For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, but not including fences or advertising signs.
BUILDING LINE: A line established by law or agreement and usually parallel to property line beyond which a building or structure may not extend.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
CEMETERY: Land used or intended to be used for the burial of humans or dead animals and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries operated in connection with, and within the boundaries of, such cemetery for which perpetual care and maintenance is provided.
COMMISSION: The planning and zoning commission of Minidoka County as appointed by the board of county commissioners.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the board including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools, and other community facilities.
CONDOMINIUM: An estate consisting of: a) an 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.
COUNTY RECORDER: The office of the Minidoka 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 interests in land for use by the public. Land becomes dedicated when accepted by the county as a public dedication, 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.
DEVELOPMENT, LARGE SCALE: A subdivision the size of which consists of thirty (30) or more lots or dwelling units.
DEVELOPMENT, MEDIUM SCALE: A subdivision the size of which consists of less than thirty (30) but more than ten (10) lots or dwelling units.
DEVELOPMENT, SMALL SCALE: A subdivision the size of which consists of up to ten (10) lots or dwelling units.
DWELLING UNIT: A suite of two (2) or more habitable rooms providing complete living facilities for one family including permanent provisions for living, sleeping, eating, cooking and sanitation.
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: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of another person's property.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
GOVERNING BODY (AUTHORITY): The board of county commissioners of Minidoka County.
GOVERNMENT LOTS: Fractional sections in the rectangular government survey system that are less than one quarter- section, generally a quarter-quarter section with more or less than forty (40) acres and meets one or more of the following criteria:
A. Found along the northern and western tier of townships;
B. Found where two (2) surveys meet each other; and/or
C. Found along "meanderable" rivers and lakes.
HIGHWAY: A street designated as a highway by an appropriate local, state or federal agency.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.
LOT: A parcel of land of sufficient size to meet minimum subdivision and zoning requirements for use, coverage and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street or approved private street, or access to said lot will be provided by means of an approved irrevocable dedicated easement.
LOT AREA: The computed horizontal area contained within the lot lines.
LOT TYPES: As used in this title, lot types are as follows:
Corner Lot: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the "corner".
Interior Lot: A lot bounded by a street on one side only.
Reversed Lot: A lot with frontage on a side street or other right of way other than an interior or corner lot.
Through Lot: A lot having frontage on two (2) streets, which are parallel or nearly so; also known as double frontage lot. Through lots are prohibited under this title unless such a lot meets the criteria of lot access in subsection 9-4-10F of this title.
MANUFACTURED HOME (MOBILE HOME): A single-family dwelling designated 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 assembly operations, located 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 mobile home. See the Minidoka County zoning ordinance for specific definitions and classifications.
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 section 50-1303.
OPEN SPACE: An area substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and other recreational facilities that the commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
ORIGINAL PARCEL OF LAND: A lot, tract or individual parcel as recorded on any plat or recorded on file in the office of the Minidoka County recorder, any unplatted contiguous parcel of land held in one ownership, or any platted contiguous parcel of land comprised of or including government lots, and being any such parcel of record as of March 18, 1982, the effective date of the original subdivision ordinance.
OWNER: Any individual, person, firm, association, syndicate, partnership, corporation, or other entity having proprietary interest in real property subject to this title.
PARK, MANUFACTURED (MOBILE) HOME: Any area, tract, plot or site of land developed as a planned unit development located and maintained for dwelling purposes on a permanent or semipermanent basis for two (2) or more manufactured (mobile) homes or travel trailers.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the county clerk and recorder which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with 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. The board shall set the amount of the bond at its sole discretion with regard to the recommendation of the commission.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this title.
PLAT: The drawing, mapping, or planning of a subdivision, cemetery, townsite or other tract of land or a replatting of such, including certifications, descriptions and approvals.
PLAT TYPES:
Amended Plat: A revised plat correcting errors or making minor changes to the original recorded final plat.
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.
Preliminary Plat: The first formal presentation by maps or drawings of a proposed subdivision, as required in this title.
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 taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts, and bridges.
SIDEWALK: That portion of the street right of way outside the street pavement, which is improved for pedestrian use; also known as walkway.
STANDARD SPECIFICATIONS: The specifications as may be specified in this title or as officially adopted by the county.
STATE: The state of Idaho.
STREET: A right of way that 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 similar terms. Some related terms and definitions are as follows:
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
Arterial: A street, which is designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street, which is designated for the purpose of carrying traffic from minor streets or other collector streets and/or arterial streets.
Commercial: A street, which is designated for the purpose of providing traffic movement in a commercial area.
Cul-De-Sac: A street, which is connected to another street at one end only and provided with a turnaround space.
Dead End: A street, which connects to another street at one end only and not having provision for vehicular turnaround at its terminus.
Frontage: A minor street, which is parallel to and adjacent to arterial or collector streets, and has the primary purpose of providing access to abutting properties.
Industrial: A street, which is designated for the purpose of providing traffic movement in an industrial area.
Loop: A minor street with both terminal points on the same street 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.
Private: A street that provides vehicular and pedestrian access to one or more properties; however, not accepted for public dedication or maintenance.
Side Street: A secondary street that provides access to a corner lot toward which the principal building is not oriented.
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 division of an original lot, tract, or parcel of land into more than four (4) parts for the purpose of transfer of ownership or development; the dedication of a public street and the addition to, or creation of, a cemetery. However, this title shall not apply to any of the following:
A. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
B. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
C. Widening of existing streets to conform to the comprehensive plan;
D. The acquisition of collector and arterial street rights of way by a public agency in conformance with the comprehensive plan;
E. The exchange of land for the purpose of straightening property boundaries that does not result in the change of the present land usage of the properties involved; and
F. The acquisition of a parcel with the purpose of adding to an existing parcel, lot or tract without any individual or separate development.
SUBDIVISION, MOBILE HOME: A subdivision designed for manufactured or mobile home residential use.
SURVEYOR: A land surveyor or professional engineer registered in the state of Idaho.
UTILITIES: Installation for conducting water, sewage, gas, electricity, television, communications, stormwater, ancillary 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., 3-2007; amd. 2016 Code; Ord. 2019-11-18, 11-18-2019)