For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
ABANDONED: To cease or discontinue use or activity for twelve (12) months.
ABUT OR ABUTTING: Having a contiguous border with the subject property.
ACCESSORY BUILDING: A secondary building located on the same lot, the use of which is incidental to the main building.
ADMINISTRATOR: An official, having knowledge in the principles and practices of zoning, who administers this title. The Bingham County Zoning Administrator.
ADVERSE IMPACT(S): Measurable increase in noise, light, odor, visual, or other measurable impacts that are detrimental to public health, safety, and/or welfare.
AFFECTED PERSON: One having an interest in real property that may be adversely affected by the issuance or denial of a permit.
AGRICULTURE: A tract of land that shall be used primarily for farming, pasturage, cultivation, animal or poultry husbandry, forestry, raising crops, fisheries, horticulture, and truck gardening. The operation of any accessory use shall be secondary and supportive to that of normal agricultural activity; and any incidental retailing of goods and products raised on the premises shall also be considered as being within the definition of agriculture.
AGRICULTURE BUILDING: A structure designed and constructed to house farm implements, hay, grain, potatoes, poultry, livestock or other horticulture products. This structure shall not be used as a place for human habitation, nor a place of employment where agriculture products are processed or packaged or a place used by the public. (Includes Ag-exempt structures.)
AIRPORT: Any area of land or water either public or private which is used, or intended for use, by aircraft and including the necessary accessory structures or facilities located thereon.
ALLOWED USE: Any use listed in chapter 5 of this title as a principal permitted or accessory use.
AMUSEMENT FACILITY, INDOOR: An enclosed facility used for public entertainment including, but not limited to, riding arena, bowling alleys, dance halls, theaters and skating rinks.
AMUSEMENT FACILITY, OUTDOOR: A site, which may contain accessory buildings, used for public entertainment including, but not limited to, golf courses, drive-in theaters, raceways, riding arenas and marinas.
ANIMAL, DANGEROUS: Any animal or species of animal determined by the State of Idaho to be a deleterious exotic animal as per Idaho Code section 25-3904, or likely to cause injury to a person or another animal as determined by law. (See also definition of zoo.)
ANIMAL UNIT: A measurement used to determine equivalent numbers of different animal species.
ANIMAL WASTE MANAGEMENT SYSTEM: A structure or system that provides for the collection, treatment or storage of animal excrement, feed wastes, process water, or any other waste associated with the confinement of animals.
APARTMENT: A room or suite of rooms in a multiple-unit dwelling which is arranged, designed or used as a single independent unit with a private kitchen and sanitary facility permanently installed.
APARTMENT HOUSE OR MULTIPLE-FAMILY USE: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as a home or residence of three (3) or more families living independently of each other and doing their own cooking in said building. Flats and apartments are included in this definition.
APPEAL: A request for review of a decision to a superior authority.
APPROACH: A connection between the outside edge of the shoulder or curb line and the abutting property at the highway right-of-way line, intended to provide access to and from said highway and the abutting property. An approach may include a driveway, alley, street, road or highway.
AREA OF CITY IMPACT: Those unincorporated areas surrounding incorporated cities within Bingham County as identified on the Official Impact Area Map as per Idaho Code section 67-6526.
AUTOMOBILE REPAIR GARAGE: Building used primarily for the repair, rebuilding or reconditioning of motor vehicles or parts thereof including body repair and painting.
AUTOMOBILE SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor accessories may be supplied and dispensed at retail and where minor repairs or replacements may be made along with the sale of beverages, packaged food, tobacco and similar convenience goods, as accessory and incidental to principal operations. Uses permitted at a service station do not include major mechanical and body work, painting, welding or vehicle wrecking yard.
AUTOMOBILE WRECKING YARD: See definition of vehicle wrecking yard.
AUTOMOBILES, BOATS, MANUFACTURED HOMES SALES LOT: Premises on which new and used passenger automobiles, trailers, boats, manufactured homes, and passenger cars, trucks and recreational vehicles in operating condition are displayed in the open for sale or trade.
BED AND BREAKFAST: A dwelling providing overnight sleeping accommodations and food service for compensation by patrons other than the owner or owner's family.
BLOCK: A parcel of land or group of lots entirely surrounded by public streets, streams, railroads, parks, a natural or artificial boundary line or combination thereof.
BOARD: The elected Governing Board of Bingham County, Idaho.
BOARDING HOUSE: A building other than a motel, hotel or restaurant where meals and/or lodging are provided for compensation to three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
BONA FIDE: Legitimate, made in good faith without fraud or deceit. Not stated, or used in order to circumvent provisions of this title.
BUFFER AREA: A portion of a development area in which walls or vegetation may be placed or an area of undeveloped land may be used for the protection, separation, or screening of the adjacent property from adverse effects of a land use.
BUILDABLE RESIDENTIAL PARCEL: A parcel of land described by metes and bounds meeting all requirements of this title as to division rights, size, frontage, setback and health regulations as applicable. Located within a zone approved for residences or as approved by the commission in conformance with this title.
BUILDING: Any structure with walls and roof affixed to the land and entirely separated on all sides from any other structure.
BUILDING, MAIN OR PRINCIPAL: A building other than an accessory building and used as authorized by this title.
BUILDING OFFICIAL: The officer or other designated authority charged with the enforcement of the adopted building and related codes for Bingham County.
BUILDING PERMIT: An official document or permit issued by the Building Department authorizing the commencement of construction.
BUILDING SETBACK LINE: A line established by law or agreement parallel to a property line beyond which a building or structure may not extend.
BULK PLANT: Any premises or land where storage tank(s) with a greater than five thousand (5,000) gallon capacity are used containing petroleum, chemical or dry cement products, if said products are then dispensed at retail or wholesale.
BUSINESS: 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 or use of offices for professions and trades rendering services.
CANAL: A large water delivery system diverting water directly from a river or other water source to lateral ditches used to irrigate land. They may be owned individually or by shareholders.
CANNERY: A place where the business of preserving foodstuff such as meat, fruit, and vegetables in sealed containers, is carried on for business, profit, or as a community cooperative.
CARPORT: A stationary structure consisting of a roof with its supports and not more than two (2) solid walls used for sheltering a motor vehicle.
CEMETERY: Land used or intended to be used for the burial and/or perpetual care of human or animal remains; and includes mausoleums, crematories, and mortuaries, if operated in connection with and within the boundaries of such cemetery.
CLINIC: A building other than a hospital or home occupation as herein defined, used by licensed physicians for the purpose of receiving and treating patients. Does not include veterinary clinic.
CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organization or by an organized association of persons for the exclusive use of members and their guests where periodic meetings may be held to promote common interests. This does not include any organization, group, or association, whose principal activity is to render a service usually and ordinarily carried on as a business.
COMMERCIAL: Any use involving the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use of offices by professions and trades rendering services.
COMMERCIAL MEAT PACKING FACILITY: Meat canning, curing, smoking, salting, packaging and freezing or other similar establishments in which meat products are so processed for sale to the retail trade, and where the inspection of meat, meat byproducts and meat food products are maintained. Does not include a slaughterhouse facility.
COMMERCIAL SLAUGHTERHOUSE: Slaughtering, meat canning, curing, smoking, salting, packaging, rendering, freezing or other similar establishments in which meat products are so processed for sale to the public and where inspection of meat and meat byproducts and meat food products are maintained.
COMMISSION: The appointed Planning and Zoning Commission of Bingham County, Idaho.
COMMUNITY SEWAGE DISPOSAL SYSTEM: A system where more than two (2) homes are connected to a common waste disposal system designed to accommodate connection to a Municipal collection and treatment system when reasonably available.
COMPREHENSIVE PLAN: A compilation of goals, policies, maps, and other data guiding the physical, social, and economic development, both public and private, of the County and its environs, as defined in the Idaho Local Land Use Planning Act, as amended or subsequently codified. May also be referred to as the "plan".
CONCESSION STANDS: A building, structure, vehicle or tent, having less than three hundred (300) square feet of area, that is used for the sale of food, beverages, fireworks, crafts and/or souvenirs on a temporary basis.
CONDITIONAL APPROVAL: An affirmative action by the Board indicating that approval will be forthcoming upon satisfaction of certain specific stipulations.
CONDITIONAL USE: Use of a structure or use of land permitted within a zone other than a principally permitted use that requires a conditional use permit and approval of the Board and may be subject to limitations and conditions (same as a special use permit).
CONFINED ANIMAL FEEDING OPERATION: See definition of feedlot, stockyard, livestock confinement operation, and section 10-7-10 of this title.
CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping, and sanitation, as required by the adopted Building Code and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery dormitory, fraternity, or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses.
CONTRACTOR: A person or firm who agrees to furnish materials or perform a service at a specific price. The term contractor shall include, but not be limited to, electrical, plumbing, landscaping, building, hauling or any other similar activities.
CONTRACTOR YARD: An area of land or premises surrounded by a sight obscuring fence and outside of an enclosed building that may be used by a contractor for storage of material or maintenance and incidental repair of machinery used for the business.
CONVENIENCE STORE: A small retail establishment that carries a wide variety of merchandise for the accommodation of those who live in the immediate vicinity.
COUNTY: Bingham County, Idaho, or its Governing Body.
COUNTY RECORDER: Clerk of Bingham County, Idaho.
COVENANT: A recorded document of written promise running with the ownership of a lot in a recorded plat. It may have time limits. (See definition of protective covenants.)
DAIRY: An operation whose principal function is production of milk including the buildings or feeding area where dairy animals are kept.
DAYCARE: Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child or children's own home. Types of daycare facilities are as follows:
Daycare Center: A place, home, building, or location providing care with organized plan and instructions, for more than thirteen (13) children of presecondary school age not residing on the same premises.
Family Daycare Center: A home, place, or facility providing daycare for six (6) or fewer children.
Group Daycare Facility: A home, place, facility providing for seven (7) to twelve (12) children.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes or by the recording of a plat showing such dedication. Dedicated land becomes public land upon the acceptance by the commission or other governmental unit.
DEVELOPER: The subdivider or authorized agent(s) of a subdivider.
DEVELOPMENT AGREEMENT: A contract between a developer and the Board which guarantees all development obligations relating to a subdivision and which is secured by a performance/surety bond or a lien against the real property therein.
DEVELOPMENT PLAN: A plan for the development of a large, unusual or complicated land area, the platting of which is expected in progressive stages that may include a planned unit development.
DISTRICT: An area or use designated on the Zoning Map in the nonincorporated territory of Bingham County with certain uniform regulations and requirements. (See chapter 4 of this title.)
DIVISION RIGHT: The ability to divide a parcel under the provisions of this title.
DOMESTIC LIVESTOCK: The raising of fowl, cattle, dairy animals, swine, sheep, goats, and other grazing animals being a normal farm livestock operation where the animals are pastured and fed grains. This includes, but is not limited to, the processing or storage for market the products produced on the premises and livestock that are not sufficient in number to qualify as a commercial livestock confinement operation.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units including condominiums; also called a multi-family dwelling.
DWELLING, SINGLE-FAMILY: A building separated from other buildings by open space and designated for use and occupancy by no more than one family.
DWELLING, TWO-FAMILY: A building designed for use and occupied exclusively by two (2) families living independently of each other; also called a "duplex".
DWELLING UNIT: A building, or portion thereof, containing one or more dwelling units and which complies with the structural requirements of the adopted Building Code. The term "dwelling" does not include any motel, hotel, or boarding house as defined herein.
EASEMENT: Recorded authorization by a property owner for the use of any designated part of their property by another for a specified purpose.
ENGINEER: Any person licensed by the State of Idaho to practice professional engineering.
FEEDLOT, STOCKYARD, LIVESTOCK CONFINEMENT OPERATION: Any parcel of land containing twenty (20) acres or less having greater than five (5) animal units per acre, or any parcel of land containing twenty (20) or more acres having a minimum of one hundred (100) animal units in a corral for more than one hundred eighty (180) days or more in any twelve (12) month period. All livestock shall use section 10-7-15 of this title for determining the appropriate animal unit equivalents.
FERTILIZER STORAGE (COMMERCIAL): A structure used to store liquid or dry fertilizer products for wholesale or retail; does not include farm storage for use solely on a farm.
FLOODPLAIN: The relatively flat area or low land adjoining the channel of a river, stream or other body of water which has been or may be covered by water of a flood of 100-year frequency as shown on FIRM map panels for Bingham County. The floodplain includes channel, floodway and floodway fringe designations.
FOUNDRY: An establishment used for melting, molding, and casting of metals.
FOWL: Chickens, ducks, geese, pheasants, partridge, guinea hens, turkeys, peacocks, or other similar domesticated birds.
FRONTAGE: Property width abutting an approved road.
GARAGE, PRIVATE: An attached or a detached building or a portion thereof in which motor vehicles, used by the tenant of the main building on the premises, are stored.
GARAGE, PUBLIC: An attached or detached building or structure or a portion thereof for the use by the public where motor vehicles are stored or parked.
GEOTHERMAL: The use of energy derived from heat generated in the interior of the earth.
GOVERNING AUTHORITY: The Board of County Commissioners, Bingham County, Idaho.
GRAIN MILL, COMMERCIAL: A building equipped with machinery for grinding grain into flour and other products; may also include storage silos if accessory to mill. This does not include farm, feedlot or dairy mills used exclusively for on the farm use.
GRAVEL PIT: See definition of mining.
GREENHOUSE: A building, room, or area in which the temperature is maintained within a desired range, used for cultivating tender plants or growing plants out of season.
HEALTH AUTHORITY: The officer or other designated authority charged with the administration and enforcement of the rules and regulations of the District Health Department of the State or the County.
HEALTH DEPARTMENT: The Southeastern Idaho Health Department.
HIGH WATER MARK: The water level corresponding to the line which the water impresses on the soil by covering it for periods of time.
HOME OCCUPATION: Any gainful operation, profession, or craft conducted or engaged in by an occupant of a dwelling, including, but not limited to, teaching music, dance, or other instructional classes that are not in conflict with the land use chart.
HOSPITAL: Any building used for inpatient accommodation and medical care of sick, injured, or infirm persons and including sanitariums, but does not include rest homes.
HOTEL: A commercial establishment offering lodging to travelers and sometimes to permanent residents; and often having restaurants, meeting rooms, stores, etc., that are available to the general public.
HOUSEHOLD PET: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries, and similar pets; does not include exotic animals that could be dangerous to the general public.
HUNTING PRESERVE: An area or facility used for hunting for which a fee may be charged, including, but not limited to, shooting preserve as defined by Idaho Code title 36, chapter 22, and cervidae ranches as defined by Idaho Code title 25, chapter 37 where the hunting of domestic cervidae is allowed.
IMPOUND YARD: Any lot or parcel of land, excluding a fully enclosed building, that is used for the storage or holding of vehicles or personal property, whether taken into custody of the law or other reasons.
INDUSTRIAL: The manufacture, processing, and testing of goods and materials, including the production of power. It does not refer to the growing of agriculture crops or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto.
INDUSTRY, HEAVY: Manufacturing and other industrial uses which are generally major operations and extensive in character requiring large sites, open storage and service areas, extensive services and facilities, and ready access to transportation. It may generate some nuisances such as smoke, noise, vibration, dust, or other commonly recognized offensive or hazardous conditions.
INDUSTRY, LIGHT: Manufacturing and other industrial uses which are usually controlled operations and which are relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor and dust, generally operating and storing within enclosed structures and generating little industrial traffic.
IRRIGATION FACILITIES: Canals, laterals, ditches, conduits, gates, pumps and allied equipment necessary for the supply, delivery and drainage of irrigation water.
JUNK: Discarded, used or secondhand materials, including, but not limited to, used machinery, scrap copper, brass, iron, steel or other ferrous or nonferrous metals, tools, appliances, implements, vehicles, or parts thereof, furniture, rags, glass, plastic, rubber, cordage, or building materials.
JUNKYARD: An establishment or parcel which is being maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard.
KENNEL: Any lot or premises or portion thereof on which more than four (4) dogs more than six (6) months of age are maintained, possessed, boarded or bred.
LAGOON: Lined or unlined earthen structure designed to treat effluent through biodegradation by bacteria.
LAND APPLICATION, COMMERCIAL: The spreading of wastewater, and/or liquid waste into or onto the soil mantle; does not include animal waste application.
LARGE LIVESTOCK: Cattle, dairy animals, swine, sheep, goats, horses, mules, llamas, emus, ostrich, or similar domesticated animals; does not include exotic animals, such as lions, bears, zebras, or reptiles.
LOADING SPACE, OFF STREET: An open off street area of land the principal use of which is for standing, loading and unloading of motor vehicles and tractors and trailers in order to avoid undue interference with public streets and alleys. The off loading space shall be considered over and above the off street parking space requirements.
LOT: A parcel of land described by metes and bounds or referenced to on a recorded plat of sufficient size to meet minimum zoning requirements.
LOT FRONTAGE: The front of a lot shall be construed to be that portion nearest the street. For the purpose of determining yard requirements on corner and through lots, all sides of a lot adjacent to roads shall be considered frontage and yards shall be defined herein.
LOT LINE: A line bounding the lot described in the deed or plat of the property.
LOT, MINIMUM AREA: The area of a lot that is computed inclusive of any deeded portion of the right-of-way of any public or private road. It is also inclusive of easements.
LOT OF RECORD: A lot that is described by metes and bounds and which has been recorded with the Office of the County Recorder prior to the adoption of this title.
LOT TYPES: Terminology used in this title with reference to types of lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more roads with an external angle of not more than one hundred thirty five degrees (135°).
Interior Lot: A lot with only one frontage on a road.
Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
Through Lot: A lot other than a corner lot with frontage on more than one road. Through lots abutting two (2) roads may be referred to as double frontage lots.
MACHINE SHOP (COMMERCIAL): A building where precision metal parts are manufactured or remanufactured; does not include a foundry.
MANUFACTURED HOME: A structure, meeting the Housing and Urban Development and Federal Housing Administration HUD/FHA Manufactured Home Standards (42 USC 5041), transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation. The structure does not have permanent attached wheels and axles and does not include motor homes, recreational travel trailers or truck campers, or mobile homes that do not meet HUD/FHA Standards.
MANUFACTURED HOME PARK: A parcel of land developed with individual spaces for siting more than two (2) manufactured homes to be leased or rented on a long term occupancy; does not include manufactured home subdivisions where lots are individually owned, dwellings for bona fide agricultural labor purposes or temporary second dwellings.
MANUFACTURING: The making of a product, especially by machinery, including assembling, fabricating, processing and refining (see definitions of industry, heavy and industry, light).
MINERAL EXPLORATION: Exploration only does not include extraction.
MINING: The extraction of sand, gravel, rocks, soil, or other material from the land and the removal thereof from the site. For the purposes of this title, mining shall not include the removal of excess materials in accordance with approved plats, utility and highway construction, normal farming practices, or sod removal.
MOBILE HOME: A trailer or structure manufactured in such a manner that an undercarriage is affixed to the structure for the purpose of enabling wheels and axle or axles to be affixed thereto whether such wheels and axle or axles are affixed or not, constructed prior to June 15, 1976 (pre-HUD).
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303.
MOTEL: A building or group of buildings on the same premises, whether detached, semidetached or attached containing guest rooms for sleeping independently. Also accessible with garage space or parking space located on the premises and designed for or intended to be used primarily for the accommodation of transient automobile travelers and which are rented by the day.
NATURAL RESOURCES: Land and/or water in a natural, unimproved state including that which may be growing on it or found in it. Natural resources include, but are not limited to, mineral deposits, timber, wind, geothermal, rangeland, watersheds, recreation areas and wildlife habitat.
NONCONFORMING USE: A lawful use of land or of a building that does not conform to the regulations of the zone, but existed prior to the enactment of this title.
NURSING/CONVALESCENT HOME: A building or facility, operated for profit or nonprofit, providing skilled nursing care and related medical services for two (2) or more individuals on a twenty four (24) hour basis, who are mentally ill, developmentally or physically disabled, or requiring care because of old age or other illness.
OCCUPANCY: The character or use of a building or premises.
OCCUPANCY, CHANGE OF: Any change in the character or use of a building or premises, not including change of tenants, proprietors, or occupants.
OFF STREET PARKING: The requirement of providing parking spaces for a use other than on a street.
OFFICE/PROFESSIONAL BUILDING: Any building or portion thereof except a home occupation designed or used for rendering the service(s) of a professional nature by architects, engineers, surveyors, doctors, dentists, lawyers, certified public accountants, consultants, and other similar practitioners.
OIL/GAS DEVELOPMENT: Exploration, extraction, processing or transportation of natural oil or gas resources is regulated by Idaho Code section 47-317.
OPEN SPACE: An area substantially open to the sky that may be on the same lot with a building. The area may include natural features, tennis courts, water areas, etc., or other areas that the commission deems permissive; does not include streets, parking areas or structures.
ORIGINAL PARCEL: A parcel of land that was legally recorded in the County Recorder's Office, excluding recorded subdivision plats, as of the effective date of the Idaho State Local Planning Act 1 .
PARCEL: A legally created ownership of real property, as defined in a recorded instrument, and is totally contained within any one section of land.
PARK AND RIDE FACILITY: Parking lots or structures located along public routes designed to encourage transfer from private vehicles to mass transit or to encourage carpooling for the purposes of commuting.
PARKING LOT, PRIVATE: An open, graded and surfaced area other than a street or public way to be used for the parking of passenger vehicles for occupants of a building or buildings for which the parking area is developed.
PARKING LOT, PUBLIC: An open graded and surfaced area other than a street or public way not developed in conjunction with a particular business or use, to be used by the public for the parking of vehicles.
PARKING SPACE: Usable space within a public or private parking area or building for the storage of a single automobile or commercial vehicle.
PEDESTRIANWAY: A public walk dedicated entirely through a block from street to street.
PERFORMANCE/SURETY BOND: A financial guarantee by a subdivider or developer with the County guaranteeing the completion of physical improvements according to plans and specifications, and/or the operation of said development according to the provisions required by the County. May also be required to ensure the reclamation of said development site as agreed to with the County. (See definition of development agreement.)
PERSONAL SERVICES: Any enterprise conducted for gain that primarily offers services to the general public such as shoe repair, barbershops, salons, and similar activities.
PLAN: The Comprehensive Plan of Bingham County, Idaho.
PLANNED UNIT DEVELOPMENT: An area of land with a variety of residential, commercial, industrial, or recreational uses developed under single ownership or control in a preplanned environment with more flexible standards such as lot size and setbacks, than those restrictions that would normally apply under these regulations.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of Bingham County. (See definition of commission.)
PLAT: The drawing, map or plan of a subdivision, Town site, cemetery or other tract of land or a replatting of such, including certifications, descriptions, dedications and approvals.
Final Plat: The final map, diagram, drawing or replat, containing all descriptions, provisions, certifications, and approvals concerning a subdivision in accordance with this title which has been accepted by the Board.
Predrawing: A drawing presented to the Board prior to the formal presentation of a preliminary plat. This drawing will contain those requirements as set forth in the subdivision requirements of chapter 14 of this title.
Preliminary Plat: The formal presentation by drawings, including descriptions, requirements and all other elements as required by this title. Upon acceptance by the commission and Board, a preliminary plat is the final document and is used as a guide for the preparation of the final plat.
Recorded Plat: A final plat that has been accepted by the Bingham County Recorder and filed for record.
PRIMARY DWELLING: The principal occupied dwelling on any lot that meets minimum health and safety provisions of this title and the Building Code. On a buildable residential lot, all other structures on the property shall be accessory to the primary dwelling. This dwelling may be a mobile or manufactured home but not an RV.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for professional services by medical practitioners, lawyers, architects, engineers, and similar professions.
PROPERTY LINE: An exterior line bounding all parcels described by deed(s) under a single ownership to adjoining parcels or roads.
PROPERTY LINE ADJUSTMENT: A realignment of a property line for the purpose of adjusting a boundary between properties. This adjustment may not create additional parcels nor reduce an existing parcel to less than the required size per zone. It shall not move or affect the location of any platted lot line.
PROTECTIVE COVENANTS: A recorded document of written promise running with the ownership of a lot within a recorded plat, or a restriction listed on the deed of a parcel outside of a recorded plat. This title does not regulate nor rely on these covenants for the basis of a decision before the commission or Board.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants, substations, transmission and distribution, water treatment plants, pumping stations, sewage disposal, emergency service buildings for ambulance, fire, police, rescue, telephone and other government or nongovernment owned or operated facilities, except landfills and mining activities.
QUASI-PUBLIC USES: Churches, Sunday schools, parochial or other schools, colleges, hospitals, cultural buildings, and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RACE TRACK: Structure or land or combination of land and structures used for the racing of animals or vehicles and may include accessory uses normally associated with this activity.
RECREATION, OUTDOOR: Activities related to the use of natural resources such as, but not limited to, hiking, fishing, hunting and boating which require no structures and create minimal disturbance to the land.
RECYCLING CENTER: A completely enclosed structure, not a junkyard or salvage yard, in which recoverable resource materials such as paper, glassware and metal cans are collected, sorted, crushed or bundled prior to shipment.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any change in structure such as would be required by additions to, or remodeling of, such structure.
RESERVE STRIP: A strip of land between a partial street and adjacent property that is reserved or held in public ownership for future street extension or widening. (See definition of right-of-way.)
RESIDENTIAL USE: A building or portion thereof designed exclusively for residential occupancy including one, two and multi-family dwellings, but not including hotels, motels, boarding houses, camp trailers, or motor homes, except on a temporary basis.
RESTAURANT: Any building or part thereof, other than a boarding house or a bed and breakfast establishment, where meals are provided for compensation including, but not limited to, a cafe, cafeteria, coffee shop, lunch room, tea room, and dining room.
RIGHT-OF-WAY: A roadway surface and its approved right-of-way open to the public and subject to the jurisdiction of a public roadway agency.
ROADSIDE STAND: A structure having less than three hundred (300) square feet of area designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
SALVAGE YARD: An outdoor space where junk, waste, discarded or salvage materials are stored, handled, sold, baled, packed, disassembled, or exchanged, including automobile wrecking yards, house wrecking yards, used lumber and places or yards for storage of salvaged building and structural steel materials and equipment. Excluded are:
A. Places where such uses are conducted entirely within an enclosed building;
B. Yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition; or used furniture, household equipment; and
C. Those for the processing of used, discarded or salvaged material as part of a permitted manufacturing operation on the same premises.
SANITARY RESTRICTIONS: The requirement that no building or shelter which will require a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located shall be erected until written approval is first obtained from the Health Department.
SCHOOL: An institution conducting regular academic instruction or trade skills.
SCREEN PLANTING: Landscaping used to screen an area for privacy, to block an objectionable view, or to serve as a natural boundary or border.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures by the front, side or rear yard requirements of this title or by delineation on a recorded subdivision.
SIDEWALK: That portion of the road right-of-way outside the roadway that is improved for the use of pedestrian traffic.
SIGN: Any device, name, emblem, identification, trademark, illustration, painted on or represented directly or indirectly, freestanding or attached, designed to inform or attract the attention of persons not on the premises.
SITE PLAN: A scale drawing showing proposed uses and structure placement on a parcel of land as required by the applicable regulations. It includes lot lines, property lines, lot area, streets, parking spaces, all roadways, walkways, topographic, open space, major landscape features and location of proposed utility easements.
SPORT SHOOTING RANGE: An area or facility used for sport shooting for which a fee may be charged; as defined by Idaho Code section 55-2604.
STABLE, PRIVATE: A detached accessory building or structure for the keeping of animals owned by the occupant of the premises and not to be used for hire or rental.
STABLE, RIDING: A detached accessory building or structure to be used for the boarding or care of horses, other than those of the occupant of the premises, for a fee and may include a riding arena.
STACKING LANE: An area of stacking spaces and driving lane provided for vehicles waiting for drive-up service, which is physically separated from other traffic and pedestrian circulation on the site.
STORAGE FACILITY, SELF-SERVICE: A structure or group of structures with a controlled access that contains individual, compartmentalized, or controlled units that are leased or sold to store various items.
STREAM/WATERWAY SETBACK: The distance from the outer edge of a natural waterway on which no structure may be placed.
STREET: A dedicated right-of-way that provides vehicular and pedestrian access to adjacent properties and officially accepted by the Commissioners, including:
Alley: Provides secondary access at the back or side of a property otherwise abutting a street.
Arterial: Provides traffic access from various traffic generators.
Collector: Carries traffic from local streets to other collectors and/or arteries.
Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround at its terminus.
Local: Provides access to abutting properties.
Private: A street that is not accepted for public use or maintenance that provides vehicular and pedestrian access.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Structures include, but are not limited to, buildings, manufactured homes, broadcast towers, walls, fences over six feet (6') in height, and billboards. Structures, for the purpose of this title, do not include road structures including, but not limited to, bridges and overpasses.
SUBDIVIDER: Any individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for a subdivision of land in accordance with the provisions of this title.
SUBDIVIDING: The act of dividing a lot, tract or parcel into two (2) or more lots, parcels or tracts for the purpose of sale or building development, whether immediate or future. A subdivision as defined by Idaho Code section 50-1301(17) is regulated under chapter 14 of this title.
SURVEYOR: Any person who is licensed by the State as a public land surveyor to do professional surveying.
TANNERY/RENDERING PLANT: A place or building where skins and hides are tanned or that renders and processes livestock carcasses into tallow, hides, fertilizer, etc.
TAVERN/LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TRANSMISSION LINE (POWER): Those lines carrying more than one hundred fifteen (115) kV of electricity from a power generation site to a substation or service area, including towers or poles that are generally more than forty feet (40') in height.
TRAVEL TRAILER/MOTOR HOME: A vehicle equipped with wheels for highway use that is intended for temporary human occupancy and is used for vacation, travel or recreational purposes not as a primary long term residence; may also be referred to as a recreational vehicle or RV.
TRAVEL TRAILER/MOTOR HOME PARK: An area that accommodates the temporary parking of two (2) or more travel trailers, campers and motorized coaches for short term occupancy.
USE: The specific purpose for which land or a building is designated, arranged, or intended.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater and similar facilities providing service to and use by the public.
VARIANCE: A modification of the bulk and placement requirements of this title as to size, coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon a parcel, or the size thereof.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a public street system, excepting travel trailers or any device moved by human power or used exclusively upon stationary rails or tracks as defined in 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 roadways and highways in the State of Idaho as set forth in Idaho Code.
VEHICLE WRECKING YARD: Premises or land, excluding fully enclosed buildings, on which five (5) or more inoperable or dismantled vehicles are within a sight obscuring fence or where two (2) or more inoperable or dismantled motor vehicles are standing without a sight obscuring fence for more than thirty (30) days; or on which used motor vehicle parts are dismantled, stored or salvaged. (See definition of salvage yard.)
VETERINARY CLINIC: Any building or portion thereof designed or used for the care and treatment of cats, dogs, sheep, cattle, horses, or any other animals on which veterinary services are performed. This may include clipping, bathing, boarding, and other services rendered to such animals and pets. Boarding for the treatment, observation, recuperation, and/or for boarding that is incidental to the primary activity.
VICINITY MAP: A drawing showing the location of a tract of land in relation to a larger area.
WALKWAY: A public way, four feet (4') or more in width, limited to pedestrian use whether or not along the side of a road.
WAREHOUSE: A building where wares or goods are stored before distribution or are kept in reserve.
WATERCOURSE: A natural or manmade channel or conveyance system carrying water. A watercourse does not include on site irrigation distribution system.
WETLANDS: Those areas inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands usually include swamps, marshes, bogs, and similar areas as identified by the Army Corps of Engineers or their designated agent; does not include canals, ditches or ponds used for seasonal irrigation purposes.
WILDLIFE PRESERVE: A parcel of land whose primary purpose is a habitat for wild animals, indigenous to Idaho. Wildlife preserves are confined, private areas and do not include State of Idaho wildlife management areas or unconfined lands that are wildlife habitat.
WIND TURBINE: A mechanical device that converts wind energy into power. See section 10-7-44 of this title.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward. Accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
ZONING MAP: The Official Bingham County Zoning Map as referred to in this title and adopted by the County designating the various use zones.
ZONING PERMIT: A certification that the proposed construction, development or use complies with applicable zoning established by the County.
ZOO: A site/structure where wild, dangerous, exotic and/or domestic animals are kept for public showing. Zoos shall be regulated under Idaho Code title 25, chapter 39. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
Notes
| 1 | 1. IC § 67-6501 et seq. |