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A. Construction Of Words: 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; the word "may" is permissive; and the word "should" is preferred.
3. The masculine shall include the feminine.
B. General Definitions: As used in this title, the following words and terms shall have the meanings ascribed to them in this subsection:
ADMINISTRATOR: An official having knowledge in the principles and practices of subdividing, who is appointed by the city council to administer this title.
AGENCY WITH JURISDICTION: Any agency which must review a subdivision plat application and whose approval of that plat is indicated by its endorsement on the plat.
ALLEY: A minor public way providing secondary access at the back or side of a property.
AREA OF IMPACT: An area mutually agreed upon, including a plan and ordinances, between the city and county as provided for by Idaho Code sections 50-1306 and 67-6526.
BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.
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 or nature.
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: City of Horseshoe Bend, Idaho.
CITY COUNCIL: The city council of Horseshoe Bend, Idaho.
CITY ENGINEER: City engineer of Horseshoe Bend, Idaho.
COMMON AREA: Land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
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 of 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 Boise County recorder.
COUNTY SURVEYOR: The professional land surveyor appointed by the Boise County board of commissioners to check plats and make surveys, maps and plats ordered by the Boise County commissioners.
CUL-DE-SAC: A dead end street provided with turnaround space at its terminus.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the applicable governmental body as a public dedication, either by ordinance, resolution or entry in the official minutes of that body.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DRIVE-UP WINDOW: An establishment, whether it be the primary or an accessory use, other than automobile service station or parking lot, which is designed to accommodate the motor vehicles of patrons in such a manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services at a window or service area.
DRIVEWAY: A private access connecting a building, such as a house or garage, with a street.
DUPLEX: A detached building containing two (2) dwelling units, each of which include a separate bathroom and kitchen. The two (2) units must be able to function as dwelling units independently of each other.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people.
EASEMENT: A grant of the right to use land for a specific purpose or purposes.
EMERGENCY ACCESS: A means of providing secondary access to a development for emergency vehicles. Emergency access must meet the requirements of the uniform fire code 1991, article 10, division II and as subsequently amended.
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 bed 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: 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.
GOVERNING BODY: The city council of the city.
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 or where adverse slope stability, erosion or sedimentation are likely to cause damage.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site developments.
LOOP: A minor street in which both terminal points are on the same street of origin.
LOT: A unit of land constituting a part of a block of a recorded subdivision so recorded for transfer of ownership.
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:
Corner Lot: A lot located at the intersections of two (2) or more streets.
Interior Lot: A lot other than a corner lot with frontage on only one street other than a corner lot.
Through Lot: A lot with frontage on more than one street other than a corner lot.
MANUFACTURED HOME: A factory built structure that is manufactured or constructed according to the national manufactured housing construction and safety standards act of 1974, and as may be amended, which became effective June 15, 1976, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For purposes of this title, two (2) types of manufactured homes are established, "enhanced" and "stock".
MANUFACTURED HOME COMMUNITY: Any site, lot, tract, plot or parcel of land, designed for the placement of ten (10) or more manufactured homes located and maintained for dwelling purposes on a permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased, or rented.
MANUFACTURED HOME, ENHANCED: A manufactured home that has all the architectural placement standards listed below:
A. The manufactured home shall be multi-sectional and enclose a space of not less than one thousand (1,000) square feet.
B. Has exterior siding and roofing which in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city or which is comparable to the predominant material used on surrounding dwellings.
C. Has a pitched roof with a minimum pitch of two inches (2") of rise to twelve inches (12") of run.
D. Eaves are optional, with the exception that where eaves are consistent with the predominant construction of immediate surrounding dwellings, the home shall have eaves that project a minimum of six inches (6") along any wall that faces a street.
E. Has a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems comparable with site built dwellings and approved by the planning and development services department. It shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
F. Is placed on a foundation base such that the finished floor area of the home is located not more than twelve inches (12") above grade or twenty four inches (24") above grade if the home is over a basement. Graded earth shall not be closer than six inches (6") to the siding of the home.
G. Is permanently affixed in accordance with the manufacturer's specifications, with the running gear and towing hitch removed and set upon a foundation base having an anchoring system that is totally concealed under the structure.
H. If located within a residential area on an individual lot, the dwelling unit shall have a garage or carport constructed of like materials. The city may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.
MANUFACTURED HOME, STOCK: A manufactured home that does not have all the architectural placement standards of an enhanced manufactured home.
MANUFACTURED HOUSING SUBDIVISION: A subdivision designed and intended for exclusive (mobile home) residential use.
MOBILE HOME: A transportable, factory built home designed to be used as a year round residential dwelling and built prior to enactment of the national manufactured housing construction and safety standards act of 1974, which became effective June 15, 1976.
MOBILE HOME PARK: Any area, tract, plot or parcel of land, developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semipermanent basis.
MOBILE HOME, REHABILITATED: Any mobile home constructed prior to June 15, 1976, the effective date of the national manufactured housing and safety standards act (HUD code), that is currently sited within Idaho or that may be brought into the state after July 1, 1998, which has been upgraded to comply with Idaho Code title 44, chapter 25, and received a "certificate of compliance" from the division of building safety of the state of Idaho.
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 Idaho Code section 50-1303.
OPEN SPACE: An area open to the sky for outdoor recreation activity exclusive of streets, buildings or other covered structures.
ORIGINAL PARCEL OF LAND: An original lot or tract as recorded on any plat of record on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership as of the date of adoption hereof.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any interest, legal or equitable, in the land to be subdivided.
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 parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings and common open spaces or recreational facilities.
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:
Final Plat: The final and formal presentation of drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder; and
Preliminary Plat: The first formal presentation of drawings of a proposed subdivision.
PRESSURIZED IRRIGATION SYSTEM, INDIVIDUAL LOTS: A pressurized water distribution system that distributes nonpotable water to individual lots for irrigation proposes. Typical sources of water include nontreated Payette River water, canal water, irrigation return water or well water.
RECREATIONAL VEHICLE (RV): A portable vehicle or structure used primarily for recreation, hobbies, vacations, extended travel, camping, sports and aquatic use. RVs may be self-propelled, towed or transported by trailer. RVs may include, but are not limited to, motor homes, converted buses, camping and travel trailers, light duty trailers and transporters, horse and cattle trailers, boats, rafts, and their trailers, and off street vehicles such as snowmobiles, dune buggies, all-terrain vehicles, and any type of three (3) or four (4) wheeled sport racing/drag vehicle.
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.
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.
SECONDARY ACCESS: A second means of vehicular access to a development which may be improved to city standards, private street standards or emergency access requirements.
STANDARD SPECIFICATIONS: The specifications as specified in this title or as officially adopted by the city.
STATE: The state of Idaho.
STATE HIGHWAY: State Highway 55.
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.
STREET, ARTERIAL: A street designed to carry through traffic with limited access to abutting property. Direct lot access is restricted.
STREET, COLLECTOR: A street designated to intercept traffic from the local street system and carry it to the nearest arterial street, while providing limited access to abutting property. Directed lot access is restricted.
STREET, DEAD END: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
STREET, FRONTAGE: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties.
STREET, LOCAL: A street designed to provide service to abutting property usually with unrestricted access.
STREET, 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.
STREET, PRIVATE: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
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, the subdivider shall be the agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: A. The result of an act of dividing an original lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development, which shall also include the dedication of a public street and may include the addition to, or creation of, a cemetery. Subdivisions shall be divided into minor subdivisions, major subdivisions and large scale developments, as those terms are defined in this section.
B. However, this title shall not apply to any of the following:
1. 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;
2. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
3. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
4. Widening of existing streets to conform to the comprehensive plan;
5. Acquisition of street rights of way by a public agency in conformance with the comprehensive plan; and
6. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage.
Large Scale Development: A subdivision the size of which consists of fifty (50) or more lots or dwelling units.
Major Subdivision: Any subdivision not able to qualify as a minor subdivision, including, but not limited to, a subdivision of ten (10) or more lots, or any size subdivisions requiring any new street or extension of the local government facilities, or the creation of any public improvements.
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 city comprehensive plan, title 9 of this code, or this title.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
TRAILER, TRAVEL: A vehicular portable structure designed as temporary living quarters for travel, recreational and vacation uses.
UTILITIES: Installations for conducting water, sewage, gas, electricity, cable, storm water and similar facilities providing service to and used by the public.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
YARD: An open space on the same lot with a building or building group lying between the front, rear, or side wall of a building and the nearest lot line, unoccupied except for projections and specific minor uses or structures allowed in such open space under the provisions of title 9 of this code.
YARD, FRONT: A yard extending the full width of the lot on which a building is located and situated between the front lot line and a line parallel thereto and passing through the nearest point of the building.
YARD, REAR: A yard extending the full width of the lot on which a building is located and situated between the rear lot line and a line parallel thereto and passing through the nearest point of the building.
YARD, SIDE: A yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of the building and extending from the front yard to the rear. (Ord. 193, 12-13-2001)