§ 152.06  DEFINITIONS.
   (A)   Interpretation of terms or words. 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)   Meaning of terms or words. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY BUILDING. A building not intended for human occupation that has an accessory use to the principal building on the lot.
      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 or used for occupancy by people for commercial or industrial uses.
      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 lines.
      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 Hollister, Idaho, as specified by city ordinance.
      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. An estate consisting of:
         (a)   Undivided interest in common in real property, in an interest or interests in real property or in any combination thereof; together with
         (b)   A separate interest in real property, in an interest or interests in real property or in any combination thereof.
      COUNCIL. The City Council of the City of Hollister, Idaho.
      COUNTY RECORDER. The office of the County Recorder.
      COVENANT. A written promise or pledge.
      CULVERT. A drain that channels water under a bridge, street, road or driveway.
      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. Authorized agent(s) of a subdivider or the subdivider himself or herself.
         (a)   Any building or other structure proposed or built for occupancy by people; or
         (b)   A pre-fab dwelling unit which is a building or other structure, proposed or built for occupancy by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.
      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 low land adjoining the channel of a river, stream or watercourse 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 and floodway fringe, as described below along with other terms.
         (a)   CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
         (b)   DESIGNATED FLOODWAY. A floodway whose limits have been designated and established.
         (c)   FLOOD. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
         (d)   FLOOD OF 100-YEAR FREQUENCY. A flood magnitude which has a 1% chance of being equaled or exceeded in any given year.
         (e)   FLOODWAY. The channel or a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the flood water of any watercourse.
         (f)   FLOODWAY ENCROACHMENT LINES. The lines limiting a designated floodway.
         (g)   FLOODWAY FRINGE. The part of the floodplain which is beyond the floodway encroachment lines limiting a designated 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 for use under land use regulations without material effect upon the flood water levels. Such areas are characterized by shallow flood depths and low velocities of water flow.
      HIGHWAY. A street designated as a highway by an appropriate state or federal agency.
      IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site developments.
      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. A structure, constructed according to the HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, 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; except that, such term shall include any structure which meets all the requirements of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq.
      MANUFACTURED HOME PARK. A park designed and intended for purposes of rental spaces where residence is in manufactured homes exclusively.
      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 chapter.
      OWNER. The individual, firm, association, syndicate, partnership or corporation having proprietary interest in the land to be subdivided.
      PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider of his or her surety to the City Clerk and/or Recorder which guaranteed that the subdivider will perform all actions required by an approved plat; and, provided 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 use or a combination of residential, 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 or renting individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings as governed by Ch. 153 of this code of ordinances. The requirements of this chapter may be modified by the Council to achieve the best possible planned development for the specific site under consideration.
      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.
         (a)   PRELIMINARY PLAT. The first formal presentation by maps or drawings of a proposed subdivision as required in these regulations.
         (b)   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.
      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.
      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 chapter 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)   CUL-DE-SAC. A street connected to another street at one end only and provided with a turn-around space at its terminus.
         (e)   DEAD-END. A street connecting to another street at one end only and not having provision for vehicular turn-around at its terminus.
         (f)   FRONTAGE. A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
         (g)   MINOR. A street which has the primary purpose of providing access to abutting properties.
         (h)   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.
         (i)   PRIVATE. A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance.
         (j)   SIDE STREET. A secondary street that provides access to a corner lot of which the principle building is not oriented toward.
      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 result of an act of dividing an original lot, tract or parcel of land into more than two 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. However, this chapter 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 change 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)   The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan; and/or
         (f)   The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.
      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 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. passed 9-11-1995)