What this chapter does. This chapter provides definitions for terms used in this chapter. Any dispute about the meaning of a term shall be resolved using the appeals procedure.
Rules of interpretation. Terms include both singular and plural forms; i.e., building includes buildings, and, except where otherwise indicated, terms include their derivatives; i.e., adjacent includes adjoining.
ABSOLUTE STANDARD. An absolute standard is one with which all developments must comply.
ACCESSORY. Accessory buildings and uses are those customarily associated with and clearly subordinate to principal building or use that exists on the same lot or parcel.
ADJACENT. Adjacent includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right-of-way, including roads, railroads, and irrigation canals.
ADMINISTRATOR. The Planning and Zoning Administrator (PZA).
ANIMAL CONFINEMENT OPERATION (ACO). See county Ord. 2002-2 and Ord. 2002-3.
AGRICULTURAL. Land that is actively devoted to agricultural production such as:
(1) Used to produce field crops, including, but not limited to, grains, feed crops, fruits, trees, and vegetables;
(2) Used for the grazing of livestock to be sold as part of a net profit making enterprise; and
(3) Used in a crop retirement or rotation program.
ARTERIAL. Includes all state and federal highways and other major roads as shown in the comprehensive plan.
BOARD. The Franklin County Board of Commissioners. The elected officials responsible for adoption of this chapter.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING ENVELOPE. A defined area in which a building is allowed to be built. Generally, BUILDING ENVELOPES are defined to protect nearby sensitive areas.
BUFFER. A landscaped area, wall, fence, or berm along the perimeter of a site. BUFFERS are encouraged by this chapter to help assure land use compatibility.
CERTIFICATE OF COMPLIANCE. A certificate issued by the Commission upon completion and acceptance of all required improvements.
COMMERCIAL. Property used for the sale and/or production of goods and services, except production agriculture.
COMMISSION. The Franklin County Planning and Zoning Commission.
COMPATIBILITY. Land uses need not be identical to be compatible, but must be sited, designed, constructed, and used in such a way that the normal functions and operation of neighboring uses do not seriously conflict, and so that their appearance is harmonious.
CONSERVATION EASEMENT. A voluntary, legally binding agreement that limits certain types of uses, or prohibits present and future development on a parcel of land, usually to protect the property’s natural resources such as agricultural value, scenic views, or wildlife habitat.
COUNTY. Refers to Franklin County, Idaho.
DENSITY. The number of dwelling units per gross acre. Gross acreage includes the entire development (roads, common open spaces, and the like). DENSITY is not synonymous with lot size.
DEVELOPER. The owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this chapter.
DEVELOPMENT. Development is used as a generic term covering any and all activities for which a permit is required by this chapter.
EPCRA. The Emergency Planning and Community Right-To-Know Act of 1986.
EXEMPTED PARCEL. A parcel of 40 acres or more taken out of a larger parcel and is treated as an original parcel.
FEMA. Federal Emergency Management Agency.
FLOOD. Partial and complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source. The BASE FLOOD is the flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the 100-YEAR FLOOD.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated areas of special flood hazard and risk premium zones. The flood insurance study is the official report of the Federal Insurance Administration, including flood profiles, flood boundary maps, and the water surface elevation of the base flood.
FLOODPLAIN. Refers to the special flood hazard areas defined and mapped by the Federal Emergency Management Agency.
HAZARDOUS SUBSTANCES. Any material regulated by EPCRA, as amended.
HOME OCCUPATION. A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling.
I.F.C. Acronym for the International Fire Code.
IDAHO CODE. Refers to state statutes.
INDUSTRIAL. Areas available for light to heavy industrial business.
LIVESTOCK. See county Ord. 2002-2 and Ord. 2002-3 (ACO Ordinance).
LOT. Lot is used as both a generic term for a development site and to refer to any parcel of land created and described by a record of survey or plat.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including the basement, of a building. An unfinished or flood resistant enclosure, usable solely for parking, building access, or storage, in an area other than a basement, is not considered a building’s LOWEST FLOOR, provided that it does not place the building in violation of the non-elevation design requirements.
MANUFACTURED HOME. See county Ord. 1998-1 and Ord. 1999-4.
MANUFACTURED HOME PARK. See county Ord. 1998-1 and Ord. 1999-4.
MINIMIZE. For the purposes of the regulations, “to minimize” (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact.
MINIMUM LOT SIZE. The minimum size of residential lots is one acre.
NONCONFORMING. Describes any use or building that was in existence on the effective date of this chapter, but that would not comply with one or more of its requirements if submitted for approval.
OCCUPANCY. The use of a building or lot.
OPEN SPACE. Land with current primary uses such as agricultural, range, or wild lands, and where minimal buildings, roads, or other types of construction or excavation exist.
ORIGINAL PARCEL. A parcel of land existing as of July 15, 1993. (See superseded subdivision ordinance).
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 existing or any full existing or approved parcel acquired by an adjacent owner after July 15, 1993.
PLAT. The legal map of a subdivision. A plat amendment is a minor change in the lot arrangement or routing of rights-of-way or easements in a previously recorded subdivision plat. Plat amendments are instituted by the recording of an amended plat.
PRESERVATION PARCEL. A land holding permanently dedicated to agricultural or habitat conservation through deed restrictions, easements, or other legal mechanisms that limit current and future construction and development. PRESERVATION PARCELS are managed to the extent necessary to achieve conservation goals, and may include recreational and residential uses that do not conflict with the intended goal(s).
PRIVATE RIGHT-OF-WAY. A thoroughfare or road which by easement or by ownership has been reserved for a lot owner(s) to be used as private access to serve the lot(s). No public entity shall have responsibility for maintenance or improvements to PRIVATE RIGHTS-OF-WAY.
PRIVATE UTILITIES. Cable television, electric power, natural gas, and telephone services.
RECREATIONAL VEHICLE. As per Idaho Code § 49-2801, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy.
RELATIVE STANDARD. A relative standard encourages or discourages a certain kind or level of performance in development activity.
RESIDENTIAL LOT. Any tract of land of one acre or more and less than five acres which is used by the owner thereof solely for residential purposes.
RIPARIAN AREA. The plant and animal community associated with the surface and subsurface hydrology of freshwater rivers and streams and other bodies of water.
RIPARIAN VEGETATION. The plant communities associated with river and stream corridors. These plant communities contain some or many species different from upland (non-riparian) vegetation due to their association with the surface and subsurface hydrology of the stream corridor.
SETBACK. All setbacks are measured at right angles from the nearest point on the property line to the foundation or to any above grade projection of the structure that extends more than three feet beyond the foundation.
(1) The FRONT SETBACK is measured from the lot line paralleling a public road to the principal building. Corner lots have two front yards, but may treat either as a side yard for the purposes of this chapter except where the adjacent road is an arterial.
(2) The REAR SETBACK is measured from the rear lot line to the principal building. The rear lot line is parallel, or more or less parallel, to the road. Corner lots have two rear yards, but may treat either as a side yard for the purposes of this chapter.
(3) The SIDE SETBACK is measured from the side lot line to the principal building.
(4) See county Ord. 1998-2.
SITE PLAN. A site plan is a scale drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this chapter, including the location of existing and proposed property lines, easements, buildings, parking areas, roads, sidewalks, landscaped buffers, and other feature of the site. Where an erosion and runoff control plan is required, the SITE PLAN must be prepared on a detailed (contour intervals of two feet) topographic base.
SKETCH PLAN. A general or conceptual site plan of a development. It should include enough specific information to allow the PZA and Commission to become familiar with the development, its goals, and uses.
SOLID WASTE. Material being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this chapter, the waste normally generated by a farming operation (crop stubble and residue, manure, and the like) is not SOLID WASTE until transported from the farm on which it was generated.
SPECIAL FLOOD HAZARD AREA. Land subject to a 1% or greater chance of flooding in any given year. Designation on Flood Insurance Rate Maps (FIRM) always includes the letter A or V.
STREAM CORRIDOR. A complex and valuable ecosystem which includes the land, plants, and animals in or near a body of water; including, streams, creeks, rivers, lakes, ponds, reservoirs, and the like.
STRUCTURE. Any object, including any mobile object, constructed or installed by people, including without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. For the purposes of this chapter, synonymous with BUILDING.
SUBDIVISION. A division of an original parcel into five or more lots, parcels, or sites for the purpose of sale for building (residential and/or commercial) development.
VACATION. The process provided by state law (see Idaho Code § 50-1306A) and this chapter for the elimination of a recorded subdivision plat.
VARIANCE. According to Idaho Code § 67-6516, “A variance is a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of structure or the placement of the structure upon lots or the size of lots.” Land use cannot, by definition, be varied.
VESTED RIGHT. The right to proceed with development under a previous set of regulations or the right to proceed under this chapter, pursuant to a development agreement.
WETLAND. Wetlands shall be defined in the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
WILDLIFE HABITAT. Any area that provides the environmental factors required for the survival of a particular species of wildlife. CRITICAL WILDLIFE HABITAT includes all important habitat areas shown on the natural resource inventory maps prepared for the county or other areas so identified by the state’s Fish and Game Department.
YARD. The area between the lot lines and the principal building created by the required setbacks.
(Ord. 2007-8-13, passed 3-11-2019)