For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the past or future tense, the singular includes the plural, and the plural includes the singular. The word SHALL is mandatory; MAY is permissive; and the word SHOULD is preferred. The masculine shall include the feminine.
(Prior Code, § 16.08.010)
BLOCK. A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARD. The Board of City Council members.
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 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 and street rights-of-way.
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 planned 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.
COMMISSION. The Planning and Zoning Commission, as appointed by the Council to administer this chapter, having jurisdiction over the parcel of land under consideration.
COMMITTEE. The technical committee appointed by the 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:
(1) Road design and construction;
(2) Sewer and water facility design and construction;
(3) Health requirements for water and sewer facilities;
(4) Environmental planning criteria such as geology, water systems, vegetation and the like;
(5) Solid waste;
(6) Recreational and open space;
(7) Schools;
(8) Utilities; and
(9) Fire Department.
COMPREHENSIVE PLAN. A plan, comprehensive plan or comprehensive development plan adopted by the local authority and showing 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 an undivided interest in common in 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.
COUNCIL. The City Council of the municipal governing body.
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 interests in land for use by the public. Land becomes DEDICATED when accepted by the city 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 or herself.
DWELLING UNIT. Any building or other structure proposed or built for occupancy by people.
DWELLING UNIT (PRE-FAB). 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.
ENGINEER. Any person who is licensed in the state to practice professional engineering.
FLOODPLAIN. The relatively flat area or lowland adjoining the channel of a river, stream or watercourse, lake or other body of standing way 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.
(1) CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
(2) DESIGNATED FLOODWAY. A floodway whose limits have been designated and established.
(3) FLOOD. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of standing water.
(4) FLOOD OF 100-YEAR FREQUENCY. A flood magnitude which has a 1% chance of being equaled or exceeded in any given year.
(5) FLOODWAY. The channel of a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.
(6) FLOODWAY-ENCROACHMENT LINES. The lines limiting a designated floodway.
(7) FLOODWAY FRINGE.
(a) The part of the floodplain which is beyond the floodway encroachment lines limiting a designated floodway.
(b) 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 floodwater-carrying capacity of the floodway and floodwater levels. Such areas are characterized by shallow flood depths and low velocities of water flow.
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 10% or more.
IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site developments.
LARGE-SCALE DEVELOPMENT. A subdivision, the size of which consists of 50 or more lots or dwelling units.
LOT. A parcel, plot, tract or other land area of suitable size, as required in these regulations and existing zoning ordinances, 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 SPLIT. A division of an original platted city lot, tract or parcel of land, as set forth at the time of incorporation of the city, into three parts. A LOT SPLIT may be allowed as long as the LOT SPLIT:
(1) Results in all involved lots being consistent with the current zoning of the area where the lots exist;
(2) Is located with frontage on an existing city street;
(3) Has water and sewer access to the lot or adjacent to the lot so that all involved lots will have access to water and sewer services;
(4) Will not require the city to adopt additional parking, city streets or run new sewer and water lines or increase substantially the use of said water or sewer lines or any result which may require additional costs to the city; and
(5) Contains lots which will have to meet the standards of the city for roads, running new sewer and water lines and EMS services.
LOT TYPES.
(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) REVERSED LOT. A lot with frontage on a side street or other right-of-way other than an interior or corner lot.
(4) THROUGH LOT. A lot with frontage on more than one street, not a corner lot. Also known as a DOUBLE FRONTAGE LOT. THROUGH LOTS are prohibited under these regulations.
MOBILE HOME.
(1) 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, location on jacks or other temporary or permanent foundations, connections to utilities and the like.
(2) A pre-fab dwelling unit or travel trailer is not to be considered as a MOBILE HOME. A travel trailer is one that can legally be towed by passenger car.
MOBILE HOME PARK. A park designed and intended for the purposes of rental spaces where residence is in mobile homes exclusively.
MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where residence is in mobile homes exclusively and land owned by the occupant.
MONUMENT. Any permanent marker, either of concrete, galvanized iron pipe or iron or street 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, each one-sixteenth of a section (40 acres) or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of the ordinance codified in 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, or his or her surety, to the City 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 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.
(1) 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 the zoning ordinance.
(2) The requirements of this chapter may be modified by the Council upon recommendation by the Commission 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 replatting of such, including certifications, descriptions and approvals.
(1) 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.
(2) PRELIMINARY PLAT. The first formal presentation by maps or drawings of a proposed subdivision, as required in these regulations.
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 served for use as a public way of which normally includes sidewalks and other public utilities or service areas.
SIDEWALK. The 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 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.
(1) ALLEY. A minor street providing secondary access at the back or side of a property otherwise abutting a street.
(2) ARTERIAL STREET. A street designated for the purpose of carrying fast and/or heavy traffic.
(3) COLLECTOR STREET. A street designated for the purpose of carrying traffic from minor streets to other COLLECTOR STREETS and/or arterial streets.
(4) COMMERCIAL STREET. A street designated for the purpose of providing traffic movement in a commercial area.
(5) CUL-DE-SAC STREET. A street connected to another street at one end only and provided with a turnaround space at its terminus.
(6) DEAD-END STREET. A street connecting to another street at one end only and not having provisions for vehicular turnaround at its terminus.
(7) FRONTAGE STREET. A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
(8) INDUSTRIAL STREET. A street designated for the purpose of providing traffic movement in an industrial area.
(9) LOOP. A minor street with both terminal points on the same street of origin.
(10) MINOR STREET. A street which has the primary purpose of providing access to abutting properties.
(11) 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.
(12) PRIVATE STREET. A street which provides vehicular and pedestrian access to one or more properties; however, not accepted for public dedication or maintenance.
(13) SIDE STREET. A secondary street that provides access to a corner lot of which the principal building is not oriented toward.
SUBDIVIDER.
(1) 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.
(2) 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 division of an original platted city lot, tract or parcel of land, as recorded on county records, into more than two parts for the purpose of transfer of ownership or development.
SURVEYOR. Any person who is licensed in the state as a public land surveyor to do professional surveying.
TRAVEL TRAILER PARK. Rental space for travel trailers on a limited basis.
UTILITIES. Installations for conducting water, sewage, gas, electricity, television, storm drains 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.
(Prior Code, § 16.08.020)
(Ord. 462, passed 6-9-1975; Ord. 659, passed 5-15-2019)