For the purposes of this title, certain terms and words used herein shall be interpreted as follows:
A. "Lot" includes the words "plot" or "parcel" or "tract".
B. "Person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
C. "Shall" is mandatory; "may" is permissive; and "should" is a preferred requirement.
D. "Used" or "occupied" includes the words "intended", "designated" or "arranged to be used" or "occupied".
E. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
F. Terms used in this title, but which are not defined herein, shall be construed as defined in the Idaho Code, or Webster's New Collegiate Dictionary.
For the purposes of this title, the following words and terms, and their derivations, shall have the meanings given herein:
ACCESSORY BUILDING OR STRUCTURE: A detached subordinate building or structure, the use of which is customarily incidental to that of the main building(s) or use(s) on the same lot. Portable storage container, as defined in this section, shall not be included in the definition of accessory building or structure.
ACCESSORY LIVING UNIT: A building or portion(s) of a building, located on the same lot, but separate from the principal dwelling with habitable space and any combination of sink, toilet, kitchen, or bathing facility that could enable the residential occupation of the structure or portion of the structure. A garage, shop or storage building with a toilet and a sink shall not be considered an accessory living unit.
ACCESSORY USE: On the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADMINISTRATOR: Mayor of the City, who shall have the authority to delegate Code administration to an employee or contractor of the City with appropriate skills and experience for the task, also as defined at subsection 1-6-6B8 of this Code.
AGRICULTURAL USES: Uses producing field crops, including, but not limited to, grains, feed crops, fruits, and vegetables.
ALLEY: An unnamed public right-of-way, twenty feet (20') or less in width, that is primarily designed to serve as secondary access to the rear or side of those properties whose principal means of access is via an abutting public street.
ALTERATION OR ALTERED: Any change or modification in the construction of a building or structure, other than for repairs.
AUTO WRECKING, JUNK, AND/OR SALVAGE YARDS:
A. Any area, lot, land, parcel, building, structure, or part thereof, where waste, garbage, discarded or salvaged materials are exchanged, handled, bought, sold, baled, packed, stripped, stored, dumped, or disassembled, including, but not limited to, inoperable vehicles, machines, or remnants thereof, and/or metals, paper, rags, tires, and bottles.
B. The following uses shall not be considered to be an "auto wrecking, junk, and/or salvage yard" when all activity, storage, odor, and noise is confined wholly within an enclosed building, and within a zone which allows such a use:
1. The private, noncommercial storage of inoperable vehicles and remnants thereof;
2. Pawnshops, secondhand stores, and used furniture stores;
3. Open sales lots for the sale of new and used vehicles and machinery which are in operable condition; or
4. Vehicle towing services and auto and/or body repair establishments which do not store inoperable vehicles for more than ninety (90) days.
AUTOMOTIVE REPAIR: The repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
BED AND BREAKFAST INN: A residence where sleeping, bathing and toilet accommodations and one or more meals daily for one or more persons, are provided for hire on a daily or weekly basis, and where the living spaces of the residents are shared by the paying guests. Such facilities shall not have more than five (5) bedrooms available for paying guests.
BUILDING: Anything constructed having a roof supported by columns or walls for the purpose of housing, shelter, or enclosure.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS OR COMMERCE: The purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices or professions and trades rendering services.
CENTERLINE (Of Street): The center of the public right-of-way as established by the City Council or the City's Engineer.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the City Council, including such things as the general location and extent of present and proposed physical facilities including housing, commercial and industrial uses, major transportation routes, parks, schools, and other community facilities.
COUNCIL: The duly constituted legislative authority of the City, being the City Council.
COVERAGE: The ground area occupied by any building or structure not completely open to the sky.
DAYCARE CENTER: A facility operated by a person, corporation, or association in which less than twenty four (24) hour per day nonmedical care and supervision is provided, outside the home, for minor children or elderly persons, provided such facility is licensed by the State. This definition includes the following:
A. Family Daycare Home: Providing for the care of six (6) or fewer children or elderly persons within a residence, pursuant to the terms listed above, where only family members operate the facility (i.e., no outside employees);
B. Group Daycare Center: Providing for the care of between seven (7) and twelve (12) children or elderly persons within a residence, pursuant to the terms listed above, where only family members operate the facility (i.e., no outside employees); and
C. Daycare Center: Providing for the care of thirteen (13) or more children or elderly persons within a residence, pursuant to the terms listed above, where only family members operate the facility (i.e., no outside employees).
DENSITY: A unit of measure pertaining to the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including public and/or private rights-of- way.
Net Density: The number of dwelling units per acre of land, wherein the acreage involved includes only the land devoted to residential uses, and which excludes public and/or private rights-of-way, and other nonresidential uses.
DETACHED: Any building or structure separated by at least five feet (5') in horizontal distance from any other building or structure.
DWELLING: A building, or any portion thereof, designed exclusively for residential purposes, including single, duplex, and multiple-family residential dwellings, but not including hotels, motels, and other places without individual kitchen facilities.
DWELLING, DUPLEX: A building designed for occupancy by two (2) persons or households living independently of each other.
DWELLING, MULTI-FAMILY: A building designed for occupancy by three (3) or more persons or households living independently of each other.
DWELLING, SINGLE-FAMILY: A building designed for occupancy exclusively by one person or household, including supervised housing for special needs populations as defined in Idaho Code section 67-6531.
DWELLING UNIT: A single housekeeping unit providing complete, independent living facilities for one person or household, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT: Authorization, by a property owner, for the use by another individual or public agency, for a specified purpose, of any designated part of said owner's property.
ENLARGED: An increase in floor area or height of a building or structure.
FAMILY: One or more persons, but not more than four (4) unrelated persons, whether or not related to each other by blood or marriage, occupying a single dwelling unit and using common cooking facilities.
FENCE: A barrier composed of posts or piers connected by boards, rails, panels or wire, or a masonry wall, designed for the purpose of enclosing space or separating parcels of land. Fences shall be constructed with traditional fencing materials such as wood, vinyl, wire or wire mesh and shall not be constructed out of used pallets, tires, metal siding or roofing material, or similar materials not commonly used for fencing. "Fence" does not include retaining walls.
FRONTAGE: That portion of a lot which abuts a public street.
GARAGE, PRIVATE: An accessory building or an accessory portion of the main building, designed and/or used for shelter or storage of automobiles, boats, and/or other vehicles owned and operated by the occupants of the main building.
GROSS FLOOR AREA: The sum of the gross horizontal areas within the surrounding walls of the several floors of a building, including interior balconies and mezzanines, but not including exterior terraces and exterior stairs.
HEIGHT: The vertical dimension from the lowest point of the building, structure, or fence exposed above the ground surface, to the highest point of the roof, parapet, or other uppermost part. Chimneys, vents, or utility service connections shall not be included in the measurement of height.
HOME OCCUPATION: An occupation carried on entirely within a residence or a residential accessory building, which is clearly incidental to the use of the residence as a dwelling, employs no more than two (2) people that do not reside in the dwelling on- site, and does not change the residential character of the premises.
HOTEL OR MOTEL: A building containing guest rooms where lodging, with or without meals, is provided for compensation, and where no provision is made for cooking in any individual room or suite. A facility containing five (5) or fewer guest rooms may be construed to be a bed and breakfast inn.
HOUSEHOLD: All the persons who occupy a single residential dwelling unit.
IMPERVIOUS SURFACES: Those areas defined as "coverage" plus those additional areas occupied by driveways, walkways, parking lots, steps and landings, patios, and the like, all such additional surfaces not defined as "coverage" and being uncovered and open to the sky.
INOPERABLE: When a vehicle or machine does not function as it was originally designed because an essential component has stopped functioning properly, is missing, or absent.
KENNEL: A place where four (4) or more adult dogs or cats, or any combination thereof, are kept or boarded. An adult dog or cat shall be construed to mean an animal of either sex, altered or unaltered, that has reached the age of six (6) months. Other domesticated animals commonly construed to fall under the generalized term of household pets shall also be subject to this definition (e.g., ferrets, guinea pigs, mice, etc.).
LOADING AND UNLOADING SPACE, OFF STREET: An open off street area of land, not on a public street or other public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, situated so as to avoid undue interference with travel on public streets and alleys.
LOT: A parcel of land containing at least the minimum sufficient size to meet zoning requirements for use, coverage, area, and yards. Such lot shall have frontage on an improved public street. Such lot may consist of: a single lot of record; a portion of a lot of record; a combination of complete and/or partial lots of record; or a parcel of land described by metes and bounds. No division or combination of parcels of land shall be created which does not adhere to the minimum lot area standards of this title.
LOT AREA: The total horizontal square footage area within the boundary lines of a lot.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT COVERAGE: The portion of a lot, stated in terms of percentage, which is covered by all buildings, and/or structures or paved surfaces. This shall be deemed to include all buildings, porches, breezeways, patio roofs and the like, whether open box type or lathe roofs, or fully roofed, but shall not be deemed to include fences, or walls, or swimming pools. It shall also include all surfaces with concrete or asphalt paving, such as patios, driveways, parking lots and sidewalks when surfaced with pavement. Gravel surfaces, bricks, pavers, and similar "hard" surfaces shall not be included in lot coverage calculations.
LOT DEPTH: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear of a lot.
LOT, INTERIOR: A lot, other than a corner or through lot, with frontage only on one street, other than an alley.
LOT LINE: Any ownership line defining the external limits of a lot, including the street right-of-way line of any street abutting such lot.
LOT LINE, FRONT: For interior lots, the lot line abutting a street. For a corner lot or a through (double frontage) lot, the front lot line shall be determined by the City, and shall take into consideration the lengths of the lot lines abutting streets, and the predominant street fronting orientation of surrounding properties.
LOT LINE, REAR: The lot line opposite and farthest from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, being not less than ten feet (10') long and wholly contained within the lot.
LOT LINE, SIDE: Any lot line other than a front or rear lot line. In the case of a corner lot, the lot line abutting the side street shall be known as the "flanking street lot line". All other side lot lines shall be known as the "interior side lot lines".
LOT OF RECORD: A lot which is part of a subdivision recorded in the Office of the County Recorder, or a parcel described by metes and bounds, the description of which has been duly recorded with the County Recorder.
LOT, THROUGH: A lot, other than a corner lot or interior lot, with frontage on more than one street, other than an alley, and which may also be referred to as a "double frontage lot".
LOT WIDTH: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where the eighty percent (80%) requirement shall not apply.
MANUFACTURED HOME: A structure constructed after June 15, 1976, in accordance with the HUD Manufactured Home Construction and Safety Standards, and is transportable in one or more sections, which, in travelling mode is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq.
MOBILE HOME: A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.
MOBILE HOME/MANUFACTURED HOME COURT OR PARK: A parcel of land or premises under unified ownership or management which has been planned, designed, and constructed for the placement of owner occupied, leased, or rented independent manufactured homes, mobile homes, or modular homes for use as single-family, detached, one-story residences on individual rented or leased spaces, including any land, buildings, structures, or facilities used by occupants of such premises. Such uses are regulated as nonconforming in accordance with chapter 14 of this title. Individual structures within such courts or parks shall be regulated under subsection 8-10-2B of this title. This Code makes no specific provision for the creation of new mobile home/manufactured home courts or parks. Such parks may be permitted through the planned unit development and/or subdivision processes.
MODULAR HOME: Any prefabricated unit (constructed off site), intended to be a dwelling unit or intended to house a nonresidential use, designed to be used with a permanent foundation, has been equipped with built-in utility and service connections, which is movable in two (2) or more parts by a separate mode of transportation.
NONCONFORMING: A building, structure, or portion thereof, or use of a building or land which lawfully existed and was not unlawfully used before the effective date of the requirement to which it does not conform.
OCCUPANCY: The purpose for which a building is used or intended to be used. For the purposes of this title, a change of occupancy is not intended to include change of tenants or proprietors, but is intended to indicate a change in the type of use.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, and any other recreational facilities that the City deems permissible. Streets, parking areas, structures for habitation, and the like, shall not be included.
PARKING AREA OR LOT: An area, other than a street, alley, or right-of-way, used for the parking or storage of one or more vehicles. Such area shall be graded and surfaced for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE: An area accessible and available for the parking of one motor vehicle, within a public or private parking area or a building, having minimum dimensions of nine feet (9') in width by twenty feet (20') in depth, exclusive of access drives, aisles, or ramps for the storage of one passenger automobile or commercial vehicle, other than a vehicle for sale, lease, or rent, exclusive of areas intended for other uses and of physical obstructions.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a developer, person, or subdivider, with the City, guaranteeing the completion of physical improvements according to plans and specifications, within the time prescribed by the agreement set forth in the bond documents.
PERSONAL SERVICE: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.
PLAT: A map or representation of a subdivision or division of land into lots, blocks, tracts, streets, roads, alleys, etc., to be filed as a public document of record.
POLITICAL SUBDIVISION: Any county, city, municipal corporation, health district, school district, irrigation district, special improvement or taxing district, or any other political subdivision or public corporation organized and existing by virtue of the laws of the State of Idaho.
PORTABLE STORAGE CONTAINER: A railroad car, truck cargo container or trailer, or shipping container that is transported to a location for storage or any other purpose.
PRINCIPAL USE: The specific purpose for which a lot or parcel is arranged, intended, designed, occupied or maintained.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, urban planners, architects, engineers, and similar professions.
PUBLIC OR QUASI-PUBLIC UTILITY: Any use of land by a governmental agency, or by any person, firm, or corporation licensed or franchised by such a government agency, involving the transportation or transmission of materials, signals, or electrical energy by vehicle or through conduit, wire, pipe, or similar device. Typical examples include water systems, sanitary sewer systems, electricity and natural gas services, television or telephone systems, refuse collection, and public transportation services.
PUBLIC USE: Any use of land by a Federal, State, County, or local government agency, including a special purpose district.
QUASI-PUBLIC USE: Churches and other houses of religious worship, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.
RECREATIONAL VEHICLE: A portable vehicular unit or structure used primarily for vacations, extended travel, camping, and sports. Recreational vehicles (RVs) may be self-propelled or towed. RVs may include, but are not limited to, motor homes, converted buses, pickup campers, and travel trailers.
RECREATIONAL VEHICLE PARK: A parcel of land upon which two (2) or more recreational vehicles are located, established, or maintained for occupancy of recreational vehicles by the general public as temporary living quarters for recreation or vacation purposes.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
RESTAURANT: An establishment which is engaged in the business of preparing and serving food for consumption on the premises or "to-go".
RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, gutters, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment), such as grade separation, landscaped areas, viaducts, and bridges.
ROOF: A part of a building completely covering any portion of such building and permanently attached, but excluding chimneys, antennas, vents, and mechanical equipment.
SCHOOL: An organization specializing in the instruction of students.
SCHOOL, PRIVATE: An organization specializing in the instruction of students, not operated by a local governmental entity but operated by a private person or entity.
SCHOOL, PUBLIC: A free, tax supported school controlled by a local government authority.
SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail, plus motor vehicle repairs made.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in this title.
SIGN: Any structure or natural object, such as a tree, rock, bush, and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city, or other political unit.
SPECIAL (OR CONDITIONAL) USE: A use, other than a principal permitted use, which, because of its characteristics, may be authorized within a particular zone through the issuance of a specific permit by the City Council, which permit will specify conditions and design requirements to assure compatibility of the use within the zone and its surroundings.
STREET: A right-of-way, more than twenty feet (20') in width, which has been dedicated to the public and designated for public use as a street, and which affords a primary means of vehicular and pedestrian access to abutting property. The term "street" also includes the terms "highway", "thoroughfare", "parkway", "road", "avenue", "boulevard", "lane", "place", and other such terms.
STREET CLASSIFICATIONS:
Arterial: Primary through traffic and commercial traffic streets which connect the City's street system to the State's network of regional highways.
Collector: Travel routes which collect traffic from local access streets (where the land access function is dominant), and channel it to the network of arterials (where service to through traffic is dominant).
Local Access: Streets whose most important function is to provide direct access to abutting lands and which are tributary to the system of collector streets.
STREET, PRIVATE: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access to abutting lands.
STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. "Structures" include buildings, manufactured and mobile homes, walls and fences, billboards and poster panels.
SUBDIVISION: The division of land into lots, parcels, tracts, or sites for purposes of sale or lease, whether immediate or future, and shall include a redivision of land or future division.
USE: The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE: An authorized relaxation of the terms of this title where such variance will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, the literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area, and size of structures, or size of yards and open space, or size of parking spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in a zone.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding of small animals that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means, the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a street.
YARD: A required open space unoccupied and unobstructed by any structure or portion of a structure from the ground upward; provided, however, that fences may be permitted in yards subject to the limitations set forth in this title.
YARD, FRONT: A yard extending between side lot lines across the front of the lot and abutting the front property line. Depth of required front yards shall be measured at right angles to the property line. In the case of through lots, the front yard shall apply to both street frontages.
YARD, REAR: A yard extending across the rear of the lot between side lot lines. In the case of through lots, there will be no rear yard. Depth of required rear yards shall be measured at right angles to the property line.
YARD, SIDE: A yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of a corner lot, the side yard will apply only to the interior side property line. Width of required side yards shall be measured at right angles to the property line.
ZONING PERMIT: A document issued by the City Clerk authorizing the uses of land and structures, and the characteristics of the uses. (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020; Ord. 432, 4-20-2021; Ord. 442, - -2023)