Words not herein defined shall be construed to have the meanings commonly given to them in ordinary usage, unless the context clearly indicates another meaning. Certain terms and words are hereby defined as follows, for the purpose of this title:
ACCESSORY BUILDING: A detached subordinate building, the use of which is customarily incidental to that of the main building, or to the main use of the land, and which is located on the same lot with the main building or use, and not including those buildings defined herein as farm or garden buildings.
ACCESSORY DWELLING UNIT (ADU): An additional dwelling smaller and subordinate to the Principal Dwelling Unit including, but not necessarily limited to, a detached cottage, a unit attached to a garage, or a portion of a Principal Dwelling Unit, and must meet all zone setback requirements and ADU standards in 10-4-2
-B-4.
ACCESSORY USE: A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.
ACRE: Forty three thousand five hundred sixty (43,560) square feet.
ADMINISTRATOR: An official having knowledge in the principles of zoning and building, who is appointed by the city council of the city of Cambridge, Idaho, to administer this title.
AGRICULTURAL BUILDING: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public.
AGRICULTURAL LAND OR PURPOSE: An agricultural purpose of agricultural land is defined as land with an area five (5) acres or more.
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 minor street providing secondary access to the back or side of a property otherwise abutting a street.
AREA, MINIMUM LOT: The total area within the property lines of the lot, excluding adjacent streets, except as otherwise provided.
BED AND BREAKFAST: A building providing overnight accommodations and breakfast food service with six (6) or fewer guestrooms and designed to accommodate twelve (12) or fewer guests.
BOARDING AND ROOMING HOUSES: A building or portion thereof, which is used to accommodate, for compensation, three (3) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word "compensation" shall include payment in money, services or other things of value.
BUILDING: Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind and not including advertising signboards or fences.
BUILDING CODES: See the building code and fire code, as adopted by reference in section 9-1-1 of this code.
BUILDING HEIGHTS: The vertical distance from the "grade" to the highest point on the roof surface.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
CAFO (CONFINED ANIMAL FEEDING OPERATION): An area where any one of the numbers of animals listed in subsections A through I of this definition are confined for a total of forty five (45) days or more in any twelve (12) month period or calendar year,
A. Three hundred (300) slaughter/feeder cattle and/or dairy heifers;
B. Two hundred (200) mature dairy cattle (whether milked or dry cows);
C. Seven hundred fifty (750) swine, each weighing over fifty five (55) pounds;
D. One hundred fifty (150) horses;
E. Three thousand (3,000) sheep or lambs;
F. Sixteen thousand five hundred (16,500) turkeys;
G. Thirty thousand (30,000) laying hens or broilers (if the facility has continuous overflow watering);
H. Nine thousand (9,000) laying hens or broilers (if the facility has a liquid manure handling system); or
I. Three hundred (300) animal units with the number of animal units at a facility defined as the sum of the following: number of slaughter and feeder cattle and dairy heifers multiplied by 1.0, plus - number of mature dairy cattle multiplied by 1.4, plus - number of swine weighing over fifty five (55) pounds multiplied by 0.4, plus - number of sheep multiplied by 0.1, plus - number of horses multiplied by 2.0;
and where less than fifty percent (50%) of the feed is produced by the owner on his immediate property, or crops or other vegetation are not sustained in the normal growing season over a portion of the lot.
CHILD OR ADULT CARE FACILITY: A building where children or adults regularly receive care, maintenance and supervision usually unaccompanied by a parent, guardian, or custodian, and regardless of whether the facility does or does not provide educational instruction. This use excludes:
A. The care of the operator's children or legal wards,
B. Children or adults related by blood or marriage,
C. Occasional personal guests,
D. Any home, place, or facility providing overnight custodial services for lodging and/or boarding for the occupants therein.
The occupant load of a building, as determined by the building code and fire code requirements, will include all persons using the facility.
CITY COUNCIL: The governing board of the city, hereinafter referred to as the council.
COMMERCIAL FEED YARDS AND FEEDLOTS: Custom feeding, or a nonfarming operation for the feeding and fattening of poultry, or livestock, where fowl or animals are kept in the restricted area, except for family use.
COMMERCIAL PACKING SHED FOR FARM CROPS: Packing sheds for fruit, vegetables, hops or other farm crops will be considered commercial for the terms of this title when less than fifty percent (50%) of the farm crops graded or packed are produced by the owner.
CONDITIONAL USE PERMITS, CONDITIONS AND PROCEDURES: As part of a zoning ordinance, each governing board may provide by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under Idaho Code section 67-6509 for processing of applications for conditional use permits. A conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the ordinance, but may be allowed with conditions under specific provisions of the ordinance and when it is not in conflict with the plan. A conditional use permit is not transferable from one parcel of land to another 1 .
CONVALESCENT HOME, NURSING HOME: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, injury, deformity, or requiring care because of old age.
DRIP LINE: The edge of eaves which water drains off of. All setbacks shall be measured starting at the drip line.
DWELLING: Any building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, hospitals or similar uses.
DWELLING, MULTIPLE-FAMILY: A building occupied by two (2) or more families living independently of each other, but not including motels or hotels.
DWELLING, ONE-FAMILY: A detached building designed exclusively for and occupied by one family.
DWELLING UNIT EXAMPLE (SUCH AS AN APARTMENT): One or more rooms in a dwelling designed for or occupied by one family.
FARM, RANCH, AND GARDEN OR AGRICULTURE BUILDING: Those buildings and structures used to shelter or enclose livestock, poultry, feed, farm crops, flowers, field equipment, dairy operations or similar uses.
GRADE AND OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the center of all walls of a building. If walls are within twenty five feet (25') of the sidewalk or curb, said ground level shall be measured at the sidewalk or curb. Official grade refers to the grade or elevation established by a civil engineer for the street, curb, sewer or structure considered.
HALFWAY HOUSE: A type of housing for persons convicted of nonviolent crimes and who are in the later stages of serving a sentence and are being transitioned back into free society.
HANDICAPPED HOME: Homes for mentally and/or physically handicapped resident patients and no more than two (2) resident staff, where all state and local licensing and standards of operation requirements have been met. Resident patients may include those currently undergoing rehabilitation for drug and/or alcohol addiction.
HOME OCCUPATION: Any use conducted principally within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purpose and does not change the character thereof.
HOSPITAL: Any building, or portion thereof, used for the accommodation and medical care of sick, injured or infirm persons and including sanatoriums, but not including rest homes.
HOTELS AND MOTELS: Any building or portion thereof containing six (6) or more guestrooms used, designed to be used, let, or hired out for occupancy by persons on more or less a temporary basis.
JUNKYARD: A lot or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of machinery, or vehicles, for the sale of parts thereof; a junkyard includes auto wrecking yards.
KENNEL:
Any lot or parcel on which five (5) or more dogs at least six (6) months of age are harbored for commercial purposes.
LOT: A parcel of land occupied, or to be occupied, by a building or group of buildings, and any accessory buildings identified with each, together with such open areas as are required under this title, and having its principal frontage on a public right of way.
LOT LINE ADJUSTMENT: A readjustment of property lines as shown on a recorded plat or established via a survey which does not reduce the area, frontage, width or depth of each building lot/parcel below the minimum prescribed by applicable zoning standards.
LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.
LOT LINE, REAR: The line opposite the front lot line.
LOT LINE, SIDE: Any lot line other than the front lot line or rear lot line.
LOT, REVERSED CORNER: A corner lot having its side street line substantially a continuation of the front lot line of the first lot line of the first lot to its rear.
LOT WIDTH: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
MEMBERSHIP CLUB: An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as business.
MOBILE HOME: A structure transportable in one or more sections which is eight (8) body feet or more in width and is thirty two feet (32') or more in length, and which is 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, and includes the plumbing, heating and electrical systems contained therein.
MOBILE HOME PARK: Two (2) or more mobile homes upon a single ownership of land constitute a mobile home park.
NONCONFORMING BUILDING: A building or structure or portion thereof built prior to the effective date hereof, or any amendment thereto, and conflicting with the provisions of this title applicable to the zone in which it is situated.
NONCONFORMING USE: The use of a structure or premises conflicting with provisions of this title.
OCCUPIED: Shall also include: arranged, designed, built, altered, converted, rented, or leased, or intended to be occupied.
OPEN SPACE AND RECREATION: 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 other sites of recreational, historic, or archaeological value which the city deems desirable. Through streets, structures for habitation and the like shall not be included.
ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat of record on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership as of May 8, 1995 (zoning ordinance 3-1995).
OUTDOOR ADVERTISING SIGNS: Any card, cloth, paper, metal, painted, wooden, glass, plaster, stone or other sign of any kind placed for outdoor advertising purposes.
PARCEL: A legally defined piece of real estate for tax purposes with or without structures.
PERSON: Shall also include association, firm, copartnership, or corporation.
PREMISES: Structures and land that make up a parcel of property.
PRINCIPAL DWELLING UNIT: A Principal Dwelling Unit shall be the principal, single-family dwelling on a lot or parcel.
PROFESSIONAL OFFICE: Any office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants, and others, who through training are qualified to perform services of a professional nature.
PUBLIC WATER AND PUBLIC SEWER FACILITIES: Those facilities of a municipality or sanitation district approved by the Southwest district health department and by the state department of health for general public use.
REGULATIONS SEMANTICS: A. Shall: A mandatory condition. Where certain requirements in the regulation are described with the "shall" stipulation, it is mandatory that these requirements be met.
B. Should: An advisory condition. Where the word "should" is used, it is considered to be advisable usage, recommended but not mandatory.
C. Tense And Number: The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
SETBACK: The distance from the nearest point of a building or other structure, measured to the front lot line.
SHED OR STRUCTURE, PERMANENT: The shed or structure cannot be moved at will. The square footage and width are not factors to be considered. This type of structure does require a building permit and appropriate foundation.
SHED OR STRUCTURE, TEMPORARY: The shed or structure must be able to be moved at will. The maximum square footage will be two hundred (200) square feet. This type of structure does not require a building permit, but must meet all zoning and setback requirements.
SIGNS FOR IDENTIFICATION: Such signs shall refer only to the principal use of the lot upon which such signs are located.
SIMPLE LOT DIVISION: One division of any original lot or parcel of land (after May 8, 1995, zoning ordinance 3-1995) into not more than two (2) lots or parcels may be done, provided that each building lot or parcel resulting from such a split meets applicable zoning standards in order to be considered by the city as "buildable" property. Any subsequent divisions will require filing for subdivision plat approval.
STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.
Alley: A minor street providing secondary access at the back or side of property otherwise abutting a street.
Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated for the purpose of clearing traffic from minor streets to other collector streets and/or arterial streets.
Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space at its terminus.
Frontage: A minor street, parallel to and adjacent to an arterial street to provide access to abutting properties.
Loop: A minor street with both terminal points on the same street of origin.
Minor: A street which has the primary purpose of providing space access to abutting properties.
Partial: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences eight feet (8') or less in height, poles, lines, or cables.
SUBDIVISION: See definition of "subdivision" in title 11, chapter 2 of this code.
TRAILER AND MOBILE HOME COURTS: An area for the temporary placing of movable vehicles designed and used for human occupancy and housekeeping.
USE: The purpose for which land or a building is designed, arranged or intended or for which either is, or may be, occupied or maintained.
USED CAR LOTS AND MACHINERY LOTS: A retail sales area for the sale of automobiles and machinery which are in such condition as to meet all requirements of the state and county for license and operation.
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 building, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots or the size of the lots. 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. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration 2 .
YARD: An open space other than a court, or a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
YARD, FRONT: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
YARD, REAR: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
YARD, SIDE:
A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory buildings attached thereto. (Ord. 2-2015, 2-9-2015; amd. Ord. 9-2015, 7-13-2015; Ord. 2-2023, 8-14-2023; Ord. 3-2023, 7-10-2023)
Notes
| 1 | 1. IC § 67-6512. |
| 2 | 1. IC § 67-6516. |