For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular;
B. The word "shall" is mandatory; "may" is permissive; the word "should" is preferred; and
C. The masculine shall include the feminine.
When used in this title, the following words and 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: 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 provisions 1 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.
COMMISSION: The planning and zoning commission, as appointed by the city council to administer this title, having jurisdiction over the parcel of land under consideration.
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: a) an undivided interest in common 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 combination thereof.
COUNCIL: The city council of the city of Paul, Idaho.
COUNTY RECORDER: The office of the county recorder of Minidoka County, Idaho.
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.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people.
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 land for specific purposes.
ENGINEER: Any person who is licensed in the state to practice professional engineering.
GOVERNING BODY: The mayor and city council of the city of Paul, Idaho.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
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 thirty (30) or more lots or dwelling units.
LOT: A parcel, plot, tract or other land area of suitable size as required in these regulations and in the existing zoning regulations 2 ; 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 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; or, a lot bounded on at least two (2) sides by the same street.
Interior Lot: A lot other than a corner lot, with frontage on only one street.
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 with frontage on more than one street, not a corner lot. Also known as double frontage lot. Through lots are prohibited under these regulations unless such a lot meets the criteria of a backup lot in subsection 9-3-5F of this title.
MOBILE HOME: A "manufactured home" as defined in section 8-2-2 of this code.
MOBILE HOME PARK: A park designed and intended for 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.
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 section 50-1303, Idaho Code.
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 (1/16) of a section (40 acres) or any unplatted contiguous parcel of land held in one ownership and of record at the effective date hereof.
OWNER: The individual, firm, association, syndicate, partnership or corporation having a proprietary interest 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 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 amount of the bond shall be set by the city council in its sole discretion with regard to the recommendation of the commission.
PLANNED UNIT DEVELOPMENT: 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 title 3 . 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: 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.
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 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 of service areas.
SIDEWALK: That portion of the street right of way outside the street pavement which is improved for pedestrian use (also known as walkways).
STANDARD SPECIFICATIONS: The specifications as may be specified in this title 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 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 designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Commercial: A street designated for the purpose of providing traffic movement in a commercial area.
Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space.
Dead End: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
Frontage: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
Industrial: A street designated for the purpose of providing traffic movement in an industrial area.
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.
Private: A street which 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: 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 two (2) 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 adjustment of lot lines as shown on a recordage, 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;
B. An allocation of land in the settlement of an estate of a decedent 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 comprehensive plan;
E. The acquisition of collector and arterial street rights of way by a public agency in conformance with the comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.
SURVEYOR: A 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. (Ord. 347, 3-11-1987; amd. Ord. 381, 4-10-1996)
Notes
| 1 | 1. See title 8 of this code. |
| 2 | 1. See title 8 of this code. |
| 3 | 1. See title 8 of this code. |