For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OF CITY IMPACT (AOCI). A geographical area where a city is expected to grow into and annex at some future time. Idaho Code requires all cities to define an AOCI with their respective counties. Besides defining the geographic area for future growth, the AOCI also includes an agreement between a city and county about which plans, policies, and development standards will apply in the area. All proposed AREAS OF CITY IMPACT must be approved by the Board of County Commissioners.
BLOCK. A group of lots, tracts, or parcels within well-defined boundaries (usually streets).
BOARD. The Board of County Commissioners.
BUILDING. A structure designed or used as the living quarters for one or more families; or, the structure designed or used for occupancy by people for commercial, industrial, or agricultural uses.
BUILDING SETBACK LINE. An imaginary line established by subdivision regulations requiring all buildings to be set back a certain distance from lot lines and street rights of way. Subdivision SETBACK LINES must meet Idaho Local Highway Technical Assistance Council (LHTAC) standards.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation, or other means for erecting pads for buildings.
CEMETERY. A lot or subdivision that has been planned for the selling of sites for the burial of animal or human remains.
CITY. The incorporated municipality having jurisdiction of the parcel of land under consideration.
COMMISSION. The Planning and Zoning Commission of the county, being the Board of County Commissioners, having jurisdiction over the parcel of land under consideration.
COUNTY CLERK. The office of the County Clerk.
COUNTY SURVEYOR. The registered surveyor appointed by the Board of County Commissioners to check plats and make surveys, maps, and plats, as ordered by the Board of County Commissioners.
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 when accepted by the county as a public dedication, either by ordinance, resolution, 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.
DIVISION(S). See definition of splits.
DWELLING UNIT (PREFAB). 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, and for specific purposes.
ENGINEER. Any person who is licensed in the state to practice professional engineering.
FLOOD PLAIN. The relatively flat area or low land adjoining the channel of a river, stream, water course, lake, or other body of standing water, which has been, or may be, covered by water of a flood of 100-year frequency. The FLOOD PLAIN includes the channel, floodway, and floodway fringe.
(1) FLOOD ON 100-YEAR FREQUENCY. A flood magnitude which has a 1% chance of being equaled or exceeded in any given year.
(2) FLOOD. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake, or other body of standing water.
(3) CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
(4) DESIGNATED FLOODWAY. A floodway whose limits have been designated as a floodway.
(5) FLOODWAY. The channel of a watercourse and those portions of the flood plain adjoining the channels which are reasonably required to carry and discharge the flood water of any watercourse.
(6) FLOODWAY-ENCROACHMENT LINES. The lines limiting a designated floodway.
(7) FLOODWAY FRINGE. The part of the flood plain which is beyond the floodway-encroachment lines limiting a designated floodway. Such areas will include those portions of the flood plain which will be inundated by a flood plain of 100-year frequency, but which may be developed for use under land use regulations without material effect upon the flood water carrying capacity of the floodway and the flood water levels. Such areas are characterized by shallow flood depths and low velocities of water flow.
GOVERNING BODY. The Board of County Commissioners.
HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including: sidewalks; shoulders; berms; and public rights-of-way not intended for motorized traffic. The terms STREET or ROAD are interchangeable with HIGHWAY.
IMPROVEMENT. Any alteration to the land or other physical construction associated with subdivision and building site developments.
LARGE SCALE DEVELOPMENT. A subdivision that has 20 or more lots or dwelling units. It must be declared to the county if there are plans or possibilities for a phased development which results in 20 or more lots by the final phase. If this is the case, and the phases also utilize the same infrastructure (e.g., roads, water, sewer, and utility lines), then the subdivision will be treated from the beginning as a LARGE SCALE DEVELOPMENT. The Board of County Commissioners will make the final determination whether or not a proposal qualifies as a LARGE SCALE DEVELOPMENT or not. The determination will be made at the end of the application for a subdivision.
LOCAL HEALTH AGENCY. North Central Public Health District.
LOT. A parcel of land.
LOT AREA. The area of any lot shall be determined exclusive of a dedicated street, highway, public road, or railroad right-of-way.
LOT TYPES. As used in the regulations described in this chapter, LOT TYPES are as follows.
(1) CORNER LOT. A lot located at the intersection of two or more streets.
(2) INTERIOR LOT. A lot other than a corner lot, with frontage on only one street.
(3) RESERVED LOT. A lot with frontage on a side street or other right-of-way, other than interior or corner lots.
(4) THROUGH LOT. A lot with frontage on more than one street; not a corner lot. Also known as a DOUBLE FRONTAGE LOT.
MANUFACTURED HOME. A single family dwelling designed for transportation after fabrication on streets and highways on its own wheels, or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor incidental unpacking and assembling operations, location on jacks, or other temporary or permanent foundations, connections to utilities, and the like. A prefab dwelling unit or travel trailer is not to be considered as a MANUFACTURED HOME.
MANUFACTURED HOME SUBDIVISION. A subdivision designed and intended for residential use 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 as recorded on any subdivision plat or conveyance on file in the office of the County Recorder, and of record as of May 3, 1983, or:
(1) Any one-sixteenth of a section (sectional one-fourth one-fourth);
(2) Any government lot;
(3) Any patented mining claim or mineral survey within a group lode claim;
(4) Any homestead entry survey or any 40-acre parcel within a homestead entry survey. In the event there is a remaining parcel of less than 40 acres, that parcel will not be considered an original parcel; and
(5) This chapter shall not apply to any lot or lots forming a part of any subdivision created or conveyance of real property made and recorded prior to May 3, 1983, unless a split of any such lot or lots already created is/are sought after May 2, 1983.
OWNER. The person or persons, firm, association, syndicate, partnership, corporation, or any other entity capable of holding title under state statute, having proprietary interest in the land to be subdivided by either holding title by a deed or as vendees under a land contract.
PARCEL DIVISION. A recorded conveyance of a portion of a lot.
PLANNED UNIT DEVELOPMENT. A use or a combination of residential, commercial, industrial, and recreational 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.
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.
(1) PRELIMINARY PLAT. The first formal presentation by maps or drawings of a proposed subdivision.
(2) FINAL PLAT. The final and formal presentation by a map drawn as herein set forth of an approved subdivision development, the original and one copy of which is filed with the County Clerk and County Recorder.
RESERVE STRIP. A strip of land between a dedicated street or partial street and adjacent property; in either case, 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 may include streets, sidewalks, and other public utilities or service areas.
ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms, and other portions of the public right-of-way.
(1) ALLEY. A public way of limited use intended to provide access to the rear or side of lots or buildings in urban districts.
(2) ARTERIAL. A general term including expressways, major and minor arterial streets and interstate, and state or county highways having regional continuity.
(3) COLLECTOR. A street or highway that provides for traffic movement within neighborhoods of the local highway jurisdiction, between major streets and local streets, and for direct access to abutting property.
(4) COMMERCIAL. A street designated for the purpose of providing traffic movement in a commercial area.
(5) CUL-DE-SAC. A road or street having one end permanently terminated in a vehicular turnaround.
(6) DEAD END. A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
(7) FRONTAGE. A minor street, parallel and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
(8) HALF STREET. A portion of the width of a street, usually along the edge of a subdivision where the remaining portion of the street could be provided in an adjoining subdivision.
(9) HIGHWAY. A street designated as a state or federal highway by the state or federal agency responsible therefor.
(10) INDUSTRIAL. A street designated for the purpose of providing traffic movement in an industrial area.
(11) LOOP. A minor street with both terminal points on the same street of origin.
(12) MINOR STREET. A street which has the primary purpose of providing access to abutting properties.
(13) PARTIAL STREET. 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.
(14) PRIVATE STREET. A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance.
(15) SIDE STREET. A secondary street that provides access to a corner lot of which the principal building is not oriented toward.
(16) STREET. A right-of-way which provides access to adjacent properties, the dedication of which has been officially accepted. STREET also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and other such terms.
SIDEWALK. The portion of the street right-of-way outside the street pavement which is improved for pedestrian use. Also known as WALKWAY.
SPLIT. The creation of two or more parcels from an existing parcel.
STATE. State of Idaho.
STATE HEALTH AGENCY. The state’s Department of Health and Welfare, Division of Environmental Quality.
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; or who subdivides land without going through the application process. 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. Effective May 3, 1983, the division of any original parcel of land into five or more parts for the purpose of transfer of ownership or development; or the division of any original parcel of land of five acres or less in which any parcel is less than one acre. However, this chapter shall not apply to any of the following:
(1) The exchange of land for the purpose of adjusting property boundaries between two existing lots;
(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 street; or
(5) The acquisition of collector and arterial street right-of-way by a public agency.
(Ord. 70, passed 5-19-2020)