For the purpose of this chapter, certain terms are defined as set forth herein. All words in the present tense include the future tense. The plural includes the singular, and all words in the singular include the plural unless the nature of construction of the sentence indicates otherwise. The word "shall" means something is mandatory.
ACCESSORY BUILDING OR STRUCTURE: A building or structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use and meets all criteria under section 10-02-04 of this chapter. Shall not be used for dwelling purposes or human habitation at all, unless specifically stated otherwise elsewhere in this chapter.
ACCESSORY DWELLING UNIT (ADU): Secondary dwelling unit on the same lot of the principal residence that includes its own independent living facilities with provisions for sleeping, cooking, and sanitation.
ACCESSORY USE: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use and meets all criteria under section 10-02-04 of this chapter. Shall not be used for dwelling purposes or human habitation at all, unless specifically stated otherwise elsewhere in this chapter.
ADDITION: A structure added and attached to the original structure at some time after the completion of the original or an extension or increase in floor area or height of a building or structure. An addition shall meet all of the codes currently in place at the date of application for the addition.
ADULT ENTERTAINMENT BUSINESS: Materials, stock or trade, books, magazines or films, videos, machines, devices, clothing, theatrical presentation, adult cabaret, dance, or performances which have as a central theme or attraction the gratification of sexual desires of persons for whom it is intended to be distributed to or to be seen by.
AGRICULTURE, GENERAL: Tilling of soil, horticulture, growing crops, raising livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding commercial feedlots, raising of swine for commercial use, raising of poultry for commercial use, commercial dairies (as defined) and similar intensive agri-related uses.
AIRPORT: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and freight.
AIRPORT TERMINAL: An establishment that provides accommodations for aircraft passengers, crew and freight and may include restaurants, gift shops, retail stores, barber/beauty shops, spa services, delicatessens, espresso shops, pastry shops, ice cream shops, shoeshine stands, newspaper and magazine stands, car rental agency booths, and other shops normally associated with an aviation terminal.
ALTERATION: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Any change that affects the configuration of exterior walls, exterior spaces or bulk of the building. An alteration shall meet all codes currently in place at the date of application for the alteration.
AMBULANCE SERVICE: Provision of emergency medical care transportation, including incidental storage, maintenance and parking of medical transport vehicles, as well as living/sleeping quarters for ambulance personnel.
AMUSEMENT CENTERS: A facility, either indoor or outdoor, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, as well as buildings for shows, entertainment, restaurants, and souvenir sales. Also an area, either indoor or outdoor, open to the public, that contains amusement parks, carnivals, coin operated games, rides, shows, and similar entertainment facilities and devices.
ANIMAL CARE FACILITY: This definition is for purposes of the city center zoning district only; any structure, or portion thereof, that is designed or used for the boarding, care, diagnosis or treatment of animals, including, but not limited to, sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention. The term animal care facility shall include, but not be limited to, an animal clinic, animal hospital, or veterinary office or kennel.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed and has its own address.
ARTIST STUDIO: This definition is for purposes of the city center zoning district only; the use of a site for the production, display and sale of individually crafted artwork including painting, sculpture, jewelry, pottery, leather craft, stitchery, and photography.
ARTS AND CRAFTS SHOWS: Events held either indoors or outdoors that showcase arts and crafts items for sale to the general public.
ARTS, ENTERTAINMENT AND RECREATION FACILITIES: This definition is for purposes of the city center zoning district only; the use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to, motion picture and performing arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, and bowling.
ASSEMBLY PLANT: See definition of Factory.
ASSISTED LIVING FACILITY: Residences for the mildly physically or mentally impaired or the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Assisted living facilities range in size from a few rooms to more than a hundred. The facilities are sometimes combined with other types of housing, such as congregate apartment housing for the elderly or residential healthcare facilities.
AUCTION: A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. The use of a site for the public sale of goods, wares, merchandise, or equipment to the highest bidder, excluding the sale of livestock or motor vehicles.
AUTOMOTIVE RENTAL LOT: A lot or parcel used for the rental of vehicles, motor homes, recreational vehicles, or motorcycles. A building housing offices may be included as part of the business. All vehicles, motor homes, recreational vehicles and/or motorcycles held on the rental lot shall be in operating condition.
AUTOMOTIVE REPAIR SERVICES: A lot or parcel used for the repair of all types of vehicles, motor homes, recreational vehicles, or motorcycles. All repair work shall be conducted within an enclosed building and no vehicle, motor home, recreational vehicle or motorcycle shall be stored outside of an enclosed building for more than thirty (30) days.
AUTOMOTIVE SALES, NEW: A lot or parcel used by an authorized dealership that is primarily in the business of selling new passenger vehicles or motorcycles. A building housing a sales office, showroom, and repair/service area may be included as part of the dealership. The dealership may also sell used passenger vehicles or motorcycles and provide rental and/or leasing services.
AUTOMOTIVE SALES, USED: A lot or parcel used for the sale of used passenger vehicles or motorcycles. All passenger vehicles or motorcycles for sale shall be easily accessible and shall be in operating condition.
AUTOMOTIVE STORAGE, INDOOR ONLY: The use of fully enclosed buildings in which two (2) or more vehicles are stored more than thirty (30) days. Vehicles may or may not be in operating condition. This definition excludes residential garages.
AUTOMOTIVE STORAGE, OUTDOOR: Any use of premises, excluding fully enclosed buildings, on which two (2) or more vehicles are standing more than thirty (30) days. Vehicles may or may not be in operating condition. This definition does not apply to those businesses that meet the definition of new or used automotive sales.
AUTOMOTIVE TOW YARD: A business or facility that tows operable or inoperable vehicles to its site, where they may be stored for thirty (30) days or more, or to another site. Not a wrecking/salvage yard, but rather for storage only. No dismantling, wrecking, repairing, bodywork, salvaging or similar may take place; only storage of operable or inoperable vehicles after being towed.
AUTOMOTIVE WRECKING/SALVAGE YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more vehicles not in operating condition are standing more than thirty (30) days, or on which used vehicles, or parts thereof, are dismantled or stored.
BAIL BOND USE: Any use or business, whether primary or ancillary, that provides bail and/or bail bonds as defined pursuant to chapter 29, title 19, Idaho Code.
BAKERY OR BAKERY GOODS STORE: An establishment that principally bakes and/or sells baked goods to be generally consumed off site.
BANK, CREDIT UNION: Financial institutions that provide retail banking services to individuals and businesses. This classification includes those institutions engaged in the on site circulation of cash money and businesses offering check cashing and payday loan facilities.
BANK, CREDIT UNION; WITH DRIVE-UP SERVICE: Provides the services listed under the definition of "bank, credit union" as being accessible to persons who remain in their passenger vehicles. Drive-up service is classified separately because it is not appropriate at all locations.
BARBER/BEAUTY SHOP: Establishments where services are provided for hairdressing, but which may also offer tanning beds, facials, manicures, pedicures, massages and the like.
BED AND BREAKFAST: An owner occupied facility providing overnight accommodations and food service to guests, for a fee. No more than ten (10) guestrooms are allowed. No cooking shall be allowed in guestrooms and food shall be provided to guests. Bath facilities shall be shared by no more than two (2) guestrooms and one off street parking space for each guestroom and employee shall be provided and maintained by the owner of the facility.
BIG BOX RETAIL: Retail sales establishments in freestanding industrial style buildings, with floor areas of approximately eighty thousand (80,000) to two hundred thousand (200,000) square feet.
BOARDING HOUSE: A nonprofit or for profit home providing food and shelter to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's family, excepting that caring for foster children is not included in this definition.
BODY SHOP: An establishment that provides passenger vehicle and motorcycle collision service, repair and painting.
BOWLING ALLEY: An establishment generally for bowling, which may or may not include pool tables or the serving of food and beverages, open to the general public with admission or a fee. Some bowling alleys may or may not serve alcohol and/or liquor provided the necessary licenses are obtained.
BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING HEIGHT: The vertical distance from the grade to the highest point of the coping on a flat roof, to the deck line on a mansard roof, or the average height of the height gable of a pitch or hip roof. Building height does not include any architectural elements, such as parapets, arches, or the like, not necessary for the structural support of the building.
BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES: This definition is for the purposes of the city center zoning district only; the use of a site for the retail sale and service of merchandise used in home and garden improvements. The use includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumberyards; nursery, garden and farm supply stores.
BUILDING SUPPLY OUTLET: A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed, grain, and similar goods for wholesale or retail sale. This does not include hardware stores.
CABINET SHOP: An establishment, either wholesale or retail, that sells, repairs and/or manufactures cabinets or wood trim for any type of building or structure.
CAR WASH: Any building or premises used for washing passenger vehicles which may use production line methods with a conveyor, blower, or other mechanical device and that may employ some hand labor. The facility may or may not include vacuums and drying areas as accessory uses and may or may not include car detailing.
CARPORT: A roofed structure providing space for the parking of vehicles and enclosed on not more than two (2) sides (side does not include or mean the roof), either attached to or detached from the principal building. May or may not be portable.
CARRYOUT RESTAURANT: See definition of restaurant, drive-in.
CATERING SERVICE: Preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption. This is not a restaurant of any type.
CEMETERY: Property used for interment of human remains or cremated remains. The use includes burial parks or mausoleum for vault or crypt interments.
CENTRAL BUSINESS DISTRICT (CBD): The area located between 5th Avenue, 10th Avenue, Union Pacific Railroad, and Indian Creek in downtown Caldwell.
CERTIFICATE OF APPROPRIATENESS: A document which must be obtained from the Caldwell Historic Preservation Commission, or the Caldwell city council through an appeal process, before any new buildings, improvements or structures are erected, altered, restored or moved or demolished on a historic property or a historic site or within a historic district or a property eligible for listing in the national register of historic places or a property listed in the national register of historic places.
CERTIFICATE OF OCCUPANCY: See section 12-01-17 of this code.
CHANGE OF USE: A change from one permitted use to another permitted use, within a certain zoning district. See section 10-02-02 of this chapter for a list of permitted uses for each zoning district.
CHARTER SCHOOL: Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary, secondary, or higher education and which secures the major part of its funding from any governmental agency.
CHURCH OR PLACE OF RELIGIOUS WORSHIP: An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B. A church or place of religious worship may also include a special purpose building that is architecturally designed and particularly adapted for secular activities and events.
CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS: This definition is for purposes of the city center zoning district only; a facility owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business.
CLINIC, OUTPATIENT ONLY: A building used for the care, diagnosis and treatment of the sick, ailing, infirm, or injured persons, by physicians, dentists, other medical personnel, psychologists, psychiatrists, social workers or the like, and those who are in need of medical and surgical attention, but which building does not require a stay of more than twenty-four (24) hours and does not provide board, room, or regular hospital care and services.
CLUB: A building and related facilities owned or operated by a corporation or association established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership.
COLLEGE: An educational institution authorized by the state to award associate, baccalaureate, or doctorate degrees or posthigh school certifications or licenses.
COMMERCIAL DAIRY: An establishment with dairy cows used to produce milk to be sold for commercial gain, rather than to be used for personal use.
COMMERCIAL KENNEL: An establishment in which more than three (3) dogs or other domesticated animals are regularly and routinely housed, groomed, bred, boarded, trained, and/or sold, all for a fee for compensation.
COMMISSION: The city of Caldwell planning and zoning commission. This may also include the city of Caldwell hearing examiner.
COMMUNITY CENTER: A facility used for recreational, social, educational, or cultural activities.
COMPREHENSIVE PLAN: The city of Caldwell comprehensive plan officially adopted by the Caldwell city council.
CONFERENCE CENTER: This definition is for purposes of the city center zoning district only; a facility used for conventions, conferences, seminars, meetings, product displays, recreation activities and entertainment functions along with the accessory functions including temporary displays, food and beverage preparation and service for on premises consumption.
CONTRACTOR'S SHOP/STORAGE YARD: Any area of land or building used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land or building used for the incidental repair of machinery used for any of the above listed activities.
CONVALESCENT HOME: A facility that provides short term, primarily inpatient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require continued hospitalization.
CONVENIENCE STORE: A retail establishment of up to five thousand (5,000) square feet selling primarily food products, household items, newspapers, magazines, candy, beverages and a limited amount of freshly prepared foods, such as sandwiches and salads, for off premises consumption. This use does not include the sale or dispensing of gasoline or diesel.
CONVENIENCE STORE, WITH GASOLINE: A retail establishment of up to five thousand (5,000) square feet selling primarily food products, household items, newspapers, magazines, candy, beverages, a limited amount of freshly prepared foods such as sandwiches and salads for off premises consumption, and the sale and dispensing of gasoline or diesel.
CORPORATE OFFICE BUILDINGS: Office buildings occupied almost entirely by the principal office of a business or corporation.
COUNCIL: The City Council of Caldwell, Idaho, also known as Caldwell City Council.
CREMATORIUM: Establishment that performs cremation services.
DANCE HALL/NIGHT CLUB: An establishment where people regularly congregate primarily for entertainment purposes in the form of dancing or live or recorded music and where a cover charge/entry fee is typically required. The establishment may have one or more temporary or permanent area(s) set aside for the purpose of dancing by the patrons of the establishment. Alcoholic beverages may be served provided the appropriate liquor or alcohol license has been obtained for the event.
DAYCARE: Any home, place, structure, building or facility wherein care, service and/or supervision for compensation during any part of a twenty-four (24) hour period for individuals who are less than thirteen (13) years of age in a place other than the individuals' own homes is provided, regardless of relation.
DAYCARE CENTER: A place or facility providing daycare for compensation for thirteen (13) or more individuals who are less than thirteen (13) years of age, regardless of relation. The provider's own children count toward the allowed number.
DELICATESSEN: An establishment that sells ready to eat food products such as cooked meats, cheeses, sandwiches, and prepared salads, that may or may not be consumed on the premises.
DENTAL OFFICE: See definition of office - medical, dental.
DISTRIBUTION CENTER: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.
DOMESTICATED ANIMALS: Any of various animals that have been tamed and made fit for a human environment.
DONATION TRAILERS/POD: A trailer and/or pod type structure used for the purpose of collecting donated materials and items from the general public. Temporary donation sites that last no more than seventy-two (72) hours and occur no more than two (2) times per calendar year are excluded from this definition.
DORMITORY: A residence hall providing rooms for individuals or groups usually without private baths; used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, airport, convent, monastery, or similar institutional use.
DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of liquor by the drink or glass, but not including restaurants with a wine and beer license where the principal business is serving food. The use includes, but is not limited to, bar, brewery, lounge, saloon, and tavern.
DRIVEWAY: A private roadway providing access to a street or highway. Driveways are not considered public streets, roads, or highways.
DRIVEWAY WIDTH: The narrowest width of driveway measured perpendicular to the driveway.
DRUGSTORE: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well.
DUPLEX: See definition of dwelling, two-family.
DURABLE MEDICAL EQUIPMENT: An establishment engaged in the selling, renting or repairing of equipment for patient mobility including lift chairs, scooter lifts, hospital beds, patient lifts, manual and power wheelchairs, and bath lift safety products as well as applicable accessories.
DWELLING: A principal (not accessory) structure, building or portion thereof that is used exclusively for human habitation.
DWELLING, FOUR-, FIVE- OR SIX-FAMILY: A building containing four (4), five (5) or six (6) single-family dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof. Each dwelling unit shall have an individual address and an individual water meter.
DWELLING, MULTI-FAMILY: A building containing seven (7) or more dwelling units, including units that are located one over the other.
DWELLING, SINGLE-FAMILY ATTACHED: A one-family dwelling with ground floor outside access, attached on one side only to another dwelling by common vertical walls without openings (each dwelling unit occupies its own lot or parcel, but with a zero lot line on the attached side - townhouse). A single- family dwelling unit has only one address and only one water meter.
(1) As per Idaho Code 67-6531:
A. For the purpose of any zoning law, ordinance or code, the classification "single- family dwelling" shall include any group residence in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and who are supervised at the group residence in connection with their handicap or age related infirmity.
B. Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped or elderly persons residing in the group residence.
C. No more than two (2) of such staff shall reside in the dwelling at any one time.
(2) As per Idaho Code 67-6532:
A. The department of health and welfare may require group residences, as defined in section 67-6531, Idaho Code, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities for mentally retarded or related conditions rules, or under rules specifically written for such group residences.
B. No special use permit, zoning variance, or other zoning clearance shall be required of a group residence, as defined in section 67-6531, Idaho Code, which is not required of a single- family dwelling in the same zone.
C. No local ordinances or local restrictions shall be applied to or required for a group residence, as defined in section 67-6531, Idaho Code, which is not applied to or required for a single-family dwelling in the same zone.
D. The limitations provided for in subsections (b) and (c) of 67-6532, Idaho Code, shall not apply to tenancy or planned tenancy in a group residence, as defined in section 67-6531, Idaho Code, by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
DWELLING, SINGLE-FAMILY DETACHED: A one-family dwelling that is not attached to any other dwelling by any means and shall have only one address and one water meter.
DWELLING, THREE-FAMILY: A building containing three (3) single-family dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof (3 units on 1 lot or parcel - triplex). Each dwelling unit shall have its own address and its own water meter.
DWELLING, TWO-FAMILY: A building containing two (2) single- family dwelling units totally separated from each other by a nonpenetrated wall extending from basement to roof (2 units on 1 lot or parcel - duplex). Each unit shall have its own address and its own water meter.
EASEMENT: A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or other person or entity.
EASEMENT, AVIGATION: An air rights easement that protects air lanes around airports.
EAVES: The projecting lower edges of a roof overhanging the wall of a building.
EDUCATION SERVICES: This definition is for purposes of the city center zoning district only; the use of a site for education purposes including, but not limited to, elementary and secondary schools, institutions of higher learning; professional, technical and trade schools; driving schools; fine arts schools and studios.
ENTERTAINMENT ESTABLISHMENT, ADULT: See definition of Adult Entertainment Business.
EQUIPMENT SALES, RENTAL AND SERVICES: The use of a site for the sale, rental, storage, or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment.
ESPRESSO SHOP: An indoor seating, that may also have outdoor seating, establishment that is a permanent building requiring a building permit, that sells and serves coffee, tea, juices, smoothies, yogurt, ice cream, pastries, muffins, and the like, to be consumed either on or off site.
EVENT CENTER: An establishment which is rented out to the general public for events such as weddings, receptions, and the like. Typically a cover charge is not required for those attending. Food and beverages may be served, but all food preparation takes place off site. Alcoholic beverages may be served provided the appropriate liquor or alcohol license has been obtained for the event.
FACTORY: A building in which raw material and semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed.
FAMILY: A person living alone or two (2) or more persons living together related by blood or marriage or a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in one single-family dwelling unit as a single housekeeping unit. For purposes of this chapter, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in group living arrangements as a result of criminal offenses.
FAMILY/GROUP DAYCARE HOME: A home, place or facility providing daycare for compensation for twelve (12) or fewer individuals who are less than thirteen (13) years of age, regardless of relation. The provider's own children count toward the allowed number.
FARM ANIMALS: Horses, cattle, sheep, chickens, roosters, goats, pigs and other like useful animals kept for profit or use.
FARMSTAND, COMMERCIAL: A structure for the display and sale of farm products or the seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal agricultural products, occurring in a predesignated area either outside or inside a building and does not interfere with vision triangle areas or decrease the required number of parking spaces for the primary use. All activities, whether the display or selling of all farm products listed, must be conducted outside of any right-of-way and shall comply with all the requirements of a temporary use as described in Caldwell City Code 10-02-13.
FARMSTAND, PERSONAL: The display and sale of farm products grown on the property upon which the stand is located where the seller is an individual who has raised the vegetables or produce. All activities, whether the display or selling of all farm products listed, must be conducted outside of any right-of-way.
FARMERS' MARKET: The use of a site for the seasonal sale of fresh agricultural products directly to the consumer at an open air market designed as a community activity.
FENCE: A barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FENCE, OPEN: A fence, including any gates, constructed with openings between the materials used in its construction.
FENCE, SOLID: See definition of sight obstructing fence/wall.
FINANCIAL INSTITUTION: Applies to the City Center Zoning District only; the use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments.
FITNESS FACILITY: See definition of health club.
FLEA MARKET: An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLOOR AREA, GROSS: The sum of the gross floor area of all the rooms contained within a building including the exterior walls of a building or portion thereof.
FLOOR AREA, NET: The sum of the net floor area of all the rooms contained within a building, excluding bathrooms, hallways and closets. The net floor area of a room is determined by measuring from interior wall to interior wall.
FOOD PRODUCTS, STORAGE PROCESSING: Applies to the City Center Zoning District only; the use of a site for large scale production, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, water, snacks, fruits, vegetables, spices, and dairy products. Excluded uses are animal products, seafood, milling, refining, confectionery, or bakeries.
FOOD STAND: A permanent structure for the display and sale of food and/or beverages, such as coffee or hotdog stands or similar, not providing indoor seating or walk-in service, but providing walk-up or drive-up service only, and less than eight hundred (800) square feet in size.
FRATERNITY/SORORITY HOUSE: A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity/sorority members and their guests or visitors and affiliated with an institution of higher learning.
FROZEN FOOD LOCKER: An establishment that provides for the secured, long term or short term storage of frozen foods.
FUNERAL HOME: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
FURNITURE SHOP: A retail establishment engaged primarily in selling new or used furniture. The production, manufacturing, or repair of furniture does not take place in a furniture shop.
GARAGE, RESIDENTIAL: A building or structure used or intended to be used for the parking and storage of vehicles, as an accessory building or structure to a residential structure, and shall meet all standards for accessory uses, buildings and structures as set forth in section 10-02-04 of this chapter.
GARAGE/YARD SALE: All general sales, open or advertised to the public, conducted from or on a residential premises (single- family, duplexes or apartments), in any residential zone for the purpose of disposing of tangible personal property. Said sale includes situations in which more than three (3) specific items tangible to a personal property are to be sold. Personal property is property which is owned, utilized, and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. Merchandise, whether new or used, purchased for resale at a garage sale or obtained by consignment for sale at a garage sale is prohibited. See chapter 6, article 15 of this Code for additional requirements regarding garage/yard sales. This definition shall not prevent residents from conducting multi-family yard sales on their property provided that all other rules and provisions are adhered to.
GAS/SERVICE STATION: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicle fuels; minor servicing and repair of passenger vehicles; the sale and installation of lubricants, tires, batteries, and similar passenger vehicle accessories.
GAZEBO: An accessory building consisting of a detached, covered, freestanding, open air structure.
GOLF COURSE: A tract of land laid out for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GRAIN/CROP STORAGE: Any facility used to store any harvested crop to be sold for gain.
GREENHOUSE, COMMERCIAL: A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out of season plants for subsequent sale.
GREENHOUSE, PERSONAL: A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out of season plants for personal enjoyment and/or personal use.
GROCERY STORE: A retail establishment, over five thousand (5,000) square feet in size, primarily selling fresh, frozen, canned and packaged foods and produce.
GROSS DENSITY: The number of dwelling units per acre of total land to be developed, including public right of way, future right of way, common lots and open space.
GROUP HOME, EIGHT OR FEWER RESIDENTS: The use of property as a group residence in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and who are supervised at the group residence in connection with their handicap or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped or elderly persons residing in the group residence. No more than two (2) of such staff shall reside in the dwelling at any one time. The department of health and welfare may require group residences, as herein defined, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities for mentally retarded or related conditions rules, or under rules specifically written for such group residences. No special use permit, zoning variance, or other zoning clearance shall be required of a group residence, as herein defined, which is not required of a single-family dwelling in the same zone. No local ordinances or local restrictions shall be applied to or required for a group residence, as herein defined.
This definition, as herein defined, and use does not include or apply to tenancy or planned tenancy in a group home or residence by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others (see definition of Transitional Homes).
GROUP HOME, NINE OR MORE RESIDENTS: The use of property as a group residence in which nine (9) or more unrelated mentally and/or physically handicapped or elderly persons reside and who are supervised at the group home in connection with their handicap or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped or elderly persons residing in the group home. The department of health and welfare may require the group home, as herein defined, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities for mentally retarded or related conditions rules, or under rules specifically written for such group homes.
This definition, as herein defined, and use does not include or apply to tenancy or planned tenancy in a group home or residence by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others (see definition of Transitional Homes).
HANGAR - AIRPLANE, HELICOPTER: A structure designed for the storage, repair, and/or construction and/or manufacturing of aircraft or aircraft parts. The structure may include an office, bathroom or temporary storage of airfreight as accessory uses.
HARDWARE STORES: Establishments for retail sales of minor home and commercial building supplies. This does not include building supply outlets.
HEALTH CLUB: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.
HEALTHCARE AND SOCIAL SERVICES: This definition is for purposes of the city center zoning district only; the use of a site for ambulatory healthcare services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks.
HEARING EXAMINER: An individual appointed by the council who shall, as directed by council, perform the duties of the planning and zoning commission regarding requests on special use permits, variances, subdivision plats, annexations, and rezones.
HELIPAD: Areas, either at ground level or elevated on a structure, licensed by a federal or state agency and approved for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.
HOME AND BUSINESS SERVICES: Recurrently needed services for residences and/or businesses. Services can include photocopying and small print shops, cleaning services, and the like.
HOME OCCUPATION: Any activity carried out for gain by a resident and conducted in the resident's dwelling unit and that meets all of the requirements and standards for a home occupation as listed under section 10-02-09 of this chapter. Only certain uses are permitted as a home occupation. See section 10-02-02, table 1 of this chapter for uses permitted as a home occupation.
HOMELESS SHELTER: A facility providing temporary housing to indigent, needy, or homeless persons.
HOMESCHOOL: A dwelling unit wherein education and instruction takes place for persons between the ages of five (5) and eighteen (18) years of age, that do not normally reside in the dwelling unit, that meets state requirements for elementary and secondary education, and does not secure any funding from any governmental agency.
HOSPITAL: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOTEL: A facility offering accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities, all for a fee or compensation.
ICE CREAM SHOP: An establishment that sells and serves coffee, tea, juices, smoothies, yogurt, ice cream, pastries, muffins, and the like, to be consumed either on or off site.
INDIAN CREEK CORRIDOR: Land in proximity to Indian Creek as it flows through Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high water mark. Any portion of a piece of property that exists within the one hundred fifty feet (150') from the banks' high water mark classifies the entire piece of property as existing completely within the Indian Creek corridor and thus having to comply with all rules relating to development within the Indian Creek corridor. Landscaping plans submitted within said corridor are subject to landscape plan design review.
INDOOR STORAGE: See definition of Ministorage, Indoor.
INDUSTRIAL PARK: A tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, signage, utility needs, aesthetics, and compatibility.
INDUSTRY, CRAFTSMAN: This definition applies to the city center zoning district only; the use of the site for small scale, craftsman operated production of materials, assembly of parts, or the blending of materials including metal, plastics, computer components, electronics, oils, resins. Uses included are furniture refinishing, machine shops, cabinetmakers, or frame shops.
INDUSTRY, HEAVY: This definition applies to the city center zoning district only; a use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; a use engaged in storage or manufacturing processes using flammable or explosive materials; storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions; a use engaged in the recycling of recoverable resource materials, such as paper products, glassware, steel, or metal cans reprocessed into new products.
INDUSTRY, INFORMATION: This definition applies to the city center zoning district only; the use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, internet and software; recording and broadcasting studios; data processing centers, internet providers and other information systems.
INDUSTRY, LIGHT: This definition applies to the city center zoning district only; a use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials.
INSTITUTIONAL USE: A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.
JUNK: Any old or discarded material; anything that is regarded as worthless, meaningless, or contemptible; trash; cheap, worthless, unwanted, or trashy; rubbish, litter, debris, refuse.
JUNKYARD: Any lot, land, parcel, building, structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
LABORATORY: Establishment providing medical or dental laboratory services; or establishment with less than two thousand (2,000) square feet providing photographic, analytical, or testing services (see definition of Research Laboratory).
LANDSCAPING BUSINESS: Any business that operates to improve the appearance of an area through a combination of the planting of trees, shrubs, grass or vegetative ground cover or by placement of nonvegetative ground cover or rock and/or altering the contours of the land; a business that adorns or improves a section of ground by contouring and planting grass, flowers, shrubs, trees or vegetative ground cover or placing nonvegetative ground cover or rock. Said business may include the possible accessory uses of storing of necessary equipment (i.e., trucks, earthmoving equipment, trailers) or supplies (i.e., seed, rock, plants, etc.).
LAUNDROMAT, SELF-SERVICE: An establishment providing washing, drying, or dry cleaning machines on the premises for use to the general public for a fee or compensation.
LAUNDRY, COMMERCIAL PLANT: An establishment providing washing, drying, or dry cleaning services to commercial clientele or the general public for a fee or compensation.
LIBRARY: A place in which literary, musical, artistic or reference materials are kept for use, study and research, but are not for sale.
LIQUOR STORE: An establishment for either retail or wholesale sales of packaged liquor and alcohol and no consumption takes place on site.
LODGE: The place where members of a local chapter of an association or a fraternal, cultural, or religious organization hold their meetings.
LOT: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon and may or may not have an obtainable building permit available.
LOT AREA: The total area within the lot lines of a lot, excluding any dedicated public street rights of way.
LOT, CORNER: A lot or parcel of land abutting on two (2) or more streets at their intersection or on two (2) parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°).
LOT FRONTAGE: The length of the front lot line measured at the dedicated public street right of way.
LOT, INTERIOR: A lot or parcel of land abutting one street.
LOT LINE: A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT: The lot line separating a lot from a street right of way.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line.
LOT WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel with the front lot line at the minimum required building setback line.
LUMBERYARD: An area and/or structures or buildings used for the storage, distribution, and sale of finished or rough cut lumber and lumber products.
MACHINE SHOP: A workshop in which work is machined to size and assembled.
MANUFACTURED HOME: A single-family dwelling unit, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of Idaho Code 39-4105 except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC section 5401 et seq.
All land zoned for single-family residential uses, except for lands falling within an area defined as a historic district, shall allow for siting of manufactured homes.
Manufactured homes on individual lots zoned for single-family residential uses shall be in addition to manufactured homes on lots within designated manufactured home parks.
This definition shall not be construed as abrogating a recorded restrictive covenant.
Manufactured homes shall also meet all of the following standards:
(1) The manufactured home shall be multisectional and enclose a space of not less than one thousand (1,000) square feet.
(2) The manufactured home shall be placed on an excavated and backfilled permanent foundation.
(3) The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width.
(4) The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings, as determined by the planning and zoning director.
(5) The manufactured home shall have a garage or carport constructed of like materials if zoning ordinances would require a newly constructed nonmanufactured home to have a garage or carport.
(6) The manufactured home and the lot or parcel upon which it is sited shall meet all development standards, architectural requirements and minimum size requirements to which a conventional single-family dwelling on the same lot or parcel would be subjected.
(7) Manufactured homes shall be permitted, as a single-family dwelling, on an individual lot in any zone that permits residential uses, either outright or by special use permit, unless otherwise restricted by covenants or plat dedications.
(8) Manufactured homes shall be subject to the requirements of a single-family dwelling located in the underlying zone, unless a variance has been applied for and approved.
(9) The owner of a manufactured home placed on an individual lot shall also be the owner or purchaser of the lot. The owner or purchaser of the manufactured home shall record, with the county recorder, a nonrevocable option declaring the manufactured home as real property.
(10) Manufactured homes are not recreational vehicles or trailers as defined in this section.
MANUFACTURED HOME PARK: A site containing spaces with required improvements and utilities that are leased for the long term placement of manufactured homes or mobile homes. The site may include services and facilities for the residents.
MANUFACTURING, GENERAL: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of material, such as oils, plastics, resins, or liquors.
MEAT PROCESSING AND PACKAGING: Establishment for processing and packaging of meat for future sale, and/or distribution to retailers. Not including slaughtering. Also to include processing and packaging of poultry, fish and wild game.
MEDICAL EQUIPMENT SALES/RENTAL: An establishment engaged in the selling or renting of medical supplies and equipment including blood pressure devices, scrubs, uniforms, scopes, gloves, masks, diagnostic machines, X-ray machines, thermometers, surgical shoes, and the like.
MEDICAL OFFICE: See definition of office - medical, dental.
MICROBREWERY: A facility that manufactures up to five thousand (5,000) barrels of fermented malt beverages per year on premises for either on or off premises retail sale or consumption, and where food is prepared, served, and consumed.
MINISTORAGE, INDOOR: A facility containing individual, secured, and private storage spaces of varying sizes available for lease or rent for varying periods of time. These types of facilities generally have climate controlled units, have walk- up access within an enclosed building, and are multi-story.
MINISTORAGE, TRADITIONAL: A facility containing individual, secured, and private storage spaces of varying sizes available for lease or rent for varying periods of time. These types of facilities generally contain multiple single-story buildings with mostly drive-up units which have natural ventilation but are not climate-controlled and may also contain areas for the storage of RVs or other type vehicles.
MIXED USE: The use of a site which integrates a variety of two (2) or more land uses including residential, office, retail, service, public and entertainment.
MOBILE FOOD UNIT: A vehicle or a readily portable structure solely for the purpose of the preparation and sale of food and beverages; as an accessory use located on the same lot and in conjunction with an allowed use; or located on a lot independent of another use. Mobile food units shall be subject to all provisions set forth in section 10-02-13 of this chapter.
MOBILE HOME: A factory assembled structure or structures 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. The following also applies to mobile homes:
(1) Mobile homes do not meet the criteria for manufactured homes.
(2) Mobile homes may be permitted in any zone that permits residential uses, unless otherwise restricted by covenants or plat dedications, if a special use permit is applied for and approval has been granted.
(3) Mobile homes shall be subject to the same requirements as a single-family dwelling located in the underlying zone, unless a variance has been applied for and approved.
(4) Mobile homes are not recreational vehicles or trailers as defined in this section.
MORTUARY: An establishment in which deceased human bodies are kept and prepared for burial or cremation.
MOTEL: An establishment providing sleeping accommodations for a fee or compensation. Generally no other services are provided.
MOTORCYCLE: A motorized bike designed for on road use and licensed by the state.
MURAL: A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression.
MUSEUM: An institution devoted to the procurement, care, study and display of objects of lasting interest or value.
NONCONFORMING BUILDING OR STRUCTURE: A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING LOT: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING USE: A use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.
NURSERY, RETAIL: The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
NURSERY, WHOLESALE: The growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries.
NURSING AND RESIDENTIAL CARE FACILITY: This definition is for purposes of the city center zoning district only; the use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care skilled nursing facility, residential care facility, and drug and alcohol treatment facility.
NURSING HOME: An institution or a part of an institution that is licensed or approved to provide healthcare under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
OFF STREET LOADING: Designated areas located adjacent to buildings, and separate from public streets, public rights of way and future public rights of way, where trucks may load and unload cargo.
OFF STREET PARKING: Parking required for a specific use and not located on public streets, public rights of way and/or future public rights of way. See section 10-02-05 of this chapter for requirements.
OFFICE - BUSINESS, PROFESSIONAL: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment.
OFFICE - MEDICAL, DENTAL: A room or group of rooms used for conducting the affairs of a physically or mentally related medical or dental profession, service or industry and generally furnished with desks, tables, files, and communication equipment.
OUTBUILDING: A separate accessory building or structure not physically connected to the principal building and shall comply with section 10-02-04 of this chapter.
OUTDOOR STORAGE: The keeping, in an unenclosed area, of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours. Such items shall be stored within a sight obscuring fence as defined in this section.
OVERLAY ZONE: A zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond those required for the underlying zone.
PACKAGING BUSINESS: An establishment that provides mailing, packaging and subsequent shipping services to the public. No distribution or warehousing takes place at these establishments.
PARK: A tract of land owned or controlled and used by specific and designated entities or persons for active and/or passive recreational purposes or community gardens; can also be owned by a branch of government and available to the general public for recreational purposes.
PARKING FACILITY: Applies to the city center zoning district only; the use of a site for parking vehicles for a fee.
PARKING GARAGE: A building or structure consisting of more than one level and used to temporarily house vehicles.
PARKING LOT: An off street, ground level open area that provides temporary housing for vehicles that serve a specific use, building, or business.
PARKING LOT, STAND ALONE: An off street, ground level open area that provides temporary housing for vehicles that does not serve a specific use, building, or business.
PASTRY SHOP: An establishment that sells and serves coffee, tea, juices, smoothies, yogurt, ice cream, pastries, muffins, and the like, to be consumed either on or off site.
PAWNSHOPS: Establishments licensed by this code and engaged in the buying or selling of new or secondhand merchandise (not including passenger vehicles), and offering loans secured by personal property.
PAYDAY LOAN AND TITLE LOAN ESTABLISHMENTS: "Payday loan establishment" means an establishment licensed to make payday loans pursuant to part 4 of chapter 46, title 28, Idaho Code. "Title loan establishment" means an establishment licensed to make title loans pursuant to part 5 of chapter 46, title 28, Idaho Code. "Payday loans" mean a payday loan as defined in Idaho Code section 28-46-401. "Title loan" means a title loan as defined in Idaho Code section 28-46-502.
PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district and by the provisions of this chapter.
PERSONAL AND PROFESSIONAL SERVICES: This definition is for purposes of the city center zoning district only; the use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, small animal grooming and outpatient only care diagnosis and treatment services (trimming and bathing and outpatient care, diagnosis and treatment and similar only, nothing else that would fall under the "animal care facility" definition is permitted); repairs such as footwear and leather goods, watches, and appliances; locksmiths; beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers. Professional service uses include, but are not limited to, lawyers; title companies; architects, landscape architects and other design services; engineering; consultants; media advisors; computer designers; photography studios.
PET GROOMING FACILITY: A business establishment, other than a commercial kennel or animal hospital, that provides basic grooming for domestic animals, but does not allow the boarding of animals. For the purpose of this title, a veterinary clinic that provides basic grooming is not a pet grooming facility.
PHARMACY: See definition of Drugstore.
PHOTOGRAPHIC STUDIO: An establishment for taking or developing photographs on site for a fee or compensation.
PLANNED UNIT DEVELOPMENT: A parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings, and common open space or recreational facilities. The planned unit development process is not intended to skirt development rules nor result in a detrimental impact on the surrounding community through its implementation. The administrative procedures for a planned unit development shall be the same as applied to special use permits.
It shall be the purpose of the planned unit development to encourage the unified and planned development of a site held in individual or corporate ownership at the time of development by the use of a planned unit development process. Such developments may be permitted without customary division into individual lots, or without specific conformance with the zoning district regulations as applicable to individual lots or traditional subdivisions subject to the regulations as provided in section 10-03-07 of this article.
(1) The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with one or more of the following instances:
A. The development offers a maximum choice of living environments by allowing a variety of housing and building types.
B. The development promotes mixed use projects which are functionally integrated within the development and provides services to the primary use.
C. The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.
D. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.
E. Infill development as defined in section 10-03-07 of this article.
PLANNED UNIT DEVELOPMENT, COMMERCIAL: A development that meets all of the qualifications of a planned unit development with seventy percent (70%) of the uses within the development being commercial in nature.
PLANNED UNIT DEVELOPMENT, INDUSTRIAL: A development that meets all of the qualifications of a planned unit development with seventy percent (70%) of the uses within the development being industrial in nature.
PLANNED UNIT DEVELOPMENT, RESIDENTIAL: A development that meets all of the qualifications of a planned unit development with seventy percent (70%) of the uses within the development being residential in nature.
PLAYHOUSE: An accessory use to a residential dwelling. A playhouse is not a dwelling unit and shall conform with all accessory use standards as outlined in section 10-02-04 of this chapter.
PRESCHOOL: A school for children younger than those five (5) years in age, either public or private, which provides education and instruction for compensation.
PRINCIPAL USE: The primary or predominant use of any lot or parcel.
PROCESSING, GENERAL: A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.
PUBLIC ADMINISTRATIVE OFFICE: Any building housing a governmental agency and used exclusively for public purposes by any department or branch of government.
PUBLIC FACILITY/BUILDING: Any building, other than a government administrative office, used exclusively for public purposes by any department or branch of government.
PUBLIC UTILITY YARD: Buildings, structures, or facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.
RV PARK/CAMPGROUND: Any lot or parcel of land upon which two (2) or more sites are located, established, or maintained for occupancy by recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes.
RECREATION EQUIPMENT RENTAL, SALES AND SERVICE: Applies to city center zoning district only; the use of a site for the sale, rental or servicing of self-propelled recreation equipment including, but not limited to, bicycles, skates and kayaks.
RECREATIONAL FACILITY: A place designed and equipped for the conduct of sports and leisure time activities, generally operated as a business and open to the public for a fee. Public recreational facilities are usually owned and operated by a governmental agency, but not necessarily so. May be operated by a private organization and open only to bona fide members and guests. May be provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
RECREATIONAL VEHICLE (RV): Those vehicles with a vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. This definition shall also include motorized boats, jet skis, and similar watercraft.
RECYCLING OPERATION: A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
REFRIGERATED STORAGE: An establishment that provides for the secured, long term or short term storage of items requiring constant refrigeration.
RENDERING PLANT: A factory or plant that renders and processes livestock carcasses into tallow, hides, fertilizer, etc.
RENTAL LOT: See definition of Automotive Rental Lot.
RESEARCH DEVELOPMENT: A facility for engineering and product development and manufacturing.
RESEARCH LABORATORY: A facility for investigation into the natural, physical, or social sciences.
RESTAURANT: An establishment where food and drink are prepared, served, and consumed, mostly within the principal building; excludes espresso shop, pastry shop, ice cream shop, delicatessen. Outdoor seating may also be provided.
RESTAURANT, DRIVE-IN: An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pick up of food may take place from an automobile; an establishment that by design of the physical facilities, service, or packaging, sells prepared ready to eat foods intended primarily to be consumed off the premises.
RESTORATION: The replication or reconstruction of a building's original architectural features.
RETAIL SALES, GENERAL: Establishments engaged in the selling of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods.
RETAIL STORE: This definition applies to the city center zoning district only; the use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores; specialty stores; sporting goods; and used merchandise stores.
REZONE: To change the zoning classification of particular lots or parcels of land.
ROOMING HOUSE: See definition of Boarding House.
ROUND TABLE MEETING: An informal preapplication meeting scheduled through the planning and zoning department wherein staff from the fire department, engineering department, building department and planning and zoning department are present to provide comments, ordinance requirements, code requirements, policies and standards to applicants relative to proposed projects. The round table meeting is not a formal plan review and information presented by staff in the round table meeting may change upon formal plan review and/or when more details become available.
SALVAGE YARD: A facility or area for storing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded material, or equipment.
SAND OR GRAVEL YARD: An area that is being used for the purpose of removing the sand or gravel from the land for wholesale or retail use; excavating and removing rock, stone, ore, soil, gravel, sand, minerals, and similar materials from the surface and/or subsurface for profit. Extractive industries are quarries, sand and gravel pits, mines, and soil removal operations. They are intensive operations that may generate large amounts of truck traffic, noise (including blasting), and dust. Much of the activity may result in odors from asphalt plants, noise and dust from sifters, crushers, and loading and unloading trucks, as well as runoff from washing material and cleaning operations and water sprayed to keep dust down. Blasting can be particularly bothersome to adjacent properties.
SANITARY LANDFILL: A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan.
SCHOOL/EDUCATIONAL FACILITY, PRIVATE: Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency; does not include homeschools.
SCHOOL/EDUCATIONAL FACILITY, PUBLIC: Any building or part thereof that is designed, constructed, or used for education, the use of which meets state requirements for elementary, secondary, or higher education and which secures the major part of its funding from any governmental agency (includes charter schools).
SECONDHAND/THRIFT STORES: Retail sales of previously used merchandise, such as clothing, furniture, appliances, household goods, sporting goods, recreational equipment or other merchandise not considered to be antique, that is in decent condition or has been restored or reconditioned to a clean and usable condition. This definition excludes pawnshops.
SECURITY GUARD QUARTERS: A building or structure occupied by a watchperson and/or caretaker employed for the purpose of providing security. Security guard quarters may be integrated within the primary business structure, or may be separate from the business structure. The quarters shall meet all requirements for a dwelling unit in the city building and fire codes.
SETBACK: The distance between a building's outermost edge of the outermost foundation wall and any lot line.
SHED: An accessory structure or building used primarily for storage purposes (dwelling and human habitation is strictly prohibited) which conforms to section 10-02-04 of this chapter.
SHOPPING CENTER: A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SHOPPING MALL: A shopping center where stores front on both sides of a pedestrianway, which may be enclosed or open.
SIDEWALK SALE: Occasional, temporary display of retail merchandise or services offered for sale on the exterior of, but on the same property as, a permanent building which houses such sales or services. Sidewalk sales may include a temporary structure, such as a canopy or tent. Sidewalk sales shall meet all of the following standards:
(1) The business that will conduct the sidewalk sale shall be a permitted principal use.
(2) Sidewalk sales shall take place on the same premises/lot as the "permanent" business to which it is related.
(3) Merchandise, temporary structures or other items related to a sidewalk sale shall be located a minimum of fifty feet (50') from a residential property line.
(4) Merchandise, temporary structures or other items related to a sidewalk sale shall be located in such a manner to provide a minimum clearance of three feet (3') for pedestrian travel on walkways.
(5) Merchandise, temporary structures, or other items related to a sidewalk sale shall be relocated within the principal structure at the end of each business day and shall not be left out in the elements overnight.
SIGHT OBSTRUCTING FENCE/WALL: A solid fence or wall constructed of substantial, rigid material without a pattern of holes, cavities, breaks or openings.
SLAUGHTERHOUSE: Establishment for wholesale packaging of meat for future sale, including slaughtering, processing, and/or distribution to retailers. Building where animals are butchered. Business or activity of slaughtering animals and preparing the meat for sale.
SMALL ENGINE/EQUIPMENT REPAIR: An establishment for repair and maintenance of small engines and equipment such as lawnmowers, snowblowers, chain saws, and the like. This does not include any type of automotive or vehicular engine/equipment repair.
SPA: A commercial establishment providing facilities devoted specifically to health, beauty and relaxation.
SPECIAL USE: A use which requires review, appraisal and approval with conditions by the commission or hearing examiner, in a public hearing format. Approval must be obtained and conditions of approval must be completed before such a use can be implemented. See section 10-03-04 of this article for special use permit procedures and standards.
STORAGE FACILITY, SELF-SERVICE: This definition applies to the city center zoning district only; a structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles).
STORAGE, INDOOR: See definitions of Automotive Storage, Indoor Only and Ministorage, Indoor.
STORAGE, OUTDOOR: See definitions of Automotive Storage, Outdoor and Outdoor Storage.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including basements used for the principal use.
STREET: A public right of way which provides vehicular and pedestrian access to adjoining properties, acceptance or granting of which has been officially approved by the city. The term "street" includes also the terms highway, thoroughfare, road, avenue, boulevard, lane, place, circle, way, court, loop and other such terms.
STUDIO - ART, DANCE, MUSIC, VOICE: An establishment that provides instruction or lessons in art, dance, music or voice in a group setting.
SWIMMING POOL: A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches (18") below the level of the surrounding land, or an above surface pool, having a depth of more than thirty inches (30"), designed, used, and maintained for swimming.
TEMPORARY USE: See section 10-02-13 of this chapter.
TERMINAL, FREIGHT OR TRUCK: This definition is for purposes of the city center district only; an establishment or area where freight (brought by truck or rail) is transferred. The terminal facility may include storage or repair areas for trucks or railcars. The term "freight or truck terminal" shall not include a structure or area used for permanent or long term storage of freight.
THEATER: A building or part of a building used to show motion pictures or for drama, dance, musical, or other live performances.
THEATER, DRIVE-IN: An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
THEATER, OUTDOOR: An open lot devoted primarily to the showing of live theatrical or musical productions to patrons on a paid admission basis seated either in chairs or on the ground.
THERAPY, REHABILITATION: A facility that provides either short term or long term, inpatient or outpatient care, treatment, and/or rehabilitation services for persons recovering from illness, disease, or injury who do not require continued hospitalization.
TOBACCO SHOP: An establishment for either retail or wholesale sales of loose tobacco, plants, cigars, cigarettes, pipes, e-cigarettes, and other smoking devices for burning tobacco and related smoking accessories. The use includes, but is not limited to, hookah bars and hookah lounges.
TOT LOT: An improved and equipped play area for small children, usually up to elementary school age.
TOWNHOUSE: See definition of Dwelling, Single-Family Attached.
TRAILER: A mobile structure mounted on a chassis and wheels, towed or hauled by another vehicle, and used for carrying of materials, goods, or objects, or as temporary offices. Use of a trailer as a temporary office shall comply with the temporary use ordinance, section 10-02-13 of this chapter.
TRANSIT STATION: A building or structure or area used for the pick up, drop off or waiting of passengers for bus, rail or other forms of public transportation.
TRANSITIONAL HOMES: Building that provides tenancy or planned tenancy by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Transitional homes are not group homes, regardless of the number of tenants.
TRAVEL SERVICES: Establishments providing travel information and travel reservations to individuals and businesses. This classification excludes car rental agencies.
TRIPLEX: See definition of Dwelling, Three-Family.
TRUCK SALES: The sale of vehicles primarily designed to carry cargo and material. Truck sales often involve the assembly of chassis and cabs (see also definition of Vehicles: Commercial Truck/Vehicles).
TRUCK STOP: Any building, premises, or land in which or upon which a business or service involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered. May also include the dispensing of motor fuel or other petroleum products directly into commercial vehicles and the sale of accessories or equipment for commercial vehicles and which may include personal hygiene facilities and/or restaurant facilities primarily for the use of commercial vehicle crews.
TRUCKING/TERMINAL YARD: An area or building where commercial vehicles are staged, and/or used to load and/or unload cargo and freight, and/or where the cargo and freight may be stored, broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
UPHOLSTERY SHOP: An establishment which sells upholstery or offers reupholstering services on site.
USE: The purpose or activity for which land, structures or buildings are designed, arranged, or intended or for which land, structures or buildings are occupied or maintained.
VARIANCE: See section 10-03-05 of this article.
VEHICLE IMPOUND YARD: Applies to the city center zoning district only; a vehicle storage facility used in conjunction with an emergency wrecker service licensed under provisions of this code.
VEHICLE, MAJOR REPAIR: Applies to the city center zoning district only; the use of a site for major vehicle rebuilding or reconditioning. The use includes engine rebuilding; major reconditioning of worn or damaged motor vehicles; and collision service, including body, frame, or fender straightening or repair.
VEHICLE, MINOR REPAIR: Applies to the city center zoning district only; the use of a site for minor vehicle maintenance and repair. The use includes vehicle repair garages, muffler shops, tire sales and installations, and wheel and brake shops.
VEHICLE SALES OR RENTAL: Applies to the city center zoning district only; the sale, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under vehicle, major repair is excluded.
VEHICLE WASHING FACILITY: Applies to the city center zoning district only; the use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site.
VEHICLE WRECKING OR JUNK YARD: Applies to the city center zoning district only; any area, lot, land, or parcel where two (2) or more vehicles without current registration or two (2) or more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code section 40-111, the use of a site which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition: agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure.
VEHICLES: Motorized units which are self-propelled devices used for transportation of people or goods over land surfaces and licensed as a motor vehicle.
Commercial Truck/Vehicles: Any of the following:
(1) Any solid waste collection vehicle, tractor truck/semitrailer or tractor truck/trailer combination (or part thereof), dump truck, concrete mixer, commercial vehicle step vans, buses, stake trucks, tank trucks, commercial or construction equipment, whether located on public or private property or on a truck, trailer, or semitrailer; or
(2) Any other semitruck, semitrailer or any other trailer used for commercial purposes; or
(3) Vehicles not specifically listed that may be used for commercial purposes and/or are commercial in type.
Off Road Vehicles: Those vehicles designed for use on a variety of nonimproved surfaces and including dune buggies and all-terrain vehicles (ATVs), snowmobiles, trail bikes and mopeds.
Passenger Vehicles: Those vehicles with no more than two (2) axles and/or four (4) wheels, not more than four thousand five hundred (4,500) pounds in gross weight, and designed primarily for the transport of persons.
Recreational Vehicles (RV): Those vehicles with a vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. This definition shall also include motorized boats, jet skis, and similar watercraft.
VETERINARY CLINIC/HOSPITAL: A place where animals are given medical care and the boarding of animals is limited to short term care incidental to the hospital use.
VINEYARD: A site primarily utilized for the raising of grapes, where said grapes will be utilized for the future production of wines.
VOCATIONAL SCHOOL: A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade and meeting the state requirements as a vocational facility.
WAREHOUSE AND STORAGE: A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field. A structure used primarily for storing materials including, but not limited to, goods, wares, merchandise, or vehicles.
WHOLESALE SALES: Applies only to the city center zoning district; the use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sale to the general public.
WINERY/BREWERY: A site that produces or manufactures wine, and/or malt liquors, and/or fermented malt beverages for wholesale or retail consumption or distribution.
WINETASTING ESTABLISHMENT: A structure or building wherein the tasting, sampling, display and/or sales of wine and/or beer takes place.
WIRELESS COMMUNICATIONS FACILITY: A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment, in addition to associated ground equipment and other similar equipment used in the wireless communications industry.
YARD: An open space that lies between the principal building or buildings and the nearest lot line.
YARD, FRONT: A space extending the full width of the lot between the main building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. For residential lots, the front yard area shall also include any additional yard areas between the furthest point of the residences front door and measured perpendicular from that point to the front lot line.
YARD, REAR: A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDE: A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
ZONING: The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.
ZONING MAP: The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.
ZOO: A place where animals are kept, often in a combination of indoor and outdoor spaces, and are viewed by the public. (Ord. 2729, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019)