Words and phrases used in this title shall have the meanings set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. The present tense includes the future tense, the singular includes the plural, and the plural number includes the singular, unless the context clearly indicates otherwise. For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
ADMINISTRATOR: The Hailey planning and zoning administrator.
ALLEY: A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
AREA DEVELOPMENT PLAN: A plan encompassing all contiguous parcels controlled by the same developer, which includes:
A. Legal description of contiguous parcels;
B. Name(s) of developer(s) of contiguous parcels;
C. Streets, whether public or private;
D. Water main lines and sewer main lines;
E. Other utilities, including power, telephone, cable, gas;
F. Parks, if required under this title;
G. Grading and drainage;
H. Easements;
I. Hazardous or natural resource areas.
BUILDING ENVELOPE: A platted boundary within which all buildings upon a lot must be located.
CITY: The city of Hailey, Idaho.
CITY ENGINEER: The Hailey city engineer.
CITY STANDARDS: Those standards for street, drainage, water, sewer, wastewater and other infrastructure improvements as set forth in title 18 of this code adopted by ordinance in accordance with the notice and hearing procedures provided in Idaho Code section 67-6509.
COMMISSION: The planning and zoning commission of the city of Hailey, Idaho.
COMPREHENSIVE PLAN: The comprehensive plan of the city of Hailey, as adopted by resolution or ordinance by the city pursuant to Idaho Code section 67-6501 et seq., and as may be subsequently amended.
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or any combination thereof, together with a separate interest in real property, in an interest or interests in real property, or any combination thereof.
CONTIGUOUS PARCELS: Two (2) or more parcels of real property that share at least one common boundary of any length, or any portion of a boundary, with a separate parcel of real property, or are separated only by intervening streets or other city owned parcels not more than one hundred feet (100') in width, controlled by the same developer.
COUNCIL: The city council of the city of Hailey, Idaho.
COUNTY RECORDER: The county recorder of Blaine County, Idaho.
DEDICATION: The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.
DEVELOPER: Any individual, firm, association, syndicate, corporation, trust, partnership, limited liability company, or other legal entity having an ownership or contractual interest in the land sought to be subdivided under this title.
DOUBLE FRONTAGE LOT: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets.
DRIVEWAY: A vehicular access constructed on private property providing access to not more than two (2) residential dwelling units.
DWELLING UNIT: A building or separate portion thereof having a single kitchen and providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, to be occupied exclusively as a residence. Every dwelling unit shall have at least one habitable room that shall have not less than one hundred twenty (120) square feet of gross floor area, or other area as specified in the IBC or IRC.
FILL: Deposit of earthen material or other materials typically associated with new construction (e.g., landscaping, pavers, pavement and culverts).
FINAL PLAT: The plat which, if approved, will be submitted to the county recorder for recording.
FIRE CHIEF: The fire chief of the city of Hailey.
FIRE LANE: A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.
FLAG LOT: A lot or parcel of land that has a narrow projection or "flagpole" to the public or private right of way.
FLOODPLAIN: A relatively flat area or low land adjoining a body of water which has been or may be in undated by water from the 100-year flood, that is specifically defined as the "special flood hazard areas inundated by 100-year flood" on the flood insurance rate map/flood hazard boundary and floodway map (community panel numbers 160022-0662, 160022-0664, 160022-0668, 160022-0856 and 160022-0857), dated March 17, 1997, or as modified by FEMA by an interpretation of on site elevations.
FLOODWAY: That portion of the flood hazard area that includes the channel and the portion of the adjacent area which conveys the major portion of the flow for the 100-year flood, that is specifically defined as the "floodway areas in zone AE" on the flood insurance rate map/flood hazard boundary and floodway map (community panel numbers 160022-0662, 160022-0664, 160022-0668, 160022-0856 and 160022-0857), dated March 17, 1997, or as modified by FEMA by an interpretation of on site elevations.
GREEN SPACE: Land dedicated or restricted as parks, pathways, connective greenways, recreational assets and/or open space.
HISTORIC STRUCTURE: Any building or structure that was originally constructed, in whole or in part, prior to 1941, regardless whether the building or structure was constructed or relocated within the townsite overlay district, unless the Hailey arts and historic preservation commission has recommended that the building or structure does not maintain the historic architectural qualities, historic associations or archaeological values of other historic structures within the townsite overlay district or does not comply with the "congruous" definition in the townsite overlay design review guidelines.
IBC: The international building code as adopted by state law and/or the city, and as may be subsequently amended.
IFC: The international fire code as adopted by state law and/or the city, and as may be subsequently amended.
IRC: The international residential code as adopted by state law and/or the city, and as may be subsequently amended.
INFRASTRUCTURE: The public and private capital improvements within the city that provide water, sewer, transportation, communication, electrical, gas or similar services to the public.
LOT: Plot, parcel or tract of land with fixed boundaries of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot may consist of:
A. A single lot of record;
B. A combination of complete lots of record, or portions of lots of record.
LOT LINE ADJUSTMENT: A modification of easement lines, the creation or modification of a building envelope, or modification of boundary lines between existing lots, parcels of land or properties, which does not reduce the area, frontage, width, depth, or building setback lines of each lot, parcel of land or property below the minimum zoning requirements and which does not create additional lots or new streets.
MASTER PLAN: The Hailey parks, lands and trails master plan, adopted by resolution, as may be amended from time to time.
MAY: Is permissive.
MEAN HIGH WATER MARK: The mark on all watercourses, where the presence and action of waters is so common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation and destroy its value for agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.
ORIGINAL PARCEL: A parcel of land that is owned or otherwise controlled, in any manner, directly or indirectly: a) by the same individual(s) or entity(ies), including, but not limited to, corporation(s), partnership(s), limited liability company(ies) or trust(s); or b) by different individuals or entities, including, but not limited to, corporations, partnerships, limited liability companies or trusts where: 1) such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies); or 2) the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies).
PARK: A parcel of land dedicated to the city or privately owned and clearly accessible to the public free of charge for nonexclusive recreation and/or cultural use. A park is maintained for the primary purposes of diverse recreational and social opportunities. A park may include one of the following:
A. Minipark: A parcel of land, between one-fourth (1/4) acre and one acre in size that is privately owned and maintained, unless otherwise allowed by the council, but that is used for nonexclusive public recreation and/or cultural purposes.
B. Neighborhood Park: A parcel of land generally one or more acres in size dedicated to the city for nonexclusive public recreation and/or cultural use.
C. Park/Cultural Space: A parcel of land less than one-fourth (1/4) acre in size and located in the business (B), limited business (LB) and transitional (TN) zoning districts, that is privately owned and maintained but that is used for nonexclusive public recreation and/or cultural purposes. A park/cultural space may include courtyards, plazas, gardens, expanded sidewalks and covered areas, provided access to the park/cultural space is available from a public street or property and is normally open to the exterior (e.g., not enclosed in a building).
PARKING ACCESS LANE: A way or means of vehicular and pedestrian approach for all uses to provide access to an off street parking lot from a public or private street into private property.
PARKS AND LANDS BOARD: The Hailey parks and lands board, a recommending body whose members are appointed by the city council.
PATHWAYS: A meaningful pedestrian circulation system dedicated or granted by easement for public use, such as sidewalks and trails that are physically separated from vehicular traffic thoroughfares, which connects to major trail systems, parks, schools, shopping areas and community assets.
PERSON: Includes a firm, association, organization, partnership, trust, company or corporation, or any other entity capable of owning or holding any interest in real property, as well as an individual.
PLANNING STAFF: The individuals employed or hired by the city to conduct the planning functions of the city.
PLAT: A map of a plot of land divided into building lots or other parcels.
RECORD GRADE: Natural grade existing prior to any site preparation, grading or filling, unless a new record grade is approved at the time of subdivision approval and noted on the filed preliminary or final plat.
SETBACK: The distance, measured at right angles to a given lot line, between the lot line and an imaginary line parallel to the lot line, defining an area between such lines within which no building or applicable structure may be placed.
SHALL: A mandatory requirement.
SIDEWALK: A pathway for nonmotorized vehicles, normally designated for pedestrians and which is separated from motorized vehicle travel lanes (e.g., by curb, landscaping, etc.).
STREET: A strip of land which provides access to abutting property.
STREET, ARTERIAL OR MAJOR: A fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for travel between large areas.
STREET, COLLECTOR OR SECONDARY: A street which carries traffic from local or minor streets and which serves for the circulation of traffic in residential areas or developments.
STREET, CUL-DE-SAC OR DEAD END: A street with only one outlet.
STREET, LOCAL OR MINOR: A street used primarily for access to the abutting properties.
STREET, PRIVATE: A street which provides public and emergency vehicular and public pedestrian access, but is not accepted for a dedication or maintenance by the city and will be owned and maintained by a private entity, owners' association or person(s).
STREET, PUBLIC: Land, property or interest therein, usually in a strip, acquired for or devoted to public vehicular and public pedestrian access.
STREET SUPERINTENDENT: The Hailey street superintendent.
SUBDIVISION: Any division of land or real property into two (2) or more parts, or a modification of boundaries of a parcel of land that includes a new street.
SUBDIVISION ORDINANCE: Hailey subdivision ordinance, and as subsequently amended.
TOWNHOUSE DEVELOPMENT: A multi-family residential project of two (2) or more townhouse units, where permitted under the Hailey zoning ordinance, which may be constructed as either or both of the following:
A. Building(s) containing two (2) or more townhouse units erected generally in a row, with each unit being separated from the adjoining unit or units by a party wall or walls, subject to building and fire code requirements, and all other applicable codes and ordinances, and with party walls extending from the basement floor to the roof along the dividing townhouse sublot line. Each unit has its own access to the outside, and no unit is located over another unit in part or in whole.
B. "Cottages", which are buildings containing single townhouse units on individual townhouse sublots, provided the separation between units and/or buildings complies with applicable building and fire code requirements and all other applicable codes and ordinances.
TOWNHOUSE SUBLOT: The lot resulting from platting a residential townhouse development. Townhouse sublots shall have a minimum area equal to that of the perimeter of each individual townhouse unit, and an additional area three feet (3') in width adjacent to any opening, measured at the foundation. Said sublots shall not be buildable for structures other than a "townhouse unit", as defined in this section. Platting of sublots shall follow the procedures set forth in this title and other applicable codes in effect. All other detached and/or accessory buildings shall be contained within the perimeter of the townhouse sublot, except as otherwise permitted herein.
TOWNHOUSE UNIT: A dwelling including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot.
VEHICLE: Any motorized device designed for the purpose of carrying or conveying persons or materials. For the purpose of this title, those devices directly powered by human action, such as a bicycle, shall not be considered vehicles.
ZONING ORDINANCE: Hailey zoning ordinance, and as subsequently amended. (Ord. 1191, 2015)