ACCESSORY BUILDING: Any structure not intended for human occupancy but that serves an accessory function to the principal building on the property.
ADMINISTRATOR: The person appointed by the city council to administer the area of impact subdivision ordinance.
AFFECTED PERSON: One having an interest in real property which may be adversely affected by approval or disapproval of a proposed subdivision or development.
AGRICULTURAL SUBDIVISION: A bona fide division of agricultural land for agricultural uses shall mean the division of land into twenty (20) acres or larger and maintained as agricultural lands. Proof of agricultural productivity, as defined in section 22-4502, Idaho Code, shall be required by the board at its discretion 1 .
AGRICULTURAL USES: Farming, dairying, pasturage, cultivation, tillage, horticulture, floriculture, silviculture, viticulture, vermiculture, animal, poultry and fish husbandry, as the principal land use and the necessary accessory uses for packing, treating or storing the produce. Agricultural uses shall not include commercial riding stables, racetracks, slaughterhouses, plants, factories, works for the reduction of animal matter (rendering plant) or commercial poultry, kennels, or feedlots.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARD: The board of Lewis County commissioners.
BUILDING: Any structure securely fixed to the land, and which is designated or intended for the shelter, enclosure, or protection of persons, animals, or property of any kind.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or human remains.
CITY: The city having jurisdiction of the parcel of land under consideration.
COMMERCIAL USE: A use other than agriculture that involves the sale of products or services for profit or compensation.
COMMISSION: The city of Kamiah planning and zoning commission.
COMPREHENSIVE PLAN: A compilation of goals, policies, maps and other data guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in the Idaho local planning act of 1975, as amended or subsequently codified.
CONDITION APPROVAL: An affirmative action by the commission that a recommendation of full approval will be granted upon satisfaction of specified stipulations by the subdivider.
CONDOMINIUM: An estate consisting of undivided interest in common real property. See Idaho Code for legal definition.
COUNCIL: The city council of Kamiah, Idaho.
COUNTY RECORDER: The office of the Lewis County recorder.
COVENANT: A written promise, pledge or agreement, especially one specifying restrictions or conditions imposed by the seller of land upon its subsequent use by the purchaser.
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. Dedicated land becomes public land only when accepted by the council as a public dedication by the passage of an ordinance, a resolution or an entry of approval in the official minutes of the board.
DEVELOPER: Synonymous with "subdivider" for purposes of this title.
DEVELOPMENT: Any grading, vegetation removal, construction activity, or any other activity excluding maintenance that changes the existing character or use of the land or has any impact on adjoining properties.
DWELLING UNIT: A. Any building or other structure proposed or built for occupancy by people.
B. A prefab 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: Authorization by a property owner for the use by another, and for a specific purpose, of any designated part of his property.
ENGINEER: A person licensed by the state of Idaho to practice professional engineering. The city engineer is an engineer employed and appointed by the council to review plats and surveys, and to make such plats, maps and surveys as may be ordered by the council.
FLOOD; FLOODING: The temporary inundation of normally dry land areas by overflow from streams or by unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN: The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the 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 Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel or a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas will 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 of Kamiah, Idaho.
HEALTH AUTHORITY: The north central district health department, the Idaho department of labor and industrial services, plumbing division and the Idaho division of environmental quality.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of twelve percent (12%) or more, or where adverse conditions associated with soil stability, erosion or sedimentation are present.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and/or building site development.
LOT: A unit of land with precisely described boundary lines of suitable size as required by this title and the existing land use or zoning ordinance which is part of a recorded subdivision.
LOT AREA: The total area of a lot measured on a horizontal plane within the boundary lines exclusive of public and private roads, and access easements to other property.
LOT TYPES: As used in these regulations, lot types are as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Interior Lot: A lot other than a corner lot, with frontage on only one street.
Through Lot: A lot with frontage on more than one street other than a corner lot.
MANUFACTURED HOME: A factory built structure constructed according to the national manufactured housing construction and safety standards act of 1974, and as amended, which became effective June 15, 1976. A manufactured home:
A. Is transportable in one or more sections, which in the traveling mode, is eight feet (8') or more in width or is forty feet (40') or more in length; and
B. When erected on site is three hundred twenty (320) or more square feet; and
C. Is built on a permanent chassis, however, it does not have permanently attached to its body or frame any wheels or axles, and, it is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site; and
D. Is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities; and
E. Has a pitched roof with a minimum pitch of three to twelve (3:12) (3 inches of rise to 12 inches of run).
F. Unless a manufactured home is to be placed in a manufactured/mobile home park it must be placed on a permanent foundation constructed in conformance to Idaho Code chapter 22, section 44-2205.
MANUFACTURED HOME SUBDIVISION: A subdivision designed and intended for exclusive manufactured home residential use where residence is in manufactured homes exclusively and land owned by occupant.
MANUFACTURED/MOBILE HOME PARK: Any area, tract, plot or parcel of land developed as planned unit development (PUD) and designed primarily for placement of manufactured/mobile homes located and maintained for dwelling purposes on a permanent or semipermanent basis.
MOBILE HOME: A transportable, factory built residential dwelling, which was constructed twenty five (25) years from the present date and certified as meeting current manufactured home construction and safety standards of the Department of Housing and Urban Development.
MODULAR BUILDING: Any building or building component, other than a manufactured home, and is either entirely or substantially prefabricated or assembled at a place other than the building site. Modular homes are subject to the same standards as site built homes. Modular buildings are not required to comply with the National Manufactured Home Construction and Safety Standards Act of 1974.
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.
NOXIOUS WEED: A kind of species of plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the Director of Idaho Department of Agriculture.
A. Impact Area Noxious Weed: Any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the Kamiah City Council.
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 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 title 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 recorded subdivision plat or any full existing or approved parcel acquired by an adjacent owner after enactment of this title.
OWNER: The person, persons, firm, association, syndicate, partnership or corporation holding title as vendors under land contract, or holding any other title of record.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the City Clerk of Kamiah 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 itself will 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 (2) or more principal buildings as governed by the zoning ordinance. The requirements of this title may be modified by the City Council upon recommendation by the commission to achieve the best possible planned development for the specific site under consideration.
PLAT: A map of subdivision.
Final Plat: The final formal presentation by drawings, required supporting data, and certifications, of a proposed land subdivision development, which has previously received preliminary approval.
Preliminary Plat: The first formal presentation by drawings of a proposed land subdivision development, including supporting data.
RECREATIONAL VEHICLE PARK: Rental space for recreational vehicles on a limited basis, generally overnight, but normally not longer than a week. This may include motor homes and pickup campers.
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 street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special uses. New road rights of way shall be dedicated to public use.
ROADWAY: That portion of a street, road or highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and other portions of the public right of way.
SETBACKS: The space between every structure and all property lines on the lot on which structures are located, required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map. Refer to the Lewis County zoning ordinance for specifics.
SIDEWALK: A paved or improved path, dedicated to public use usually running adjacent and roughly parallel to a street providing for pedestrian movement adjacent to, but separated from, vehicular movement.
SIMPLE SUBDIVISION: The result of an act dividing an original lot or parcel of land into more than two (2) but fewer than five (5) parts for the purpose of transfer of ownership or development.
SKETCH PLAN: Plan of a proposed development in schematic form.
STANDARD SPECIFICATIONS: The specifications as specified in this title or as otherwise officially adopted by the council.
STREET: A right of way which provides vehicular 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.
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
A. Major Arterial: Corresponds to state primary roads.
B. Minor Arterial: Corresponds to state secondary roads.
Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space at its terminus.
Frontage: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties.
Loop: A minor street with both terminal points on the same street of origin.
Minor: A street which has the primary purpose of providing access to abutting properties.
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.
SUBDIVIDER: A subdivider shall be deemed to be 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, he 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 or parcel of land into more than four (4) parts for the purpose of transfer of ownership or development. However, this title shall not apply to any of the following:
A. The sale or exchange of land between adjoining property owners, or an adjustment of lot or property lines, where such sale, exchange or adjustment does not create additional lots, shall not be deemed a subdivision.
B. An allocation of land in the settlement of an estate 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 Kamiah comprehensive plan.
E. The acquisition of street rights of way by a public agency in conformance with the Kamiah comprehensive plan.
F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage.
G. The division of land into no more than eight (8) lots, tracts or parcels, all of which are twenty (20) acres in size, or larger, which does not involve any new street dedication, and which will remain as productive agricultural land.
H. For the purpose of this title, there shall be the following categories of subdivision:
1. Suburban: A subdivision wherein the minimum size of each lot is 7,187.5 square feet. This subdivision shall be permitted only when within a city impact area.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
TECHNICAL REVIEW COMMITTEE: The technical review committee, appointed by the city council, to assist with the technical evaluation of subdivisions, and to make recommendations to the commission. The membership of the committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in the following areas:
A. Road design and construction.
B. Sewer and water facility design and construction.
C. Health requirements for water and sewer facilities.
D. Environmental planning criteria such as: geology, water systems, vegetation, noise, etc.
E. Solid waste.
F. Recreational and open space.
USABLE LOT AREA: That portion of a lot usable for residential construction use, excluding areas which are covered by water, excessively steep, or are included in certain types of easements.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater 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 this action of the applicant, a literal enforcement of this title 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. 2017-6, 2017: Ord. 2000-2 Art. II §2, 2000)
KA471 16.12.txt ()
Notes
| 1 | 1. IC § 67-6529. |