§ 16.04.050. Definitions.

As used in this title:

"Access" means:

1.

The right to enter or leave a tract of land from a public way.

2.

The way, road, street or private road used to approach or leave specific real property.

"Arterial" (roads or streets) means a functional classification of a road or street; usually a major throughway, such as a highway, designed to move traffic at high speed, as designated on functional classification map (See map Appendix A attached to the ordinance codified in this title).

"Block" means part of a plat, a group of lots; an area bounded but not transversed by streets or other physical barriers on all sides.

"Board" means Bannock County board of commissioners.

"Boundary" means a property line, or other line of demarcation such as a zoning district boundary.

"Central sewer" means a sewage and effluent pretreatment facility serving more than one structure, and owned privately or in common by other than a governmental entity.

"Collector road" is a functional classification of a road or street, and usually means a primary road in a subdivision which connects to a larger collector or to an arterial road (See map in Appendix A attached to the ordinance codified in this title).

"Common space" means a lot or portion of a platted subdivision on which development is prohibited or restricted, and ownership is held in common by all the lot owners in the subdivision.

"Community impact analysis "means a study performed to quantify the effect of a planned development or subdivision. Such a study addresses provision of service to the development, taxes generated, resources consumed, output of sewage, dust, traffic and the like.

"Community water system" means a public community culinary water system which serves at least fifteen (15) service connections.

"Comprehensive plan" means a community's official statement of its plans, policies and goals for long-term development, enacted by the governing body. Bannock County's current comprehensive plan was enacted by Ordinance No. 1995-3.

"Concept plan" means the initial proposal presented by a developer to the planning and development council; a general sketch of a proposed development, showing total area, proposed areas for development, transportation routes, other improvements and landscaping. See Chapter 16.16.

"Conditions" means a provision that if a certain event occurs, a reciprocal event may occur.

"Council" means Bannock County planning and development council, appointed by the board of commissioners.

"County" means Bannock County, Idaho.

"Covenant" means a rule or restriction having the power of law, imposed privately, not by government, and pertaining to a particular area of land.

"Cul-de-sac" means an internal subdivision road or street ending in a turnaround.

"Culinary water" means water for human consumption.

"Deed restrictions" means a limitation placed on real property with a deed, as used in this title, usually prohibiting a specific type of development or use, and pertaining to a particular area of land.

"Density" means the number of dwelling units per acre.

"Department" means office of planning and development services.

"Develop" or "development" means to divide land for purposes other than agriculture; to prepare land for division, building or improvements, including grading, fencing for planned residential lots, road building or utility placement; to place structures or utilities, fencing for other than agriculture, or roads. It also includes a change in the use of an existing structure or on land; mining or excavation; a material change in the external appearance of a structure or land; placement of accessory buildings; demolition of a structure; deposit of waste or fill on a parcel of land; alteration of a shore or floodplain of a body of water or riparian area. "Development" does not include maintenance and repair within a right-of-way, external maintenance or improvement of an existing structure, or the use of land for growing plants, crops, trees, and other agricultural or forestry products. See the county zoning ordinance for other regulations on agricultural activities.

"Development permit" means an authorization to develop issued by office of planning and development services, formerly called a zoning certificate or zoning permit, required for all development as defined by this title. It does not include interior modification of existing structure where usage does not change. A development permit considers zoning requirements, plat or deed restrictions and performance standards, among other issues.

"Ditch (irrigation) company" means the owner of a man-made water system. Examples include Fort Hall Irrigation Company and the McCammon Ditch Company.

Divide or Subdivide. See subdivide, subdivision.

"Downey-Swan Lake Highway department" means an independent highway district covering the south portion of Bannock County (See map in Appendix A attached to the ordinance codified in this title).

"Drainage" or "drainage way" means the natural path of surface water flow above ground.

"Drainage system" means a system of drainage ways, ditches, basins, pipes or drains to remove surface water.

"Driveway" means a private roadway for the use of vehicles or pedestrians, connecting a structure or use to a public road. Driveways over one hundred fifty (150) feet in length are fire accesses.

"Dwelling unit" means a building or portion of a building, such as an apartment, designed for occupancy by one household.

"Easement" means a property right short of ownership; permanent or limited right to use the land of another.

"Egress" means the path or opening by means of which one goes out; exit.

"Encumber" means to place a lien, liability or requirement upon a title of ownership.

Engineer, County. "County engineer" means a licensed engineer, who is an employee of the county. In the absence of a county employed engineer, the planning director shall act as enforcement officer of the ordinance and shall oversee engineering services performed by contracted engineers appointed by the board of county commissioners.

"Engineer" means a person licensed by the state of Idaho to practice engineering. In the context of this title, "engineer" means an Idaho licensed civil engineer.

"Environmental protection agency" means an agency of the federal government which was created to assure protection of the environment by abatement and control of pollution.

"Environmental impact assessment" means a written report provided by the applicant which describes potential impacts to natural resource values such as soils, ground or surface water, air quality, wildlife, archaeological significance or other concerns specified by the county engineer, which would result from a planned development.

"Farmland" means land used for farming including crop production, grazing, timbering or other agricultural product, without respect to soils type, zoning district, or jurisdictional boundaries.

Fish and Game Department, Idaho (IF&G). "Idaho Fish and Game Department" means an agency of the state of Idaho charged with protection and management of wildlife in the state of Idaho.

"Health department (district)" means Southeastern Idaho District Health Department.

"Homeowners' association" means an association of homeowners and lot owners having responsibilities for the management and upkeep of common property and improvements in a specific subdivision. Such associations may also be formed to include a specific area or combination of subdivisions.

"Homeowners' association codes, covenants and restrictions" means privately imposed codes, rules and restrictions placed on a subdivision and enforced by the homeowners' association. Such restrictions are not enforced by the county.

"Important agricultural soils (or lands)" means "prime agricultural lands" as defined by NRCS, page 99 of soil survey issued September, 1987, plus those soils in Table 5 of the same survey which produce above the median for each category. See Appendix B attached to the ordinance codified in this title.

"Important wildlife habitat" as determined by Idaho Fish and Game means habitat changes with development, agricultural activities and other land use changes; therefore, important wildlife habitat is relative and changes over time. Table 11 of the soils survey (see Appendix B attached to the ordinance codified in this title) evaluates the potential of soils for habitat and will also be considered by staff and council.

"Improvements" means any structure, road, utility, or man-made modification to land for development.

"Ingress" means the right or permission to enter; a means or place of entering.

Land Divisions. See "subdivision."

"Landscaping" means to alter the natural grade of land; to alter the appearance of land by planting or by placing non-plant materials such as rock, structures, water, cement or wood.

"Legal description" means a surveyor's identification of property adequate for transferring title. A subdivision which has been platted results in parcels which are called lots, and which are legally described by lot number, block number and name of the subdivision. Land not included in a plat is described by metes and bounds which gives measurements relative to survey lines of sections, townships and ranges. A third type of legal description is a government lot, those pieces of land which were not included in original surveyed sections. Another type of legal description is by aliquot parts; that is, a division by halves or fourths of a section of land such as "West Half of the NW quarter of the NW quarter of Section 3, Township 9 South Range 37 East."

"Licensed surveyor" means a surveyor licensed by the state of Idaho to practice land surveying.

"Licensed engineer" means an engineer licensed by the state of Idaho to practice engineering. In the context of this title, it shall mean civil engineering.

"Life estate" means a grant or reservation of the right of use, occupancy and ownership for the life of an individual, or other as decreed by agreement or court.

"Local street or road" means a roadway used primarily as land access, connecting driveway access to collector or arterial roads. Local roads may be designed for slower traffic, short travel distances and low traffic volumes. Local roads are designed to discourage through traffic. See example in Appendix A attached to the ordinance codified in this title.

Lot. See "plat."

"Lot of record" means a lot or parcel described by metes and bounds, the description of which has been so recorded or notarized to complete a contract of sale prior to April 1, 2015. Does not include a subdivided lot, for purposes of further subdivision.

"Master plan" means the concept plan or sketch for a subdivision of two or more phases.

"Minor land division" means a division of a lot of record into four lots or less.

"Natural Resource Conservation Service" was formerly known as Soil Conservation Service.

"North arrow" or "north point" means a symbol on a map indicating true north.

"NRCS" means Natural Resource Conservation Service.

"Occupancy permit" means permission to occupy or use a structure, or to begin a new use, issued by county building official.

"Open space" means land restricted from development. See Section 16.28.010.

"Parcel" means an area of land described as a unit by the county assessor's office.

"Phase" means to develop a subdivision in several individual plats, each of which is recorded as a separate plat. A plat developed in phases is governed by its master plan and improvements are made prior to the recording of each phase by plat.

"Planning and development council" means Bannock County's planning and zoning, citizen planning body, which is appointed by the board to make land use decisions and recommendations.

Plat. See "subdivision plat."

"Record of survey" means a survey made in conformance with Idaho Code Title 55 by a licensed surveyor or engineer, and recorded in the office of the county clerk and recorder.

"Riparian area" means all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds and lakes and their margins.

"Riparian corridor" means a riparian area serving as a movement route for fish and wildlife species.

"Reverse frontage" means the requirement for a lot, one side of which abuts a collector or arterial road, to front on the interior subdivision road.

Sketch Plan. See "concept plan."

"Staff" means county engineer and planner.

"Subdivide" or "subdivision" means:

1.

The division of land into parcels less than, or configured differently from, a quarter-quarter section of land, for purposes of development other than agriculture; or

2.

To make one parcel into two or more separate parcels by survey, deed or other transference.

"Subdivision plat" means a map prepared to comply with Idaho Code Chapter 13, Title 50 representing land divided into lots. A plat shows roads, streets and improvements required to record the plat and sell lots. Lots in a plat are described by lot and block number, along with the subdivision's (plat) name.

"Tract (of land)" means an area of land which can be described or referred to as one unit; may contain more than one parcel or ownerships.

"Vacation of plat" means to remove lot lines, rights-of-way or other elements of a plat.

"Wetland" as defined by U.S. Army Corps of Engineers means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

"Wildlife" means any form of animal life living in a natural state and under the authority of Idaho Fish and Game or U.S. Fish and Wildlife Service.

"Zoning district" means land delineated on the zoning map, Appendix A of the zoning ordinance, in which requirements for the use of land and building and development standards are prescribed by the zoning ordinance of Bannock County and the Bannock County subdivision ordinance.

Zoning Certificate. See "development permit."

(Ord. 1997-4 § 200)

(Ord. No. 2005-5, 8-19-05; Ord. No. 2015-6 , § 1, 11-25-15)