As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY USE OR STRUCTURE: A use or structure on the same tract, parcel or lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADMINISTRATOR: An official who is appointed by the board of county commissioners to administer this title.
ALLEY: A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
AS BUILT PLANS: Revised construction plans in accordance with all approved field changes.
BLOCK: A piece or parcel of land or group of lots within a subdivision that is entirely surrounded by public streets, streams, railroads, parks or the exterior boundary of the subdivision or a combination thereof.
BOARD: The board of county commissioners of Payette County, Idaho.
BOND, PERFORMANCE OR SURETY: A financial guarantee by a third party on behalf of a developer with the county in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
BUILDING LINE OR SETBACK LINE: A line parallel with a street right of way line, shore of a lake, edge of a stream, property line or riverbank, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and such right of way, shore of a lake, edge of a stream, or riverbank.
CAPTION: The name by which a plat is legally and commonly known.
COMMERCIAL DEVELOPMENT: A planned commercial center providing building, parking, service areas and screen planting; wider streets, turning movement and safety lane roadway improvements.
COMMISSION: The planning and zoning commission appointed by the board of county commissioners.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted pursuant to the Idaho Code, title 67, chapter 65, by the board of county commissioners, 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 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.
COVENANTS: A written promise or pledge, which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of all affected landowners.
CROSSWALK (PEDESTRIAN WALKWAYS): Right of way dedicated to public use and which crosses a block to facilitate pedestrian access to adjacent streets and properties.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the county.
DEVELOPER: Any person who executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the Payette County subdivision ordinance. The developer need not be the owner of the property.
DIVIDE OR DIVISION: Any partition of a parcel of real property whether by deed, mortgage, deed of trust, sales agreement, will, trust, court order or decree, or otherwise.
DRIVEWAY: A minor private way used by vehicles and pedestrians on a home site or a mobile home site or used as common access to a group of sites or facilities.
DWELLING: House, home or family abode for single-family usage.
EASEMENT: A right, privilege, service or convenience, possessed by one person, either through agreement or through condemnation, to use for a specified purpose a designated portion of a property owner's land.
ENGINEER: A person who has met the necessary requirements and been licensed by the state of Idaho as an engineer.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water 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, as established by the engineering practices as specified by the army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with a 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; and
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.
GREENBELTS OR BUFFER PARKS: A strip or parcel of land, privately restricted or publicly dedicated as open space located between uses for the purpose of protecting and enhancing the residential environment.
HEALTH AUTHORITY: The Southwest health district, Idaho department of health and welfare, or its successor.
HIGHWAY DEPARTMENT: The county road and bridge, highway district 1, highway department or the road districts of Payette County.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof having any slope of ten percent (10%) or more.
IMPROVEMENTS: Any structure incident to servicing or furnishing facilities for a subdivision such as grading, street surfacing, curb and gutter, driveway approaches, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays, canals, and other such items, together with all appurtenant construction.
INDUSTRIAL DEVELOPMENT: A planned industrial area designed specifically for industrial use and providing screened buffers, wider streets and turning movement, and safety lane roadway improvements where necessary.
LOT: For the purposes of this title, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of: a) a single lot of record; b) a combination of complete lots of record, or of portions of lots of record.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT DEPTH: The horizontal distance between the front and rear lot lines as measured along the median between the side lot lines.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
LOT, MINIMUM AREA OF: Lot area excluding any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with only one frontage on a street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot;
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
LOT WIDTH: The horizontal distance between the side lot lines measured at the setback line and at right angles to the lot depth.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or a flatbed or other trailer or detached wheels;
C. Arriving at the site where it is to be occupied as a dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, such as location on foundation supports, connection to utilities and the like.
D. Mounted on a chassis running the length of the unit, with the outer walls cantilevered from the chassis or supported by the chassis rather than by a foundation running along the perimeter of the unit.
MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes are parked on a permanent or semipermanent basis, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
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, and recreational facilities which the planning and zoning commission deems permissive. Streets, parking areas, structures for habitations, accessory buildings or structures and the like, shall not be included.
ORIGINAL PARCEL: A parcel or tract as recorded on any plat or on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership or recorded as the property of one person, as of March 21, 1979. This shall not apply to bona fide purchases of contiguous parcels purchased on different occasions with separate financing for the purpose of increasing the size of a parcel or tract, which parcels have not been combined into a single legal description. An original parcel transferred to one or more heirs pursuant to a decree of distribution shall retain its status as an original tract and shall not gain any additional building rights.
ORIGINAL TRACT: See definition of Original Parcel.
OUTLOT: A lot set aside for purposes other than a building site, park or other such land dedicated to public use, or reserved for private use.
PARCEL: A contiguous quantity of land owned by, or recorded as, the property of, the same person. Parcels purchased on different occasions with separate financing for the purpose of increasing the size of a parcel or tract, which parcels have not been combined into a single legal description, are individual parcels.
PERMIT: A document issued by the planning and zoning administrator or building inspector, with the approval or authority of the board of county commissioners or planning and zoning commission, authorizing the use of land and structures, and the characteristics of the uses.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations.
PLANNING COMMISSION: The planning and zoning commission of Payette County, Idaho, as established by the board of county commissioners thereof (also referred to as commission).
PLAT: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, including certifications, descriptions, and approvals. Several types of plats are contemplated by the provisions of this title and are defined as follows:
Conceptual Plan: A drawing less detailed than a preliminary plat, mechanically drafted to scale, showing a footprint of existing and proposed structures, access to public roadways, parking areas, easements, utilities, retention basins, setbacks and other features that may be applicable to the property.
Final Plat: A map of a subdivision of land made up in final form ready for approval by the planning and zoning commission, board of county commissioners, county recorder, county treasurer, county assessor, Southwest health district or its successor, county surveyor, and county engineer.
Preliminary Plat: A map showing the salient features of a proposed subdivision of land including, but not limited to, contours, easements, lot lines, streets, utilities, grades, watercourses, curbs, gutters, sewers, sidewalks, and all improvements, submitted to an approving authority for the purpose of preliminary consideration.
PROPRIETOR OR DEVELOPER: A natural person, firm, association, partnership, corporation, or combination of any of them which may hold any recorded or unrecorded ownership interest in land.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC UTILITY: All persons, firms, corporations, partnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, telegraph, storm sewers, sanitary sewers, transportation, communication or other services of similar nature.
RECREATIONAL VEHICLE (RV) PARK: Any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.
RIGHT OF WAY: A strip of land taken or dedicated for public 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 areas, viaducts and bridges.
SIGHT DISTANCE: The unobstructed vision on a horizontal plane along a street centerline from a driver eye height of 3.75 feet to an object height of six inches (6").
SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
STATE: State of Idaho.
STREET: Any right of way which provides vehicular and pedestrian 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. A privately owned street may be included.
Arterial Street: Those streets of considerable continuity which are or may be used primarily for fast or heavy traffic.
Collector Street: Those streets used to carry traffic from minor streets to arterial streets to large residential developments.
Cul-De-Sac: A minor street of short length having one end terminated by a vehicular turnaround.
Freeway: Those streets designed for high speed, high volume through traffic, with completely controlled access, no grade crossings, and no private driveway connections.
Frontage Road: A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic but not carrying through traffic.
Limited Access: Those streets designed for high speed, high volume traffic, with full or partially controlled access, some grade crossings, but no driveway connections.
Minor Street: A street which is intended primarily for access to abutting properties.
Parkway: A street designed for noncommercial, pleasure oriented traffic moving at moderate speeds between and through scenic areas and parks.
STREET WIDTH: The shortest distance between the lines delineating the right of way of streets.
SUBDIVISION: Any land which is divided or proposed to be divided into five (5) or more lots, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single developer, or a group of developers acting in concert, and such land is contiguous or is known, designated or advertised as a common unit or by a common name. Such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale, lease, transfer or development as a part of a common plan. However, this title shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, 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. 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 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 which does not result in the change of the present land usage;
F. A sale or exchange of lands used exclusively and solely for agricultural purposes.
SURVEYOR: A legally qualified surveyor or engineer authorized to perform land surveying in the state of Idaho.
TOPOGRAPHICAL MAP: A map showing existing physical characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
TRACT: A piece of land of any size (see also definition of Parcel).
VARIANCE: A modification of the requirements of this title and title 8 of this code as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setback, parking space, height of buildings or other ordinance provisions affecting the size or shape of the structure or the size of a lot.
VICINITY MAP: A drawing which sets forth by dimensions or other means, the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward.
Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Yard, Interior Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
Yard, Street Side: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. (Ord. 2009-04, 6-15-2009)