For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. An official, having knowledge in the principles and practices of subdividing, who may be appointed by the Commission to administer this chapter.
BLOCK. A group of lots, tracts, or parcels within well defined boundaries, usually streets.
BUILDING. A structure designed or used for occupancy by people for housing commercial, agricultural, 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.
COMMISSION. The Commission of County Commissioners of Franklin County, Idaho.
COMMISSION. The Planning and Zoning Commission of Franklin County, Idaho, as appointed by the Commission.
COMPREHENSIVE PLAN. A comprehensive plan or parts thereof, providing for the future growth and improvement of the county and for the general location and coordination of streets and highways, schools and recreation areas, public building sites, and other physical development, which shall have been duly adopted by the Commission.
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. Franklin County, Idaho.
COUNTY RECORDER. The office of the County Recorder of Franklin County, Idaho.
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 recorded of a plat. Dedicated land becomes public land upon the acceptance by the Commission.
DEVELOPER. The subdivider or authorized agent(s) of the subdivider. The DEVELOPER 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 DEVELOPER 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.
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 or registered in the state to practice professional engineering.
EXEMPTED PARCEL. A parcel of 40 acres or more taken out of a larger parcel and will be treated as an original parcel.
FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river, stream, lake, or other body of water which has been made by or covered by water of a flood of 100 years frequency. The FLOODPLAIN includes the channel, floodway, and floodway fringe as established per the engineering practices as specified by the Army Corps of Engineers as follows:
(1) CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
(2) FLOOD. The temporary inundation of land by overflow from a river, stream, lake, or other body of water.
(3) FLOOD OF 100 YEAR FREQUENCY. A flood magnitude which has a 1% chance of being equaled or exceeded in any given year.
(4) FLOODWAY. The channel or a watercourse and those portions of the floodplain adjoining the channel are reasonably required to carry and discharge the flow water of any watercourse.
(5) FLOODWAY FRINGE. The part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by a flood of 100 year frequency, but which may be developed when such development will not have a significant effect upon the flood water carrying capacity of the floodway and the flood water levels. Such areas characterized by shallow flood depths and low velocities of water flow.
LOT. A piece or parcel of land separated from other pieces or parcels by description, as in a subdivision or on a record of survey map, or by metes and bounds, for purposes of sale, lease, or separate use.
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.
(1) CORNER LOT. A lot located at the intersection of two or more streets.
(2) DOUBLE FRONTAGE. A lot with frontage on more than one street other than a corner lot.
(3) INTERIOR LOT. A lot other than a corner lot, with frontage on only one street.
MAJOR SUBDIVISION. A division of any original parcel into more than four parcels.
MASTER PLAN. A preliminary master plan for the development of a large land area, the platting of which is expected in progressive stages. A MASTER PLAN may be designed by the developer, planner, or engineer and shall be subject to approval of the Commission.
MINOR SUBDIVISION. A special case of subdivision which allows a division of not more than four lots as long as certain requirements are met.
MOBILE HOME. A structure transportable in one or more sections, which is ten body feet or more in width and is 32 body feet or more in length 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.
MOBILE HOME PARK. A tract of ground under unified ownership developed for the purpose of providing rental space for parking mobile homes on individual spaces within its confines.
MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where residence is in mobile homes exclusively and where each lot within said subdivision is under separate ownership.
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.
OPEN SPACE. An area open to the sky for outdoor recreation activity, exclusive of streets, buildings, or other covered structures.
ORIGINAL PARCEL. A parcel of land existing as of the effective date of the subdivision ordinance.
OWNER. The individual, firm, association, syndicate, partnership, corporation, or any other entity having any interest in the land to be subdivided.
PARCEL. A contiguous tract of land which has been recorded by the County Recorder under a single ownership. Multiple tracts recorded on separate deeds or legal descriptions which are contiguous and under single ownership are considered one PARCEL. For purposes of this chapter, a single contiguous parcel includes tracts under single ownership lying on opposite sides of a public or private right-of-way or easement. The contiguous ownership rule does not apply to lots created by a legally recorded subdivision plat or any full existing or approved parcel acquired by an adjacent owner after July 15, 1993.
PLANNED UNIT DEVELOPMENT SUBDIVISION. A subdivision designed as a combination of residential, recreational, commercial, and industrial uses 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, whether fronting on private or dedicated streets, which may include two or more principal buildings.
PLAT. A map of a subdivision.
(1) FINAL PLAT. A map of all or parts of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered land surveyor in accordance with this chapter and the Idaho Code.
(2) PRELIMINARY PLAT. A preliminary plat, including supporting data, indicating a proposed subdivision development, prepared in accordance with this chapter and the Idaho Code.
(3) RECORDED PLAT. A final plat bearing all of the certificates of approval required in this chapter and duly recorded in the county.
PRIVATE ROAD. A road constructed and maintained by the property owner for access to two or more parcels of property. A PRIVATE ROAD is not a county or public road and will not be maintained by the county.
PUBLIC ROAD. A road maintained and controlled by the county or state government.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters, which is less than ten body feet in width and is less than 32 body feet in length, for recreational, camping, or traveling use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailers, camping trailers, truck campers, fifth wheel campers, and motor homes.
RECREATIONAL VEHICLE LOT. A parcel of ground in a recreational vehicle park intended to be rented as a place to park a recreational vehicle for temporary dwelling purposes.
RECREATIONAL VEHICLE PARK. A tract of ground under unified ownership developed for the purpose of providing rental space for parking of recreational vehicles on individual spaces within its confines.
REVERSE FRONTAGE STREET. Local street which provides access to lots that front on a major or arterial road.
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. Those specifications and drawings pertaining to the construction of streets, curbs and gutters, sidewalks, sewers, water lines, fire hydrants, utilities, or other improvements within a subdivision as may be adopted by resolution of the Commission.
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, thoroughfares, parkway, road, avenue, boulevard, lane, place, and other such terms.
(1) ALLEY. A local street providing secondary access at the back or side of a property otherwise abutting a street.
(2) ARTERIAL. A general term including expressways, major roads, and interstate, state, or county highways having regional continuity.
(3) COLLECTOR. A street providing for traffic movement within neighborhoods of the county and between major streets and local streets and for direct access to abutting property.
(4) CUL-DE-SAC. A street connected to another street at one end only and provided with a turn around space at its terminus.
(5) FRONTAGE. A local street, parallel to and adjacent to an arterial street to provide access to abutting properties.
(6) LOCAL. A street providing for direct access to residential, commercial, industrial, or other abutting land and for local traffic movements and connects to collector and/or major street.
(7) LOOP. A local street with both terminal points on the street of origin.
(8) 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.
(9) PRIVATE. A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
SUBDIVIDER. See DEVELOPER.
SURVEYOR. A person licensed in the State of Idaho as a Professional Land Surveyor.
UTILITIES. Installations for conducting water, sewage, gas, telephone, 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 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 this chapter would result in unnecessary and undue hardship.
VICINITY MAP. A small map, drawn to scale, which indicates the location of the area to be platted in relation to other known landmarks, roadways, public buildings, and the like, within a three-mile radius.
(Ord. 95-3, passed 9-25-1995; Ord. 1995-3, passed 9-25-1995; Ord. 1996-6, passed 7-8-1996)