ADMINISTRATOR: An official having knowledge in the principles and practices of subdividing who is appointed by the board to administer this title or his designee.
AGENCY: Any city or political subdivision of the state, including, but not limited to, counties, school districts, highway districts, and any agency of state or federal government, and any city or political subdivision of another state or federal government.
ALIQUOT PART: An exact division of a section. Example: N.W. 1/4, S.W. 1/4, S.E. 1/4, section 36.
APPLICANT: Any individual, firm, association, partnership, corporation, private individuals, trust, or other legal entity creating or proposing a subdivision for himself or another.
BLOCK: A parcel or tract of land entirely surrounded by public streets or areas, watercourses and culverts, railroad rights of way, unsubdivided lands, or a combination thereof.
BOARD: The Shoshone County board of commissioners.
BONUS LOTS: Additional building lots earned within a conservation design subdivision pursuant to these regulations.
BUILDING: A structure which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner.
BUILDING SETBACK LINE: An imaginary line established by this title or title 9 of this code designating the distance at which all buildings are to be set back 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 building. Also including any area in which a structure is located.
BUNKER HILL SUPERFUND SITE OVERLAY DISTRICT (BD): The Bunker Hill superfund site overlay district includes parts of the west corridor of the county as those areas are defined in the comprehensive plan and is synonymous with the area known as the federally created Bunker Hill superfund site.
COMMERCIAL COACH: A manufactured building equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and originally designed to be used either as a temporary dwelling unit or other use without a permanent foundation. A commercial coach is limited to use other than a single-family dwelling.
COMMISSION: The Shoshone County planning and zoning commission appointed by the county board of commissioners.
COMPREHENSIVE PLAN: A plan or any major portion thereof, adopted by the board 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 as provided for in title 67, chapter 65 of the Idaho Code.
CONTIGUOUS: Sharing a mutual boundary line.
COVENANT: A written promise or pledge.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEAD END STREET: See definition of Street Types.
DEPARTMENT: The department authorized by the Shoshone County board of commissioners to administer the planning and zoning regulations for Shoshone County.
DUPLEX: A structure comprised of two (2) dwelling units.
DWELLING UNIT: A building, whose primary design or use is for residential purposes, including single-family, two-family, multi- family structures, but not including hotels, motels, and boarding houses.
EASEMENT: A right of use of a portion of land falling short of ownership, and usually for a certain stated purpose.
ENGINEER: Any person allowed to practice professional engineering in Idaho and registered in accordance with Idaho law.
ENVIRONMENTAL HEALTH CODE (EHC): The health code, as amended from time to time, administered by Panhandle health district 1 in connection with the institutional control program for the Bunker Hill superfund site.
FINANCIAL GUARANTEE: An irrevocable letter of credit, cash deposit, bank account, or surety bond, pledged to secure the performance of an obligation.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPLAIN: A plain bordering a stream or river that is subject to flooding as designated or approved by FEMA.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Floodways are delineated on FEMA maps.
HYDROLOGIC PROTECTION AREAS: The interface of land and a lake, river, stream, or drainageways.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site development.
INFRASTRUCTURE: Support facilities for a subdivision including, but not limited to, water, sewer, road, fire protection, stormwater and utility systems. This term includes both project support facilities, and public system facilities serving the area.
INSTITUTIONAL CONTROL PROGRAM (ICP): The various actions and programs undertaken to decrease human exposure to lead in the Bunker Hill superfund site, and its area of control.
KEY PLAN: A map or drawing showing the location of a tract of land in relation to a larger land area.
LOCATION MAP: A small scale map showing the location of a tract of land in relation to a larger area, such as the whole community or county. Synonymous with key plan.
LOT: See definition of Parcel.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights of way. May include access easements.
LOT FRONTAGE: The portion of a lot that is contiguous with the road used to access the lot.
LOT MEASUREMENTS:
Lot Area: The area encompassed by the boundaries of the lot, including easements and excluding right of way.
Lot Depth: The average distance from the front of the lot to the back of the lot measured perpendicular to the road right of way or access easement.
Lot Width: The average distance from one side of the lot to the other side of the lot measured parallel to the road right of way or access easement.
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 local street.
Through Lot: A lot with frontage on more than one street, not a corner lot. Also known as double frontage lot.
MANUFACTURED HOME: A single-family dwelling structure built since July 1, 1976, that bears the department of housing and urban development certification that it has been constructed in conformance with the mobile home construction and safety standards in effect at time of its construction, is constructed of materials generally acceptable for site built housing and is to be used as a permanent residential dwelling.
MASTER GRADING PLAN: Any plan, map, drawing or other illustration, accurately showing grading plans and proposals, including any lot or neighborhood grading plan.
MASTER PLAN: A plan, comprehensive plan, comprehensive development plan, or any major portion thereof, 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.
MOBILE HOME: A structure which is mass produced in a factory; is designed and constructed for transportation to a site for installation and use when connected to required utilities; is built on a chassis; and is designed for long term residential use by a family, containing kitchen, bath and sleeping facilities. For purposes of these regulations, mobile/manufactured homes shall be divided into the following classes:
A. Class A: A structure built since July 1, 1976, certified as meeting the mobile home and safety standards promulgated by the department of housing and urban development; or the HUD manufactured home construction and safety standards as amended June 29, 1982, and meeting the definition of a manufactured home as established by this title. Class A mobile homes are manufactured homes on permanent foundations.
B. Class B: Mobile/manufactured homes certified as meeting department of housing and urban development mobile home construction and safety standards promulgated in 1976 but not necessarily meeting the definition of a class A mobile home. Class B mobile homes may or may not be placed on permanent foundations.
C. Class C: Mobile homes constructed prior to 1976 which are found upon inspection to be in good condition and suitable for residential occupancy.
D. Class D: Mobile homes found upon inspection to be in poor condition and unsafe and/or unfit for residential occupancy due to conditions or defects which are deemed to endanger the life, health, property or safety of the occupants or of the public. Applicable conditions and/or defects are identified in chapter 3, section 302 of the uniform code for the abatement of dangerous buildings.
MONUMENT: Any permanent stone, iron, concrete or other marker used to permanently establish any tract, parcel, lot or street lines.
MULTIPLE-FAMILY DWELLING: A dwelling comprised of more than two (2) units.
OPEN SPACE: Land with natural, cultural or historic resources of value to the community, including, but not limited to, parks, yards, playgrounds, beaches, waterways, parkways, and pedestrian trails.
PARCEL: A single piece of land with common property lines, as recognized by the Shoshone County assessor, and created in accordance with this title in effect at the time of creation. Taxing district boundaries do not create property lines.
PERFORMANCE BOND: An amount of money, irrevocable letter of credit, surety bond, or other negotiable security paid by the applicant or his surety to the clerk of the district court and recorder which guarantees that the applicant will perform all actions required by an approved plat, and provides that if the applicant 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.
This provision does not prevent the county or any other affected party from pursuing all other rights and remedies afforded to it by law.
PLANNED UNIT DEVELOPMENT (PUD): An integrated design for development of residential, commercial or industrial uses, or combinations of uses, under single ownership or control, in which the standards of the Shoshone County zoning ordinance may be varied. PUDs allow flexibility and creativity in site and building design and location, in accordance with an approved plan, and the goals and policies of the Shoshone County zoning ordinance and comprehensive plan.
PLAT: The map, drawing, or chart of a subdivision of land into lots, blocks, roads, and open space, along with associated conveyances, to be submitted in accordance with this title and to be filed as a public document.
Engineering Plan: The final and formal presentation by drawings or maps of particular engineering features and specifications required in a final plat and filed separately with the final plat, the original of which is submitted to the administrator in accordance with this title.
Final Plat: The final and formal presentation by maps or drawings of an approved subdivision development and associated conveyances, the original and one copy of which is filed with the clerk of the district court and recorder.
Preliminary Plat: The first formal presentation by maps or drawings of a proposed subdivision and associated conveyances as required in this title.
PUBLIC SITE: An area established for the use of the public, or a place where the public has a right to go and be.
RECORD OF SURVEY: Survey of land according to Idaho Code title 55, chapter 19.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way, and sometimes incorporating sidewalks and lawn strips between the sidewalk and street pavement or for use in the provision of other public utilities or services.
SENSITIVE AREAS:
A. Land in, or within three hundred feet (300') of wetlands, streams, or lakes,
B. Areas where the water table is within six feet (6') of ground surface at any time of the year,
C. Areas with slopes greater than or equal to twenty five percent (25%) or that exhibit signs of instability,
D. Habitat for rare, threatened or endangered plants or animals,
E. Areas where the ground surface is within fifty feet (50') of an unconsolidated, sand or gravel aquifer, and
F. Areas of special flood hazard (flood zones).
SEWAGE SYSTEM: A system of piping, treatment devices, receptacles, structures, or areas of land designed, used or dedicated to convey, store, stabilize, neutralize, treat or dispose of wastewater. This definition includes individual sewage disposal systems such as a septic system and drain field.
SIDEWALK: An improved route, off road trail, lanes or walkways designated for pedestrian traffic. Sidewalk shall not be less than four feet (4') wide, four inch (4") thick concrete or other approved material, with a two percent (2%) cross slope for drainage.
SINGLE-FAMILY DWELLING: A structure comprised of one dwelling unit. Includes group home facilities.
STATE: The state of Idaho.
STREET ALIGNMENT:
Horizontal Alignment: The lining up of streets in a plane of horizontal direction.
Vertical Alignment: The lining up of streets in an overhead or vertical direction.
STREET TYPES: As used in these regulations, streets, or street types are as follows:
Alley: A minor street primarily used for service access to properties.
Arterial: A highway or major street mainly for through traffic carrying heavy loads and volumes of traffic in a continuous route.
Collector: A major thoroughfare or street primarily for traffic exchange between local streets and arterials carrying traffic volume and loads.
Cul-De-Sac: A local street of fairly short length with a turnaround at one end, and the other end connecting to either a local or collector street.
Dead End Street: A street temporarily providing access to properties and having only one outlet for traffic, and intended to be continued in the future.
Local: A street mainly providing access to individual properties, often called a "minor street".
Loop: A local street which starts and ends on the same collector or arterial street, generally used for access to properties.
Marginal Access: A local or collector street usually parallel and adjacent to an arterial or major collector street, which provides access to abutting properties and safer control of traffic access to arterials or collectors. Required for properties adjoining major state or federal highways. Also known as "frontage street" or "road".
SUBDIVISION: The result of an act of dividing land into two (2) or more contiguous lots, tracts, or parcels, in accordance with this title.
SUBDIVISION, MINOR: A division of land, so as to create nine (9) or fewer contiguous platted lots, tracts or parcels wherein all of said lots, tracts or parcels shall meet the minimum lot size requirements of the applicable zone or the minimum of two (2) acres whichever is greater, and which shall be pursuant to and meet all requirements of these regulations.
SURETY: A person who engages under a contract of suretyship to answer for the debt, default, or miscarriage of another.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to provide professional surveying.
SWALES: A low area used for the detention or retention of water, and where applicable provide stormwater treatment.
TECHNICAL REVIEW COMMITTEE: A technical review and advisory committee selected by and serving at the pleasure of the administrator consisting of agencies and experts with relevant input to a given application. The technical review committee may include, but is not limited to, representation of engineers, technicians, fire departments, law enforcement, school districts, hospitals, Panhandle health district, and any state or federal agencies, and any other specialist.
TRACT: See definition of Parcel.
VACATED PLAT: A recorded plat which has been removed from the county record under provision of Idaho Code.
VARIANCE 1 : A modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
WATERCOURSE: Any depression two feet (2') or more below the surrounding land level which gives direction to a current of water at any time of the year. (Ord. 139, 12-22-2009)
Notes
| 1 | 1. IC § 67-6516. |