8-1A-1: DEFINITIONS:

The following terms shall have the following meanings in the interpretation and construction of this title:

ABANDONED: To cease or discontinue a use of activity for twelve (12) months unless an active building permit has been issued.

ABUT OR ABUTTING: Having a common border with the subject property.

ACCESSORY STRUCTURE: A detached structure in a rural or residential base district that is incidental and subordinate to the principal structure and is located upon the same property. (Hallways, tunnels, breezeways, porticos, and similar connections shall not constitute an attachment to the principal permitted dwelling.) The term accessory structure shall include, but not be limited to, the following: private garage, storage structure, workshop, greenhouse, and/or a structure that houses a detached secondary dwelling. The term shall not include additional structures for approved public, commercial, or industrial uses.

ACCESSORY USE: A use that is incidental and subordinate to the principal or approved conditional use, and is conducted upon the same property. For the purposes of this title, temporary uses specified in chapter 4, article L of this title shall be deemed accessory uses.

ADULT BOOTH: A separate enclosure within a structure featuring adult entertainment or adult material. The term adult booth does not include a restroom or a foyer through which any person can enter or exit the establishment.

ADULT CABARET: An establishment that features adult entertainment.

ADULT ENTERTAINMENT: Any modeling, posing, exhibition, display, or exposure, of any type, whether through book, pictures, film, displays, live performance, dance, or modeling, that has as its dominant theme, or is distinguished or characterized by an emphasis on any one or more of the following: a) any actual or simulated specified sexual activities, b) specified anatomical areas, c) the removal of articles of clothing, or d) appearing nude or seminude.

ADULT ENTERTAINMENT ESTABLISHMENT: An adult video or bookstore, adult cabaret, adult booth, adult modeling or display establishment, adult motel, or adult theater.

ADULT MATERIAL: One or more of the following materials that have as their primary or dominant theme matter depicting, illustrating, describing or relating to adult entertainment, regardless of whether it is new or used: a) books, magazines, periodicals or other printed matter; b) photographs, films, motion pictures, videocassettes, slides, or other visual representations; c) recordings or other audio matter. The term adult material shall also include instruments, novelties, devices or paraphernalia that are designed for use in connection with adult entertainment.

ADULT MODELING OR DISPLAY ESTABLISHMENT: Any establishment whose employees engage in adult entertainment or adult private modeling.

ADULT MOTEL: Any motel, hotel, boarding house, rooming house, or other place of temporary lodging that includes the word "adult" or "erotic" in any name it uses, or otherwise provides or advertises adult entertainment or adult material.

ADULT PRIVATE MODELING: Modeling, posing, exhibition, display, or exposure by an employee relating to adult entertainment before a nonemployee while the nonemployee is in an area not accessible to all other persons in the establishment, or while the nonemployee is in an area either totally or partially screened or partitioned during such display from the view of all persons outside the area. The term "private performance" is considered private modeling.

ADULT RESPITE CARE CENTER: A facility or home providing care and supervision for compensation for part of a day for nine (9) or more adult clients not related by blood or marriage to the person(s) providing the care, in a place other than the client's home.

ADULT THEATER: An establishment consisting of an enclosed structure, or a portion or part of an enclosed structure, or an open air area where a person may view adult material or adult entertainment. Generally, the adult material or adult entertainment is prerecorded material.

ADULT VIDEO OR BOOK STORE: An establishment that sells or rents adult material; however, any establishment meeting all the following criteria shall not be considered an adult video or book store:

   A.   The adult material is accessible only by employees.

   B.   The individual items of adult material offered for sale and/or rental comprise less than ten percent (10%) of the individual items publicly displayed at the establishment as stock in trade in the following categories: videos, books, magazines, periodicals, other printed matter, slides, other visual representations, recordings, and other audio matter.

   C.   The establishment does not use the following terms in advertisements or other promotional activities relating to the adult materials: "XXX", "XX", "X", or any series of the letter "X" whether or not interspersed with other letters, figures, or characters; "erotic" or deviations of that word; "adult entertainment" or similar phrases; "sex" or "sexual acts" or similar phrases; "nude" or "nudies" or similar phrases; or any other letters, words, or phrases that promote the purchase or rental of adult material.

AGRICULTURAL LAND, PRIME: Land that contains class I, II, or III agricultural soils as defined by the natural resources conservation service.

AGRICULTURAL PRODUCE STAND: An establishment for the display and sale to the general public of "produce" as defined in this section, which produce has been grown on the premises on a seasonal basis. No other commodities may be sold.

AGRICULTURAL SERVICE: An activity that provides support for agriculture and forestry as classified by the U.S. census bureau "North American Industrial Classification System." The term shall include agricultural service composting. The use must serve a rural district with agricultural use as herein defined.

AGRICULTURAL STRUCTURE: A structure on a "farm", as herein defined, excluding any dwelling or any structure that shelters any personal items not directly needed for agricultural uses.

AGRICULTURE AND AGRICULTURAL USE: Activities that take place on a "farm," as herein defined, that are classified by the Ada County assessor's office tax categories of 010, 020, 030, 040, and/or 050. The application of fertilizer or process wastewater at agronomic rates shall be deemed a component of the agricultural use.

AGRONOMIC RATE: The application of fertilizer or other crop supplements: a) at rates whereby the nutrients are fully taken up by the crop or stored in the soil, and b) in a manner that does not negatively impact the waters of the state.

AIRCRAFT LANDING FIELD: A privately owned area of land that is used or intended for the landing and takeoff of aircraft, including the necessary accessory structures or facilities for storing and maintenance of aircraft.

AIRPORT: A publicly owned area of land that is used or intended for the landing and takeoff of aircraft, including the necessary accessory structures or facilities for storing and maintenance of aircraft.

AIRPORT INFLUENCE AREAS: The areas surrounding the Boise air terminal that are affected by significant aircraft noise and safety hazards, as set forth in chapter 3, article A of this title.

ALIQUOT: The length of one side of a quarter-quarter section (1/16). The one-sixteenth (1/16) section contains forty (40) acres, more or less.

ALLEY: See definition of Street: Street, Alley.

ALTERNATIVE FUEL: A fuel that is used primarily to power combustion engines that includes, but is not limited to, biodiesel, electricity, ethanol, hydrogen, methanol, natural gas and propane.

AMATEUR RADIO ANTENNA: The supporting towers and antenna structure necessary for broadcast from a radio communication service for the purpose of self-training, intercommunication, and technical investigation carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without commercial interest.

AMERICANS WITH DISABILITIES ACT: The Americans with disabilities act part III (appendix A to part 36), as published in the federal register volume 56 no. 144 (and subsequent editions) and the Americans with disabilities act part II, as published in the federal register volume 56 no. 173.

AMUSEMENT OR RECREATION FACILITY: An establishment engaged in providing amusement, recreation, or entertainment. Indoor amusement or recreation facility shall include, but not be limited to, pool hall, billiard parlor, theater, health club, spa, fitness facility, nightclub, or skating rink. Outdoor amusement or recreation facility shall include, but not be limited to, amusement park, miniature golf, golf driving range (that is not accessory to a golf course), drive-in theater, tennis court, football, soccer, rugby, or hockey field, skatepark, or swimming pool.

ANIMAL CLINIC, ANIMAL HOSPITAL OR VETERINARY OFFICE: Any structure, or portion thereof, that is designed or used for the medical or surgical treatment of animals in which veterinary services, including boarding incidental to treatment, are limited to short term care.

ANIMAL FEEDING OPERATION (AFO): A "livestock confinement facility", as herein defined, with more than three hundred (300) animal units, and where the animal confinement areas do not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season as generally described in 40 CFR (code of federal regulations) 122.23(b)(1).

Two (2) or more abutting AFOs under common ownership shall be considered a single AFO. Two (2) or more AFOs that are operated as a single facility shall be considered a single AFO if it is determined by the director that they significantly link operations including, but not limited to, shared storage or treatment systems or shared equipment.

ANIMAL UNIT: A unit of measurement for livestock confinement facilities calculated by adding the following numbers: the combined weight of all dairy cattle divided by one thousand three hundred fifty (1,350); plus the combined weight of all other cattle divided by one thousand four hundred (1,400); plus the combined weight of all swine divided by six hundred (600); plus the combined weight of all sheep divided by one thousand two hundred fifty (1,250); plus the combined weight of all goats divided by one thousand (1,000); plus the combined weight of all horses divided by one thousand five hundred (1,500); plus the combined weight of all chickens divided by three hundred fifty (350); plus the combined weight of all turkeys divided by five hundred (500); plus the combined weight of all ducks divided by two hundred (200). Where an AU is not specifically defined in this title for an animal, an appropriate AU shall be determined by the director with advice from the Idaho department of agriculture.

ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any structure.

APARTMENT: A room or suite of rooms in a multi-family development for sale, rent, lease, let, or hire to be used as a single dwelling.

APPROVED USE: As used in this article shall include, but not be limited to: a principal permitted use with master site plan approval, an approved conditional use, or an approved planned unit development. For the purposes of this title, a previously approved special exception, planned development (excluding final plat), conditional use, or traffic and development plan shall be deemed an approved use.

AREA OF CITY IMPACT: Those unincorporated areas of Ada County surrounding each incorporated city as identified in title 9 of this code, in accord with Idaho Code section 67-6526.

ARTERIAL: See definition of Street, Arterial.

ARTERIAL, MINOR: A street designated as a minor arterial on the most recent Ada County long range highway and street map adopted by the community planning association of southwest Idaho.

ARTERIAL, PRINCIPAL: A street designated as a principal arterial on the most recent Ada County long range highway and street map adopted by the community planning association of southwest Idaho.

ATTACHED SECONDARY DWELLING: See definition of Dwelling, Secondary Attached.

AUCTION ESTABLISHMENT: Premises on which merchandise is stored on a temporary basis to be sold through an on-site auction.

AUTOMOBILE, MAJOR REPAIR: Any or all of the following activities: a) engine rebuilding; b) major reconditioning of worn or damaged motor vehicles; c) collision service, including body, frame, or fender straightening or repair; and d) overall painting of vehicles within an enclosed structure.

AUTOMOBILE WRECKING YARD: Any area, lot, land, or parcel where more than two (2) motor vehicles without current registration or more than two (2) inoperable or dismantled motor vehicles that are not in operating condition (or parts thereof) are: a) standing more than thirty (30) days, b) dismantled, or c) stored. The following uses are excluded from this definition: agricultural equipment on a "farm" as herein defined, automotive hobby as set forth in section 8-5-3-16 of this title, and vehicles stored or dismantled within a completely enclosed structure.

AUTOMOTIVE, HOBBY: An accessory use involving the restoration, maintenance, and/or preservation of not more than two (2) vehicles at any one time.

BAR: A structure used primarily for the sale or dispensing of liquor by the drink or glass, but not including restaurants where the principal business is serving food.

BARRIER: A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area.

BASE DISTRICT: The zone district classification, listed in section 8-2-1 of this title, in effect on any given property.

BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same property as the light source; also, any light with one or more beams that rotate or move.

BED AND BREAKFAST ESTABLISHMENT: An owner occupied dwelling providing overnight accommodations and breakfast food service for no more than ten (10) occupants, including the owner and owner's family.

BIOMASS FACILITY: A type of power facility that converts the energy stored in renewable organic material into electricity. Renewable organic materials used in the conversion process include, but are not limited to, wood, crops, animal waste, garbage, landfill gas, biogas, and alcohol fuels.

BOARD: Board of Ada County commissioners.

BOARDING HOUSE: An establishment with individual rooms where meals and lodging are provided for, with or without compensation, to more than two (2) but not more than ten (10) persons. A boarding house shall include, but not be limited to, a rooming house, shelter, convent, monastery, dormitory, fraternity house, sorority house, or any group of individuals whose association is temporary or seasonal in nature. Hotels, motels, multi-family developments, and bed and breakfast establishments, as herein defined, shall not be considered boarding houses.

BREWERY: An establishment that brews thirty thousand (30,000) barrels of beer or more annually and as defined by Idaho Code section 23-1003. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass.

BREWPUB: An establishment, or portion thereof, that brews less than thirty thousand (30,000) barrels of beer annually and as defined by Idaho Code section 23-1003. The establishment may include a restaurant, sale of alcoholic beverages by the drink or glass, and/or retail sale of the products of the brewery.

BUFFER: A combination of physical space and vertical elements, including, but not limited to, plants, berms, fences, and/or walls that separate and screen incompatible land uses from one another.

BUILDING ENVELOPE: The area on a property exclusive of the required yards and unbuildable areas (including, but not limited to, slopes in excess of 25 percent and areas within a designated floodway).

BUILDING MARKER: Any sign indicating the name of a structure, a date, or other incidental information about its construction cut into a masonry surface or made of bronze or other permanent material.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the Ada County building code, or the building official's duly authorized representative.

CALIPER: A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six inches (6") above the ground for all trees up to and including four inch (4") caliper size, and twelve inches (12") above the ground for larger sizes.

CAMPGROUND: An area or tract of land that accommodates one or more temporary residential uses, including, but not limited to, cabins, tents, campers, travel trailers, motor homes, and/or recreational vehicles.

CAPITAL IMPROVEMENTS PROGRAM (CIP): A plan that describes when urban public facilities will be built, how much they will cost, and the source of funding. A CIP usually covers a period of between three (3) and ten (10) years.

CAR WASH: An establishment or area that provides facilities for washing and cleaning vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses.

CELL TOWER HEIGHT: The distance from the finished grade at the tower base to the highest point of the tower, plus twenty (20) feet to accommodate additional antenna colocation.

CEMETERY, PUBLIC OR PRIVATE: A place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot for earth interments, a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or a combination of one or more of the above.

CENTRALIZED POWER FACILITY: A geothermal, solar, biomass, or hydroelectric power facility where electricity is produced with a capacity greater than one hundred (100) kilowatts and is transmitted to other locations for consumption.

CHILDREN'S TREATMENT FACILITY: An establishment, or portion thereof, that: a) provides permanent provisions for living, sleeping, eating, cooking, and sanitation for more than eight (8) juveniles under eighteen (18) years old, and b) provides treatment for substance abuse, mental illness, emotional disturbance, developmental disability, mental retardation, or juveniles who have been identified by the judicial system as requiring treatment, therapy, rehabilitation, or supervision. For purposes of this title, this definition shall include group foster homes with more than thirteen (13) juveniles.

CHURCH OR PLACE OF RELIGIOUS WORSHIP: An establishment that by design and construction is primarily intended for the conducting of organized religious services, meetings, and associated activities.

CLEAR VISION TRIANGLE: An area at the intersection of two (2) streets that is clear of sight obstructions to motorists, as defined in Idaho Code section 49-221. See section 8-1A-2, "Figure 3: Clear Vision Triangle", of this article.

CLINIC, MEDICAL: An establishment, other than a "hospital", as herein defined, shared by two (2) or more licensed physicians or dentists for the purpose of treating human patients.

CLUB OR LODGE: An auxiliary, fraternal, or veterans' organization as defined by Idaho Code section 23-902.

COLLECTOR: See definition of Street: Street, Collector.

COLLOCATION: The use of a single structure to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure.

COMMERCIAL KENNEL: See definition of Kennel, Commercial.

COMMISSION: The planning and zoning commission of Ada County, Idaho.

COMPOSTING FACILITY, COMMERCIAL: Facility for the large scale production of compost intended for sale and use on premises other than where such compost is produced.

COMPREHENSIVE PLAN: The duly adopted comprehensive plan for a political subdivision of the state of Idaho pursuant to the "local land use planning act", Idaho Code section 67-6501 et seq., as amended.

CONDITIONAL USE: A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is permitted in a district subject to approval by the planning and zoning commission and subject to special requirements as enabled by Idaho Code section 67-6512.

CONDOMINIUM: An estate in real property as defined in Idaho Code section 55-101B that is not a subdivision.

CONFINEMENT AREAS: Any area or structure where livestock and/or poultry are stabled, confined, gathered, fed, maintained, and/or milked and where such areas do not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season.

CONSERVATION EASEMENT: A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property 1 .

CONTIGUOUS PARCELS: Unplatted parcels held in one ownership that abut each other at a common boundary. See also section 8-4A-8 of this title.

CONTINUOUS SERVICE DRIVE: A privately owned and maintained continuous drive providing for ingress and egress to a public road, internal vehicle circulation, and emergency access in a multi-family, commercial or industrial development.

CONTRACTOR: A person who agrees to furnish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors.

CONTRACTOR'S YARD: Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for the incidental repair of machinery used for any of the above listed activities.

CORNER PROPERTY: See definition of Property, Corner.

COUNTY: Ada County, Idaho.

COUNTY ENGINEER: That licensed professional engineer appointed by the board who is responsible for all engineering matters for Ada County.

COUNTY SURVEYOR: That licensed professional land surveyor appointed by the board to check plats and monuments for compliance with platting and surveying laws, provide for surveying monument records, and make such surveys, descriptions, maps, and plats as ordered by the board.

COVERAGE: The area of a property occupied by all structures.

CREMATORY: A facility where a dead person's body is cremated.

CUL-DE-SAC: See definition of Street: Street, Cul-De-Sac.

CUTOFF ANGLE: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which the light is emitted.

CUTOFF SHIELD, FULL: See definition of Full Cutoff Shield.

dBA: The A-weighted scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing.

dNL: Day-night average A-weighted sound level; considers noise at night louder than the same noise during working hours.

DAIRY: An operation whose principal function is the production of milk, including the barn, processing facility, or feeding area where dairy animals are kept, raised, or fed.

DANGEROUS OR PROTECTED ANIMAL: Any species for which the state or federal government has established specific regulations regarding such animal including, but not limited to, big cats, bears, raptors, large reptiles, and other wildlife. The term shall not include any species commonly recognized as domestic pets.

DAYCARE CENTER: A place or facility providing care and supervision for compensation for part of a day, for thirteen (13) or more children not related by blood or marriage to the person(s) providing the care. Day camps, day programs and religious schools held for more than two (2) weeks during a calendar year or held more often than once a week, are considered daycare centers. The provision of occasional care exclusively for children of parents who are simultaneously in the same building is not considered a daycare center.

DAYCARES:

   A.    FAMILY DAYCARE HOME: A home, place, or facility providing care and supervision for compensation for part of a day, for six (6) or fewer children not related by blood or marriage to the person providing the care, in a place other than the children's own home. The occasional care of children by a person not ordinarily in the business of childcare, and the provision of care for children of only one immediate family in addition to the person's own children are not considered family daycare homes.

   B.    GROUP DAYCARE FACILITY: A home, place or facility providing care and supervision for compensation for part of a day, for seven (7) to twelve (12) children not related by blood or marriage to the person(s) providing the care, in a place other than the children's own home. The occasional care of children by a person not ordinarily in the business of childcare, and the provision of care for children of only one immediate family in addition to the person's own children are not considered group daycare facilities.

DECISION MAKING BODY: The director, commission, or board, as set forth in section 8-7-2 of this title.

DEDICATION: The setting apart of land or interests in land for public use, charitable, religious, or educational purposes.

DENSITY: The ratio of the total number of dwelling units within a development divided by the total area. Should that number be a fraction, it shall be rounded to the nearest whole number.

DENSITY, NET: The ratio of the total number of dwelling units within a development divided by the area devoted to residential uses (excluding roadways and/or required dedicated open space). Should that number be a fraction, it shall be rounded to the nearest whole number.

DETACHED SECONDARY DWELLING: See definition of Dwelling, Secondary Detached.

DEVELOPMENT: Any construction or installation of a structure, or any change in use of a structure, or any change in the use, character, or appearance of land, that creates additional demand and/or need for public facilities.

DEVELOPMENT AGREEMENT: A written agreement as a condition of zoning ordinance map amendment between the board and an owner or applicant concerning the use or development of a property in accord with Idaho Code section 67-6511A and chapter 7, article C of this title.

DEVELOPMENT APPLICATION: An application for development that requires approval and/or action by the director, commission, or board.

DIRECTOR: The director of the Ada County development services department or an authorized representative.

DISPLAY LIGHTING: See definition of Lighting, Display.

DISTRIBUTED POWER FACILITY: A wind or solar power facility where electricity is primarily produced for use on site with excess supplied to a power grid. The generation capacity shall be one hundred (100) kilowatts or less.

DOMESTIC PET: An animal kept for enjoyment and companionship that is housed primarily inside a dwelling.

DRIVE AISLE: Provides access to off street parking spaces. In some instances, a continuous service drive may also double as the drive aisle.

DRIVE-UP WINDOW: Any portion of a structure or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle.

DRIVE-UP WINDOW SERVICE: An establishment providing a "drive-up window" as herein defined. The term drive-up window service shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-up window service shall not include "gasoline, diesel, or alternative fuel sales facility" or "car wash" as herein defined.

DRUG AND ALCOHOL TREATMENT FACILITY: An establishment, or portion thereof, that: a) provides permanent provisions for living, sleeping, eating, cooking, and sanitation, and b) provides a treatment program for adult patients (18 years and older) with a drug and/or alcohol use problem. This definition shall include a detoxification facility, inpatient facility, residential facility, clinic, and outpatient facility as they relate to drug and alcohol treatment.

DRY MANURE: See definition of Manure, Dry.

DUPLEX: A structure containing two (2) dwelling units attached by a common wall, where both dwelling units are located on the same property.

DWELLING, MULTI-FAMILY: A structure, or portion thereof, containing three (3) or more dwelling units or apartments, where all such units are located on the same property. For the purposes of this title, a multi-family dwelling shall be deemed multi- family development.

DWELLING OR DWELLING UNIT: Any structure, or portion thereof, providing independent living facilities for one "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. See section 8-1A-2, figure 5 of this article, for types of dwellings.

DWELLING, SECONDARY ATTACHED: A dwelling unit that shares a common wall or walls with the principal dwelling, has a separate outside entrance from the principal dwelling, and is subordinate to the principal dwelling.

DWELLING, SECONDARY DETACHED: A dwelling unit that is located in a completely separate structure from the principal dwelling and is subordinate to the principal dwelling.

DWELLING, SINGLE-FAMILY ATTACHED: A structure containing two (2) dwelling units attached by a common wall or walls, where each dwelling unit is located on a separate property.

DWELLING, SINGLE-FAMILY DETACHED: A. A detached structure that accommodates a single dwelling.

   B.   A manufactured home that meets all of the following criteria:

      1.   The manufactured home is multisectional and encloses an area of not less than one thousand (1,000) square feet.

      2.   The manufactured home is placed on an excavated and backfilled foundation and enclosed at the perimeter such that the structure is located not more than twelve inches (12") above grade.

      3.   The exterior siding and roof are similar in color, material, and appearance to the exterior siding and roofing material commonly used on immediately surrounding properties.

DWELLING, TOWNHOUSE: A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit is located on a separate property.

EASEMENT: A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code section 50-1301.

ELECTRIC DISTRIBUTION LINE: Those lines carrying between seven (7) kV and thirty five (35) kV of electricity directly to customers.

ELECTRIC SUBTRANSMISSION LINE: All lines forty six (46) kV, sixty nine (69) kV, and one hundred thirty eight (138) kV carrying electricity between two (2) substations.

ELECTRIC TRANSMISSION LINE: Those lines carrying from two hundred thirty (230) kV to five hundred (500) kV of electricity from a power facility to a substation.

ELECTRONIC MESSAGE BOARD: A freestanding sign on which changeable copy is provided by a digital readout.

EMPLOYEE: A person employed on the premises by the property owner and receiving not less than seventy five percent (75%) of the employee's annual income from said property owners.

ENDANGERED OR PROTECTED SPECIES RESEARCH FACILITY: A facility whose principal purpose includes active captive breeding of endangered or protected animals. The facility must have a public education initiative and allow general public access to some portion of the facility. The operator shall possess a current U.S. fish and wildlife service permit(s) that allows working with the endangered or protected species being maintained on site.

ESTABLISHMENT: A place of business or residence with its furnishings and staff.

FALL ZONE: The area in which there is a potential hazard from falling debris (such as ice) or collapsing structural components.

FAMILY: A. A person living alone or two (2) or more persons related by blood or marriage.

   B.   A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit.

   C.   Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling who are supervised at the dwelling in connection with their handicap or age related infirmity, provided that no more than two (2) staff members reside in the dwelling at any one time. (Resident staff shall not be counted toward the "8 or fewer" criterion.)

FAMILY MEMBER: See definition of Member Of The Owner's Immediate Family.

FARM: A property in agricultural use that is five (5) acres in size or greater and has obtained tax exempt status from the Ada County Assessor's office.

FARM RESIDENTIAL PARCEL: The residential parcel created as a result of a farm development right.

FARMWORKER HOUSING COMPLEX: A complex of dwellings established for the purpose of providing housing for migrant laborers of seasonal agricultural operations, such as harvesting of agricultural crops.

FEDERALLY REGULATED CAFO: A confined animal feeding operation regulated by the environmental protection agency for compliance with section 502(14) of the clean water act and the national pollutant discharge elimination system.

FINAL PLAT: See definition of Plat, Final.

FIRE AUTHORITY: The chief officer or an authorized representative of the fire department serving the jurisdiction.

FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLAMMABLE SUBSTANCE STORAGE: An establishment, or portion thereof, wherein combustible substances (as defined by the applicable fire code) are stored.

FOOTPRINT: Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and/or footings.

FOSTER HOME, GROUP: An establishment, or portion thereof, that: a) provides permanent provisions for living, sleeping, eating, cooking, and sanitation, and b) provides foster care for seven (7) to thirteen (13) children under the age of eighteen (18).

FOUNDRY: A workshop or factory for casting metal.

FREIGHT OR TRUCK TERMINAL: An establishment or area where freight (brought by truck or rail) is transferred. The terminal facility may include storage or repair areas for trucks or railcars. The term freight or truck terminal shall not include a structure or area used for permanent or long term storage of freight.

FRONT PROPERTY LINE: See definition of Property Line, Front.

FRONT YARD: See definition of Yard, Front.

FRONTAGE: A property line along either: a) a roadway, or b) a permanent access easement to a public street that was of record prior to May 20, 1968, and has been established by a clear chain of title in subsequent recorded deeds.

FRONTAGE STREET: See definition of Street: Street, Frontage.

FUEL CELL: A device that continuously changes the chemical energy of a fuel (as hydrogen) and an oxidant directly into electrical energy.

FULL CUTOFF SHIELD: In its installed position, a light fixture with a full cutoff shield will not allow any direct light above a horizontal plane and no more than five percent (5%) of the total light output may come from the zone from fifteen degrees (15°) below the horizontal to the horizontal plane. See section 8-1A-2, figure 4 of this article.

GASOLINE, DIESEL, OR ALTERNATIVE FUEL SALES FACILITY: An establishment that sells and supplies motor fuel, lubricating oils, alternative fuel, and/or grease to on premises trade.

GLARE: Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer's ability to see and, in extreme cases, momentary blindness.

GRADE: A. The degree of inclination of a slope, roadway, or other surface.

   B.   A slope or gradual inclination.

   C.   Top of ground upon completion of grading and landscaping.

GRADE, ADJACENT STREET: The grade at the top of the curb or the pavement edge where no curb exists.

GRAIN ELEVATOR: A structure equipped with mechanical lifting devices used for storing grain.

GRANDFATHER RIGHTS: See article B, "Nonconforming Property, Use, Or Structure", of this chapter.

GREENHOUSE: Structures whose roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

GROSS FLOOR AREA: The measure of total square footage of habitable space of a structure.

GROUP FOSTER HOME: See definition of Foster Home, Group.

HABITABLE SPACE: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

HALF STREET: See definition of Street: Street, Half.

HALFWAY HOUSE: An establishment that provides housing for persons convicted of nonviolent crimes that are in the later stages of serving a sentence and are being transitioned back into society.

HEALTH AUTHORITY: The Central district health department, the Idaho department of health and welfare, the United States environmental protection agency, and any agency as may succeed to any of their powers. The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority.

HEAVY EQUIPMENT SALES, RENTAL OR SERVICE: The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment.

HEAVY INDUSTRY: See definition of Industry, Heavy.

HIGHWAY: A street so designated as a state or federal highway by the state or federal agency responsible therefor.

HOBBY KENNEL: See definition of Kennel, Hobby.

HOME OCCUPATION: An occupation, profession, or business activity that is incidental and secondary to a dwelling unit and does not affect the rural or residential character of the neighborhood.

HOSPITAL: A medical institution licensed by the state.

HOTEL OR MOTEL: An establishment that provides lodging to the public for a fee as defined by Idaho Code section 67-4711, excluding boarding houses and bed and breakfast establishments as herein defined.

ILLUMINATED, DIRECT: A light fixture that directs and concentrates light on a sign.

ILLUMINATED, INTERNAL: A light source for a sign that is contained within the sign and is visible only through a translucent surface or recessed into the sign structure.

ILLUMINATED, NEON: A source of diffused light from a tube filled with neon, helium, argon, krypton, and/or xenon.

ILLUMINATION, EXPOSED LAMP: A source of light visible from the street where the lamp does not produce diffused light or where such lamp is not completely covered by a translucent and/or opaque shield.

IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of water. It includes surfaces such as compacted sand, shale, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

IMPROVEMENT: Shall include, but not be limited to, roadway paving, curb, gutter, sidewalk, pedestrian pathway, bike path, water line, sewer line, drainage work, bus turnout, streetlight, and/or landscaping.

INDUSTRIAL: Refers to the manufacture, processing, fabrication, and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, the raising of livestock, or the extraction or severance of raw materials.

INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials.

   B.   A use engaged in storage or manufacturing processes using flammable or explosive materials.

   C.   Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT: A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials.

INNER APPROACH ZONE: An area inside the airport influence areas that has the following dimensions: ten thousand feet (10,000') in length and beginning one thousand feet (1,000') in width at the end of the overrun area and widening uniformly to a width of four thousand feet (4,000') at a distance of ten thousand feet (10,000') and having as its center line the continuation of the center line of the landing strip.

INOPERABLE VEHICLE: See definition of Vehicle, Inoperable.

INTERSTATE: A street that is designated as an interstate on the most current Ada County long range highway and street map as adopted by the community planning association of southwest Idaho.

JUNK: Discarded, used, or secondhand materials, including, but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and nonferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

JUNKYARD: An establishment as defined by Idaho Code section 40-111 where junk is bought, sold, exchanged, stored, kept, processed, or handled.

KENNEL, COMMERCIAL: Any premises or portion thereof on which five (5) or more domestic pets are maintained, harbored, possessed, trained, bred, boarded, or cared for in return for compensation, but not including an animal clinic, animal hospital, or veterinary office. Care for livestock and dangerous or protected animals shall be subject to the standards established in sections 8-5-3-62 and 8-5-3-32 of this title.

KENNEL, HOBBY: A facility located at the private dwelling of the dog owner, where five (5) to ten (10) of the owner's dogs are maintained for purposes of breeding, hunting, organized field trials, obedience or training, competition, security or for personal enjoyment.

LABORATORY: Facilities for biological, serological, biophysical, cytological, and pathological tests, and facilities for the chemical or other examination of materials from water, air or other substances, as defined by Idaho Code section 39-103.

LAGOON: An earthen structure designed to treat liquid manure through biodegradation by bacteria.

LAUNDROMAT:

   A.   An establishment that provides washing, drying, and/or ironing machines for hire, and/or

   B.   An establishment that provides washing, drying and/or ironing services to retail customers.

LAUNDRY: An establishment that washes large quantities of laundry or dry cleaning for commercial patrons in machines larger than standard laundry machines.

LIGHT FIXTURE: A complete lighting unit consisting of a light source (lamp) and all necessary mechanical, electrical, and decorative parts.

LIGHT FIXTURE, INSTALLED: The attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

LIGHT FIXTURE, OUTDOOR: Outdoor electrically powered illuminating device, outdoor lighting or reflective surface, lamp and similar device, permanently installed or portable, used for illumination or advertisement. Such device shall include, but is not limited to, search, spot, and floodlights for buildings and structures; recreational areas; parking lot lighting; landscape lighting; billboards and other signs (advertising or other); street lighting; product display area lighting; building overhangs and open canopies.

LIGHT INDUSTRY: See definition of Industry, Light.

LIGHT TRESPASS: The extension of a light fixture's effective zone of light (as defined by a photometric test report) beyond the boundaries of the property on which it is located. See figure 6, section 8-1A-2 of this article.

LIGHTING, DISPLAY: The illuminating engineering society of North America (IESNA) recommended practices and American national standards institute (ANSI) standard lighting levels for display lighting.

LIGHTING, SECURITY: The IESNA recommended practices and ANSI standard lighting levels for security lighting.

LIGHTING, TEMPORARY: Exterior light fixtures that are intended for use for a period of less than seven (7) days, with at least one hundred eighty (180) days passing before being used again.

LIQUID MANURE: See definition of Manure, Liquid.

LIVESTOCK: Poultry or other birds, horses, cattle, dairy cattle, swine, sheep, llamas, goats, or other grazing animals, excluding any such animal kept as a "domestic pet" as herein defined.

LIVESTOCK CONFINEMENT FACILITY: Establishments where animals have been, are, or will be stabled, confined, gathered, or concentrated and fed or maintained (watered, cleaned, groomed, medicated, etc.) for a total of forty five (45) days or more in any twelve (12) month period. The days do not have to be consecutive.

LODGE: See definition of Club Or Lodge.

LOT: A portion of a subdivision intended as a unit for transfer of ownership and development.

LUMEN: A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of these regulations, the lumen- output values shall be the initial lumen-output ratings of a light fixture.

MANUFACTURED HOME:

   A.   A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code section 39-4105.

   B.   A rehabilitated dwelling certified by the state of Idaho department of labor and industry, building safety division.

MANUFACTURED HOME PARK: A residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased.

MANUFACTURED HOME SUBDIVISION: A residential subdivision developed exclusively for siting manufactured homes on individual lots under individual ownership.

MANUFACTURING: Shall include the processing, packaging, or assembly of products and incidental storage, sales, and distribution of such products, but excluding those uses defined as heavy industry.

MANURE, DRY: Animal or poultry excreta that may also contain bedding, spilled feed, or soil.

MANURE, LIQUID: Manure and any associated wastewater, including, but not limited to: a) any excess water generated from the process and any precipitation (rain or snow) that comes into contact with any manure, litter or bedding, or any other material or product used in, or resulting from, animal or poultry production or direct products (e.g., milk, eggs); and b) any water used (directly or indirectly) in AFOs for any or all of the following: animal or poultry watering system spillage or overflow; washing, cleaning, or flushing pens, barns, manure pits or other facilities; direct contact swimming, animal washing or spray cooling; and/or dust control.

MANURE STORAGE: An area or structure in which dry manure is stored or a structure, pond, or tank in which liquid manure is stored but not treated.

MEATPACKING FACILITY: An establishment maintained for canning, curing, smoking, salting, packing, freezing, storing, or other similar uses in which meat products are processed for commercial sale.

MEDICAL CLINIC: See definition of Clinic, Medical.

MEMBER OF THE OWNER'S IMMEDIATE FAMILY: Any one of the following: a birth or adoptive parent, stepparent, grandparent, children, grandchildren, sibling, aunt, uncle, niece, nephew, or person under the owner's legal guardianship.

MINE: See definition of Pit, Mine, Or Quarry.

MINOR ARTERIAL: See definition of Arterial, Minor.

MORTUARY: A facility in which deceased human bodies are kept and prepared for burial or cremation.

MOTEL: See definition of Hotel Or Motel.

MULTI-FAMILY DEVELOPMENT: Development where there are three (3) or more dwelling units or apartments located on the same property in an urban base district or a planned community base district. A multi-family dwelling may or may not be present on the property.

MULTI-FAMILY DWELLING: See definition of Dwelling, Multi-Family.

NEIGHBORHOOD ASSOCIATION: A group that has filed registration forms with the director, providing the name, boundaries, and representative of the association.

NEIGHBORING PROPERTIES: Abutting properties and any properties separated from the subject property solely by a roadway or dedicated easement.

NIGHTCLUB: An establishment that provides live or recorded music and a dance area for patrons inside a structure. A nightclub may or may not serve alcohol. The term nightclub shall not include dance studios as herein defined.

NONCONFORMING PROPERTY:

   A.   A property that lawfully existed prior to the effective date of this title, but that does not now conform to the dimensional standards for the district in which it is located.

   B.   A property given amnesty under the regulations of subsection 8-1B-2B of this chapter.

NONCONFORMING SIGN: A sign, sign structure, or use of a sign lawfully existing prior to the effective date of this title but that does not now conform to the dimensional standards for the district in which it is located.

NONCONFORMING STRUCTURE: A structure, including agricultural structures, that was lawfully constructed and/or existing prior to the effective date of this title, but that does not conform to the dimensional standards for the district in which it is located.

NONCONFORMING USE: A use that lawfully existed prior to the effective date of this title, but that does not now conform to the allowed uses for the district in which it is located.

NON-FARM RESIDENTIAL LOT: Residential lot created by the former Non-farm Subdivision regulations.

NONNOISE SENSITIVE DEVELOPMENT: A use that can be conducted within the noise exposure forecast 30 area and that is not hindered from maintaining the use by the Boise air terminal air traffic noise and associated vibration.

NURSERY, RETAIL: Any grounds, structures, greenhouses, or premises in which garden, farm, landscaping, Christmas trees, or florist's stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods in small quantities.

NURSERY, WHOLESALE: Any grounds, structures, greenhouses, or premises in which garden, farm, landscaping, Christmas trees, or florist's stock is propagated, grown, stored, or packed for commercial sale, and where the owner/operator sells the goods in large quantities to a limited number of buyers.

NURSING FACILITY, SKILLED: An establishment that provides permanent provisions for living, sleeping, eating, cooking, and sanitation and that provides healthcare needs to more than eight (8) individuals who, at a minimum, require: a) inpatient care and services for twenty four (24) or more consecutive hours for unstable chronic health problems, b) daily professional nursing supervision and licensed nursing care on a twenty four (24) hour basis, and c) restorative, rehabilitative care and assistance in meeting daily living needs. Medical supervision may be necessary on a regular, but not daily, basis. A skilled nursing facility shall include, but not be limited to: nursing home, nursing facility, convalescent home, intermediate care, and subacute care.

OFF STREET PARKING FACILITY: An enclosed structure (other than a private garage) or open, hard surfaced area (other than a public street or private road), designed, arranged, and made available for parking vehicles, where such use is operated as a business enterprise with a service charge or fee being paid by the vehicle operator. Off street parking facility shall include, but not be limited to, a commercial parking lot and public garage.

OPEN SPACE: Land or water left in an undisturbed natural condition and unoccupied by building lots, structures, streets, or parking lots, except as otherwise specified in chapter 4, article J of this title.

OPEN SPACE, DEDICATED: An area that has been designated on a master site plan or subdivision plat as open space.

OPEN SPACE, DEVELOPED: An area of open land used for recreational opportunities and that provides either active or passive recreational facilities.

OPEN SPACE, NATURAL: An area of open land, with little or no land disturbance, preserved, enhanced and/or restored in order to maintain the natural, scenic, ecological, cultural, hydrological, geological, or agricultural values of the land. Natural open space may include trails and park bench style seating; interpretive signage and kiosks for educational purposes; and agricultural activities.

OUTDOOR STORAGE OF MATERIALS: Material (including, but not limited to, goods, wares, merchandise, or vehicles) that is kept in the same place for more than twenty four (24) hours in an open area. The term outdoor storage shall include material that is kept under a pole barn structure or any structure that is less than fully enclosed.

OWNER: A "person", as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this title.

PARCEL: A tract of unplatted land (or contiguous land, if applicable), in single ownership, considered a unit for purposes of development.

PARCEL OF RECORD: A parcel of land that was of record in the Ada County recorder's office prior to January 1, 1985.

PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERSON: Includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity.

PIT, MINE, OR QUARRY: The various activities associated with excavating valuable minerals from the ground, including, but not limited to, excavating a pit, removing the resource, processing the resource, disposing of unwanted material, and building a roadway to accommodate hauling trucks.

PLANNED COMMUNITY (PC): A well designed small town or urban type development characterized by a wide mix of uses, on site amenities, trip capture, and connectivity within the community; conservation of open space and preservation of environmental attributes; an emphasis on community character and heritage and forming a sense of community; and provision of urban public services.

PLANNED COMMUNITY IMPLEMENTATION PLAN: A plan submitted in compliance with this title demonstrating how a PC will be developed in compliance with the requirements of this title.

PLANNED COMMUNITY SUBAREA COMPREHENSIVE PLAN: The comprehensive plan text for a subarea encompassed by a PC base district and specific PC overlay district.

PLAT, FINAL: The drawing, map or plan of a subdivision, cemetery, or other tract of land, or a replatting of such, including certifications, descriptions, and approvals and containing those elements and requirements set forth in section 8-6-4-3 of this title.

PLAT, PRELIMINARY: A development plan of a subdivision, containing the elements and requirements set forth in section 8-6-4-2 of this title. A preliminary plat is a final document and is not considered to be of a preliminary nature and is used as a guide for the preparation of the final plat.

POWER FACILITY: A facility associated with the production or transmission of electricity, including wind, geothermal, solar, biomass, and hydroelectric power facilities; or a power substation, an electric substation, a grid switching site, or an electric transmission, subtransmission or distribution line, any of which may or may not be regulated by the federal energy regulatory commission; or a facility qualifying under 18 CFR part 131.80.

PRELIMINARY PLAT: See definition of Plat, Preliminary.

PRINCIPAL ARTERIAL: See definition of Arterial, Principal.

PRINCIPAL PERMITTED USE: The use of land or a structure allowed in a specific zoning base or overlay district as distinguished from an accessory or conditional use.

PRINCIPAL STRUCTURE: For any given property, the structure in which the principal use is conducted.

PRIVATE ROAD: A roadway that is not dedicated to the public, that is not a part of the public highway system, and that is approved pursuant to chapter 4, article D of this title.

PRODUCE: Raw and unprocessed fruits, vegetables, or herbs.

PROGRAMMED: Included in the capital improvements program of a city, Ada County, a planned community provider outside of an area of impact, a taxing district, or a regulated public utility, as being constructed within five (5) years. If a capital improvements program has not been adopted, "programmed" shall mean a transferable memorandum of understanding between the provider of the urban public facility and the applicant, that a needed public facility will be provided within one year.

PROHIBITED USE: Any use within a district not listed as a principal permitted, accessory, or conditional use in this title.

PROPERTY: A "lot" or "parcel" as herein defined.

PROPERTY BOUNDARY ADJUSTMENT: The division for conveyance of a lot or parcel for the purpose of adjusting the boundary between properties where: a) the dimensions of the properties are not reduced below the minimum dimensional standards for the applicable district; b) there is no increase in the original number of properties; and c) no easements, public streets, private roads or publicly dedicated areas are affected. A property boundary adjustment shall not move or affect the location of any platted lot line.

PROPERTY, CORNER: A lot or parcel abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the "corner".

PROPERTY DEPTH: The horizontal distance that connects the front property line and the rear property line as measured perpendicular to any point along the front property line.

PROPERTY LINE, FRONT: The line separating the lot or parcel from the street on which it takes access.

PROPERTY LINE, REAR: The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than ten feet (10') apart.

PROPERTY LINE, SIDE: Any property lines other than a front or rear property line. A side property line separating a lot or parcel from a street is called a side street property line. A side property line separating a lot or parcel from another lot or parcel is called an interior side property line.

PROPERTY LINES: Lot lines or parcel boundaries.

PROPERTY OF RECORD: A property of record in the Ada County recorder's office as of January 1, 1985.

PROPERTY SIZE: The computed horizontal area contained within the property lines.

PROPERTY, THROUGH: A lot or parcel other than a corner property having frontage on two (2) parallel or approximately parallel streets.

PROPERTY WIDTH: The horizontal distance that connects opposing side property lines as measured perpendicular to any point along the side property lines.

PUBLIC AMENITY: Shall include, but not be limited to, the following: school site, bike path, transit facility, park site, park and ride lot, and public safety facility such as police, fire, or emergency medical facilities.

PUBLIC BUILDING: Shall include, but not be limited to: a) fire station; b) law enforcement; c) library; d) post office; e) public administration building (exclusive of shop, garage); f) hospital, skilled nursing facility, or residential care facility; g) emergency medical service facility; h) halfway house and work release facility; and i) juvenile detention facility.

PUBLIC HIGHWAY AGENCY: The Ada County highway district or the Idaho transportation department.

PUBLIC INFRASTRUCTURE FACILITY: Shall include, but not be limited to: a) pumping station for water, sewer, or gas; b) municipal wastewater collection and treatment facility or interim wastewater treatment system; c) utility shop, garage, or storage facility; d) park and ride lot; e) water reservoir and water tank; or f) storm drainage facility and storm detention facility.

PUBLIC OR QUASI-PUBLIC USE: Shall include, but not be limited to, public buildings and/or public infrastructure facilities.

PUBLIC RIGHT OF WAY: A right of way open to the public and subject to the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right of way for vehicular traffic.

PUBLIC STREET: See definition of Street: Street, Public.

PUBLIC UTILITY: Facilities owned and operated by a public utility as defined in Idaho Code section 61-129.

QUALIFYING PROPERTY: A lot or parcel that is the subject of a proposed development application and that meets the applicability requirements as set forth in this title.

QUARRY: See definition of Pit, Mine, Or Quarry.

RACETRACK: A structure, or portion thereof, used for racing vehicles or animals for recreation or profit and that may include accessory uses and structures normally associated with this activity.

REAR PROPERTY LINE: See definition of Property Line, Rear.

REAR YARD: See definition of Yard, Rear.

RECREATION FACILITY: See definition of Amusement Or Recreation Facility.

RECREATION ITEM, PERSONAL: The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, horse trailer, and all-terrain vehicle.

RECREATIONAL FACILITY, ACTIVE: Recreational opportunity involving moderate to high intensity use which may require modification of natural landforms and the provision of service facilities, playing fields or equipment. Examples include, but are not limited to: playground equipment, sports fields, surfaced courts, volleyball courts, swimming pools, skateparks, multipurpose centers and open play areas.

RECREATIONAL FACILITY, PASSIVE: Recreational opportunity occurring in a natural setting requiring minimal development or facilities and providing areas for informal, self-directed activities for individuals or small groups. Examples include, but are not limited to: trails; pathways; picnic shelters; park bench style seating; interpretive signage and kiosks for educational purposes; community gardens; golf courses; and structures, streets and parking areas accessory to these uses.

RECREATIONAL VEHICLE: A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use and as defined in Idaho Code section 49-119.

RECREATIONAL VEHICLE PARK: A premises upon which two (2) or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes.

RECYCLING CENTER: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products.

RECYCLING PLANT: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are recycled, reprocessed, and treated to return such products to a condition in which they may be reused for production.

REMEDIATION: Structures and/or activities that remove contaminates from soil or water.

REMEDIATION, IN SITU: Remediation that occurs on the same site where the contaminated soil or water exists. In situ remediation does not involve removal or transportation of soil or water off site.

REQUIRED YARD: See definition of Yard, Required.

RESEARCH AND DEVELOPMENT FACILITY: An establishment that has facilities or laboratories for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility.

RESIDENTIAL CARE FACILITY: An establishment that provides permanent provisions for living, sleeping, eating, cooking, and sanitation and that provides twenty four (24) hour nonmedical care for more than eight (8) individuals who need personal care or assistance and supervision. A residential care facility shall include, but not be limited to, assisted living facility, retirement home, and respite care.

RESTAURANT: Any eating establishment having kitchen and cooking facilities for the preparation of food and where meals are regularly served to the public for compensation.

RETAIL SALES: The sale, distribution, presentation, demonstration, or supply of goods to consumers through or at a retail store.

RETAIL STORE: The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationary and gift stores; specialty stores, sporting goods; and used merchandise stores.

RIGHT OF WAY: See definition of Public Right Of Way.

ROADSIDE PRODUCE STAND: An establishment where "produce" as defined in this section, the majority of which is grown on the premises, is displayed and sold to the general public on a seasonal basis. No other commodities may be sold.

ROADWAY: Any public street or approved private road.

RURAL RESIDENCE: Farm development right parcels, non-farm residential lots, and non-conforming residential properties under 2.5 acres in a rural base district.

SANITARY LANDFILL: A disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental and health hazards by spreading, compacting, and covering the solid wastes. Solid wastes shall be limited to those outlined in title 5, chapter 2 of this code.

SCHOOL, PUBLIC OR PRIVATE: An institution of learning that offers academic instruction in the courses that are required by the state of Idaho to be taught in public schools. "School" includes kindergarten, elementary, middle, junior high, and senior high. Privately funded schools whose curriculum meets the state of Idaho standards shall be included in this definition.

SCHOOL, VOCATIONAL OR TRADE: A proprietary school as defined by Idaho Code section 33-2401.

SEASONAL STAND: Shall include, but not be limited to, fireworks, snow cone, or Christmas tree stands.

SECTION LINE STREET: See definition of Street: Street, Section Line.

SECURITY LIGHTING: See definition of Lighting, Security.

SELF-SUPPORTING UNIT: A stand alone module of a planned community that generates enough revenue, as demonstrated by the approved implementation plan pro forma, to support the construction and operation of appropriate urban public services required to serve each dwelling unit therein.

SEPTAGE: A general term for the contents removed from septic tanks, portable vault toilets, privy vaults, or wastewater holding tanks receiving wastewater from domestic sources. Nondomestic (industrial) waste may also be present, but is not considered part of the definition. This does not include drinking water treatment residuals that may be held in a holding tank.

SEPTAGE TREATMENT AND DISPOSAL FACILITY, PRIVATE: An establishment that provides for the treatment and disposal of septage and is under private ownership.

SETBACK: The minimum required distance between the property line and the nearest structure.

SHADOW FLICKER: The on and off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.

SHOOTING RANGE: An establishment, indoor or outdoor, that allows for the safe practice of shooting firearms and that may include accessory uses and structures normally associated with this activity.

SIDE PROPERTY LINE: See definition of Property Line, Side.

SIDE YARD: See definition of Yard, Side.

SIGN: Any sign copy, logo, or other representation that directly, or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial, industrial, or public activity.

   Sign, Animated: Any sign that uses movement or change of lighting to depict action or to create a special effect.

   Sign, Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a structure by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

   Sign, Building: A sign attached to any part of a building, as contrasted to a freestanding sign.

   Sign, Canopy: Any sign that is a part of, or attached to, an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

   Sign, Changeable Copy: A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this title.

   Sign, Freestanding: A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any structure or other structure.

   Sign, Identification: A sign that states the name and address of the business only.

   Sign, Incidental: A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking", "no smoking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.

   Sign, Internal: Signs within structures that are not intended as window or wall signs. The text of the sign is oriented toward individuals within the structure.

   Sign, Marquee: Any sign attached to, in any manner, or made a part of any permanent roof like structure projecting beyond a structure or extending along and projecting beyond the wall of the structure, generally designed and constructed to provide protection from the weather. A canopy sign is not a marquee sign.

   Sign, Parapet: Any sign attached parallel to, but within one foot (1') of, a parapet, painted on the parapet surface of, or erected and confined on a parapet of any structure, which is supported by such parapet or structure, and which displays only one sign surface.

   Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day to day operations of the business.

   Sign, Projecting: Any sign affixed to a structure or wall in such a manner that its leading edge extends more than one foot (1') beyond the surface of such structure or wall.

   Sign, Roof: Any sign erected and constructed wholly on and over the roof of a structure, supported by the roof structure, and extending vertically above the highest portion of the roof. Parapet signs, as herein defined, shall not be deemed roof signs.

   Sign, Suspended: A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.

   Sign, Temporary: Any sign that is designed and intended for use less than twelve (12) months and that is not permanently mounted.

   Sign, Wall: Any sign attached parallel to, but within one foot (1') of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any structure, which is supported by such wall or structure, and which displays only one sign surface.

   Sign, Window: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

SIGN BACKGROUND AREA: The area of the sign copy and any remaining area capable of containing copy, but not including the supporting structure.

SIGN COPY: The graphic content of a sign in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

SINGLE-FAMILY ATTACHED DWELLING: See definition of dwelling, single-family attached.

SINGLE-FAMILY DETACHED DWELLING: See definition of dwelling, single-family detached.

SLAUGHTERHOUSE: An establishment where animals are killed and rendered for commercial sale. A slaughterhouse may include a meatpacking facility as an accessory use.

SMALL WIRELESS FACILITY: Any unstaffed facility used to transmit, receive, distribute, provide or offer personal wireless communications services, with antennas and associated equipment, that do not exceed the volumes specified below:

   A.   Each individual antenna, excluding all other wireless equipment associated with the facility, is individually no more than three (3) cubic feet in volume, and all antennas on the structure total no more than six (6) cubic feet in volume; and

   B.   All other wireless equipment associated with the facility, excluding cable runs for the connection of power and other services, do not cumulatively exceed:

      1.   Twenty eight (28) cubic feet on all non- pole-type support structures that can support fewer than three (3) providers; or

      2.   Twenty one (21) cubic feet on all monopoles and pole-type support structures that can support fewer than three (3) providers; or

      3.   Thirty five (35) cubic feet on all non-pole- type support structures that can support at least three (3) providers; or

      4.   Twenty eight (28) cubic feet on all monopoles and pole-type support structures that can support at least three (3) providers.

   C.   The volume of any equipment that is not visible from public spaces at the ground level from two hundred fifty feet (250') or less may be omitted from the calculation of volumetric limits set forth in this definition.

SMALL WIRELESS SUPPORT STRUCTURE: A structure that can support a small wireless facility. Includes, but is not limited to, monopoles, light poles, traffic signal poles, utility poles, any pole used for adornments, base stations, buildings, water tanks, transmission towers, billboards, and other freestanding self- supporting structures.

SOCIAL HALL: An establishment, or portion thereof, used for social gatherings including, but not limited to, weddings, receptions, dinners, bazaars, banquets, and reunions.

SOLAR COLLECTOR MOUNTS: Mounting arrangements that hold various devices for the absorption of solar radiation for the heating of water or buildings or the production of electricity, consisting of:

   Building Integrated Photovoltaics Mount: A solar collector system that is integrated into the structure of a building. Common building integrated photovoltaic applications include carports, awnings, and curtain walls.

   Ground Mount: A solar collector system where an array is mounted onto the ground. The most common type of ground mount is a wedge structure constructed from steel supports anchored in concrete footings. The remainder of the structure is built from aluminum or galvanized steel.

   Pole Mount: A solar collector system that consists of an array that is mounted on top of a single steel pole, which is ground mounted. This type of installation can be manually adjustable, so that the pitch of the array at different times of the year can be changed.

   Roof Mount: A solar collector system with an array of solar panels located on the roof of a structure. In most cases this array will be attached directly to the structural members of the building.

SOLAR FACILITY: Any solar collection or other solar device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or electricity. Solar collection methods include, but are not limited to, photovoltaic panels, solar thermal collectors, passive solar, and concentrating solar power.

SPECIAL EVENTS: Any temporary event including, but not limited to, picnics, barbecues, holiday events and parties, dances, concerts, bike rides and races, footraces and walks, auctions and sales, bazaars, sales or marketing events, and harvest festivals and events.

SPECIFIED ANATOMICAL AREAS:

   A.   Less than completely and opaquely covered part of the human body consisting of: 1) human genitals, 2) pubic region, 3) buttock, 4) anus, 5) female breast below a point immediately above the top of the areola, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed.

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Any one or more of the following activities:

   A.   Human genitals in a state of sexual stimulation, arousal or tumescence.

   B.   Acts of human anilingus, bestiality, buggery, coprophagy, coprophilia, cunnilingus, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, and sodomy.

   C.   Fondling or other touching of human genitals, pubic region, buttock, anus or female breast.

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.

STATE: The State of Idaho.

STORAGE FACILITY, SELF-SERVICE: A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles). This use may also include an outdoor storage area within the fenced compound.

STORAGE FACILITY, SELF-SERVICE, OUTDOOR ONLY: The use of a site where vehicles, RVs, trailers, or other similar items are stored outside in identified spaces and within a fenced compound.

STORY: Shall be as defined by Ada County Building Code as set forth in title 7, chapter 2 of this code, except that any single- story structure, or portion thereof, that exceeds twenty four feet (24') in height shall be deemed a two-story structure.

STRADDLE DANCE: An employee's use of any part of his or her body to touch the human genitals, pubic region, buttock, anus, or female breast of a nonemployee while at the establishment, or the touching of the human genitals, pubic region, buttock, anus, or female breast of any employee by a nonemployee while at the establishment. Conduct shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing any specified anatomical area. Conduct shall also be a straddle dance regardless of whether the "touch" or "touching" is direct or through a medium. The terms lap dance, table dance, and face dance are considered straddle dance.

STREET: A street, public road, thoroughfare, alley, highway or a right of way that may be open for public use but is not part of a public highway system nor subject to the jurisdiction of a public highway agency.

   Street, Alley: A public means of secondary access to abutting property that is not for general traffic circulation or street frontage.

   Street, Arterial: A street designated as an arterial on the most recent Ada County long range highway and street map adopted by the Community Planning Association Of Southwest Idaho. See also definitions of Arterial, Minor and Arterial, Principal.

   Street, Collector: A street designated as a collector on the most recent Ada County long range highway and street map adopted by the Community Planning Association Of Southwest Idaho.

   Street, Cul-De-Sac: A dead end street provided with a turnaround at its terminus.

   Street, Frontage: A minor street parallel to and adjacent to an arterial street providing access to abutting properties and protection from through traffic.

   Street, Half: A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

   Street, Highway: See definition of Highway.

   Street, Interstate: See definition of Interstate.

   Street, Local: A street used primarily for access to abutting properties.

   Street, Minor Arterial: See definition of Arterial, Minor.

   Street, Principal Arterial: See definition of Arterial, Principal.

   Street, Public: A street, public road, thoroughfare, alley, highway, or bridge subject to the jurisdiction of a public highway agency.

   Street, Section Line: A section line street as designated on the most recent Ada County long range highway and street map adopted by the Community Planning Association Of Southwest Idaho.

STREET FRONTAGE: The linear distance that a property line abuts a public street or approved private road providing access, from one property line intersecting said street to the farthest distant property line intersecting the same street.

STREET ISLAND: A lot and block in a subdivision located in the public street right of way. The street island shall be considered a nonbuildable lot for development purposes.

STREET KNUCKLE: An extension of a minor street providing access to abutting properties.

STRUCTURE: That which is built or constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

STUDIO: A structure, or portion thereof, used as a place of work and/or instruction by an artist or artisan. The term studio shall include, but not be limited to, art, music, gymnastic, dance, martial arts, photography, or video production studios and classrooms. The term studio, as used in this title, shall not include a single room apartment or dwelling.

SUBDIVISION: The division of a lot or parcel of land, into two (2) or more lots for the purpose of conveyance of ownership or for building development; and the recorded plat thereof.

SUBSTANTIAL CONFORMANCE: A final plat shall be deemed to be in substantial conformance to a preliminary plat provided that the final plat represents no increase in the number of lots as approved for the preliminary plat and a ten percent (10%) or less deviation of any dimensional standard shown on the preliminary plat, provided that the density and lot dimensions meet the standards of the zoning base district. Unless required by a public highway agency, public utility, or federal or state agency, deviations greater than ten percent (10%) or more of any dimensional standard shown on the preliminary plat shall not be deemed in substantial conformance. Final plats in rural districts and the RUT and RSW districts shall be allowed a twenty five percent (25%) deviation of dimensional standards.

SWALE: A shallow depression.

SWIMMING POOL: Any structure intended for swimming or recreational bathing that can contain water over two feet (2') in depth. This includes inground and aboveground swimming pools, hot tubs, and spas.

TASTING ROOM: An establishment that provides a winery an opportunity to allow visitors to taste wine. A tasting room may also offer sales of wine and other related items. These may include, but are not limited to, the following: glasses, decanters, books, racks, corkscrews, T-shirts, posters, and such food items considered snacks, such as bread, breadsticks, crackers, cheese, and hors d'oeuvres (appetizers).

TEMPORARY LIGHTING: See definition of Lighting, Temporary.

TEMPORARY LIVING QUARTERS: A "manufactured home", as herein defined, permitted as a temporary dwelling for a member of the owner's immediate family on the same property as the principal permitted use.

THROUGH PROPERTY: See definition of Property, Through.

TOWNHOUSE DWELLING: See definition of Dwelling, Townhouse.

TRADE SCHOOL: See definition of School, Vocational Or Trade.

TRANSIT FACILITY: Shall include, but not be limited to, a bus or rail station.

TRANSMISSION LINE: See definition of Electric Transmission Line.

TRANSPORTATION AUTHORITY: The Ada County highway district, the Idaho transportation department, the city of Boise (Boise urban stages) and any other agency that may succeed to their powers or establish public jurisdiction in the field of transportation. The term transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority.

TRANSPORTATION DEMAND MANAGEMENT: The application of strategies and policies for the purpose of reducing single occupant vehicle trips to optimize use of existing and planned transportation facilities.

TRAVELWAY: The improved surface required within a private road easement.

TRIP: A single or one direction vehicle movement with either the origin or destination inside the subject property.

TRUCK STOP: A roadside service and fueling station that caters to federal interstate truckers.

TRUCK TERMINAL: See definition of Freight Or Truck Terminal.

UNDUE ADVERSE IMPACTS: Measurable increases in noise, light, odor, visual, or other measurable impacts that diminish use or enjoyment of property or are detrimental to the public health, safety, and/or welfare.

UNPLATTED: A property that is not included in any subdivision of record in Ada County.

UPLIGHTING: Lighting that is directed in such a manner as to shine light rays above the horizontal plane.

URBAN PUBLIC FACILITIES: Schools, natural and developed open space, library, electricity, telephone, water, wastewater, transportation, law enforcement, fire and paramedic capital facilities provided by a city, taxing district, regulated public utility, or when located in a planned community base district, a provider as allowed by chapter 8 of this title.

URBAN PUBLIC FACILITY, PROGRAMMED: An urban public facility included in the capital improvements program of a municipality, taxing district, planned community provider, or a regulated public utility, scheduled in the relevant entity's capital improvements program for construction within five (5) years from approval of the planned community overlay district which the urban public facility will serve.

URBAN PUBLIC SERVICE, PROGRAMMED: An urban public service included in the capital improvements or service provision program of a municipality, taxing district, planned community provider, or a regulated public utility, scheduled in the relevant entity's capital improvements or service provision program for provision within five (5) years from approval of a planned community overlay district in which the urban public service will be provided.

URBAN PUBLIC SERVICES: Schools, natural and developed open space, library, electricity, telephone, water, wastewater, transportation, law enforcement, fire and paramedic services provided by a city, taxing district, a regulated public utility, or when located in a planned community base district, a provider as allowed by chapter 8 of this title.

URBAN SERVICE PLANNING AREA: The land area within an area of city impact where urban public facilities are available or planned, as provided and described in the city's comprehensive plan.

USED: Shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

VALUABLE MINERALS: A mineral substance that can be taken from the earth and that has a value in and of itself separate and apart from the earth and includes, but is not limited to, gravel, sand, clay, building stone, cinders, pumice, scoria, diatomaceous earth, quartz, limestone, marble, gold, silver, copper, lead, zinc, coal, and phosphate.

VARIANCE: A relief from development standards as allowed by this title and as enabled by Idaho Code section 67-6516.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn (e.g., travel trailers) upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks, as defined in Idaho Code section 49-123.

VEHICLE, COMMERCIAL: Any currently licensed and operable motor vehicle with a gross vehicle weight rating over twenty six thousand (26,000) pounds and as defined by Idaho Code section 49-123.

VEHICLE, INOPERABLE: A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the state of Idaho, as set forth in Idaho Code chapter 49.

VEHICLE SALES OR SERVICES:

   A.    Automobile Sales Or Service: The sale, trade, or lease of new or used passenger automobiles (including, but not limited to cars, sport utility vehicles, light duty trucks, and/or vans) in operating condition and any automobile repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune-up, and accessory sales of replacement parts. Any operation specified under automobile, major repair is excluded.

   B.    Recreational Vehicle Sales Or Service: The sale, trade, or lease of new or used recreational vehicles or personal recreation items in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under automobile, major repair is excluded.

VETERINARY OFFICE: See definition of Animal Clinic, Animal Hospital Or Veterinary Office.

VISION TRIANGLE: See definition of Clear Vision Triangle.

VOCATIONAL SCHOOL: See definition of School, Vocational Or Trade.

WAREHOUSE: A structure used primarily for storing materials including, but not limited to, goods, wares, merchandise, or vehicles.

WASTEWATER TREATMENT SYSTEM, INDIVIDUAL: An installation that collects and treats domestic wastewater from one property and uses, at a minimum, subsurface disposal of effluent and conforms to the rules, regulations, and adopted plans of the health authority.

WATERCOURSE: A natural or manmade channel or conveyance system carrying water. Watercourses may include, but not be limited to, rivers, creeks, streams, lakes, reservoirs, irrigation ditches, laterals, drains, sloughs, and canals. An on site irrigation distribution system or drainage ditch shall not be deemed a watercourse.

WELL HOUSE: A structure encasing a well used to provide domestic water.

WELL, ON SITE: A domestic well that serves one property, and is located on the property it serves.

WETLANDS: 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 condition. Wetlands generally include swamps, marshes, bogs, and similar areas.

WIND FACILITY: A wind energy conversion system that converts wind energy into electricity through the use of a wind driven turbine generator, consisting of one or more wind turbines or other such devices and their related or supporting facilities that produce electric power from wind.

WIND FACILITY, ROOFTOP: A wind facility mounted to a residential, agricultural, or accessory structure.

WIND FACILITY TOWER HEIGHT: The distance from the finished grade at the wind generation tower base to the highest point of the tower, including the base pad, mounting structures and blades, but not including lightning rods.

WINERY: An establishment for the manufacture or bottling of wine. A winery may include, but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, sale of wine, processing structure, and offices.

WORK: See definition of Substantial Amount Of Work.

YARD, FRONT: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.

YARD, FRONT PLANE: An area extending from the designated front of the dwelling (front door/garage) to the nearest street.

YARD, REAR: An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure.

YARD, REQUIRED: An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. (See section 8-4A-10 of this title for required yard exceptions.)

YARD, SIDE: An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure.

YEAR ROUND STREAM: Any stream that flows all year long during years of normal rainfall or any stream used by salmonids.

ZERO LOT LINE: The location of a structure on a lot in such a manner that one or more of the structure's sides rests directly on a lot line.

ZONING CERTIFICATE: A document issued by the Director that certifies that the structure or use meets the requirements of this title. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 560, 8-24-2004; amd. Ord. 591, 7-27-2005; amd. Ord. 592, 8-2-2005; amd. Ord. 675, 11-14-2007; amd. Ord. 692, 4-23-2008; amd. Ord. 699, 6-18-2008; amd. Ord. 713, 11-12-2008; amd. Ord. 726, 4-8-2009; amd. Ord. 731, 7-29-2009; amd. Ord. 738, 2-23-2010; amd. Ord. 755, 7-21-2010; amd. Ord. 763, 10-13-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 797, 4-24-2012; amd. Ord. 804, 11-14-2012; amd. Ord. 852, 3-2-2016; amd. Ord. 894, 1-9-2019; amd. Ord. 902, 10-2-2019)

 

Notes

1	1. IC § 55-2101.