For the purpose of this Title, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
ADMINISTRATOR: An official having knowledge of the principles and practices of subdividing, appointed by the City to administer this Title.
ALLEY: A public way designed to serve as secondary access to the side or rear of lots having principal access on some other street.
ANNEXATION AGREEMENT: An agreement or contract between the subdivision developer and the City setting forth the rights, duties, obligations and conditions of development that may apply to the parties regarding each specific subdivision or development.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARD: Board Of County Commissioners, Jefferson County.
BUILDING: Any structure designed or used for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING SETBACK LINE: An imaginary line established by ordinance that requires all buildings to be set back a certain distance from lot lines.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for the erection of a building.
CEMETERY: A lot or tract of land that has been platted for the selling of sites for the burial of animal or human remains.
CITY: The word "City" shall mean the City of Rigby, Idaho.
COMMISSION: The City Planning and Zoning Commission of the City of Rigby.
COMMITTEE: The Technical Committee, appointed by the Council upon recommendation from the Commission, 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 and noise;
E. Solid waste; and
F. Recreational and open space.
COMPREHENSIVE PLAN: A document also known as a Comprehensive Development Plan, showing the general location and extent of present and proposed development, including 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 City of Rigby, Idaho.
COUNTY RECORDER: The office of the County Recorder of Jefferson County, Idaho.
CROSSWALK: A public right of way for pedestrian traffic.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights, being compatible with the full exercise and enjoyment of the public use to which the property has been devoted. Dedicated land becomes public land only upon the acceptance of the same by the City and/or County.
DEVELOPER: Authorized agents of a subdivider or the subdivider himself.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription.
ENGINEER: Any person who is licensed in the State to practice professional engineering.
FLOOD PLAIN: The relatively flat area or low land 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 flood plain 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 exceed in any given year.
Floodway: The channel of a watercourse and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water of any watercourse; and
Floodway Fringe: That part of the flood plain which is beyond the floodway. Such areas will include those portions of the flood plain which will be inundated by a flood of 100-year frequency.
FRONTAGE: That side of a lot abutting on a street and ordinarily regarded as the front of the lot.
FRONTAGE STREET: Any street along which development on both sides is proposed.
GOVERNING BODY: The City Council of the City of Rigby, Idaho.
GRADE: The slope of a road or street expressed in percentage (%) terms.
HIGHWAY: A street designated as a highway by an appropriate State or Federal agency.
HIGHWAY OR STREET, LIMITED ACCESS: An expressway highway, or arterial street providing a route for through traffic, in respect to which adjacent property owners or occupants and others have no legal right to access to or from, except as may be determined by the public authority having jurisdiction over such route.
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 fifty (50) or more lots or dwelling units.
LOT: A parcel, plot, tract, or portion of a subdivision, or other land area of suitable size as required in these regulations and the existing Zoning Ordinance having frontage on a dedicated street.
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.
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.
MASTER PLAN: See definition of Comprehensive Plan.
MAY: The word "may" shall mean permissive at the option of the person, or agency referred to in the sentence where used.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long-term occupancy and contained 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 wheels, or on flatbed or other trailers, or detached wheels; and
C. Designed to be taken to the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for exclusive mobile home residential use.
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 section 50-1303.
OPEN SPACE: An area open to the sky for outdoor recreation activity, exclusive of streets, buildings or other covered structures.
ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat of record on file in the office of the County Recorder, or any unplatted contiguous parcel of land held in one ownership and of record at the effective date hereof.
OWNER: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk, which guarantees that the subdivider will perform all actions required by the governing body regarding an approved plat and the related subdivision improvement plans, 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 will itself complete the requirements of the approved plat and the related subdivision improvement plans.
PLANNED UNIT DEVELOPMENT SUBDIVISION: A subdivision designed as 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 individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings.
PLANNING AND ZONING COMMISSION: The Rigby planning and zoning commission.
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:
Final Plat: The final and formal presentation by drawings of a subdivision development, for approval by the city, and which, if approved, the original and one copy of which is filed with the county clerk and recorder.
Preliminary Plat: The first formal presentation by drawings of a proposed subdivision.
PRINT: Any copy of an original which reproduces exactly the original drawing from which it is made.
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 way, which normally includes streets, sidewalks and other public utilities or service areas.
ROLL BACK: A curb which shall channel water to a drain or pond or holding area and yet shall not have an abrupt shoulder such that a vehicle could drive over the curb consistent with general engineering principles. The standards for construction are as set forth in the "Idaho Standards For Public Works Construction" (2000 revision and as amended) and as set forth in the regulations established by the city of Idaho Falls engineering department. In the event of a conflict, then a manner as approved by the public works director.
SEWAGE DISPOSAL SYSTEM, INDIVIDUAL: A septic tank seepage type sewage disposal system, or any other approved individual sewage treatment device.
SHALL: The word "shall" shall always mean mandatory and not merely directory.
STANDARD SPECIFICATIONS AND DRAWINGS: The specifications and drawings governing the construction and/or installation of streets, concrete walks, water lines, sewer lines, as specified in this title or as officially adopted by the city.
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.
Arterial: A street designed for the purpose of carrying fast and/or heavy traffic.
Collector: A street which has the primary 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 as its terminus.
Dead End: A street or portion thereof with only one outlet.
Frontage: 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.
Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
SUBDIVIDER: Any individual, partnership, firm, association, syndicate, corporation, trust or other legal entity commencing proceedings under this title to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION: The division of a developed or undeveloped tract or parcel of land into two (2) or more parts for the purpose, whether immediate or future, of sale or of building development; provided, that if any one person within one calendar year divides any tract into two (2) or more parts, or if a new street is involved in any subdivision of a parcel of land, such land shall be deemed a subdivision within the meaning of this title; provided, however, that this definition of a "subdivision" shall not include a bona fide division or partition of agricultural land in parcels of more than five (5) acres for agricultural purposes, nor shall it include the division of property which is within a duly zoned commercial or industrial district for commercial or industrial development where no new streets are required or are to be dedicated for public use; nor shall it include or apply to the allocation of land in the settlement of an estate, or a court decree for the distribution of property; nor shall it apply to the sale or conveyance of any parcel of land which may be shown as a portion of a platted lot having two (2) acres or less, the lot being in a subdivision of which a plat heretofore has been recorded in the land records of Jefferson County, Idaho.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm water 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 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. 403, 7-21-1987; amd. 1999 Code; Ord. 508, 4-6-2004)