2. DEFINITIONS: To the extent possible, specific words and phrases as defined in this section will prevail in the interpretation of meaning and intent where used throughout this ordinance. Where words or phrases have connotations specific to a section, those words will be defined as part of that title or section.

2.1. Accessory Dwelling Unit: See 2.62. Structure.

2.2. Accessory Structure: See 2.62. Structure.

2.3. Addressable: A structure requiring assignment of a physical address pursuant to the Boundary County Addressing Ordinance.

2.4. Agriculture: The commercial cultivation of land, raising crops, and/or the feeding, breeding and raising of livestock for the production of food, feed and fiber. Agricultural accessory structures are those built specifically to accommodate agriculture.

2.5. Aliquot Parcel: See 2.42. Parcel.

2.6. Cause, Disapprove for: findings established for denial of an application. These findings may be due to but are not limited to:

failure to meet permit application requirements (this application)

prior failure to meet terms and conditions for any permit

2.7. Classes of Parcel Division: See 2.42. Parcel.

2.8. Commercial: A use, activity, structure or group of structures on a single parcel or lot intended primarily to provide a location to attract clients or customers for the conduct of wholesale or retail trade or the provision of services. This definition incorporates the manufacture and/or storage of products or goods which is subordinate to the offering of services or goods. Commercial uses can be characterized as but are not limited to:

  1. stores, shops,

  2. day care, elderly care,

  3. sporting events,

  4. concerts, theatrical performances,

  5. botanical gardens, tree farms,

  6. professional offices, restaurants, malls, etc.

2.9. Conditions, Covenants and Restrictions: Also referred to as CCRs. Civilly binding standards established by the seller of real property which attach to ownership following sale of the property and which regulate uses allowed or set specific standards of performance.

2.20. Conditions of Family Transfer Privilege: See 2.64. Transfer, and Section 20.9.

2.11. Construction: See 2.15. Development.

2.12. Dedication: The giving of land by a private person or entity to the government.

2.13. Developer: Any person or group of people seeking to establish a use requiring a county permit as established by this ordinance, or seeking to subdivide land for any purpose other than agriculture or silviculture.

2.14. Density: The smallest parcel size allowable within a zone district.

2.15. Development: Any human-caused change to improved or unimproved real property including, but not limited to; subdivision, construction or placement of structures, dredging, filling, grading, paving and excavation. Development can be further categorized as:

2.15.1. Construction: The building, placement or erection of a structure on the surface of the land.

2.15.2. Ground Disturbance: The movement of one acre or more of the earth’s surface, to include road construction, dredging, filling, excavation or grading, that is not to be accompanied by construction.

2.16. Division: See 2.42. Parcel.

2.17. Driveway: A vehicular access from a public or private road to one primary structure or to a single lot or parcel, intended solely for the occupants, guests, purveyors, clients or customers of that structure, lot or parcel.

2.18. Duplex Residential: See 2.55. Residential.

2.19. Easement: The granting of a right for others to use portions of a privately owned lot or parcel for a specific purpose, entered into by civil agreement. Common easements include granting the right to another to travel over private property, known as an access easement, and easements granting placement of water, electrical, sewer, phone or other lines, known as utility easements. The owner of property that is subject to easement is said to be “burdened” with the easement, as they may not interfere with the use for which the easement was granted.

2.20. Elderly Care/Boarding House: The provision of full or part time residential care, for compensation, for seven or more children or adults not related to the property owner or tenant.

2.21. Ex-Parte Communication: A violation of the right of due process by means of direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter.

2.22. Family: A group of people related by blood, marriage, adoption, guardianship or other custodial relationship.

2.23. Feedlot: For the purpose of this ordinance, a feedlot shall be a confined animal feeding operation as defined at 67-6529C, Idaho Code.

2.24. Final Plat: See 2.46. Plat.

2.25. Findings: A written analysis weighing objective and subjective testimony and data so as to analyze, explain and justify a decision. Previously approved findings establish precedent in the interpretation of this ordinance, and may be cited in succeeding applications or situations where similarities exist.

2.26. General Welfare: Concerned with, applicable to or affecting the whole or every member of a class or category. The purpose of land use regulation is to protect the public health, safety and welfare. For a zoning resolution or decision to be lawful, it must secure a public purpose, be reasonable, not be confiscatory and be consistent.

2.27. Ground: See 2.15. Development.

2.28. Home Business: A use intended for fiscal gain and which requires for its operation a state business name and tax identification number and which is conducted entirely within the business owner or tenant’s primary residence or in residential accessory structure(s), and which has no outside storage of materials, supplies or wares.

2.29. Industrial: A use, structure or group of structures on a single parcel or lot intended primarily for the manufacture, assembly, production, warehousing and/or storage of a product or component, or the production, refinement, processing and/or packaging of a natural resource or raw material. See also 2.32. Light Industrial.

2.30. Instrument of Conveyance: A legal instrument short of final plat, recorded with the Clerk of Boundary County, by which a legally described parcel of land within Boundary County is transferred from one party to another. Records of survey define portions of land, but are not sufficient to convey ownership or create a separately taxable lot or parcel, thus are not an instrument of conveyance.

2.31. Junk Yard: A “junkyard” is the use of any lot, parcel or tract of land for the outdoor storage or abandonment of refuse; or for the storage, impoundment, dismantling, demolition, salvage or abandonment of more than three (3) derelict automobiles, other vehicles or parts thereof. A derelict vehicle is any vehicle that is clearly inoperable and unable to move under its own power; or which is partially or totally dismantled or damaged so as to render the vehicle unsafe or illegal to operate on public roads or rights of way. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a farming, ranching or agricultural operation, nor impoundment lots established by the Boundary County Sheriff or Prosecutor as necessary for law enforcement.

2.31.1. Junk Yard, Commercial: A junk yard for the purpose of commercial gain and for which an Idaho tax identification number is required.

2.31.2. Junk Yard, Non-Commercial: A junkyard for purposes other than commercial gain and for which no Idaho tax identification number is required.

2.32. Light Industrial: An industrial use conducted in such a manner that little dust, noise, vibration or other emission is apparent beyond the property lines of the lot or parcel.

2.33. Line Adjustment: The adjustment of one or more lot lines

2.33.1. Lot Line Adjustment: The adjustment of one or more lot lines defined in a recorded final plat in such a manner that no new lots are created.

2.33.2. Parcel Line Adjustment: The adjustment of one or more lines defining two or more parcels in such a way that no new parcels are created. Parcel line adjustments may abate a non-conforming parcel, reduce the non-conformity of a parcel of record or balance the non-conformity between adjoining parcels of record, but shall not increase a non-conformity.

2.34. Long Plat: See 2.46. Plat.

2.35. Lot: A portion of land defined and created by an approved final plat recorded in Boundary County. For the purpose of this ordinance, all lots shall be deemed to conform with the provisions of this ordinance, subject to the availability of services and setback requirements established within the zone district.

2.36. Metes and Bounds Description: A method of legally identifying and defining a parcel for the purpose of conveyance, using physical features or directions and distances from a single point of beginning and end. Metes and bounds descriptions may be subject to interpretation and altered by tradition or use.

2.37. Minimum Parcel Size: See 2.42. Parcel.

2.38. Multi-Family Residential: See 2.55. Residential.

2.39. Multi-Structure Residential: See 2.55. Residential.

2.40. Nominal Parcel: See 2.42.4. Parcel, Nominal.

2.41. Non-Conforming: See 2.42.5. Parcel, Non-Conforming.

2.42. Parcel: A portion of un-platted land legally described by aliquot description, record of survey or metes and bounds description and conveyed by instrument of conveyance.

2.42.1. Aliquot Parcel: A parcel defined as a fractional part of a section.

2.42.2. Division: A parcel may be divided. See Section 20.4. PARCEL DIVISION for extensive definitions: See 20.4. Classes of Parcel Division See 20.4.1. Parcel Line Adjustment See 20.4.2. Simple Parcel Division See 20.4.3. Primitive Parcel Division See 20.8. Final Record of Survey, Parcel Division See 20.9. Terminating an Application See 20.10. Penalties

2.42.3. Minimum Parcel Size: The minimum size of a lot or parcel established within each zone district for the establishment of a use requiring issuance of a permit by this ordinance.

2.42.4. Nominal Parcel: An aliquot parcel equal to the minimum parcel size within a zone district, regardless of the actual acreage of the parcel.

2.42.5. Non-Conforming Parcel: A parcel created and conveyed which is not in conformance with the provisions established herein, or that was created prior to the adoption of this ordinance in a manner not conforming to subdivision provisions in effect at the time of partition. No development permit required by this ordinance can be issued to allow development on a non-conforming parcel.

2.42.6. Parcel of Record: A parcel created by instrument of conveyance prior to the adoption of this ordinance in a manner conforming to ordinance provisions in effect at the time of the partition, but which do not meet the requirements established herein, or a parcel created by variance. A parcel of record enjoys the privileges of a parcel conforming to the provisions of the zone district in which it lies, subject to the availability of services and setback requirements.

2.43. Parcel Line Adjustment: See 2.33.2. Line Adjustment, Parcel Line Adjustment.

2.44. Parcel Line Adjustment: See 20.5. Parcel Division, Parcel Line Adjustment

2.45. Parcel of Record: See 2.42.6. Parcel

2.46. Plat: A map, drawn to scale by a licensed surveyor, showing how a portion of land is to be divided, in blocks and lots, and showing streets, alleys and easements, common areas, dedications and other attributes pursuant to the requirements of this ordinance and Title 50, Chapter 13, Idaho Code, established on the ground by the placement of legal markers. Plats may be used to create a subdivision, amend an existing plat, or vacate all or part of an existing plat where no lots have been sold and no construction of buildings or public improvements have taken place.

2.46.1. Final Plat: A legal document meeting the criteria established by this ordinance and Title 50, Chapter 13, Idaho Code, bearing the requisite signatures sufficient for recording with the county clerk and to convey lots. A final plat will not be altered or amended without the recording of an amending, consolidating or vacating plat.

2.46.2. Long Plat: A subdivision platting process used for the establishment of clustered subdivisions, commercial/industrial subdivisions, mixed use subdivisions, and urban subdivisions, wherein an application is presented to the Planning and Zoning Commission for public hearing and recommendation, and a second public hearing is held before County Commissioners for a final decision.

2.46.3. Preliminary Plat: A scale drawing or sketch prepared by a licensed surveyor sufficient to convey the scope and intent of a proposed final plat.

2.46.4, Short Plat: A subdivision platting process used for lot line adjustment or the establishment of primitive or rural subdivision wherein an application is presented to County Commissioners for public hearing and final decision.

2.47. Preliminary Plat: See 2.46.3. Plat

2.48. Primitive Parcel Division: See 2.42. Parcel.

2.49. Primary Structure: See 2.62. Structure.

2.50. Private Recreational: See 2.54. Recreational.

2.51. Public Nuisance: A public nuisance will be deemed to exist when the use of land or structure(s) thereon prove injurious to the health, indecent or offensive to the senses or causing obstruction to the free use of adjoining properties so as to interfere with the reasonable expectations of use by other property owners in the area; or any use or structure which unlawfully obstructs the free passage or use of any navigable lake, river, stream, canal or basin, any public place or a legally established easement.

2.52. Public Service Facility: Uses or structures established on private property designed for the provision of services or utilities necessary to the general welfare, to include but not limited to fire and ambulance stations, electrical, telephone, gas or septic facilities or substations.

2.53. Record of Survey: A map, drawn to scale by a licensed surveyor using the position of accurately described points on the ground to establish the boundaries of a parcel, easements or other definable features.

2.54. Recreational: A use, structure or group of structures on a single parcel or lot intended primarily for seasonal or transient recreation as follows:

2.54.1. Private Recreational: A recreational use developed for the private enjoyment of an individual property owner and invited guests. Private recreational use may include but is not limited to; vacation, lake, river, hunting or ski cabins, recreational vehicle pads, and improved campsites.

2.54.2. Recreational Hospitality: Commercial uses established specifically to afford the general public access, accommodations and/or services by which the public may enjoy recreational opportunities on private land. Hospitality uses may include but are not limited to RV parks, motels, hotels or lodges, bed and breakfast establishments and inns.

2.54.3. Recreational Commercial: Recreational uses established to provide general public access to privately owned land upon which specific outdoor recreational activities or sports are to be offered commercially, to include but not limited to hunting and fishing lodges or shops, motorized off-road areas for snowmobiles, motorcycles, ATVs or other recreational vehicles, ski resorts or lodges, and hang gliding, parachuting or other aerial sport facilities.

2.55. Residential: A primary structure or structures on a single lot or parcel designed for habitation and occupancy by an individual or family to include, at minimum, sleeping quarters, lavatory and kitchen facilities, as well as accessory structures incidental to residential use, such as a garage, shed, barn, noncommercial workshop or accessory dwelling unit, as follows:

2.55.1. Single Family Residential: One primary residential structure designed for occupation by one individual or family.

2.55.2. Duplex Residential: A single primary residential structure consisting of two residential units.

2.55.3. Multi-Family Residential: A single primary residential structure consisting of three or more residential units.

2.55.4. Multi-Structure Residential: More than one primary residential structure, whether single family, duplex or multi-family, on a single parcel or lot.

2.56. Restricted Lot or Parcel: A parcel or lot established for a specific purpose clearly defined by instrument of conveyance or established by CCRs upon which only uses not regulated by Boundary County within that zone district may be established. Restricted lots or parcels may be established through clustered development or by transfer of development rights, or for use as privately owned utility and access easements, public service facilities, parks or greenbelts, or common areas set aside from development.

2.57. Setback: Distance prescribed by zone limiting placement of any structure away from any parcel line or public road easement/rights of way.

2.58. Silviculture: The process of commercially producing, growing, harvesting and marketing, through the cultivation and management of land, trees and other forest resources, to include but not be limited to timber and nursery stock. Silvicultural structures are structures established specifically to facilitate silviculture.

2.59. Single Family Residential: See 2.55. Residential.

2.60. Short Plat: See Plat.

2.61. Simple Parcel Division: See Parcel.

2.62. Structure:

2.62.1. Accessory Dwelling Unit: Not more than one detached structure, intended for human occupation, on a single parcel or lot where a primary residence exists or is to be built, not to exceed 1050 square feet of living space (external dimensions); or the living quarters of a business owner or caretaker on a commercial or industrial parcel or lot.

2.62.2. Accessory Structure: A detached structure, not intended for human occupation, on a single parcel or lot, which complements and is subordinate to the primary structure.

2.62.3. Primary Structure: An addressable structure establishing and defining the highest use of a lot or parcel, such as agricultural, residential, commercial or industrial. There can be more than one primary structure on a parcel or lot, and each may be supported by accessory structures, though each must be established by issuance of the appropriate county permit.

2.63. Subdivision: The division of an existing parcel into two or more lots for the purpose of sale or development, either immediate or future. See also Section 11. Subdivisions for extensive definitions; see Section 20. Parcel Divisions.

2.63.1 Applicability: Procedures for partitioning of any lot or parcel

2.63.2. Exemptions

2.63.3. Classes of Subdivisions Cluster Development: The establishment of a platted subdivision, primarily for residential or commercial development, in which lots to be developed are grouped together and lot(s) on which development is restricted are set aside for agriculture, silviculture, recreation, open space or to protect hazardous or sensitive areas. Commercial/Industrial Development Mixed Use Development Primitive Development Rural Development Urban Development

2.63.4. Applications for platted subdivisions

2.63.5. Preliminary plat requirements

2.63.6. Administration

2.63.7. Final plat requirements

2.63.8. Penalties for violation

2.64. Transfer: Repealed – 7/20/2017

2.65. Zone: An area (District) defined by use, such definitions categorized by Class.

2.65.1. See Section 15. Zone District Specifications for Use and Class distinction.

2.65.2. Zone Map: county map depicting Use zones, said zones encompassing the lands of multiple property owners and which comprise multiple definable regions. The current map is available in the Planning & Zoning Administrator's office, and also available online at http://www2.boundarycountyid.org/planning/2012-1zoneord/ZoneOrdMap14_newparcels.pdf (Zoning Map).