Certain terms and words are hereby defined for the purpose of this title. When consistent with the context, the present tense includes the past or future tense, the singular includes the plural and the plural includes the singular. The word "shall" is mandatory, "may" is permissive and "should" means the preferred action. The following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY USE/ STRUCTURE: A use or structure subordinate to the principal use on the same lot or premises, and serving a purpose customarily incidental to the use of the principal building. The gross floor area of an accessory structure shall not exceed seventy five percent (75%) of the gross floor area of the primary building containing the permitted use on the lot. Exceptions: The size limitation shall not apply to agricultural buildings, indoor riding arenas, or accessory dwelling units that are detached from any other building containing an accessory use. An accessory use is a use that is commonly, habitually and by long practice established or associated in Blaine County with such primary use.
AFFECTED PERSON: One having an interest in real property which may be affected by the issuance or denial of a permit authorizing development.
AGRICULTURAL BUILDING: A building as defined in Title 7 of this code, Section 7-1-3
(I) Definitions.
AGRICULTURAL BUSINESSES: An agricultural business shall be a commercial use where activities occurring on the site are compatible with the surrounding agricultural lands. It shall occupy and use to the extent possible existing on site agricultural facilities, buildings and other structures. Such agricultural businesses shall include, and not be limited to, the following:
A. Commercial pet care, breeding and boarding.
B. Storage, fabrication and sales of irrigation systems.
C. Alcohol plants such as winery, brewery or distillery.
D. Greenhouses and commercial nurseries with an on site retail facility.
E. Landscape contractor with more than two (2) employees.
F. Stables and riding schools.
G. Guest ranches.
H. Processing of milk products.
I. Storage, mixing, blending for the purpose of sales of fertilizers or compost not to include restaurant waste.
J. Transportation services for hauling agricultural products.
K. Post and pole fabrication.
AGRICULTURAL PURPOSES AND AGRICULTURAL USES: Refers to the growing of timber, crops, or livestock including grazing, horticulture, floriculture, nurseries, and the necessary accessory uses such as processing, packing, treating, storing, or selling products limited to those grown on the premises or as part of an integrated agricultural operation under common management with no on site retail facility. The operation of any such accessory use shall be secondary to that of normal crop, livestock or timber growing, and shall not include feedlots, slaughterhouses, rendering plants, or sawmills.
ANIMAL HOSPITAL: A place used for the care, grooming, diagnosis, and treatment of sick or injured animals, and for the care of those who are in need of medical or surgical attention, including overnight accommodations for recuperation and observation purposes.
ANIMAL SHELTER: A facility that is owned, operated, or maintained by a public body or nonprofit organization devoted to the welfare, shelter, protection and humane treatment of animals. An animal shelter facility may also provide: a) shelter for homeless pets and impounded animals; b) services and programs related, but not limited to, the shelter, care, boarding, adoption, health, and medical treatment of animals; and c) community services including, but not limited to, education, spay/neuter services, pet surrender, pet crematory, contract for services with local jurisdictions, and dog license sales and tracking.
APPRECIABLE DEGRADATION: Any dust, odor, fumes, detectable pollution, noise or flashing light which is perceptible without instruments more than two hundred feet (200') from the boundaries of the property from which it emanates, except for warning devices, construction or maintenance work.
ASPHALT BATCH PLANT: A facility which manufactures asphalt.
AUTO WRECKING YARD: Any use of premises whereon currently nonlicensed motor vehicles not in operating condition are standing more than sixty (60) days, or on which such used motor vehicles or parts thereof are dismantled or stored.
BANK: The ordinary high water level of the stream, river, lake or impoundment, which in the absence of evidence to the contrary shall be presumed to be the edge of the vegetation growing along the shore.
BENCH: A level step created by the former flood deposits of a river.
BEST MANAGEMENT PRACTICES: State of the art technology as applied to a specific problem and including a schedule of activities, prohibited practices and maintenance procedures. The BMP presents physical, institutional, or strategic approaches to environmental problems, particularly with respect to nonpoint source pollution control.
BOARD: The Board of County Commissioners.
BUILDABLE SITE: A dwelling construction site which will not require diking or riprap for protection against flooding, nor increase the possibility of contamination of ground or surface water from septic tanks and drain fields, nor require that the proposed site be excavated so as to oversteepen a slope or toe of a slope.
BUILDING: Any structure used or designed to be used for supporting or sheltering any use or occupancy.
BUILDING, AGRICULTURAL: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or horticultural products, but not for the purposes of human habitation or processing of agricultural products.
BUILDING ENVELOPE (PLATTED): Refer to title 10, chapter 2, "Definitions", of this Code.
BUILDING, EXISTING: A building erected prior to the effective date hereof, or one for which a valid building permit has been issued prior to the effective date hereof.
BUILDING HEIGHT: The vertical distance measured from the highest point of the roof directly to natural grade. Parapet walls required by code shall not be included in the measurement of height. This provision does not apply to accessory fixtures such as flagpoles, lightning rods, weather vanes, antennas (not including satellite dishes), chimneys or air conditioners. Buildings located in the floodplain shall be measured from the intermediate regional flood elevation, where base flood elevations are available.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which the building is located.
CAMPGROUND: An area or tract of land and associated facilities that accommodate structures such as cabins, yurts or tents, or recreational vehicles for overnight stays or short periods of time, for recreation, camping or vacation purposes.
CEMETERY: Land used or intended to be used for the burial of the human dead, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CERTIFICATION: The act whereby the Administrator verifies that an application is complete and complies with relevant ordinance requirements.
CHURCH: A building for public worship. A body or organization of religious believers.
CITY: Any incorporated municipality within the County.
CLUSTER DEVELOPMENT (CD): A type of subdivision for limited residential use within the A-20 or A-40 Productive Agricultural Districts, the R-10 Rural Residential District, and the RR-40 Rural Remote District. Each cluster development consists of: a) the cluster tract occupying not more than twenty percent (20%) of the land area of the parent tract, and b) the conservation tract occupying not less than eighty percent (80%) of the land area of the parent tract. In a designated TDR receiving area, as defined by title 10, chapter 10 of this Code, the cluster tract shall not occupy more than fifty percent (50%) of the land area of the parent tract, with the conservation tract occupying not less than fifty percent (50%) of the land area of the parent tract.
CLUSTER TRACT: A designated location within a cluster development upon which residential development may occur. The cluster tract shall not occupy more than twenty percent (20%) of the parent tract.
COMMERCIAL USE: The purchase, sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices by professionals and tradespeople rendering services.
COMMISSION: The Blaine County Planning and Zoning Commission.
COMMUNITY WATER SYSTEM: Refer to IDAPA 58-Department of Environmental Quality; 58.01.08 - Idaho Rules for Public Drinking Water Systems - DEFINITIONS.
COMPREHENSIVE PLAN: The Blaine County Comprehensive Plan, dated November 7, 1994.
CONDITIONAL USE: A use permitted only upon issuance of a conditional use permit.
CONSERVATION TRACT: That part of a cluster development that remains dedicated to agriculture, open space, and/or natural resource protection and is devoid of any structures other than those for the benefit of agricultural uses (including, but not limited to, barns, well houses, irrigation structures, hay sheds) or conservation purposes, but may include a primary residential dwelling unit (and any accessory employee housing as allowed). The conservation tract(s) shall not occupy less than eighty percent (80%) of the land area of the parent tract, except in a cluster development in a TDR receiving area, where the minimum area shall be fifty percent (50%).
CONTINUING CARE RETIREMENT COMMUNITY (CCRC): Senior housing community that provides different levels of housing and care based on the needs of their residents, including, but not limited to, independent living, assisted living, memory support and skilled nursing. The skilled nursing component of a CCRC is not age restricted. The CCRC may include housing for staff of the facility. The developable density of dwelling units contained within a CCRC shall not be based on the underlying zoning district(s) but shall be determined through the conditional use permit process and be subject to compliance with regulatory requirements for the provision of potable water and sewage disposal. CCRCs are public facilities as defined herein.
CONTRACTOR: A person or business that furnishes materials or performs services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors.
CONTRACTOR'S YARD: An area of land used by a contractor for storage, maintenance, processing, employee parking, or other activity associated with the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for the incidental repair of machinery used for any of the above listed activities.
DENSITY: A unit of measurement, the number of dwelling units per acre of land.
DENSITY, BASE: The unit of measurement used to determine the number of possible dwelling units on a parcel of property, provided all applicable standards of this Code and the comprehensive plan are met. If more than one zoning district is involved, base density for that development is the sum total of multiplying the number of acres within each zoning district by the developable density specified for each individual district.
DENSITY, GROSS: The total area of a development, including public and private rights-of-way, divided by the total number of dwelling units.
DENSITY, NET: The number of dwelling units allowed per acre in a subdivision after subtracting the land occupied by public or private rights-of-way.
DENSITY, TOTAL DEVELOPABLE: The base density, plus any density bonus awarded specifically for utilizing the PUD option, plus any density bonus accumulated from transferring density from contiguous overlay districts or hazardous areas within the same ownership.
DIMENSIONAL STANDARDS: Bulk and setback regulations.
DISCRETE DRAINAGE: Any area of land that acts as a watershed for a creek, stream or river, identified on the national hydrography data set, dated February 2000.
DUPLEX: A building which contains two (2) dwelling units and two (2) separate kitchens.
DWELLING, ACCESSORY: A separate building or portion thereof or portion of a residential building excluding mobile homes and Tiny Home on Wheels which may, but is not required to, provide complete, independent living facilities for a household including permanent provisions for living, sleeping, cooking, eating, and sanitation. The primary factors which cumulatively may result in a building or portion of a building being classified as an accessory dwelling unit are that:
A. The area is not functionally integrated with the floor plan of the primary residence it does not share a common hallway, it has a separate entrance and it can be locked off and used independently from the primary residence.
B. There is a kitchen area consisting of a sink, counters, cabinets, refrigerator and cooking appliance; or electrical outlets and plumbing that would support kitchen facilities.
C. There is a bathroom consisting of a toilet, sink and shower or bathtub or both.
Said accessory dwelling shall be clearly subordinate to the principal residential use on the lot and shall serve a purpose customarily incidental to the use of the principal residential use. Said unit shall meet criteria set forth in section 9-3-11 of this title. Exception: A building or portion of building that does not exceed five hundred (500) square feet and does not have a kitchen (i.e., sink, counters, cabinets, refrigerator and cooking appliance; or electrical outlets and plumbing that would support kitchen facilities) and has no more than a half bath (i.e., sink and toilet) may be considered an accessory building and not an accessory dwelling unit.
DWELLING, MULTI-FAMILY: A structure or portion thereof designed for and used as the living quarters for three (3) or more families or housekeeping groups.
DWELLING, SINGLE-FAMILY: A structure designed for and used as the living quarters for a single-family or housekeeping group. A manufactured home that is placed on a foundation and meets the Building Code shall be considered a single-family dwelling; however, a mobile home shall not be considered a single-family dwelling except as otherwise provided in this title.
DWELLING UNIT: A single building or part thereof providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.
EASEMENT: A nonpossessory interest in real property which gives the holder of such interest the right to use some part, or all, of the real property of another.
EXCAVATION: The movement of earth material.
EXTENDED CARE FACILITY: A medical facility providing short or long term subacute care, or a facility or distinct part of a facility licensed or approved as a nursing home; or a governmental medical institution.
EXTRACTION: Removal and processing of any mineral. Mining, quarrying, separating, or cleaning mineral resources.
FEEDLOT: An open area where domesticated livestock which have been purchased from other ranches are grouped together for intensive feeding purposes prior to their sale for slaughter.
FILL: A deposit of material.
FIREBREAK: A barrier of cleared or plowed land intended to check a forest or grass fire.
FLOOD OF 100-YEAR FREQUENCY: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year, as determined by probability analysis of historical hydrological data.
GARAGE, RESIDENTIAL: A building or portion of a building that is primarily used for the parking and storage of passenger vehicles owned and operated by the residents thereof. A garage may contain other accessory uses related to the residential use of the property such as storage of household goods and property maintenance equipment, laundry facilities, work area, etc. A garage may contain a half bath consisting of a sink and toilet, but no shower or bathtub.
GRAVEL OR SHALE PIT: Any point where stone, sand, gravel, or other mineral resources are removed, extracted, crushed, or stockpiled.
HAZARDOUS AREA OR DISTRICT: A parcel of land that is determined to be susceptible to physical hazards such as flooding, avalanche, geologic instability, steep slopes, or low flying aircraft.
HEAVY INDUSTRIAL USE: Any manufacture, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic which may have a detrimental effect on neighboring property.
HIGH WATER MARK: See definition of bank.
HILLSIDE: A part of a hill between and including the summit and the foot and includes, but is not limited to, such landforms as ridges, saddles, and knolls.
Foot: The lowest part of a hillside where the grade of slope increases from horizontal or near horizontal; the bottom or base of a hillside.
Knoll: A small round hill or mound.
Ridge: A sharp, elongated crest or a linear series of crests.
Saddle: A ridge connecting two (2) higher elevations.
Summit: The highest part, top or peak of a hillside.
HILLSIDE ROAD: Any existing or proposed public or private road, street, alley, driveway or other vehicular access to property located or proposed to be located on any property, or portion thereof, within the Mountain Overlay District.
HOME OCCUPATION: Employment by the inhabitant(s) of a dwelling which is clearly incidental and secondary to the primary use(s) on a property. Tier 1 and tier 2 home occupations are described in section 9-3-1 of this title.
HOSPITAL: A healthcare service facility, comprised of one or more structures, licensed as a hospital by the State of Idaho, providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, infirmity or other abnormal physical or mental conditions and including, as an integral part of the facility, related facilities such as laboratories, diagnostic services, outpatient facilities (such as rehabilitation, medical imaging and community education), medical offices and staff residences which are owned by and under the direct control of the primary medical provider.
HOUSEKEEPING GROUP: A group of unrelated persons living together.
INHOLDINGS, PRIVATE: Parcel(s) of land in private ownership that are wholly located within the exterior boundaries of Federal or State public lands.
INTERMEDIATE REGIONAL FLOOD (IRF): Same as 100-year flood.
JUNKYARD: An outdoor space where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, dismantled, stored or hauled.
KENNEL: Any lot or premises on which four (4) or more domesticated animals are housed, groomed, bred, boarded, trained in return for compensation, or sold, and which may offer incidental medical treatment.
LIGHT INDUSTRIAL USES: Warehousing, manufacturing, and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself. Wholesaling will be allowed as a light industrial use only if the items are manufactured on site and are not for sale as retail merchandise to the general public.
LOT: A parcel, plot, tract, other contiguous land area, or "original parcel of land" as defined by title 10 of this code.
LOT AREA: The area of any lot exclusive of street and road easements.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel created pursuant to subsection 10-1-4B of this code, exceptions to the subdivision regulations; or an "original parcel of land", pursuant to section 10-2-1, "Definitions Of Words And Terms", of this code. Lots of record that are nonconforming in size are subject to section 9-27-9 of this title.
MANUFACTURED HOME: A structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards and as defined by Idaho Code section 39-4105. For clarification, this definition excludes mobile homes, recreational vehicles and park trailers.
MATERIAL CHANGE: Any change or modification in any application or proposed amendment to this title which, in the opinion of the commission or board, is of such importance that the public interests will be better served by additional notice and public hearing.
MAXIMUM EXTENT FEASIBLE: All possible efforts to comply with the regulation or to minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible".
MOBILE HOME: A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation, as defined by Idaho Code section 39-4105.
MOBILE/MANUFACTURED HOME PUD: A residential planned unit development designed for siting mobile or manufactured homes on individual spaces that are rented or leased or on individual lots.
MOBILE/MANUFACTURED HOME PARK: A residential development designed for siting mobile or manufactured homes on individual spaces that are rented or leased.
MOBILE/MANUFACTURED HOME SUBDIVISION: A subdivision designed for mobile home or manufactured home residential use on individual lots under individual ownership.
NONCONFORMING BUILDING: Any building existing at the effective date hereof, or amendment thereto, which does not conform to dimensional standards of this title for the district in which such building is located. Existing improvements on lots that do not conform to present district densities shall not be considered nonconforming buildings as long as the use of the building is allowed in that district.
NONCONFORMING USE: Any use existing at the effective date hereof, or any amendment thereto, which does not conform to the use regulations of this title.
NURSERY: A farm and/or greenhouse growing trees, shrubs, and plants with no on site retail facility, whose commercial use is limited to the sale of those above mentioned products actually grown on the premises or as part of an integrated agricultural operation under common management.
NURSERY, COMMERCIAL: A combination of land, buildings, and structures for the sale of live trees, plants, shrubs, or gardening products, or landscaping services.
NURSERY, FOR CHILDREN: Facility charging a fee to provide care for preschool age children; includes daycare centers.
NURSING HOME: Facility for the care and treatment of more than three (3) elderly patients; includes rest homes and retirement homes.
OFF STREET LOADING AREA: An open, hard surfaced tract of land other than a street or public way, the principal use of which is for standing, loading, and unloading of motor vehicles.
OFF STREET PARKING: An open area, other than street or public way, for the temporary location of motor vehicles.
100-YEAR FLOODPLAIN: The lowland near the channel of a river, stream, or other body of water which has been or may be covered by water of a flood of one hundred (100) year frequency, as established by the engineering practices of the army corps of engineers.
OPEN SPACE, PRIVATE: A land or water area devoid of buildings, streets, parking or other physical structures except fences and irrigation structures.
OPEN SPACE, PUBLIC: An open space area managed or owned by the public is any section of land left undeveloped for scenic, wildlife, vegetative, recreation, visual relief or other related public purposes. Some examples include wilderness areas, natural areas, buffer zones, scenic corridors, and botanical gardens. Permitted management activities are limited to fences, signs, parking, irrigation systems, and public access trails. The site design is to protect natural features of the open space while allowing public access.
OPEN SPACE RECREATIONAL USE: Recreational uses not requiring a building, structure or pond greater in size than one acre.
OUTDOOR RECREATIONAL FACILITY: Facilities such as golf courses, marinas, shooting ranges, rod and gun clubs, and dude ranches whose use is primarily outdoor rather than indoor recreation, for which buildings are incidental and accessory.
OWNER: The individual, firm, association, syndicate, partnership, corporation, or other entity having proprietary interest in the land to be subdivided. A leasehold interest is excluded from such proprietary interest.
PUD DENSITY BONUS: A percentage of the base density for any parcel of land which may be awarded to provide incentive for utilization of the PUD option.
PARENT TRACT: A lot or lots of record situated within an A-20, A-40, R-10, or RR-40 zoning district proposed to be developed either as a straight lot subdivision and/or as a cluster development and used for calculating the density allowance for said subdivisions. A parent tract shall be a minimum twenty (20) acres in size to qualify for an R-10 cluster development, forty (40) acres in size to qualify for an A-20 cluster development, and eighty (80) acres for an RR-40 or A-40 cluster development.
PARK MODEL RECREATIONAL VEHICLE: A vehicle as defined in Idaho Code section 49-117.
PERMITTED USE: An authorized use in a particular zoning district which is subject to the regulations particular to that district.
PLANNED UNIT DEVELOPMENT (PUD): An area of land developed primarily for residential use in which restriction of lot sizes, setbacks, densities, and land uses may be adjusted in return for conformity with an approved plan for the entire parcel.
POTABLE WATER SOURCE: Private water system, such as wells and springs, or public water systems.
POTENTIAL CONTAMINANT SOURCES: A list of potential contaminant sources and potential contaminants associated with commercial, industrial, agricultural, rural, residential, municipal and miscellaneous sources as adapted from 1993 EPA guidelines and published in Idaho Department of Environmental Quality (IDEQ) manual "Protecting Drinking Water Sources in Idaho", published August 2000, or as updated by IDEQ. Said list shall be adopted by resolution by the Blaine County Board of Commissioners and set forth in appendix A of this title on file in the County and title 7 of this Code.
PUBLIC FACILITY: Structure for the use and benefit of the community, limited to a school, hospital, extended care facility, continuing care retirement communities or cultural building.
PUBLIC UTILITY AND PUBLIC SERVICE FACILITIES: Structures essential to furnishing the public with electric power two hundred thirty (230) kilovolts or less, gas, water supply, water treatment, and public services, including power plants or substations, water treatment plants or pumping stations, fire stations, police stations or snow storage locations.
PUBLIC WATER SYSTEM: A system that provides the public with piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty five (25) individuals daily at least sixty (60) days out of the year. Such term includes:
A. Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and
B. Any collection or pretreatment storage facilities not under such control that are used primarily in connection with such system.
PUBLIC WORKS ASPHALT PLANT: A facility which manufactures or produces cold and/or hot asphalt and which is operated by a public agency including the United States government, the State of Idaho or any political subdivision of the State of Idaho. To constitute a public works asphalt plant, the applicant must be a public agency, the project must be operated by the public agency or by a private contractor under contract with the public agency, and the final product produced at the plant must be used solely for a public purpose.
PUBLIC WORKS GRAVEL OR SHALE PIT: Any point where stone, sand, gravel or other mineral resources are removed, extracted, crushed or stockpiled by a public agency including the United States government, the State of Idaho or any political subdivision of the State of Idaho. To constitute a public works gravel or shale pit, the applicant must be a public agency or a private contractor under contract with a public agency, the project must be operated by the public agency or by a private contractor under contract with the public agency, and the final product produced at the pit must be used solely for a public works project, including, without limitation, public highway projects.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle (includes: travel trailer, camping trailer, truck camper, fifth wheel trailer, park model recreational vehicle and motor home), as defined by Idaho Code section 39-4201.
RECREATIONAL VEHICLE PARK: Any tract of land - and appurtenant roadways, buildings, structures or enclosures used or intended for use as part of the park facilities - having as their primary purpose the renting of space and related facilities for a charge or fee for parking two (2) or more self-contained recreational vehicles, and park trailers and Tiny Home on Wheels as defined by Idaho Code section 39-4201 and Tiny Home on Wheels as defined herein.
REFERENCE ROAD: Any Federal, state or city public road, or County road designated as a graded and drained or higher improvement designation on the official county highway map.
RETAIL FACILITY: A structure or portion thereof that is used primarily for display and sales to the general public.
RETREAT: Facilities, including living accommodations, which provide for group withdrawal for prayer, meditation, study and instruction under a director. Accommodations cannot be used for general tourist trade, e.g., quasi-motel or resort.
RIGHT-OF-WAY: A strip of land dedicated or acquired for use as a public thoroughfare, which normally includes streets, sidewalks, and other public utilities or service areas.
ROADS, ARTERIAL: Highways 20, 26, 75 and 93, Gannett Road and Trail Creek Road.
SNRA: Sawtooth National Recreation Area.
SCENIC CORRIDOR: An area of significant scenic importance to Blaine County as a representation of the rural character and general attractive beauty of the County. Scenic corridor 1 (SC1) includes the area on both sides of State Highway 75 north of the east to west Glendale Road intersection that is visible from said State Highway 75. The designated scenic travelway contained within SC1 is State Highway 75, carrying the largest volume of commuter, recreational, and tourism traffic in Blaine County.
SELF-SERVICE STORAGE FACILITIES: A structure containing separate individual, and private storage spaces of varying sizes, owned or leased/rented on individual leases for varying periods of time. The following uses are prohibited: residential, commercial, wholesale or retail sales, or garage sales; the servicing, repairing or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment; the operation of power tools, spray- painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment; the establishment of a transfer and storage business; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
SIGN: Any structure or natural object, or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any product, place, activity, person, institution, organization or business, or which displays or includes any letter, word, model, banner flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.
Sign, Directional: Includes only the title of an enterprise and the distance to it.
Sign, Freestanding: Any sign separate from a building, being supported by itself or on legs.
Sign, Informational: Includes descriptive phrases intended for advertisement purposes.
Sign, Off-Site: A sign that advertises or indicates a use that does not occur on contiguous property under the same ownership.
Sign, On-Site: A sign that advertises or indicates a use that occurs on contiguous property under the same ownership.
Sign, Projecting: A sign which projects out from the exterior of a building.
SIGN, SURFACE AREA: The entire area of a sign, including all the copy, background, and borders, excluding frames and structural members.
SITE ALTERATION: The erection, construction, establishment, movement, removal, modification, conversion or demolition of any building, other structure including hillside roads and driveways, soil or vegetation, and also includes, but is not limited to, the excavation or grading of any property and/or any fill activity.
SKYLINED: An outline of a structure against the background of the sky as viewed from Federal roads, State roads and/or Blaine County reference roads.
SLAUGHTERHOUSE: A building used for the killing, butchering, or processing of animals for human consumption.
SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Percent slope is calculated by multiplying this ratio (rise/run) by one hundred (100). Slope is measured from the base of the hill.
SPECIAL EVENTS FACILITY: Facilities, including structures, improvements, and grounds designed for uses like, but not limited to, weddings and award banquets.
STREET: A right-of-way which provides access to adjacent properties, and that has been officially accepted. Street shall include the terms highway, thoroughfare, parkway, road, avenue, boulevard, land and place.
STRUCTURE: An edifice, building, or any piece of work artificially built up or composed of parts jointed together in some definite manner, including a gas or liquid storage tank.
SUBDIVISION: The division of a lot, tract, or parcel of land into two (2) or more parts for the purpose of sale, lease, or building development, whether immediate or future.
TERRACE: A level, alluvial or narrow plain with a steep front found at the mouth of side canyons or in the alluvium deposits of valley floors.
TINY HOME on WHEELS: A recreational vehicle unit that is between one hundred fifty (150) and four hundred (400) square feet in size and that provides independent living facilities for one or more persons, which includes temporary provisions for living, sleeping, eating, cooking and sanitation and has been certified to meet American National Standards Institute (ANSI) A119.5 Standards 1 , National Organization of Alternative Housing (NOAH) ANSI+ Standards 2 , and 9-3-11: Section D of this code.
TOWNHOUSE DEVELOPMENT: A planned project of two (2) or more townhouse units where a duplex is permitted either as part of previous development approvals or in this title that may be constructed as single building(s) containing two (2) or more townhouse units, each unit being separated from the adjoining unit or units by a one hour fire resistant party wall or walls extending from the basement floor to the roof along the dividing townhouse sublot line, each unit having its own access to the outside, and no unit located over another unit in part or in whole. All townhouse development(s) shall be platted under the procedures contained in title 10 of this Code.
TOWNHOUSE SUBLOT: The lot(s) resulting from platting a townhouse development. Townhouse sublots shall have a minimum area equal to that of the perimeter of each individual townhouse unit measured at the foundation. Said sublots shall not be buildable for structures other than a "townhouse unit" as defined herein. Platting of sublots shall follow the procedures set forth in title 10 of this Code and other applicable codes in effect. Detached garages, accessory dwelling units, and all other detached and/or accessory buildings shall be contained within the perimeter of the townhouse sublot. Townhouse sublots shall not be considered nonconforming as defined herein. Townhouse sublots shall be considered independently of each other for the purpose of lot size as it relates to accessory dwelling units as regulated herein and other uses or buildings limited by the size of the parcel.
TOWNHOUSE UNIT: One or more rooms, including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot.
TRANSPORTATION FACILITIES: Roads, parking areas, turnarounds, bike paths, horse trails, ski or scenic lifts, or any other thoroughfare associated with moving people or materials.
UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this title, but not merely a matter of convenience and profit.
USE: The specific purposes for which land or a building is being used and shall include, but not be limited to, parking lots, roads, and driveways. Use is also defined under the property zoning classification.
USE, EXISTING: Any use legally existing at the time of adoption hereof.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater, and similar facilities providing service to and used by the public.
VISIBILITY AND VISIBLE: For lands within the Mountain Overlay District, the quality, state, or fact of being seen or exposed to view, or capable of being seen or exposed to view without aid of binoculars or other vision enhancing devices, to the occupants of an automobile traveling upon a reference road.
WELLHEAD PROTECTION AREA: Land in Blaine County that is located within a ten (10) year time of travel zone of a public water system as determined by Idaho Department of Environmental Quality (IDEQ), or land within three hundred feet (300') of a potable water source. Wellhead protection area shall include any new and/or modified public water system and any new potable water source without need to amend this definition.
YARD SETBACK: The minimum horizontal distance between a specified lot line (front, side, rear), measured at a right angle to such lot line, and the nearest point of the exterior wall of a building or the nearest point of a deck more than thirty inches (30") above grade. Roof eaves may encroach three feet (3') into the yard setback.
ZONE DISTRICT: A portion of the unincorporated territory of Blaine County defined by this title and designated on zoning maps, to which the provisions of this title apply. (Ord. 2022-03, 6-15-2022: Ord. 2021-09, 6-15-2021; Ord. 2019-03, 1-8-2019; Ord. 2018-03, 2-13-2018; Ord. 2018-02, 1-23-2018; Ord. 2017-04, 6-27-2017; Ord. 2014-06, 12-2-2014; Ord. 2012-06, 7-10-2012; Ord. 2012-05, 6-5-2012; Ord. 2010-13, 1-18-2011; Ord. 2010-10, 12-7-2010; Ord. 2010-03, 1-19-2010; Ord. 2009-07, 9-8-2009; Ord. 2008-18, 12-2-2008; Ord. 2008-14, 10-21-2008; Ord. 2008-13, 10-7-2008; Ord. 2006-13, 10-26-2006; Ord. 2006-05, 6-29-2006; Ord. 2004-04, 6-7-2004; Ord. 2001-02, 3-19-2001; Ord. 2000-10, 11-6-2000; Ord. 98-6, 7-7-1998; Ord. 98-1, 1-7-1998; Ord. 96-12, 10-15-1996; Ord. 96-10, 9-16-1996; 1996 Code; Ord. 95-5, 4-3-1995; Ord. 95-1, 1-9-1995; Ord. 94-14, 11-14-1994; Ord. 94-5, 6-16-1994; Ord. 93-1, 1-11-1993; Ord. 92-6, 9-28-1992; Ord. 92-5, 9-14-1992; Ord. 92-3, 5-11-1992; Ord. 91-15, 11-25-1991; Ord. 90-4, 6-11-1990; Ord. 81-3, 8-24-1981; Ord. 77-5, 3-28-1977, eff. 4-7-1977; Ord. 2023-01, 1-3-2023)
Notes
| 1 | 1. American National Standards Institute ANSI 119.5 Standards: https://webstore.ansi.org/ |
| 2 | 2. NOAH ANSI 119.5 + Standards: http://noahcertified.org/ |