include the terms highway, thoroughfare, parkway, road, avenue, boulevard, land and place.
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Cul-De-Sac: A street connected to another at one end only and provided with a turnaround space at its terminus.
Dead End: A dead end street is one that ends abruptly with no provision for egress or turnaround.
Half Street: A right-of-way easement which provides only half of the usual required right-of-way width in anticipation of having adjacent land dedicated for the remaining required width.
Minor Street: A street which has the primary purpose of providing access to abutting properties and not for through traffic.
Partial: A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
Private Driveway: Private, nondedicated vehicular access to adjacent properties, which may not be built to County road standards.
Private Street: A street that is not dedicated to or accepted by the Board for public use or maintenance.
Stub: A street that ends at an ownership line or development phase boundary and provides temporary cul-de-sac turnaround until the road is extended according to prior agreement.
STRUCTURE: Refer to title 9, chapter 2, "Definitions", of this Code.
SUBDIVIDER: Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdivision of land.
SUBDIVISION: The division of a lot, tract or parcel of land into two (2) or more parts for the purpose of sale, lease or building development, whether immediate or future. For the purpose of addressing state sanitary restrictions on land development, any type of plat is considered a subdivision plat.
SURVEYOR: A person who is licensed in Idaho as a public land surveyor to do professional surveying.
TOWNHOUSE DEVELOPMENT: A planned project of two (2) or more townhouse units where a duplex is permitted either as part of previous development approvals or in title 9 of this Code that may be constructed as single building(s) containing two (2) or more townhouse units, each unit being separated from the adjoining unit or units by a one hour fire resistant party wall or walls extending from the basement floor to the roof along the dividing townhouse sublot line, each unit having its own access to the outside and no unit located over another unit in part or in whole. All townhouse development(s) shall be platted under the procedures contained herein.
TOWNHOUSE SUBLOT: The lot(s) resulting from platting a townhouse development. Townhouse sublots shall have a minimum area equal to that of the perimeter of each individual townhouse unit measured at the foundation. Said sublots shall not be buildable for structures other than a "townhouse unit" as defined herein. Platting of sublots shall follow the procedures set forth in this title and other applicable codes in effect. Detached garages, guesthouses and all other detached and/or accessory buildings shall be contained within the perimeter of the townhouse sublot.
TOWNHOUSE UNIT: One or more rooms, including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot.
TRACT: Land area proposed to be subdivided.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater and similar facilities providing service to and used by the public.
VICINITY MAP: A small map showing the location of a tract of land in relation to a larger area.
VISIBILITY: Quality, state or fact of being visible.
VISIBLE: Capable of being seen or exposed to view without aid of binoculars or other vision enhancing devices, to the occupants of an automobile traveling upon a reference road.
WATERCOURSE: A natural depression or channel which gives direction to a current of water at any time of the year.
WELLHEAD PROTECTION AREA: Land in Blaine County that is located within a ten (10) year time of travel zone of a public water system as determined by Idaho Department of Environmental Quality, or land within three hundred feet (300') of a potable water source.
WILDLAND URBAN INTERFACE: The zone of transition between unoccupied land and human development. It is the line, area or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.
YARDSCAPE: Introduced vegetation such as grass and ornamental shrubs, forbs and trees that may require irrigation in a normal cycle. (Ord. 2023-10, - -2023; Ord. 2021-07, 5-11-2021; Ord. 2020-04, 9-15-2020; Ord. 2018-01, 1-23-2018; Ord. 2012-07, 10-9-2012; Ord. 2012-05, 6-5-2012; Ord. 2008-13, 10-7-2008; Ord. 2008-10, 7-8-2008; Ord. 2006-13, 10-26-2006; Ord. 2006-03, 6-29-2006; Ord. 2000-11, 11-6-2000; Ord. 98-8, 10-5-1998; Ord. 94-13, 11-14-1994; Ord. 94-4, 6-16-1994; Ord. 93-2, 1-11-1993; Ord. 92-4, 8-10-1992; Ord. 77-6, 3-28-1977, eff. 4-14-1977)