(A) Interpretation. For the purpose of these regulations, 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 the plural includes the singular.
(2) The word “shall” is mandatory, “may” is permissive, and the word “should” is preferred.
(3) The masculine shall include the feminine.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. Flood having an indicated average frequency of occurrence once in 100 years, although the flood may occur in any year.
100-YEAR FLOOD ELEVATION. The maximum high water elevation of the 100-year flood at any given point on the floodplain.
BLOCK. A group of lots, tracts, or parcels within well-defined boundaries, usually streets.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING SETBACK LINE. An imaginary line established by subdivision regulations and zoning ordinances requiring all buildings to be set back a certain distance from lot line.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation, or other means for erecting foundations or pads for buildings.
CITY. The City of Dietrich, Idaho, as specified by city ordinance.
CEMETERY. A lot that has been platted for the selling of sites for the burial of animal or human remains.
COMMISSION. Duly authorized City Planning and Zoning Commission or, in the absence of such, the City Council.
COMPREHENSIVE PLAN. An adopted document that herein may be referred to as a COMPREHENSIVE PLAN. The document shall show the general location and extent of present and proposed development, including, but not limited to, housing, industrial, and commercial uses, streets, parks, schools and other community facilities.
CONDOMINIUM. A multi-family dwelling containing two or more dwelling units in which each unit is under single ownership, excluding the ground beneath the unit.
COUNCIL. The City Council of the city.
COUNTY RECORDER. The office of the County Recorder.
COVENANT. A written promise or pledge.
CUL-DE-SAC. A street connected to another street at one end only and provided with a turn-around space at its terminus.
CULVERT. A drain that channels water under a bridge, street, road, or driveway.
DEAD-END. A street connecting to another street at one end only and not having provision for vehicular turn-around at its terminus.
DEDICATION. The setting apart of land or interest in land for use by the public. Land becomes dedicated, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such DEDICATION.
DEVELOPER. The owner or his or her legally authorized agent of lands that are being platted or mapped, or authorized agent(s) of a subdivider or the subdivider himself or herself.
DWELLING UNIT. A building or separate portion thereof having a single kitchen and at least one bathroom to be occupied exclusively as a residence.
EASEMENT. A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription.
ENGINEER. Any person who is licensed in the state to practice professional engineering.
FLOOD. General and temporary condition of partial or complete inundation of normally dry lands from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation of runoff or surface waters from any source.
FLOODPLAIN. A relatively flat area or low land adjoining a body of water, which has or may be inundated by water from the 100-year flood.
FLOODWAY. The portion of the flood hazard area that includes the channel and the portion of the adjacent area that conveys the major portion of the flow for the 100-year flood.
FRONTAGE. A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
GOVERNING BODY. The Mayor and City Council of the city.
HIGHWAY. A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION. Any subdivision or portion thereof having an average slope of 10% or more.
IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site developments.
LARGE SCALE DEVELOPMENT. A subdivision, the size of which consists of 50 or more lots or dwelling units.
LOT. A parcel, plot, tract, or other land area of suitable size as required in these regulations and the existing zoning ordinance and created by subdivision for sale, transfer, or lease.
LOT AREA. The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.
LOT TYPES. As used in these regulations, LOT TYPES are as follows:
(a) CORNER LOT. A lot located at the intersection of two or more streets.
(b) INTERIOR LOT. A lot other than a corner lot with frontage on only one street.
(c) REVERSED LOT. A lot with frontage on a side street or other right-of-way other than interior or corner lot.
(d) THROUGH LOT. A lot with frontage on more than one street other than a corner lot. Also known as DOUBLE FRONTAGE LOTS.
MANUFACTURED HOME. As defined in the state’s code.
MOBILE HOME PARK. A park designed and intended for purposes of rental spaces where residence is in manufactured homes exclusively.
MOBILE HOME. As defined in the state’s code. No MOBILE HOME may be placed on a single-family lot or mobile home park within the city after the effective date of this code of ordinances unless it meets the rehabilitation standard as specified in Idaho Code Title 44 and also meets the siting standards of a manufactured home as stated above. MOBILE HOMES do not include recreational vehicles.
MONUMENT. Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to permanently establish any tract, parcel, lot or street lines, as specified in Idaho Code § 50-1303.
OPEN SPACE. 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 OF LAND. A lot or tract as recorded on any plat or record on file in the office of the County Recorder, or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this code of ordinances.
OWNER. The individual, firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.
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.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his or her surety to the City Clerk and/or Recorder which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his or her 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 SUBDIVISION. A project controlled by one owner, partnership, or corporation and characterized by a unified site design, involving varying the normal zoning requirements and restrictions so that the maximum long-range benefit can be gained and the unique features of the site preserved and enhanced.
PLAT. The drawing, mapping, or planning of a subdivision, cemetery, townsite, or other tract of land or a re-platting of such, including certifications, descriptions, and approvals:
(1) PRELIMINARY PLAT. The first formal presentation by maps or drawings of a proposed subdivision as required in these regulations; and
(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 County Clerk and Recorder.
POST. The act of placing posters on or near the property under construction to be subdivided in a visible location near the closest public roads.
PRIVATE. A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance.
RECREATIONAL VEHICLE PARK. Rental space for recreational vehicles on a limited basis, generally overnight, but normally not longer than a week. This may include motor homes and pickup campers.
RESERVE STRIP. A strip of land between a dedicated street or partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RIGHT-OF-WAY. A strip of land dedicated or reserved for use as a public way, which normally includes streets, sidewalks, and other public utilities of service areas.
SIDE STREET. A secondary street that provides access to a corner lot of which the principle building is not oriented toward.
SIDEWALK. The portion of the street right-of-way outside the street surface which is improved for pedestrian use.
STANDARD SPECIFICATIONS. The specifications as may be specified in this code of ordinances or as officially adopted by the city.
STATE. The State of Idaho.
STREET. 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 HIGHWAY, THOROUGHFARE, PARKWAY, ROAD, AVENUE, BOULEVARD, LANE, PLACE and other such terms.
(a) ALLEY. A minor street providing secondary access at the back or side of a property otherwise abutting a street.
(b) ARTERIAL. A street designated for the purpose of carrying heavier traffic movements.
(c) COLLECTOR. A street designated for the purpose of carrying traffic from minor streets to other COLLECTOR STREETS and/or arterial streets.
(d) MINOR. A street which has the primary purpose of providing access to abutting properties.
SUBDIVIDER. 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 or she shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION. The division of a previously un-platted tract of land, which may or may not include streets, highways, alleys, or other land intended to be dedicated to the public use.
SURVEYOR. Any person who is licensed in the state as a public land surveyor to do professional surveying.
TRACT. A defined area of land.
UTILITIES. Installations for conducting water, sewage, gas, electricity, television, storm water, and similar facilities providing service to and used by the public.
VARIANCE. A modification of the strict terms of the relevant regulations where such modification 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.
VICINITY MAP. A small-scale map showing the location of a tract of land in relation to a larger area.
(Ord. 2006-01, passed - -2006)