Words used in this title are defined as follows; provided, however, that in the event the Idaho Code has a definition in conflict with those set forth herein, the Idaho Code definition shall prevail:
ABUTTING: Property that is adjoining or bordering another property or separated only by a private street, alley or easement.
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.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a "dwelling unit".
ACREAGE: Any tract or parcel of land which has not been subdivided.
AESTHETIC: Those qualities of a development or natural feature which contribute to a pleasant environment.
AFFECTED PERSON: A person having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the proposed development.
AGGRIEVED PERSON: A person having an interest in real property who has been adversely affected by the issuance or denial of a permit authorizing the development.
AGRICULTURAL LAND: Land consisting of five (5) acres or more used for the raising of plant crops and animals on pasture, but excluding agriculture product processing plants, stockyards, feedlots, dairies and livestock containment operations. (See Idaho Code section 50-226.)
AIRPORT: Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
ALLEY: A passageway providing secondary rear access with a platted width not wider than necessary to accommodate a driving surface, drainage, utilities, fencing and appurtenant facilities.
AMENITY: Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment.
ANIMAL, SMALL AND LARGE: An animal shall be considered small if it is a domestic pet normally kept in a house and weighs less than one hundred fifty (150) pounds at maturity. All other animals shall be classed as large animals.
APARTMENT: A room or suite or rooms in a multiple-family structure which is arranged, designed, or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities.
APARTMENT HOUSE: Multi-family housing complex of rental apartments.
APPEAL: A request for a rehearing or reconsideration to a higher authority for a change of the decision on the application.
APPLICANT: Any person initiating an application or request for an action authorized under this title.
APPLICATION: Proposals which are initiated on the appropriate forms and properly filed with the planning and zoning clerk by a person for consideration by the commission and council.
APPOINTED MEMBERS: All members of the planning and zoning commission appointed by the mayor and approved by the city council and board of county commissioners for the area of impact appointees.
ARCHITECT: A person qualified by reason of knowledge of mathematics, arts, physical sciences and principals of architecture acquired by professional education and experience, to engage in the practice of architecture. See Idaho Code sections 54-301 and 67-601(s).
AREA, BUILDABLE: The space within the setback lines remaining after the minimum open space requirements of this title have been complied with.
AREA, MINIMUM LOT: The minimum area which is allowed within the property lines of the lot, excluding adjoining streets or rights of way.
AREA OF CITY IMPACT: The area surrounding the city as established by mutual agreement with Twin Falls County in conformance with Idaho Code section 67-6526.
AREA, PARKING:
Private: An open graded area, other than street or public way, designed, arranged and made available for the parking of private vehicles.
Public: An open graded area, other than a street or alley, used for the temporary parking of automobiles and available for public use or as an accommodation for clients or customers.
AREA REQUIREMENTS: The designation given to the specific requirements set forth in a zone or district by the text of this title. The area requirements refer to the numerical standards established for a lot and building coverage in a particular district.
AUTHORIZED PERSONS: Persons appointed by the mayor and approved by the city council to assist the planning and zoning clerk and planning and zoning commission.
AUTOMOBILE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES: Sale or rental of new and used motor homes, motor vehicles, travel trailers or farm implements, but not including repair work, except incidental warranty, to be displayed and sold on the premises.
AUTOMOBILE, MOTOR VEHICLE OR EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment, including service, painting and steam cleaning of vehicles.
AUTOMOTIVE WRECKING YARD: Premises on which two (2) or more currently nonlicensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing, dismantled or stored for more than thirty (30) days. Motor vehicles include also mobile homes, trailers or trucks. Vehicles stored in fully enclosed buildings are exempt from this definition. Farm equipment located on a farm is also excluded from this definition.
BASEMENT: That portion of a dwelling unit all or partly underground and having at least one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST: See definition of Boarding House, Rooming House, Dormitory.
BICYCLEWAY: A public way designed for the use of nonmotorized vehicles.
BILLBOARD: A rigid assembled outdoor sign, display or device permanently affixed to the ground or permanently attached to a building or other permanent structure constituting or used for the display or a commercial message, unrelated to any use or activity on the property on which the sign is located. For purposes of this definition, "commercial message" shall include all direct or indirect advertisements for any transaction for profit involving merchandise, goods, commodities, articles or services.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARDING HOUSE, ROOMING HOUSE, DORMITORY: A dwelling or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more persons not in the same family, and where no cooking or dining facilities are provided in the individual rooms. See also definition of Lodging House.
BOND, PERFORMANCE OR SURETY: A financial guarantee by a third party on behalf of a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
BUFFER STRIP OR ZONE: An area established to protect one type of land use from possible undesirable characteristics of another, as between industrial and residential zones.
BUILDING: Any structure securely fixed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building, or use. (See illustration in appendix to zoning ordinance on file in the office of the clerk-treasurer.)
BUILDING CODE: The building code or codes adopted by the city.
BUILDING, EXISTING: A building erected prior to the effective date hereof or one for which a legal building permit has been issued as of the effective date of this title's initial adoption.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs.
BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this title. (See chapter 5 of this title.)
BUILDING PERMIT: A permit issued by the city under the official building codes adopted by the city.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE: An imaginary line established by this title that requires all buildings to be set back from lot lines. (See illustration in appendix to zoning ordinance on file with the city clerk-treasurer.)
BUILDING SITE: Geographic location where a vacant or occupied structure exists. "Site" usually means the land reserved for a future building.
BULK: A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area.
CARPORT: A stationary structure to house or protect motor vehicles which has at least forty percent (40%) of the total area of its sides open to the weather.
CELLAR: That portion of a building between floor and ceiling which is wholly or partly below grade.
CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery, for which perpetual care and maintenance is provided.
CENTRALIZED SEWER SYSTEM: Any sewage system serving one or more residences or businesses, approved by South Central district health and department of environmental quality and designed for treatment of sewage on site or for collection and transmission of sewage to a larger treatment system.
CERTIFICATE OF OCCUPANCY: A permit, issued by the city, to occupy a premises after inspection has verified compliance with the requirements and provisions of this title and applicable building and fire codes.
CERTIFICATION OF ZONING COMPLIANCE: See definition of Zoning Permit.
CHAPTER: A chapter of the current city code.
CHILDCARE FACILITY: Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, and not members of the operator's own family, for periods less than twenty four (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of childcare facilities:
A. Family Childcare Home: A childcare facility which provides care for five (5) or fewer children throughout the day.
B. Group Childcare Home: A childcare facility which provides care for six (6) to twelve (12) children throughout the day.
C. Childcare Center: A childcare facility which provides care for more than twelve (12) children throughout the day.
In determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative.
CITY: The city of Buhl, which has jurisdiction over the land under consideration in this title.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.
CLINIC, SMALL ANIMAL: Business establishment in which veterinary services are rendered to small domestic pets on an outpatient basis with no overnight boarding allowed.
CLUB OR LODGE: A building or premises owned or operated by an organized association for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
CLUSTER DEVELOPMENT:
Industrial And Commercial: Units which are concentrated in one area and served by common parking, roads and utilities.
Residential: Units which are concentrated in one area and surrounded by common open space.
CODE: The Buhl city code.
COMMERCIAL DAIRY FARM: A farm whose principal function is the production of milk and milk products and which may include the processing of milk; and produces, ships or sells milk off the premises. A dairy farm further refers to a dairy barn, processing facility or feeding area where animals are kept, raised or fed in a restricted area, and where the milking area is subject to the approval of the proper state and federal regulatory agencies.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMMERCIAL MEATPACKING FACILITIES: Includes meat canning, curing, smoking, salting, packing, and freezing or other similar establishments in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.
COMMISSION: The planning and zoning commission members appointed by the mayor with the approval of the city council, and the members appointed by the board of commissioners of Twin Falls County.
COMMON AREA: Lands or real estate intended for the common use of a group of persons having an undivided common interest therein.
COMMON WALL: A wall located upon or at the division line between adjoining premises used, intended to be used or available to be used by both owners of such premises.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted pursuant to Idaho Code title 67, chapter 65, by the city council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.
CONDITIONAL USE; SPECIAL USE: A use otherwise prohibited by the terms of this title in a given zone, but which may be allowed with conditions under specific provisions of this title when not in conflict with the comprehensive plan.
CONDOMINIUM: A system of individual fee ownership of units in a multi-unit structure which is usually combined with joint ownership of common areas of the structure and land.
CONTIGUOUS: Two (2) parcels of land which, at some point, have a common border.
CONTRACTOR YARD (AGENCY MAINTENANCE YARDS): Any parcel of land used for storage, maintenance or processing incidental to the business of building, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities.
CONVALESCENT OR NURSING HOME, REST HOME: Any home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both, for a period in excess of twenty four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves.
CONVENIENCE CENTER: A commercial development offering goods at retail and personal services to a limited area.
CONVENIENCE STORE: A store offering goods, including gasoline, for sale at retail. The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included within this definition. (See also definition of Service Station.)
COUNCIL: The city council of Buhl, Idaho.
COUNTY: Twin Falls County, Idaho, and its governing board.
COUNTY RECORDER: The office of the Twin Falls County recorder.
COURT: An open, unoccupied space, other than a yard, bounded on two (2) or more sides by a building.
COVENANTS: A written restriction, promise or pledge, which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of all affected landowners.
CULVERT: A drain to channel water under a bridge, street, road or driveway.
CURB GRADE: The established elevation of the curb measured at the center of the front of the building. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this title.
DAIRY: See definition of Commercial Dairy Farm.
DEDICATION: Property given and accepted as a grant to the public.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including public rights of way.
Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights of way.
DEVELOPED AREA: That portion of development which contains all structures, roads and site improvements. Common open space shall be deemed to be part of the developed area.
DEVELOPER: The owner, or the owner's legally authorized agent, of lands that are being platted or mapped.
DEVELOPMENT: Lands within the boundaries of an area that is platted or mapped in accordance with this title that are intended to be improved by the construction or addition of buildings or other structures; by mining, dredging, filling, grading, paving, excavation or drilling.
DEVELOPMENT PLAN; PRELIMINARY AND FINAL: All plats, plans and/or submissions by a developer, in whole or part, describing a development.
DISTRICT OR ZONE: Geographic location with designated boundaries within which certain regulations apply under the provisions of this title.
DIVIDE OR DIVISION: Any partition of a parcel of real property whether by deed, mortgage, deed of trust, sales agreement, will, trust, court order or decree, or otherwise.
DOMESTIC LIVESTOCK: Cattle, dairy animals, horses, mules, sheep, goats, alpacas, llamas, and other grazing animals as would be found on a normal farm livestock operation.
DRIVE-IN: An establishment (other than a service station or truck stop) which is designed to accommodate motor vehicles and patrons in such a manner as to permit occupants of such vehicles to remain in their vehicle while receiving services or making a purchase.
DRY LINE SEWER: Sewer lines which have been installed as per city specifications before connections to a municipal wastewater treatment facility become a reality.
DWELLING: A building or portion thereof designed exclusively for residential occupancy, including manufactured homes, but not including hotels, motels, boarding and lodging houses, trailers, campers, RVs or trailer houses.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more attached dwelling units.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space, including however, any home in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside with supervision. See Idaho Code sections 67-6531 and 67-6532.
DWELLING, TWO-FAMILY (DUPLEX): A dwelling designed to be used by two (2) families consisting of two (2) dwelling units which may be either attached side by side or one above the other.
DWELLING UNIT: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters.
EASEMENT: A right, privilege, service or convenience, possessed by one person, either through agreement or through condemnation, to use for a specified purpose, a designated portion of a property owner's land.
ENGINEER: A person who is qualified to engage in the practice of professional engineering. See Idaho Code section 54-1202(s).
EQUESTRIANWAY: A public way designed for horseback riding.
FAMILY: One or more persons occupying a single dwelling unit, provided all members are related by blood, adoption, marriage or guardianship.
FARM: Land which is being used for the purpose of raising of plant crops and animals on pasture. See Idaho Code section 50-226.
FEEDLOTS: Any parcel of land having greater than five (5) animal units per acre in a confined area or any parcel of land containing twenty (20) acres or more having more than one hundred (100) animal units total. All livestock shall have the following animal unit equivalents:
Slaughter or feeder cow | = | 1.0 animal unit |
Dairy heifer | = | 1.0 animal unit |
Beef cow/calf pair | = | 1.2 animal units |
Mature dairy cow | = | 1.4 animal units |
Swine | = | 0.5 animal unit |
Sheep or lamb | = | 0.2 animal unit |
Horse | = | 1.0 animal unit |
Goat | = | 0.3 animal unit |
All others not listed | = | 1.0 animal unit per 750 pounds |
FENCE: An enclosure to prevent straying from within or intrusion into.
FENCE, OPEN: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%).
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway and floodway fringe, as established by the engineering practices as specified by the army corps of engineers.
FRONTAGE ROAD: A road which has unlimited access to collector and access streets but has limited access to arterial streets.
GARAGE, ATTACHED: A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
GARAGE, DETACHED: A garage which is completely surrounded by open space.
GARAGE, PRIVATE: An enclosed accessory building or an accessory portion of the main building designed and used for indoor parking or storage of vehicles or boats owned and operated by the occupant of the main dwelling. An unattached garage is considered to be an accessory building.
GARAGE, PUBLIC: A building or portion thereof (except a private garage) used or designed to be used for the storage of motor vehicles.
GARAGE, REPAIR: A building used for the storage, parking, care or repair of motor vehicles, or where such vehicles are kept for remuneration, hire or sale. See also definition of Service Station.
GLARE: To shine with a harsh, uncomfortably bright light.
GOVERNING BOARD: The city council of the city of Buhl, Idaho, for areas within the corporate boundaries of the city of Buhl and the board of county commissioners for areas within the city of Buhl area of impact.
GOVERNMENTAL FACILITIES: Facilities operated or occupied by a governmental agency.
GRADE: The ground elevation at a building site.
GRADE, ESTABLISHED: The curb line grade at lot lines as approved by the city highway district engineer or appropriate agency.
GRANDFATHER RIGHTS: See definition of Nonconforming Use.
GUESTHOUSE: A structure for human habitation containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.
HABITAT: Character of natural environment.
HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HISTORICAL SITES: Sites established by city, county, state or federal government as historical monuments that should be preserved.
HOME OCCUPATIONS, URBAN AND RURAL: Any gainful operation, profession or craft, which is customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part.
HOME, RETIREMENT: A residence for several families or individuals in apartment like quarters, which feature one or more of the following services to retired and/or handicapped persons such as limited nursing facilities, minimum maintenance, living accommodations, rehabilitation and recreation programs and facilities.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty four (24) hours or more. The term hospital does not include convalescent, nursing or boarding homes and does not include institutions devoted to the care of the mentally ill or drug or alcohol addicted.
HOTEL/MOTEL: Any building or group of buildings, connected or detached, used for transient residential purposes containing six (6) or more guestrooms without housekeeping facilities which are intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests. See definition of Motel.
HOUSEHOLD PET: Animals, fish or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets.
IMPACT AREA: That area duly negotiated and adopted pursuant to Idaho Code section 67-6526 by the city of Buhl and Twin Falls County, state of Idaho, by means of a separate ordinance.
IMPROVEMENT: Any alternation to the land or other physical construction associated with building site developments.
INDUSTRIAL: The manufacture, processing and testing of goods, materials, including the production of power.
INGRESS AND EGRESS: Entrance and exit.
INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
JUNKYARD: An outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards and places where such uses are conducted entirely within a completely enclosed building, such as pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL: Any lot or premises or portion on which four (4) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale including privately or publicly owned, operated or managed dog pounds.
LABORATORY: A place devoted to experimental study such as testing and analyzing.
LAND USE: A term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries.
LAND USE MAP: The map showing generalized land use.
LAND USE PLAN: The Buhl comprehensive plan.
LIVESTOCK CONFINEMENT OPERATION (LCO): Any lot, corral or facility where more than ten (10) livestock are confined, stabled and fed, or maintained for a total of forty five (45) days or more in any twelve (12) month period; and on which crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected when required off street parking spaces are filled. Required off street loading space is not to be included as off street parking space in computation of required off street parking space. All off street loading spaces shall be located totally outside of any street or alley right of way.
LODGING HOUSE: See definition of Boarding House, Rooming House, Dormitory.
LOT: A parcel of land which is of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required in this title. A lot shall have frontage on an approved street and may consist of: a) a single lot; b) a portion of a lot; and c) a combination of complete lots, or of portions of lots.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or other rights of way.
LOT CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts at the point of intersection of the street lines is the "corner".
LOT COVERAGE: The area of a zoning lot which is occupied by the principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage.
LOT, DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart.
LOT DIVISION: See definition of Lot Split.
LOT, DOUBLE FRONTAGE: A lot with frontage on two (2) streets.
LOT, FLAG: A lot in the shape of a flag on a pole or similar design. A flag lot shall have frontage on a public street of sufficient width for ingress and egress of fire equipment, the exact frontage width to be determined by the Buhl city fire chief.
LOT FRONTAGE: The distance across the lot along the street right of way line.
LOT, INTERIOR: A lot with only one frontage on a street.
LOT LINE ADJUSTMENT: The act of moving or reestablishing the common boundary line between two (2) adjacent lots or parcels of land in such a manner that the legal description of each lot or parcel of land is changed.
LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line or conforming to lot depth.
LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line.
LOT LINES: Property lines bounding the lot.
LOT MEASUREMENT:
A. Depth: Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lines in the rear.
B. Width: Width of lot shall be considered to be the distance between straight lines at each side of the lot, measured across the rear of the required front yard, provided the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the outer radius of cul-de-sacs, where the eighty percent (80%) requirements shall not apply.
LOT, MINIMUM AREA OF: The area of a lot computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot shown as a part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county recorder.
LOT SPLIT: Dividing a tract of land into two (2) lots, parcels or sites for the purpose of sale or building development. (See resolution 199.)
LOT, THROUGH: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both lines facing a street shall be deemed front lot lines.
MANUFACTURED BUILDINGS: A fabricated, transportable building (other than a mobile home) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes and which has attached to the building a valid insignia which states that the manufactured building is built in accordance with the international building code and applicable laws, rules and regulations. Buildings to be used for residential purposes shall also include in the insignia that such building is in compliance with HUD minimum property standards for such construction.
MANUFACTURED HOME: A structure built since June 15, 1976, that bears the seal of HUD indicating it has met the mobile home construction and safety standards of the United States department of housing and urban development (HUD standards) and is used as a permanent dwelling. Manufactured homes shall comply with the development standards found in section 9-11-3 of this title.
MANUFACTURED HOME SUBDIVISION: A subdivision designed and intended for exclusive manufactured home residential use.
MANUFACTURED/MOBILE HOME PARK: Any site or tract of land under single ownership upon which two (2) or more mobile homes or travel trailers are parked or placed either free of charge or for revenue purposes.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, requiring large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generating some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution.
MANUFACTURING, LIGHT: Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and stores within enclosed structures, and which generates little industrial traffic and no nuisances.
MARQUEE: A permanent roofed structure attached to and supported by the building and projecting over public property.
MEATPACKING (COMMERCIAL): A facility which includes the canning, curing, smoking, salting, packing and freezing of meat products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat byproducts and meat food products are maintained. See definition of Slaughterhouse And Meatpacking (Commercial).
MOBILE HOME: A structure of over four hundred (400) square feet in interior area that is transportable in one or more sections, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, which has attached to the structure a valid insignia which states that the mobile home is in compliance with federal mobile home construction and safety standards (HUD); not to include recreational vehicles or travel trailers.
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling designed to be transported on its own wheels or on a flatbed trailer.
MODULAR HOME: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the international building code and Idaho division of building safety standards, as adopted or any amendments thereto, which is closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
MONUMENT: Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303.
MOTEL: A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, 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. See also definition of Hotel/Motel.
MOTOR HOME: See definition of Recreational Vehicle.
MOTOR VEHICLE REPAIR: Incidental repairs, replacement of parts and motor service.
MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM: City facilities for the central collection and treatment of domestic wastewater.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment hereof, and which does not conform to the regulations of the district in which it is situated.
NURSERY OR GREENHOUSE FOR FLOWERS AND PLANTS: Land, building structure or combination thereof for the storage, cultivation and transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include (along with the natural environmental features) water areas, swimming pools, tennis courts and any other recreational facilities. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included.
OPEN SPACE (COMMON): Any private open space intended for use by occupants of a development. The space may include, but is not limited to, recreation areas, landscaped plazas, fountains, sitting areas, natural areas and is meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the development.
OPEN SPACE (PUBLIC): Land in public ownership or control which includes, but is not limited to, parks, recreation areas, water bodies, historical sites, public utility easements, scenic routes, floodplains, slide areas, areas too steep for safe construction, wildlife refuges, natural areas, forests, fisheries and watersheds.
ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or survey of record on file in the office of the county recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of October 1, 1981, for land within the city limits of Buhl, Idaho, and as of November 15, 1981, for real property located within the city area of impact. See resolution 199.
OWNER: The proprietor of the land, having legal title. Idaho Code section 50-1301(3).
OWNERSHIP: The individual, firm, association, syndicate, partnership or corporation holding title to property.
PARCEL SPLIT: The division of a parcel of land described by metes and bounds, and not included in a subdivision, into two (2) building sites. See also definition of Lot Split.
PARKING AREA OR LOT (PRIVATE): An open, hard surfaced area (other than a street or public way) designed, arranged and made available for private passenger automobiles of occupants of the building or buildings for which the parking area is developed.
PARKING AREA OR LOT (PUBLIC): An open, hard surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles or commercial vehicles and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, OFF STREET: An off street parking space shall consist of an area adequate for parking an automobile with dimensions conforming to the requirements of this title.
PASTURE: An enclosure for animals in which no feed is provided except that obtained by grazing during the growing season. Feed may be brought into a pasture during the nongrowing season.
PEDESTRIANWAY: A public way designed to be used as a walkway for pedestrians.
PERFORMANCE OR DESIGN STANDARDS: Standards which are often applied to industrial, residential and commercial districts and place limits on such things as noise, dust, glare, smoke, vibration, radioactivity and odors; any proposed use which cannot meet these standards is not to be allowed, and once a use has been permitted, it must maintain its ability to meet the standards or else have its certificate of occupancy revoked.
PERFORMANCE OR SURETY BOND: See definition of Bond, Performance Or Surety.
PERMANENT: Six (6) months or more.
PERMIT: A document authorizing the use of land and structures, and the characteristics of the uses.
PERMITTED USE: The utilization of land which shall be permitted to take place in any district as set forth by this title.
PERSON: Any individual or any corporation, joint venture, limited partnership, partnership, firm, association, trustee or other similar entity or organization.
PERSONAL SERVICES: Any enterprise conducted for gain primarily offering services such as shoe repair, watch repair, barbershops, beauty parlors.
PLANNED UNIT DEVELOPMENT (PUD): A tract of land on which a variety of residential, commercial and manufacturing uses may coexist in a preplanned environment with more flexible standards than normally apply to the use of land in a standard zoning district. See chapter 24, article F of this title.
PLANNING AND ZONING CLERK: A person appointed by the council for the purpose of carrying out the provisions of this title.
PLAT: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, into two (2) or more lots, including certifications, descriptions and approvals. See Idaho Code section 50-1302(4).
PREMISES: A parcel of land or contiguous parcels of land with their appurtenances and buildings which are under one ownership or control.
PRIVATE: Belonging to an individual or group and not for the public or open to the public.
PRIVATE ROAD: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system. See Idaho Code section 50-1301(5).
PROFESSIONAL OFFICES: Structures where those engaged in a profession conduct their business and activity.
PROFESSIONAL SERVICES: Services offered by persons engaged in legal, engineering, architectural, design, planning, accounting, banking, auditing, educational and related professions.
PUBLIC: Owned by federal, state or local government or subdivisions thereof.
PUBLIC RIGHT OF WAY: A right of way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right of way for vehicular traffic. See Idaho Code section 50-1301(8).
PUBLIC SERVICE FACILITY: Buildings, power plants or substations, water storage tanks, public garages, water treatment plants, sewage disposal or pumping plants and other similar public service structures owned and/or operated by a public utility, railroad or municipal or other governmental agency.
PUBLIC STREET: A street, road, thoroughfare, alley, highway or bridge under the jurisdiction of a public highway agency. See Idaho Code section 50-1301(9).
PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities; also, public owned buildings, fire and police stations, libraries, post offices and public utility administration buildings.
PUBLIC UTILITY: Any person, entity or municipal department that is duly authorized to furnish to the public, under regulation, such as, but not limited to, electricity, gas, steam, telephone, transportation or water.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
REAL PROPERTY: Real estate consisting of: a) lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer; b) that which is affixed to land; and c) that which is appurtenant to land.
RECREATIONAL VEHICLE: A vehicular unit primarily designated as temporary living quarters for recreation, camping, or travel which either has its own power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, fifth wheeler and motor home.
RECREATIONAL VEHICLE PARK: A plot of land upon which two (2) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
REPAIR: The reconstruction, renewal or maintenance of real or personal property.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, planning and engineering.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RESTAURANT: Any land, building or part thereof (other than a boarding house) where meals are provided for compensation.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. In addition to the roadway, it incorporates the curbs, special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges.
ROADSIDE STAND: A temporary or mobile structure designed or used for the display or sale of products or services.
ROOMING HOUSE: See definition of Boarding House, Rooming House, Dormitory.
SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment. This does not include places where such uses are conducted entirely within a completely enclosed building, and does not include pawnshops or establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
SANATORIUM: Any place where resident patients are kept and which specializes in clinical, temporary and emergency services of a medical or surgical nature as distinguished from treatment of mental and nervous disorders.
SCHOOL (KINDERGARTEN, ELEMENTARY, INTERMEDIATE, MIDDLE, JUNIOR OR HIGH): An institution of learning (either public or privately supported) which offers instruction in the several branches of learning and study required to be taught in the public schools by the state of Idaho. High school includes junior and senior high.
SCHOOL, COMMERCIAL: A building where instruction is given in arts, crafts or trades and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
SCREENING: See definition of Buffer Strip Or Zone.
SECONDARY USE (INCIDENTAL OR ACCESSORY): A minor or second use for which a lot, structure or building is designated or employed in conjunction with but subordinate to its primary use.
SEMIPRIVATE FACILITY: Any facility to which a group of the public is permitted to attend or use subject to regulations of a club or organization owning such facility.
SERVICE BUILDING: Any permanent building designed to provide service facilities to inhabitants or users of any development.
SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where minor motor repair and services may be rendered. Uses permissible at a service station do not include major body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes or smoke. See definition of Garage, Repair.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located aboveground except as may be provided in this title.
SHELTER HOME: Building or facility however named, operated on either a profit or nonprofit basis for the purpose of providing a home with necessary supervision for three (3) or more persons not related to the owner and who are unable to care for themselves.
SHOPPING CENTER: A group of commercial establishments, planned, developed, owned and/or managed as a unit.
SIDEWALK: That portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGN: Any device designed to inform or attract the attention of persons on which the sign is located.
Sign, Illuminated: Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
Sign, Lighting Device: Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
Sign, Off Premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
Sign, On Premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
Sign, Projecting: Any sign which projects from the exterior of a building.
SITE PLANNING: The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structures, circulation and parking layouts, landscaping features and numerous other design factors that relate to the improvement of a parcel of land.
SLAUGHTERHOUSE AND MEATPACKING (COMMERCIAL): A facility which includes the slaughtering, meat canning, curing, smoking, salting, packing, rendering or freezing of meat products, or a facility in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.
SPECIAL USE: See definition of Conditional Use; Special Use.
STABLE, PRIVATE: A detached accessory structure for the keeping of one or more horses, mules, llamas, alpacas or cows owned and used by occupants of the premises and not for remuneration, hire or sale.
STABLE, RIDING: A structure used or designed for the boarding or care of riding horses.
STANDARD SPECIFICATIONS: The specifications as specified by the city.
STATE: The state of Idaho.
STOCKYARD OR FEEDLOT (COMMERCIAL): See definition of Livestock Confinement Operation (LCO).
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, cellar or unused underfloor space) is more than six feet (6') above "grade" as defined in this section for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above "grade" as defined in this section at any point, such basement, cellar or unused underfloor space shall be considered a story.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties. The term street also includes the terms highway, thoroughfare, parkway, road, route, avenue, boulevard, lane, place, loop, circle, drive and other such terms.
STREET, HALF: A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development.
STREET LINE: A line separating an abutting lot or parcel from a street.
STREET, PROPOSED: The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the city master street plan, Twin Falls County master thoroughfares plan, or any state or federal highway, the alignment of which is officially approved.
STREETS:
Collector: Those which provide both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system.
Local: Those which comprise all facilities not on the other of the higher systems.
Minor Arterials: Those which interconnect with and augment the principal arterial system and provide service of moderate length at a somewhat lower level of travel.
Principal Arterials: Should carry the major portion of trips entering and leaving the area as well as the majority of the through trips desiring to bypass the central city.
STRIP DEVELOPMENT: Usually found along a major roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact.
STRIP ZONING: Zoning usually found along a major roadway.
STRUCTURAL ALTERATION: Any change in the structural members of a building such as walls, columns, beams or girders.
STRUCTURE: Anything constructed or erected in which the use requires permanent location on the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure.
SUBDIVIDER: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this title, and his acts or representations shall be binding upon the owners.
SUBDIVISION: Any land which is divided or proposed to be divided into two (2) or more lots, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single subdivider, or a group of subdividers acting in concert, and such land is contiguous or is known, designated or advertised as a common unit or by a common name. Such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale, lease, transfer or development as part of a common plan. However, this shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which 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. The unwilling sale of land as a result of "legal condemnation" as defined and allowed in the Idaho Code.
C. Widening of existing streets to conform to the comprehensive plan.
D. The acquisition of a street right of way by a public agency in conformance with the comprehensive plan.
E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage.
F. A sale or exchange of lands used exclusively and solely for agricultural purposes.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies and similar goods.
SURVEYOR: A person qualified by reason of his knowledge of the principles of surveying acquired by education and experience, and who is authorized by the laws of the state of Idaho to practice land surveying. See Idaho Code section 54-1202(e).
THEATER, OUTDOOR DRIVE-IN: An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TITLE: The meaning of the word "title" will depend upon the context of the sentence or paragraph it is used in:
A. A title or chapter in the city code.
B. The legal right of an ownership interest in a property.
TOWNHOUSE OR ROW HOUSE: A row of two (2) or more attached single-family dwellings, each being built with similar architectural treatment and separated by vertical divisions or lot line walls and each with private entrances.
TRANSITIONAL USE: Use of land designed to serve as a buffer between conflicting land uses such as residential and commercial uses or between residential and heavily traveled traffic arterials.
TRAVEL TRAILER: See definition of Recreational Vehicle.
TRIP GENERATION: An element of a traffic volume survey which indicates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use. As an example, an office building generates "x" number of trips to work by its employees and "x" number of trips home from work.
TRUCK STOP: A service station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on premises trade including large trucks as well as automobiles and including the sale of tires, batteries, automotive accessories, related services, major and minor motor vehicle repairs, as well as special services to operators and drivers of trucks operating on an interstate basis.
UNDEVELOPED AREA: That portion of a development which is left unimproved or a parcel of land which is unimproved.
UNPLATTED AREA: Any area that has not been subdivided according to the provisions of Idaho Code section 50-1300 et seq.
URBAN SERVICES: According to this title, urban services shall include, but not be limited to, the following, where applicable: municipal central sewer and water facilities, pedestrian walkways and bicycle paths, open space, parks, recreation lands, police and fire protection, public transit, schools, libraries, storm drainage, and urban standard streets and roads.
URBAN SPRAWL: Scattered development which is not contiguous to the urbanized part of a municipality.
USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied, maintained, let or leased.
UTILITY: Any public or private corporation or company which supplies the public or a group of individuals with the following commodity, service or both: telephone, gas, electricity, water, or sewage disposal.
VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setback, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots and public ways. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site, and the variance is not in conflict with the public interest.
VESTED RIGHTS: Rights which have so completely and definitely accrued to or settled in a person that they are not subject to being defeated or canceled by the act of any other private person, and which it is right and equitable that the government should recognize and protect, as being lawful in themselves, and settled according to the then current rules of law, and of which the individual could not be deprived arbitrarily without injustice, or of which he could not justly be deprived otherwise than by the established methods of procedure and for the public welfare. Vested rights cannot be interfered with by retrospective laws, they are interests which it is proper for the state to recognize and protect and of which an individual cannot be deprived of arbitrarily. The enjoyment of a vested right may be in the present or may be postponed until the happening of some future event which is certain to occur.
VETERINARY, ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby developments, landmarks or community facilities and services within the general area in order to better locate and orient the area in question.
WALKWAY: A public way for pedestrian use only, whether or not along the side of the road.
WET SEWER LINE: Sewer lines connected to a municipal wastewater treatment facility.
WRECKING YARD: See definition of Automotive Wrecking Yard.
YARD: A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, that accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see appendix of the zoning ordinance on file in the office of the city clerk-treasurer.)
Front Yard: A yard extending between side lot lines across the front of a lot and from the front lot lines to the front of the principal building.
Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
Rear Yard: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
ZERO LOT LINE: A building design which allows for a dwelling to be built right on the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance.
ZONING MAP: The graphic depiction of the zones or districts within the city limits of the city and the area of city impact.
ZONING PERMIT: A document issued by the city authorizing the uses of land and structures.
ZONING POLICY: The policy as adopted by the city. (1974 Code § 4-203; amd. Ord. 929, 5-14-2007; 2010 Code; Ord. 970, 4-22-2013)