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Terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular.
B. The word "shall" is mandatory; the word "may" is permissive; and the word "should" is preferred.
C. The masculine shall include the feminine.
As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ADMINISTRATOR: The zoning administrator for the city of Eagle, Idaho.
ALLEY: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BUILDING: A structure designed or used as the living quarters for one or more families, or a structure designed for use as an accessory to a structure used for living quarters or a structure designed for commercial or industrial uses.
BUILDING SETBACK LINE: An imaginary line established by a zoning ordinance that requires all buildings to be set back a certain distance from lot lines.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or human remains.
CITY: The city of Eagle, Idaho.
CITY COUNCIL: The city council of Eagle, Idaho.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
COMMISSION: The planning and zoning commission of the city.
COMMON AREA OPEN SPACE: Land within a development, not individually owned or dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), or for use as private streets, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements (see definitions of Open Space; Open Space, Active; and Open Space, Passive).
COMPREHENSIVE PLAN: An adopted document that herein may be referred to as a comprehensive plan or comprehensive development plan.
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property or in any combination thereof.
COUNTY RECORDER: The office of the Ada 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 turnaround space at its terminus.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEAD END STREET: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
DEDICATION: The setting apart of land or interests 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 becomes public upon the acceptance by the city.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DITCH: An open channel artificially constructed.
DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with "runoff" as used herein.
DRAINAGE CHANNEL: A natural channel, ditch, pipe or other conduit for liquid, naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet points and then convey such storm drainage to an outlet point.
DRAINAGE FACILITY: An artificially constructed or naturally occurring drainage channel, or a retention facility, or partial retention facility.
DRAINAGE RECEIVER: A government entity, canal company or special taxing district which maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed and dated public document, to accept a defined quantity of storm drainage from the development. This definition also applies to Ada County highway district, with regard to any runoff from any development to any street.
Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless it is formally accepted by a drainage receiver.
DRAINAGEWAY: A drainage channel or drainage ditch.
DRIVEWAY: A travel way not dedicated nor intended for public use, privately maintained, serving a maximum of two (2) lots or parcels.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people.
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.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway or floodway fringe, as established pursuant to engineering practices of the U.S. army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bend 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.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by a flood of 100-year frequency.
FRONTAGE STREET: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties.
GOVERNING BODY: The city council of the city of Eagle, Idaho.
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 ten percent (10%) or more.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site developments.
IRRIGATION WATER: Non-potable water used for irrigation purposes.
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50) or more lots or dwelling units.
LOOP: A minor street in which both terminal points are on the same street of origin.
LOT: A parcel, plot, tract, or other land area of sufficient size to meet minimum zoning requirements 1 for use, coverage and area, and created by subdivision for sale, transfer, or lease, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be required within this code, on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or rights of way of record.
LOT TYPES: As used in these regulations, lot types are as follows:
A. Corner Lot: A lot located at the intersections of two (2) or more streets.
B. Interior Lot: A lot other than a corner lot with frontage on only one street other than a corner lot.
C. Through Lot: A lot with frontage on more than one street other than a corner lot.
MAJOR SUBDIVISION: Any subdivision not able to qualify as a minor subdivision, including, but not limited to, subdivision of two (2) or more lots, or any size subdivision requiring any new street or extension of the local government facilities, or the creation of any public improvements.
MINOR STREET: A street which has the primary purpose of providing access to abutting properties.
MINOR SUBDIVISION: Any subdivision containing not more than ten (10) lots fronting on an existing street; not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements; and not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the comprehensive plan, official map, zoning title 2 , or this title.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers, or detached wheels; and
C. Arrived at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, a connection to utilities and the like.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for exclusive mobile home residential use.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street) substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer areas required pursuant to subsection 8-2A-7J of this code (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas.
ORIGINAL PARCEL OF LAND: Any unplatted contiguous parcel of land held in one ownership as of November 15, 1983.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any interest, legal or equitable, in the land to be subdivided.
PARTIAL RETENTION FACILITY: A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata, and to allow not more than an amount as designated by agreement with an adjacent drainage receiver to pass into an adjacent drainageway or drainage facility.
PARTIAL RIGHT OF WAY: 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 surety to the city clerk 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 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 DEVELOPMENT: A subdivision designed as a combination of residential, commercial and office uses or any combination thereof planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, fronting on private or dedicated streets, which may include two (2) or more principal buildings.
PLAT: The drawing, mapping or planning of a subdivision, cemetery, town site or other tract of land or a replatting of such including certifications, descriptions and approvals including the following:
A. Preliminary Plat: The first formal presentation by drawings of a proposed subdivision; and
B. Final Plat: The final and formal presentation by drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder.
PREDEVELOPMENT RUNOFF: The runoff quantity that would have been produced during the design storm from the site in its original native soil condition, prior to any construction of buildings or of modified surfaces.
PRESSURIZED IRRIGATION SYSTEM: A system that deliver irrigation water under pressure through a closed distribution piping system.
PRIVATE STREET: A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in subsection 9-3-2-1J of this title.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RETENTION FACILITY: A constructed basin or constructed underground storage vessel built to retain all of the storm drainage it receives until it is absorbed into the soil strata.
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 or service areas.
STANDARD SPECIFICATIONS: The specifications as specified in this title or as officially adopted by the city.
STATE: The state of Idaho.
STORAGE VESSEL: An earthen basin or tank or vault structure employed to store liquid. Earthen basins used to store storm drainage may be filled with porous media (usually gravel) to attain structural stability, in which case the volume of available storage is taken as the volume of the interstitial voids of the porous media.
STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the site (including rain, hail meltwater and snow meltwater).
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, land, place and other such terms.
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 title. 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: The result of an act of dividing any lot, tract or parcel of land into two (2) or more parts for the purpose of transfer of ownership or development, which shall also include the dedication of a public street and the addition to, or creation of, a cemetery. Subdivisions shall be divided into "minor subdivision", "major subdivision" and "large scale development", as those terms are defined in this section. However, this title shall not apply to any of the following:
A. 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 increase the original number of lots in any block of the recorded plat;
B. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
D. Widening of existing streets to conform to the comprehensive plan;
E. Acquisition of street rights of way by a public agency in conformance with the comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
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 requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, 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. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and the variance is not in conflict with the public interest.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
(Ord. 566, 5-15-2007; amd. Ord. 820, 12-10-2019)
1. See title 8 of this code.
2. See title 8 of this code.