A. Interpretations Of Terms Or Words: For purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
1. The present tense includes the past or future tense; the singular includes the plural, and plural includes the singular;
2. The word "shall" is mandatory; "may" is permissive; and the word "should" is preferred; and
3. The masculine shall include feminine.
B. Meanings Of Terms Or Words:
AGRICULTURE: Is defined as any facility for the growing, raising or production of agricultural, horticultural and viticultural crops and vegetable products of the soil, poultry and poultry products, livestock, field grains, seeds, hay, apiary and dairy products, and the processing for commercial purposes of livestock or agricultural commodities. Agricultural shall also include forestlands, whether being harvested or not.
BLOCK: Means the space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right-of-way, waterway or other similar barrier, whichever is lesser.
BUILDING: Means any structure built for the protection, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING SETBACK: Means an imaginary line established by the zoning ordinance requiring all buildings to be set back a certain distance from lot lines and street rights-of-way.
BUILDING SITE: Means any area upon which the developer proposes to erect or construct a building or make improvements to render the property suitable for the erection of a building, together with the surrounding land which is intended to be used in conjunction with such building or improvements.
CEMETERY: Means a lot that has been planned for the selling of sites for the burial of animal or human remains.
COMMISSION: Means the Planning and Zoning Commission of the City of Deary.
COUNCIL: Means the City Council of the City of Deary.
COUNTY RECORDER: Means the Office of the County Recorder.
COVENANT: Means a written promise or pledge.
CULVERT: Means a drain that channels water under a bridge, street, road or driveway.
DEDICATION: Means the setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the City as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.
DEVELOPER: Means authorized agent(s) of a subdivider or the subdivider himself.
DWELLING UNIT: Means any building or other structure proposed or built for occupancy by people.
EASEMENT: Means a grant by a property owner to specific persons or to the public to use land for specific purposes.
ENGINEER: Means any person who is licensed in the State to practice professional engineering.
GOVERNING BODY: Means the City Council of the City of Deary.
HIGHWAY: Means a street designated as a highway by an appropriate State or Federal agency.
IMPROVEMENT: Means any alteration to the land or other physical constructions associated with subdivisions and building site development.
LARGE-SCALE DEVELOPMENT: Means a subdivision the size of which consists of ten (10) or more lots or dwelling units.
LOT: Means a unit of land described by metes and bounds or part of a recorded subdivision so recorded for transfer of ownership.
LOT AREA: Means the area of any lot shall be determined exclusive of streets, highways, alley, road or other right-of- way.
LOT DIVISION: Means the division of an original lot into no more than two (2) buildable lots with both buildable lots complying with all underlying zoning regulations. Original lot means a lot that has not previously been divided or that is not the result of a previous lot division.
LOT LINE ADJUSTMENT: Means an adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.
LOT TYPES: As used in these regulations, are as follows:
1. Corner lot is a lot located at the intersection of two (2) or more streets.
2. Interior lot is a lot other than a corner lot, with frontage on only one street.
3. Reversed lot is a lot with frontage on a side street or other right-of-way other than interior or corner lot.
MANUFACTURED HOME: Means a structure, constructed according to the HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standard established under 42 USC 5401 et seq.
MANUFACTURED HOME PARK: Means a subdivision designed and intended for residential use where residence is in manufactured homes exclusively.
MOBILE HOME: Means a structure similar to a manufactured home, but built to a State Mobile Home Code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).
MONUMENT: Means any permanent marker either in concrete, galvanized iron pipe, or iron or steel rods, used to permanently establish any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.
OPEN SPACE: Means an area open to the sky for outdoor recreation activity. Streets, buildings or other covered structures are not included in computing these areas.
ORIGINAL PARCEL: Means a lot or tract as recorded on any plat or record on file in the Office of the County Recorder. Any unplatted contiguous parcel (not including roadways) of land held in one ownership and of record on file shall be considered one lot.
OWNER: Means the individual, firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.
PERFORMANCE BOND: Means an amount of money or other negotiable security paid by the subdivider or his surety to the City which guarantees that the subdivider will perform all actions required by an approved plat, and provide that if the subdivision defaults and fails to comply with the provisions of an approved plat, the subdivider or his 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: Means a use or a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under which is developed for the purpose of selling or renting individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings as governed by this chapter. The requirements of this chapter may be modified by the Board to achieve the best possible development for the specific site under consideration.
PLAT: Means 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.
1. Preliminary plat: The first formal presentation by maps or drawings of a proposed subdivision, cemetery, townsite or other tract of land or a replatting of such including certifications, descriptions and approvals.
2. Final plat: The final and formal presentation by maps or drawings of an approved subdivision development, the original and one copy of which is filed with the City Clerk and County Recorder.
RESERVE STRIP: Means a strip of land between a dedicated street or partial street and adjacent property, in either case, reserved or held in public ownership for future street extension or widening.
RIGHT-OF-WAY: Means a strip of land dedicated or reserved for the use as a public way and which normally includes sidewalks and other public utilities or service areas.
SIDEWALK: Means that portion of the street right-of-way outside the street pavement, which is improved for pedestrian use. (Also known as a "walkway".)
STATE: Means the State of Idaho.
STREET: Means a right-of-way which provides access to adjacent properties the dedication of which has been officially accepted. The term "street" also includes the terms highways, thoroughfares, parkway, road, avenue, boulevard, lane, place and other such items.
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 between communities.
Collector: A street designated for the purpose of carrying traffic from the minor streets to the other collecting streets and/or arterial streets.
Commercial: A street designated for the purpose of providing traffic movement in a commercial area.
Cul-De-Sac: A street connected to another street at one end only which shall not be more than five hundred feet (500') in length and shall terminate with an adequate temporary turnaround having a minimum radius of fifty feet (50') for right-of-way.
Dead-End: A street connecting to another street at one end only and not having provisions for vehicular turnaround at its terminus.
Frontage: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
Industrial: A street designated for the purpose of providing traffic movement in an industrial area.
Loop: A minor street with both terminal points on the same street of origin.
Minor: A street that has the primary purpose of providing access to abutting properties.
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: A street that provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance.
Side Street: A secondary street that provides access to a corner lot of which the principal building is not oriented toward.
Stub Street: Stub streets shall terminate with an adequate temporary turnaround having a minimum radius of fifty feet (50') for the right-of-way.
SUBDIVIDER: Shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter; the subdivider need not be the owner of the property, however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: Means the division of an original lot, tract or parcel of land into more than two (2) parts where any part is less than twenty (20) acres for the purpose of transfer of ownership or development; which shall include the dedication of a public street. However, this chapter shall not apply to any of the following:
1. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat; provided, however, an application for a lot line adjustment must be made to the City Council in the form approved by the Council, which may approve, deny, or approve with conditions the application based upon any requirement found within this chapter or to mitigate any impact of the lot line adjustment, so long as the resulting lots are in compliance with this Code. A fee for said application shall be set by resolution;
2. Divisions made for the purpose of lot line adjustments where no additional building sites are created and where the resultant tracts comply with zoning ordinance requirements;
3. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
4. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
5. Widening of existing streets to conform to the Comprehensive Plan;
6. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage; and
7. Subdivisions where each parcel is twenty (20) acres or larger.
8. Divisions of original lots into no more than two (2) buildable lots; provided, however, an application for a lot division must be made to the City Council in the form approved by the Council, which may approve, deny, or approve with conditions the application based upon any requirement found within this chapter or to mitigate any impact of the lot division, so long as the resulting lots are in compliance with this Code. A fee for said application shall be set by resolution.
SURVEYOR: Means any person who is licensed in the State as a public land surveyor to do professional surveying.
UTILITIES: Means installation for conducting water, sewage, gas, electricity, television, storm drains, and similar facilities providing service to and used by the public.
VARIANCE: Means a modification of the strict terms of the relevant regulations where such modifications will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance shall apply to modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
VICINITY MAP: Means a small-scale map showing the location of a tract of land in relation to a larger area. (Ord. 378, 2017)