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TITLE 8 SUBDIVISION REGULATIONS

CHAPTER 1 DEFINITIONS

SECTION 8-1-1

   
  ACCESSORY STRUCTURE: A subordinate structure detached from the main building but located on the same lot. The use of the accessory structure is incidental to that of the main building.
   
  ACCESSORY USE: A use incidental to and on the same parcel as a main use.
   
  BED AND BREAKFAST IN: An owner-occupied dwelling that contains no more than five (5) guest rooms where lodging, with or without meals, is provided on a daily rate basis.
   
  BUFFER AREA: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
   
  CONDITIONAL USE PERMIT: A special use permit as provided by Section 67.6512, Idaho Code, in which a use that, owing to some special characteristics such as traffic or noise generation, parking needs, access, building size, lighting, or other characteristics of operation, is permitted in a district subject to approval by the Planning Commission or the Council, depending upon the particular use.
   
  CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, fuel, and other goods commonly associated with the same and usually having a gross square floor area of less than 5,000 square feet.
   
  DAY CARE  CENTER: A building or structure where care, protection, and supervision are provided on a regular schedule to more than twelve (12) children.
  FAMILY CHILD CARE HOME: A private residence where care, protection, and supervision are provided, for a fee, to no more than twelve (12) children at one time.
              GROUP CHILD  CARE CENTER: A facility where care, protection, and supervision are provided for a fee to no more than twelve (12) children.
   
  DENSITY: The number of dwellings per net acre, i.e. excluding the land dedicated to streets and the public.
   
  DWELLING: One or more rooms physically arranged as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and eating.
   
  DWELLING, TWO FAMILY: A detached residential building containing two dwellings.
   
  DWELLING, MULTIFAMILY: A detached residential building containing three or more dwellings, including what is commonly known as apartments. A rowhouse is also a multifamily dwelling.
   
  FLOOD PLAIN: Any land area susceptible to being inundated by water from any source as defined by the Flood Insurance Rate Map (FIRM) established for Jefferson County and Menan by the Federal Emergency Management Agency.
   
  FRONTAGE: The length of any one property line which abuts a legally accessible street right-of-way.
   
  GRADE: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line.
   
  HEIGHT: The average vertical distance from the grade to the top of the building wall.
   
  HOME OCCUPATION: An accessory use of a dwelling unit or the accessory building for gainful employment which is clearly incidental and subordinate to the use of the dwelling unit as a residence.
   
  LOT AREA: The total horizontal area within the lot lines of a lot or parcel.
   
  LOT, CORNER: A lot abutting on and at the intersection of two (2) or more streets.
   
  LOT, FLAG: A lot with a panhandle which serves as an access corridor to the street.
   
  LOT, INTERIOR: An interior lot is a lot other than a corner lot.
   
  LOT OF RECORD: A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Jefferson County, Idaho, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in the office of the Recorder, provided such lot was of a size that met the minimum requirements for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.
   
  LOT, SUBSTANDARD: A lot or parcel of land that has less than the minimum area as established by the district in which it is located. Such lot shall have been of record as legally created lot on the effective date of this Ordinance.
   
  LOT, THROUGH: A lot that has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
   
  MAIN BUILDING: A structure in which the primary or principal use of the lot is conducted, e.g., a home on a residential lot.
   
  MAIN USE: The primary or predominant use to which the property is devoted and to which all other uses are accessory.
   
  MANUFACTURED HOME: A single family unit fabricated in one or more sections at a location other than the home site by assembly line or similar production techniques or by other construction methods typical of off-site manufacturing process. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards, June 15, 1976 (42 U.S.C. Sec. 5401). A manufactured home may be designed to be towed on its own chassis or be delivered to the site by other means.
   
  MOBILE HOME  PARK: A parcel of land under single ownership that has been planned and improved for the rental placement of two (2) or more manufactured or mobile homes for dwelling purposes.
   
  MOBILE HOME: A transportable, factory-built home designed to be used as a year-round residential dwelling unit and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
   
  NONCONFORMING BUILDING: Any building which does not meet the limitations on location on a lot for the district in which the building is located and was built prior to the effective date of this Ordinance.
   
  NONCONFORMING LOT: An existing lot which fails to meet the area requirements of the district in which it is located and which was conforming prior to the effective date of this Ordinance.
   
  NONCONFORMING USE: A use not conforming to the provisions of this Ordinance but which was lawfully existing at the time of the adoption of this Ordinance.
   
  OVERLAY ZONE: A set of zoning requirements that is imposed in addition to those of the underlying district. Developments within the overlay zone, e.g., floodplain district, must conform to the requirements of both zones or the more restrictive of the two. 
  PARCEL: A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons. 
  PARKING SPACE: An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one (1) motor vehicle.
   
  PLAT: A map or representation of a subdivision, including a re-plat, showing the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions or dedications.
   
  SETBACK: The minimum horizontal distance between a property line of a lot and the foundation or wall of the building excluding uncovered steps. Uncovered steps or a deck may not extend into the front setback more than one-third of the required setback.
   
  STREET: A public thoroughfare used for the passage of motor vehicles. The street is the area dedicated to the public between two (2) property lines.
  LOCAL STREET: A street which has the primary purpose of providing access to abutting properties.
  COLLECTOR STREET: A street which has the primary function of carrying traffic from local streets to other collector streets and/or arterial streets.
  ARTERIAL STREET: A street which carries traffic through the city or from collectors to other regions of the County.
   
  SUBDIVISION: The division of an original lot, tract, or parcel of land into three (3) or more parts for the purpose of sale or transfer of ownership. The provisions of this Ordinance shall not apply to:
  A. The division of land for cemetery plots,
  B. An adjustment of lot lines as shown on a recorded plat which does not reduce the area or building setback lines of each site below the minimum zoning requirements and does not change the original number of lots in any block of the recorded plat,
  C. An allocation on land in the settlement of an estate of a decedent or a court decree for the distribution of property,
  D. The unwilling sale of land as a result of legal condemnation as defined by Idaho Code,
  E. Widening of existing streets,
  F. The acquisition of a street right-of-way by a public agency, and
  G. The exchange of land for the purpose of straightening property boundaries which does not result in change of the present land use.
   
  VARIANCE: A modification of the requirements of this Ordinance for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking spaces, building height, or other provisions affecting the size or shape of a structure, the placement of the structure upon lots, or the size of the lot. A variance under Idaho Code Section 67-6516 does not include a change of use.
   
  YARD: Any space unobstructed and unoccupied from the ground to the sky on a lot. The minimum depth or width of a yard shall consist of the horizontal distance between the property line and the wall or foundation of the building.