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As used in this title, each of the terms defined shall have the meaning given in this section, unless a different meaning is clearly required by the context. All words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise; the word "building" shall include the word "structure"; and the word "shall" is mandatory, not directory.
ACCESS: The place, means or way by which pedestrians or vehicles shall have safe, adequate and usable ingress and egress to a property, use or parking space.
ACCESS AISLE: An accessible pedestrian space between elements, such as parking spaces, seating and desks that provides clearances appropriate for use of the elements by physically disabled people.
ACCESSIBLE: Describes a site, building, facility, or a portion thereof, that can be approached, entered and used by physically disabled people.
ACCESSIBLE ROUTE: A continuous, unobstructed path connecting all accessible elements and spaces in a building or facility. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts.
ACCESSORY BUILDING: See definition of Building, Accessory.
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises that does not alter the essential characteristic of the use considered as a whole and as related to other uses permitted in the same district.
ACCESSWAY: An unobstructed way of specified width containing a drive or roadway that provides vehicular access within a mobile home park and connects to a public street.
ADMINISTRATION, PLANNING: See definition of Director, Planning.
ADULT BOOKSTORE: Any premises in which the dissemination, sale or rental of books, magazines, newspapers, movie films, videotapes, devices, slides or other photographic or written reproduction showing specified sexual activities: a) human genitals in a state of sexual stimulation or arousal; and b) explicit acts of human masturbation, sexual intercourse or sodomy is conducted as a principal use of the premises, or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises. This definition does not apply to the availability for sale of any material displayed in such a way that only the name of the material appears to the public and does not include specified sexual activities on either cover of the material that is open to public viewing.
ADULT DAY FACILITY: Any facility where adults regularly receive care, maintenance and supervision, unaccompanied by a guardian or custodian, regardless of whether the facility provides any instruction. The use excludes: a) care of operator's legal wards or relatives; b) occasional personal guests; and c) any facility providing overnight custodial services for lodging and/or boarding.
ADULT MOTION PICTURE THEATER: Any premises in which motion pictures, slides, videotapes or similar photographic reproductions showing specified sexual activities: a) human genitals in a state of sexual stimulation or arousal; b) explicit acts of human masturbation, sexual intercourse or sodomy are shown to an audience that pays a fee or other consideration for the viewing. Such a use is regarded as the principal use of the premises.
ADULT PERFORMANCES BUSINESS: Any premises in which primary entertainment consists of the actions or performances of actors, employees or other persons portraying conduct described in the definition of "adult bookstore", and in which such entertainment is the principal use of the premises or an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises, and wherein fees of any kind are charged, and where such entertainment is conducted on a regular basis. Such a use is to be regarded as a principal use for the purposes of the regulations contained in this title.
AGRICULTURE: Tilling of soil, aquaculture, raising crops, livestock, farming, dairying and animal husbandry, including all uses customarily accessory and incidental thereto; but excluding hogs, slaughterhouses, fertilizer works, boneyards and commercial feedlots.
AIR RIGHTS: The rights to use the space above a property as a separate negotiable part of the property that can be sold or leased independently. The air rights can be utilized in two (2) ways: a) for a separate development over and above the existing use or structure; or b) as transferable development rights for development above another property. Air rights projects often involve the utilization of surplus air space above public or quasi-public structures such as streets, highways, railroads and railroad yards. The technique of transferring air rights to another property is sometimes utilized to preserve historic landmarks in densely occupied urban areas. Condemnation or purchase of air rights is also used to preserve approach safety for designed areas around airports.
AIRPORT: Any area of land or water that is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
ALLEY: A public way providing the secondary means of access to abutting property and not intended as a traffic thoroughfare.
ALTERATIONS, STRUCTURAL: Any change, other than incidental repairs, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.
ALTERNATE HEARING PROCEDURE: In the event a hearing request would involve notification of two hundred (200) or more property owners or residents, notice of such application and hearing thereon may be given in lieu of notice by mail, in the following manner: by commercial advertisement published for three (3) consecutive issues in the official newspaper or paper of general circulation within the city, the first of such publications not to be less than fifteen (15) days prior to the date set for hearing on said application, which advertisement shall not be less than three inches by six inches (3" x 6") in size.
ANNEXATION: The process by which the city's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code section 50-222.
APARTMENT: A room or suite of rooms in a multiple-family structure that is arranged, designed or used as a single housekeeping unit, including complete kitchen and sanitary facilities permanently installed.
APARTMENT, HIGH RISE: A multiple-family building having floors used for human occupancy located more than seventy five feet (75') above the lower level of fire department vehicle access.
APPEAL: A request for a review of any decision or interpretation of any provision of this title.
AREA OF CITY IMPACT: Idaho Code section 67-6526, the local planning act, requires that cities and counties adopt a map identifying an area of city impact within the unincorporated area of the county. The area of city impact shall be defined considering the trade area of the city, geographic factors and areas that can be reasonably expected to be annexed to the city in the future. The enabling legislation provides three (3) options of planning and regulating development within the area of the city impact, including exclusive use of the city plan and ordinances, exclusive uses of the county plan and ordinances, or application of any mutually agreed upon plan and ordinance.
ATTACHED: Anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling or a fully enclosed hallway.
AUTOMOBILE SERVICE STATION: Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and lubrication oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor motor vehicle repairs.
AUTOMOBILE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which one or more motor vehicles not in operating condition are standing more than thirty (30) days or on which used motor vehicles, or parts, thereof, are dismantled or stored.
AWNING: A projecting cover extending over a door, window or wall section with supports attached to the building and used as cover, protection, or as decoration.
BACKYARD COMPOSTING: The activity of decomposing organic matter generated on any area of land or lot by a homeowner, tenant, occupant or property owner. Backyard composting shall process materials generated primarily on site. Backyard composting shall be operated in a nuisance free manner. No commercial purpose may be associated with backyard composting.
BALCONY: A platform enclosed by a parapet or a railing, projecting from an exterior wall of a building and open to the sky.
BASEMENT: The story or level of a building that is partially or totally below ground level.
BED AND BREAKFAST FACILITY: A type of hotel providing overnight accommodations and breakfast food service. If designed to accommodate twelve (12) or fewer guests, it shall be considered a type of boarding or rooming house rather than a hotel.
BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser, excluding alleys.
BOARDING HOUSE: See definition of House, Boarding Or Rooming.
BOOKSTORE, ADULT: See definition of Adult Bookstore.
BUFFER AREAS (ZONES): A parcel of land established to separate incompatible adjacent land uses, such as a commercial use and a residential use. The area may be only ten feet (10') to twenty five feet (25') wide, and include walls, fences, screen plantings, or earthen mounds (berms) to insulate the adjoining properties from noise, traffic or visual intrusions. Some ordinances require commercial and industrial districts to install a buffer area wherever the property line abuts a residential district. The term may also be used more broadly to describe any zone that separates two (2) unlike zones, such as a transitional multiple-family or professional business zone between the central business district and a single-family zone. (Related term: Transitional Uses.)
BUILDABLE AREA: The space within the setback lines remaining on a lot after the minimum open space requirements of this title have been complied with.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, that is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY: A building that is subordinate to, and the use of which is incidental to, that of the principal building or use on the same lot; but not including any building containing a "dwelling unit", as defined in this section.
BUILDING, COMPLETELY ENCLOSED: A building enclosed by a permanent roof and by exterior walls pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building located on its own lot and physically separated from other buildings by required yards and/or open space.
BUILDING, EXISTING: Any building erected prior to the effective date hereof, or one for which a legal building permit has been issued.
BUILDING, GOVERNMENT: A building owned or used by the Federal, State, County or City government, or any political subdivision, agency or instrumentality thereof.
BUILDING, NONCONFORMING: Any building that does not conform to the requirements of this title.
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot upon which it is situated. Every dwelling in any residential district is a principal building.
BULK: The term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the centerlines of the streets, to other walls of the same building and to other buildings or structures; and to all open spaces relating to the building or structure.
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 and use for offices or professions and trades rendering services.
BUSINESS IMPROVEMENT DISTRICT: Idaho Code section 50-2601 et seq., authorizes incorporated cities to create business improvement districts. The purpose of these districts includes the creation and maintenance of parking facilities, operation of transportation services, general physical improvements and the general promotion of retail trades and/or public events held within the districts. The City may levy special assessments on all benefiting businesses located within the district in order to finance eligible activities.
CANOPY: A permanent rooflike shelter extending from part or all of a building face and constructed of some durable material such as metal, glass, fabric or plastic.
CAPITAL IMPROVEMENT PROGRAM (CIP): A community plan that matches the costs of future projects such as water, sewers, roads and schools to anticipated revenues. It is a governmental timetable for constructing permanent improvements and includes timing of the projects, their costs and the methods for financing. CIPs are usually prepared for five (5) or six (6) years, updated annually and coordinated with the comprehensive planning process. (Related terms: Comprehensive Plan, functional plans.)
CARPORT: A structure open on at least two (2) sides used to house or protect motor vehicles that are owned or operated by the occupants of the principal building.
CELLAR: A storage room or rooms located under the main floor or floors of a building and which are partly or totally below ground level.
A. Any facility where children regularly receive care, maintenance and supervision, usually unaccompanied by the child's parents, guardian or custodian, and regardless of whether the facility does or does not provide any instruction. Preschools are classified as childcare facilities. This use excludes: 1) the care of the operator's children or legal wards; 2) children related by blood or marriage; 3) occasional personal guests; 4) any home, place or facility providing overnight custodial services for lodging and/or boarding for the occupants therein; and 5) children aged twelve (12) years and over. The occupant load of a building, as determined by the Building Department and Fire Department requirements, will include all persons using the facility.
B. There are three (3) types of childcare facilities:
1. amily Childcare Home: A childcare facility for seven (7) or fewer children. They are an accessory use to residential uses and require a home based business permit.
2. Group Childcare:
a. A childcare facility for eight (8) to twelve (12) children within the operator's residence.
b. A childcare facility for eight (8) to twelve (12) children that is outside the operator's home.
3. Childcare Center:
a. Intermediate childcare center: A childcare facility providing for thirteen (13) to twenty (20) children.
b. Large childcare center: A childcare facility providing for twenty one (21) or more children.
CITY: The City of Blackfoot, Idaho.
CITY CLERK: The City Clerk of the City.
CITY ENGINEER: The City Engineer of the City.
CLINIC: A building, other than a "hospital", as defined in this section, used by two (2) or more licensed physicians for the purpose of receiving and treating patients.
CLUB, FRATERNAL: The social use of a building or of any premises by a nonprofit association, where such use is restricted to enrolled members and their guests.
COMMERCE: See definition of business.
COMMERCIAL AREA: An area for 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 professions and trades rendering services.
COMMISSION: The Planning and Zoning Commission of the City.
COMMON AREA: Land within a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
COMMON DRIVEWAY: A shared access that serves up to four (4) separate single-family residential parcels, each having public street frontage.
COMPOST: A humuslike material, produced from composting, that has been stabilized to a degree that is potentially beneficial to plant growth and that is usable as a soil conditioner, topsoil, growing medium amendment, or other similar uses to buffer the soil pH, improve soil aggregation and tilth, reduce erosion, enhance water infiltration and retention, increase soil porosity and aeration, slow the rate of temperature change in soil, provide food for soil microorganisms, or enhance availability of micronutrients in soils.
COMPOSTING: See definition of backyard composting.
COMPOSTING FACILITY: A facility where organic matter that is derived primarily from off site is to be processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing or use of compost.
COMPREHENSIVE PLAN: A policy plan for the Blackfoot area known as the Blackfoot Comprehensive Plan, that has been adopted by the City Council.
CONDEMNATION AND EMINENT DOMAIN: A. Condemnation is the taking of private property by a government unit for public use when the owner will not relinquish it through sale or other means. The power to take the property is based on the concept of eminent domain, which is the legal right of a government to acquire or "take" private property for public use or public purpose upon paying just compensation to the owner.
B. Condemnation is commonly used to acquire property for highways, street widening, parks and utility construction. Property has also been condemned under eminent domain powers for private use in the public interest, such as urban renewal where the public purpose is the removal of dilapidated structures.
C. The terms "eminent domain" and "condemnation" are often used interchangeably, although condemnation may also mean the demolition by public authority of an unsafe structure where no compensation is paid to the owner and the condemned property does not become public land. (Related terms: Inverse Condemnation, Taking, Police Power.)
CONDITIONAL USE: A use which, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the planning and zoning commission and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses are issued for uses of land and, unless otherwise specified or restricted as a condition, may be transferable from one owner of the land to another.
CONDITIONAL USE CONCEPT PLAN: A concept conditional use is an approval of a generalized development plan that does not include the details of proposed development. A detailed conditional use approval must be obtained for each phase of a concept conditional use.
CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
COUNCIL: The city council of the city.
COVERED PARKING: A carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space.
DAYCARE CENTER: See definitions of Childcare Facility and Adult Day Facility.
DEDICATION: A. The assignment of private property to a specific public use and its acceptance for such use by the appropriate governmental agency. Dedications for roads, parks, open space, school sites and other public uses are increasingly required as a condition for approval of a development. Where costs are high or a "fee simple" transfer is unnecessary, the owner may, where authorized, dedicate a portion of the rights through an easement or other form of less than fee transfer. Such easements may include dedications for scenic, nonaccess, pedestrian, utility, drainage, floodway, air space and other purposes.
B. Where land dedication is not appropriate, a cash payment (fee in lieu of) may be authorized. Both are methods to assess the developer with more of the public costs of the new development. (Related terms: Easement, Conservation Easement, Open Space, Covenant, Dedication, Development Impact Fees, Subdivision Regulations.)
DEDICATION (FEE IN LIEU OF): As provided in the definition of "dedication", as defined in this section, this technique involves cash payments as a substitute for dedications that are authorized under subdivision regulations when requirements for mandatory dedication of land are inappropriate. The conditions under which such payments will be allowed must be spelled out in the regulations. (Related terms: Dedication, Subdivision Regulations, Development Impact Fees.)
A. When a piece of property is purchased, the purchaser also acquires a number of rights toward the use of that property, such as the right to build a home, a right to develop commercially, a right to remove gravel or other materials, a right to use water, a right to raise crops. Which of these rights are purchased with each property depends on the zoning, other applicable regulations and the terms of the purchase.
B. Acquisition of development rights is a method for controlling urban growth and conserving natural resources. Essentially, the concept involves buying the future development potential for land and permits the owner to continue the existing use, usually agriculture, in urbanizing areas. Hence, a county or city could acquire a fee or any lesser interest necessary (development rights) to conserve selected open space, timber or agriculture lands. A county or city could also acquire fee title to such property and convey or lease the property back to its original owner using covenants or contractual agreements to limit the future use of the property. (Related term: Transferable Development Rights.)
DIRECTOR, BUILDING: The director of the building department of the city.
DIRECTOR, PLANNING: The director of the city planning and zoning department charged with the administration of the city planning and zoning documents. The director is directly responsible to the mayor and city council. This definition includes the planning director's designated representative. This definition also includes references to the planning administrator, zoning administrator, planning official, zoning director and other similar titles. The planning director may be the same as the building director.
DISPLAY, OUTDOOR: Placement of items out of doors, i.e., not within a building, for show and sale to the general public. Examples of this use include garden supplies placed in commercial parking lots by home and garden stores, or other stores, during spring and summer time. This use is distinct from outdoor storage of items or of junk elsewhere defined and may be temporary in nature.
DISTRICT: A section or part of the incorporated portion of the city for which the use regulations are uniform, as set forth herein.
DRIVE-UP WINDOW: An establishment, whether it be the primary or an accessory use, other than automobile service station or parking lot, that is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services at a window or service area.
DRIVEWAY: A private access connecting a building such as a house or garage, with a street.
DUPLEX: A detached building containing two (2) dwelling units, each of which include a separate bathroom and kitchen. The two (2) units must be able to function as dwelling units independently of each other.
DWELLING: A building, or portion thereof, containing one or more dwelling units. The term "dwelling" does not include a "mobile home", "recreational vehicle", "motel", "hotel", "guesthouse" or "boarding house", as defined in this section.
DWELLING, COMBINED RESIDENTIAL: A detached building designed for and occupied by two (2) families living independently of each other. Combined residential units shall be built in accordance with the adopted building code.
DWELLING, HIGH RISE: Any structure having floors used for human occupancy located more than seventy five feet (75') above the lower level of fire department vehicle access.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units, excluding attached single-family townhouse units located on individual lots.
DWELLING, RESIDENTIAL ACREAGE: A residential area designed for or occupied by a single-family residence on a small acreage allowing a certain number of livestock.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family.
DWELLING UNIT: One or more rooms designed for, or used as, a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. A dwelling unit may be occupied by a family (related by blood or marriage), or by up to five (5) unrelated individuals. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
EASEMENT: A grant of the right to use land for a specific purpose or purposes.
FEEDLOT: A lot or parcel on which livestock are fed intensively in order to fatten for market. This definition does not include short term holding pens for auction facilities or meatpacking establishments.
FILLING STATION: Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sale made, and no other:
A. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearing, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing and polishing, and sale of automotive washing and polishing materials;
F. Greasing and lubrication.
FIRING RANGE: A controlled area of activity, indoors or outdoors, specifically designed for the discharging of firearms at targets.
FLOOR AREA, GROSS: The sum of the gross or horizontal areas of the several floors, including the exterior walls of a building or portion thereof.
FLOOR AREA, NET: That portion of the gross floor area of the building occupied by listed use or uses, and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities, shall be excluded.
FRONTAGE: A piece of land that fronts on a city street or other designated right of way.
FUNERAL HOME, MORTUARY: A facility in which deceased human bodies are kept and prepared for burial or cremation.
GARAGE, PRIVATE: An enclosed accessory building or an accessory portion of a principal building designed for shelter or storage of vehicles, owned or operated by the occupants of the principal building.
GARAGE, PUBLIC: A building or portion thereof, except a private garage, used or designed to be used for the storage of motor vehicles. (See definitions of Repair, Major Motor Vehicle and Repair, Minor Motor Vehicle.)
GRADE: The elevation of the finished surface of the ground adjacent to the exterior wall of a building or structure. If a berm has been created adjacent to the structure, or if the structure is built on top of a berm, grade will be considered the lowest point of the berm.
GRADE, ESTABLISHED: The curb line grade at the lot lines established by the city engineer, or otherwise established by law.
GUESTHOUSE: A detached structure, being an accessory to a single-family dwelling with not more than two (2) bedrooms, having no kitchen facilities and which shall be used or designed for use primarily by guests or servants for sleeping quarters. A guesthouse shall not be used as a rental dwelling.
HALFWAY HOUSE: A type of housing for persons convicted of nonviolent crimes who are in the later stages of serving a sentence and are being transitioned back into free society.
HANDICAPPED HOME: Homes for the mentally or physically handicapped with no more than eight (8) resident patients and no more than two (2) resident staff, where all state and local licensing and standards of operation requirements have been met.
HEIGHT, BUILDING: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
HELIPAD, HELIPORT: A level area or pad where helicopters land and take off, either at ground level or on a rooftop.
HOME, CONVALESCENT: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury or deformity, or requiring care because of old age.
HOME, NURSING: See definition of Home, Convalescent.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit, including, but not limited to, handicrafts, dressmaking, millinery, laundering, preserving, printing and/or graphic arts or desktop publication, offices, teaching of classes, and other like occupations.
HOME, REST: See definition of Home, Convalescent.
HORTICULTURE: The activity of growing fruits, vegetables, flowers or ornamental plants.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients twenty four (24) hours a day. The term "hospital" does not include clinic, convalescent or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients.
HOSPITAL, LARGE ANIMAL: Any building, or portion thereof, designed or used for the care of the following animals: cattle, sheep, goats, horses, hogs, large exotic cats or similar animals.
HOSPITAL, SMALL ANIMAL: Any building, or portion thereof, designed or used for the care of the following animals: dogs, cats, primates, birds, waterfowl, reptiles, rodents and similar animals.
HOTEL: A building containing six (6) or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, primarily for the accommodation of transient guests.
HOUSE, APARTMENT: Any building, or portion thereof, that is designed, built, rented, leased, let or hired out to be occupied, or that is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
HOUSE, BOARDING OR ROOMING: A building other than a hotel or restaurant where lodging or lodging and meals are provided for compensation to six (6) to twelve (12) persons who are not members of the householder's family.
HOUSING, ELDERLY: Multiple-family housing constructed for occupancy by elderly individuals or families (households with 1 or more members 65 years of age or older).
INFILL SITE: Any vacant lot or parcel within developed areas of the city, where at least eighty percent (80%) of the land within a three hundred foot (300') radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided. Annexed areas located on the periphery of the city limits shall not be considered as infill sites.
KENNEL: Any lot or premises or portion thereof, on which more than two (2) dogs or five (5) cats, or a combination of two (2) dogs and five (5) cats, are maintained, harbored, possessed, bred, or cared for. This definition shall not apply to a litter of puppies or a litter of kittens under six (6) months of age and kept and housed with the mother.
KITCHEN: Any room or portion thereof within a building designed and intended to be mainly used for cooking or preparation of food.
LANDSCAPING: The finishing and adornment of unpaved yard areas with materials and treatment generally including naturally growing elements such as grass, trees, shrubs, and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.
LOADING SPACE, OFF STREET: An open off street hard surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
LOT: A unit of land constituting a part of a block of a recorded subdivision so recorded for transfer of ownership.
LOT AREA: The square footage enclosed within the boundary of a lot or parcel. The flagpole or stem portion of a flag lot shall not be considered part of the lot area. Lot area shall be determined exclusive of land that is used for public or private streets, highways, alleys, roads and rights of way.
LOT, AUTOMOBILE SALES: Premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
LOT, CORNER: A lot that is bounded on two (2) or more sides by street lines; where the angle of intersection does not exceed one hundred thirty five degrees (135°).
LOT COVERAGE: The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The distance between front and rear lot lines measured in the mean direction of the side lot lines.
LOT, DOUBLE FRONTED: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a double fronted lot, both street lines shall be deemed front lot lines.
LOT, FLAG: A lot or parcel of land that includes a narrow projection or "flagpole" to the public right of way. The flagpole, which shall not be considered as part of the lot area, serves as a private or privately shared access to the buildable area of the lot or parcel.
LOT, FRONTAGE: That portion of a lot that abuts a public right of way or other access.
LOT, INTERIOR: A lot other than a corner lot or reversed corner lot.
LOT LINE: The boundary property line encompassing a lot.
LOT LINE, FRONT: A. The front lot line for a regular shaped lot is the property boundary that abuts a public or private street. The front lot line for an undeveloped corner lot is either one of the property boundaries that abuts a public or private street, as selected by the property owner.
B. The front lot line for a flag lot may be either: 1) the closest line, parallel or most nearly parallel to the public or private street, at the end of the flagpole; or 2) a line perpendicular or nearly perpendicular to the public or private street, at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of adjoining properties.
LOT LINE, REAR: The boundary line of a lot that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line, the following shall apply:
A. In the case of a lot with a rear boundary formed by a single line that is parallel or nearly parallel to the front lot line, such rear boundary is the rear lot line.
B. In the case of a lot with a rear boundary formed by two (2) or more lines, the rear lot line shall be a line at least ten feet (10') in length within the lot, furthest removed from and most parallel to the front lot line.
LOT LINE, SIDE: Any property line that is not a front or rear lot line.
LOT, NONCONFORMING: A lot of record that does not meet the dimensional requirements of this title.
LOT OF RECORD: A lot that has been recorded in the records of Bingham County.
LOT OF RECORD, ORIGINAL: A lot or parcel created and of record prior to the effective date of the original zoning ordinance of the city.
LOT, PARKING: An open, graded and surfaced area, other than a street or public way, to be used 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.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT WIDTH (AVERAGE): A. The distance between the side lot lines, measured in one of the following manners, whichever is applicable:
1. In the case of a regular shaped lot, the width shall be measured along the front lot line; or
2. In the case of an irregular shaped lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten foot (10') intervals for the first one hundred feet (100') of the lot depth beginning at the front lot line; or
3. In the case of regular shaped flag lot, the width shall be measured at a distance of twenty feet (20') from the inside end of the flagpole; or
4. In the case of an irregular shaped flag lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten foot (10') intervals for the first one hundred feet (100') of the lot depth beginning at the front lot line.
B. In addition to the above manners of measurement, in no instance shall the dimension of a lot at its front setback line be less than the minimum average lot width required for the zoning district in question.
LOUNGE: See definition of Tavern.
MANUFACTURE: An area for the manufacturing, assembling, fabricating, processing, packing, repairing or storage uses that have not been declared a nuisance by statute, resolution of the planning and zoning commission or city council, or any court of competent jurisdiction.
MAPS, ZONING: The map or maps incorporated into this title designating zoning districts.
MOBILE HOME, CLASS A: A manufactured dwelling unit with all the following characteristics:
A. Mass produced in a factory.
B. Designed and constructed for transportation to a site for installation and use when connected to required utilities.
C. Built on a chassis.
D. Designed for long term residential use by a family, containing kitchen, bath and sleeping facilities.
E. Multisectional with total square footage minimum equal to one thousand (1,000) square feet.
F. Constructed after June 15, 1976, and certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development.
G. Has a nonmetallic, wood shake or asphalt shingle roof with a minimum pitch of two to twelve (2:12) (2 inches of rise to 12 inches of run).
H. Has an eave of a minimum of six inches (6"), or eave and gutter combination with a minimum of six inches (6") attached to the entire perimeter of the roof.
I. Has horizontal metal lap siding, vinyl siding, simulated wood siding or wood siding.
J. Has a foundation that is similar in appearance and durability to masonry foundation of site built dwellings and that surrounds the entire perimeter of the structure, completely enclosing the space between the siding and the finished grade.
K. Is permanently affixed, with running gear and towing hitch removed, and set upon a foundation base having an anchoring system that is totally concealed under the structure.
L. Meets all standards and regulations contained in section 11-4-15 of this title.
MOBILE HOME, CLASS B: Manufactured building with the following characteristics:
A. Mass produced in a factory.
B. Designed and constructed for transportation to a site for installation and use when connected to required utilities.
C. Built on a chassis.
D. Designed for long term residential use by a family, containing a kitchen, bath and sleeping facilities.
E. Does not meet all definitional characteristics described in the definition of Mobile Home, Class A, subsections E through K.
MOBILE HOME PARK: Any area, tract, plot or parcel of land, developed as a planned unit development and designed primarily for placement of mobile homes located and maintained for dwelling purposes on a permanent or semipermanent basis.
MODEL HOME: A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on site sales and not for general real estate business. Also termed a subdivision sales office.
MORTUARY: See definition of Funeral Home, Mortuary.
MOTEL: A building, or group of buildings, on the same premises, whether detached or attached, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists.
MOTOR VEHICLE JUNKED, ABANDONED: Any automobile, truck or other vehicle that is inoperable and to which no repair or maintenance is attempted for any period exceeding thirty (30) days.
NET LEASABLE FLOOR AREA (Applying To Parking Ratio): The entire square foot area of floor space of a building that is enclosed and subject to heating and/or air conditioning, less:
A. Any space used and occupied by central mechanical and/or electrical equipment, elevators, escalators, conveyors, dumbwaiters, lifts, chutes, trash disposal units, and fuel storage spaces; and
B. Public rights of way and other similar enclosed spaces open to the public, such as public washrooms, corridors, stairwells or elevator lobbies.
NUISANCE: Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses may be considered a nuisance. There are many types of nuisances, and the law can be invoked to determine when, in fact, a nuisance does exist and should be abated. Nuisance law forms part of the basis for zoning. The separation of uses through zoning (e.g., industrial from residential areas free from pollution, noise, congestion and other characteristics of industrial areas) had its origins in nuisance law.
OCCUPANCY PERMIT: The approval to occupy a building that is granted after zoning and building requirements and conditions of approval, if any, have been met or bonded for.
OPEN SPACE, PRIVATE: An open area for passive or active recreation developed, designated and protected for the benefit and private use of the employees or residents within a planned development or residential development.
ORGANIC MATTER: Plant materials, including leaves, grass, brush, weeds, tree or shrub trimmings, garden debris, and vegetative kitchen garbage.
OUTDOOR STORAGE: The storage of equipment, materials, supplies, etc., in an outdoor area as an accessory to a primary use.
PARCEL: Contiguous land in the ownership of one person or party.
PARK: A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARK, RECREATIONAL VEHICLE: Any area, tract, plot or site of land whereupon two (2) or more recreational vehicles or travel trailers are placed, located and maintained for temporary living quarters on a temporary basis.
PARKING COURT: A clustered parking area located off the main roadway and near the building that it serves. Except for emergency vehicles, parking court design precludes cut through vehicular travel.
PARKING LOT: See definition of Lot, Parking.
PARKING SPACE: Usable space within a public or private parking area or a building, that meets the parking standards of this title, exclusive of access drives, aisles or ramps, for the storage of one passenger automobile or commercial vehicle.
PATHWAY: Any sidewalk, route, lane, path, corridor, open space or trail designated to move people by nonmotorized means for transportation or recreation, including micropathways.
PERSON: A natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PLANNED DEVELOPMENT: A parcel of land that is planned and developed as a unit under single ownership or control, containing one or more uses, buildings and common open space or recreational facilities.
PLANNED UNIT DEVELOPMENT (PUD): A. This is a development that is preplanned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Therefore, densities are calculated for the entire development, usually permitting a tradeoff between clustering of housing and provision of common open space.
B. The PUD is usually characterized by a unified site design and while most commonly used for residential development, the technique is also frequently applied to other forms of development such as shopping centers and industrial parks. Occasionally, a PUD may have a mix of uses.
C. The PUD also refers to the process of site plan review, in which public officials have considerable involvement in determining the nature of the development. This technique includes aspects of both subdivision and zoning regulations. A PUD is usually administered through a special permit. (Related terms: Flexible Zoning, Cluster Development, Mixed Use Zoning, Zero Lot Line.)
PLAT: A map representing a subdivision of a parcel of land into lots, blocks and streets or other divisions and dedications. A preliminary plat is an approximate drawing of a proposed subdivision. A final plat is the final drawing for records with the county auditor and containing all requirements set forth in applicable state and local regulations. Plats are regulated by Idaho Code section 50-1301 et seq., and local ordinances. (Related terms: Subdivision, Short Plat, Lot Of Record, Site Plan.)
POLICE POWER: The right of government to regulate personal conduct and the use of land in order to protect the public health, safety and welfare, as provided by the state constitution. The use of police power by a unit of government must follow "due process" and be "reasonable", but the government does not have to pay compensation for related losses. In this last respect, it differs from the government's use of the power of eminent domain that involves taking of property where just compensation is mandatory. The degree to which such exercise of police power becomes, in effect, a taking of property, is a question of longstanding and has arisen again lately in connection with the growth management and environmental controls being imposed by many communities. (Related terms: Zoning, Condemnation And Eminent Domain, Taking, Inverse Condemnation.)
PRINCIPAL USE: The main use of land or buildings, as distinguished from a subordinate or accessory use.
QUASI-PUBLIC: Is essentially a public use, although under private ownership or control.
QUORUM: A majority of the authorized members of a board or commission.
RECREATION CENTER: A commercial or nonprofit bowling alley, roller rink or similar use designed for amusement or recreation.
RECREATIONAL VEHICLE (RV): A portable vehicle or structure used primarily for hobbies, vacations, extended travel, camping, sports and aquatic use. RVs may be self-propelled, towed or transported by trailer. RVs may include, but are not limited to, motor homes, converted buses, camping and travel trailers, light duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers, and off street vehicles such as snowmobiles, dune buggies, all- terrain vehicles (4 wheels) and any type of three (3) or four (4) wheeled sport racing/drag vehicle.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The words "repair" or "repairs" shall not apply to any other change in a structure such as would be required by additions to or remodeling of such structure.
REPAIR, MAJOR MOTOR VEHICLE: General repair, engine, transmission or drive train rebuilding, repair or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers.
REPAIR, MINOR MOTOR VEHICLE: Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation specified under the definition of Repair, Major Motor Vehicle.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.
RIGHT OF WAY: The right to pass over the property of others. It usually refers to the land required for the traffic lanes, plus shoulders on both sides of highways, railroads, bikeways and hiking trails. In short, it is the land purchased by or dedicated to the public for traffic purposes. The pathways over which utilities and drainageways run are usually referred to as easements. (Related terms: Easements, Dedication.)
SCHOOL: An institution conducting regular academic instruction at elementary, secondary and college levels.
SCHOOL, PRIVATE COMMERCIAL: A school, regardless whether it is operated for profit, primarily devoted to instruction, in dance, music, drama, art, languages, martial arts training, etc.
SCHOOL, TRADE OR VOCATIONAL: An institution or facility conducting instruction in the technical or trade skills, such as business, secretarial training, medical or dental technician training, beauticians, barbers, electronics, automotive technician training, etc.
SELF-SERVICE STORAGE: A building or group of buildings, or portions thereof, that are designed or used exclusively for storage of excess property of an individual, family or business. Buildings are divided into individually accessed units. This shall not be deemed to include the day to day operations of businesses of any kind.
SERVICE DRIVE: A privately owned and maintained drive that provides access to parking lots and spaces, loading spaces, drive-up windows or other areas that need a provision of access. A service drive meets the zoning ordinance specifications and is approved by the planning director or the planning and zoning commission. Types of service drives include: individual private driveways, common driveways, entry drives, drive-through lanes and parking aisles.
SERVICE STATION: Premises where gasoline, motor oils, lubricants and grease for the operation of motor vehicles are retailed directly to the public on the premises, and including tires, accessories, services and minor motor vehicle repairs.
SETBACK: The space on a lot or parcel required to be left open and unoccupied by buildings or structures, either by the requirements of this title, or by delineation on a recorded subdivision map.
SHOPPING CENTER, REGIONAL: A group of commercial establishments, planned, developed, owned and managed as a unit related in location, size and types of shops to the trade area that the unit serves. It provides on site parking in definite relationship to the type and size of stores. The major tenant is one or more full line department stores. Size of the center can range between three hundred thousand (300,000) square feet to over one million (1,000,000) square feet of gross leasable area.
SIGN: Any display or device consisting of attached or painted letters, symbols or designs, and including any moving parts, lighting, sound equipment, framework, background material or structural support, which display or device is intended to communicate business identification, an advertisement, announcement, direction or other message or attract, distract, hold, direct or focus public attention. "Sign" shall not include commodities and their attached labels and price tags.
SITE PLAN: A scale drawing showing proposed uses and structures for a parcel of land as required by the applicable regulations. It includes lot lines, lot area, streets, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, major landscape features, and the location of proposed utility easements. A site plan is a more detailed representation of a proposed development than shown in a plan, and may also include density and statistical data. (Related terms: Plat Site Plan Review, Planned Unit Development, Flexible Zoning.)
SITE PLAN REVIEW: The process whereby local officials, usually the planning and zoning commission and staff, review the site plan of a development to assure that it meets the stated purposes and standards of the zoning and other regulations, provides for necessary public facilities, such as roads and schools, and protects and preserves desirable features and adjacent properties through the appropriate location of structures and the use of landscaping. Site plan review is required in connection with many flexible land use regulation techniques. The process often allows considerable discretion to be exercised by local officials since it may deal with hard to define aesthetic and design considerations. (Related terms: Site Plan, Flexible Zoning, Planned Unit Development.)
SPECIAL EXCEPTION OR SPECIAL USE: A special approval granted by the city council for a use that is not identified as an allowed or conditional use within the zoning district, subject to conditions set forth in this title.
STABLE, PRIVATE: A detached accessory building or structure for the keeping of one or more horses or cows, owned and used by the occupant of the premises and not for remuneration, hire or sale.
STABLE, RIDING: A building or structure used or designed for the boarding or care of riding horses.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
STREET: The public right of way or private property and related improvements that provides vehicular and pedestrian access to adjacent properties. The term "street" includes also the terms highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place and other such terms.
STREET, ARTERIAL: A street designed to carry through traffic with limited access to abutting property. Direct lot access is restricted.
STREET, COLLECTOR: A street designed to intercept traffic from the local street system and carry it to the nearest arterial street, while providing limited access to abutting property. Direct lot access is restricted.
STREET, FRONTAGE: A minor street, parallel to and adjacent to an arterial street, that has the primary purpose of providing access to abutting properties.
STREET, LOCAL: A street designed to provide service to abutting property usually with unrestricted access.
STREET, PRIVATE: A street approved by the city council in conformance with the subdivision ordinance, that provides both access and street frontage for individual lots. Private streets are owned and maintained by private individuals or entities. Governmental entities do not own nor maintain private streets.
STRUCTURE: Anything constructed or erected, except fences, that requires permanent location on the ground or is attached to something having location on the ground.
SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development; that shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this definition shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat that does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.
B. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
C. The unwilling sale of land as a result of legal condemnation, as defined and allowed in Idaho Code.
D. Widening of existing streets to conform to the comprehensive plan.
E. The acquisition of street rights of way by a public agency in conformance with the comprehensive plan.
F. The exchange of land for the purpose of straightening property boundaries that does not result in the change of the present land usage. (Related terms: Subdivision Regulations, Plat.)
SWIMMING POOL: Any facility intended for swimming or recreational bathing that contains water over twenty four inches (24") (610 mm) deep. This includes inground, aboveground and onground swimming pools, hot tubs and spas.
TAVERN: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TEMPORARY: As this term is used in this title with respect to a temporary structure, building or use, shall mean a period of six (6) months. Such period may be extended by the appropriate official, commission or governing board for up to one year. Extensions of over one year require city council approval, after recommendation from the planning and zoning commission.
THEATER: A building used primarily for the presentation of live stage productions, performances or motion pictures.
THEATER, ADULT: See definition of Adult Motion Picture Theater.
TOWNHOUSE: An attached single-family dwelling unit, located on a platted lot and for which the individual owner may acquire title to the unit and lot.
TRAILER, TRAVEL: A vehicular portable structure designed as temporary living quarters for travel, recreational and vacation uses.
TREASURER: The city treasurer of the city.
USE: The purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied, maintained or leased.
USE, SEASONAL: Any temporary use where products are sold in connection with a holiday season or the growing season. Examples of these uses shall include, but are not limited to, the following: produce stands, fireworks stands, pumpkin lots, and Christmas tree lots.
USE, TEMPORARY: Any activity on a site approved by the director for a limited time of operation. Such uses include seasonal or holiday sales of products or placement of temporary structures on a lot incidental to construction occurring on the lot, outdoor display of garden and related supplies, and/or any other uses which the director may deem as able to function without permanent permits for a short time as allowed by this code.
UTILITY, PUBLIC: Any person, company or municipal department, duly authorized to furnish to the public, under public regulations, electricity, gas, steam, telephone, transportation or water.
VARIANCES: A modification of the requirements of this title as to lot size, lot coverage, lot width, street frontage, setback requirements, parking requirements, loading requirements, or other ordinance provisions affecting the size or shape of a structure, or the placement of the structure upon lots, or the size of lots.
WAREHOUSE: A building, or portion thereof, used for the storage of merchandise, stock, vehicles, furnishings, supplies and other trade or business material.
YARD: An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and that extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
YARD, AUTOMOBILE WRECKING: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
YARD, FRONT: The yard extending across the full width of the lot adjacent to the front street line. For corner lots, either street may be designated as the front. Once chosen, the front yard designation and associated rear and side yards may not be changed. Building design shall match respective yard types.
YARD, JUNK: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable conditions, and the processing of used, discarded or salvaged materials as a part of a permitted manufacturing operation on the same premises.
YARD, REAR: The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD SALE: The on premises sale of new or used household or related goods from a residential lot. Also known as a garage sale or rummage sale. The duration of yard sales shall not exceed seventy two (72) hours. A maximum of two (2) such sales shall be permitted from any one residence within the same calendar year.
YARD, SIDE: The yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard.
ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on individual lots as either detached structures with one or more sidewalls on a side property line or attached sidewalls on a property line.
ZONE: See definition of district.
ZONING CERTIFICATE: A notation attached to a building permit, occupancy permit or business license, or issued separately by the City to certify that the building, structure, use or occupancy specified is in compliance with relevant zoning regulations and approvals. (2003 Code § 11-01-03; amd. 2012 Code; Ord. 2110, 10-2-2012, eff. 10-2-2012; Ord. 2164, 12-5-2017)