ABANDON/ABANDONMENT: An intent to leave, quit, renounce, resign, surrender, relinquish, vacate or discard.
ACCESS: Ingress/egress to a parcel or lot.
ACCESSORY STRUCTURE (BUILDING): A structure which is subordinate, and incidental, to the principal structure or use pertinent to the same parcel.
ACCESSORY USE: A use not separately listed in the regulations pertaining to the zone, which is incidental and subordinate to the principal use of the property or premises.
ADMINISTRATIVE RECORD: All documents and records timely filed with DSD; for example: applications, exhibits, petitions, requests, and other matters in support or opposition; all documents or records admitted into evidence or administratively noticed, and all orders or decisions issued by the commission, hearing examiner, Board or Administrative Hearing Officer; all official recordings or written transcripts of hearings conducted. The administrative record does not include any privileged or legally protected communications.
AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.
AGRICULTURALLY RELATED ACTIVITIES: Uses that include incidental farm equipment sales and service, incidental farm supply sales, roadside stands, sod and/or turf farms, U-pick fruit or vegetables, corn mazes, and similar uses that do not involve processing (except those incidental operations necessary to prepare for market or to convert into marketable form).
AGRICULTURE: Tilling of soil, pasturage, sod/turf farms, horticulture, aquaculture, viticulture, floriculture, raising crops directly from the soil, raising livestock, poultry, poultry products, dairy animals and dairy products, beekeeping or beekeeping products, fur animals, trees grown in row crop fashion, fruits of all kinds and their products, floral and ornamental and greenhouse products, including all uses and facilities customarily accessory and incidental thereto, including, but not limited to, the storage and warehousing of fertilizers or agricultural produce or raw products.
AIRPORT: Any area of land or water where aircraft can take off and land, including, but not limited to, the necessary appurtenant structures or facilities located thereon. For example, control tower, hangars, passenger terminals, and accommodations for cargo.
AIRSTRIP: An area serving as a takeoff or landing strip for any type of craft, vessel, or apparatus used for aviation, flight, flying, aerial navigation, aeronautics, air transportation, ballooning, skydiving, soaring, or gliding.
ALIQUOT: The length of one side of a quarter-quarter section (1/16). The one-sixteenth (1/16) section contains forty (40) acres, more or less.
ALLOWED USE: Any use set forth as a use not requiring a conditional use permit.
ANIMAL/BIRD UNIT: The following numbers of animals are a unit of measurement to determine the number of animals allowed per acre of land devoted to the animals' care: two (2) cows, two (2) horses, ten (10) sheep, five (5) swine, ten (10) goats, six (6) llamas, twelve (12) alpacas, seventy five (75) chickens, seventy five (75) game birds, fifteen (15) turkeys, fifteen (15) geese, fifteen (15) peacocks/guinea hens, four (4) ostrich, eight (8) emu, and twelve (12) rhea.
For animals not listed individually, the Director shall use the most similar animal in regards to size and amount of waste produced to determine the animal unit ratio.
In determining the number of animals permitted, only the parent animal will be counted until a horse is six (6) months in age, and cattle shall be considered calves from birthweight to approximately four hundred (400) pounds. Sheep (lambs) and goats (kids) when greater than three (3) months of age and swine fifty five (55) pounds or greater will be counted when determining animal units.
In determining the number of domestic birds permitted, only birds one month or older in age shall be counted.
In determining the number of animal units for calf raising or other operation where young animals are raised predominantly without the parent, each animal will be counted as one-half (1/2) its animal unit equation specified herein, until the animal reaches the age/weight herein. Combinations of animals are allowed, provided that the ratio of animal units per acre is maintained.
ANIMAL CARE PROJECT: The keeping of animals in conjunction with 4-H, FFA, or a similar recognized organization that provides participants with direction and guidance in the raising of animals and an opportunity to exhibit the animals at the end of the project.
ANIMAL CREMATION SERVICE: A service dedicated to the disposition of dead animal remains by means of cremation that may also provide necessary goods and services for the memorialization of the animal if requested.
ANIMAL FACILITIES (LARGE): A facility that exceeds more than four (4) animal units per acre of land devoted to the animals' care. Large animal facilities include:
Bird Farm: A facility or confined area for the keeping of birds.
Calf Raising Operation: The raising of young animals, predominantly without the parent, in preparation to return them to a dairy or feedlot.
Dairy Farm: A facility for bovine, sheep, goats or other animals that are milked; the operation is licensed by the State of Idaho Department of Agriculture to sell milk.
Feedlot: A facility or confined area for cattle, horses, sheep, goats, and/or swine.
ANIMAL FACILITIES (SMALL): A facility of more than one up to four (4) animal units per acre of land devoted to the animals' care.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the medical care or treatment of cats, dogs or other animals.
APPEAL: A request for a review of a decision to a superior authority.
APPLICANT: Any person initiating a proposal for development of land.
APPLICATION: Shall include, but not be limited to, zoning amendments, conditional use permits, variances, preliminary development plans or plats, final development plans or plats, appeals, and certificates of zoning compliance.
APPROACH: Any portion of the public right-of-way that is used for ingress/egress from or to a public road.
AQUACULTURE: The cultivation of the natural produce of water such as plants or fish.
AREA OF CITY IMPACT: As defined by Idaho Code section 67-6526 and requires that cities and counties adopt a map identifying an Area of City Impact within the unincorporated area of the County. The Area of City Impact shall be defined considering the trade area of the city, geographic factors and areas that can be reasonably expected to be annexed to the city in the future. The enabling legislation provides three (3) options of planning and regulating development within the Area of City Impact including exclusive use of the city plan and ordinances, exclusive uses of the County plan and ordinances, or application of any mutually agreed upon plan and ordinances.
ARENA (COMMERCIAL): A facility, whether private or public, indoor or outdoor, the primary purpose of which is to exhibit animals or hold events such as rodeos, horse events or cattle auctions or exhibits, and for which a fee is charged to participants and an admission charge is paid by the public.
ASSISTED CARE FACILITY: A commercial operation where adults help the aged and/or infirm care for themselves; a building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.
AUCTION ESTABLISHMENT: An established regular place of business involving the use of land, buildings or structures where a public sale is conducted to sell goods or property to the highest bidder, whether or not an auctioneer is employed.
BARRIER: Includes, but is not limited to, berms, fences, landscaping, trees, shrubs and hedges and the separation of land uses by a road, open space, watercourse or other boundary whether naturally occurring or built.
BATCH PLANT: A central proportioning and mixing plant for the production of an aggregate product such as asphalt or concrete.
BED AND BREAKFAST: A private home, or portion thereof, where rooms and meals are provided to guests for compensation and where each guest's stay is of limited and sporadic duration.
BIRD FARM: A facility for the keeping of birds, primarily held for commercial agricultural purposes, including, but not limited to, exotic species such as ostrich and emu.
BLOCK: A piece of land or group of lots within a platted subdivision.
BOARD: The Board of County Commissioners.
BREWERY: A facility where alcoholic malt beverages are produced.
BUFFER: See definition of barrier.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy as defined in Canyon County Building Code.
BURDEN OF PERSUASION: The requirement that the party seeking relief from the presiding party must provide evidence to that party showing that the party has met this chapter's requirements.
BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering service.
CAFO: See definition of confined animal feeding operation (CAFO).
CALF RAISING OPERATION: The raising of calves from birthweight to approximately four hundred (400) pounds in preparation to return them to a dairy, feedlot, or other facility for the purpose of raising replacement heifers or for fattening cattle in preparation for slaughter.
CANYON COUNTY DEVELOPMENT SERVICES DEPARTMENT: The office designated to administer this chapter; sometimes called the Development Services Department Office, but also known as DSD.
CARETAKER: A person properly designated to watch over property for security or maintenance.
CERTIFICATE OF ZONING COMPLIANCE: A document certifying that a proposed use, building or structure complies with this chapter.
CHURCH: An establishment by design and construction which is primarily intended for the conducting of organized religious services, meetings, and associated activities.
CLERK: The Clerk of the Board, or that official's designee.
CLINIC: A place where patients are studied and treated by a medical care provider or animal veterinarian.
CLUB OR LODGE: An auxiliary, fraternal, or veterans' organization as defined by Idaho Code section 23-902.
CLUSTER DEVELOPMENT: See definition of lot clustering.
COMMENCE: The date of commencement shall be the date in accordance with the following:
(1) Specific use(s): An approved zoning compliance is issued.
(2) Use(s) that require a facility/structure: The date when the first placement or permanent construction of a structure on a site begins, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the excavation as approved by an issued building permit and zoning compliance. Permanent construction does not include:
A. Land preparation such as clearing, grading and filling;
B. Erection of signs;
C. Excavation for a basement, footings, piers or foundation or the erection of temporary forms;
D. The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(3) Land divisions that require a subdivision plat: The acceptance by DSD of a complete application, together with the application fee, for a preliminary plat or a short plat.
(4) Land divisions that do not require a subdivision plat in accordance with this chapter: A recorded record of survey that reflects the approved land divisions and easements submitted to DSD.
COMMERCIAL RACETRACK: A facility, whether private or public, indoor or outdoor, the primary purpose of which is to hold race events run with animals, humans or human operated machines or equipment, and for which a fee is charged to participants and/or an admission charge is paid by the public.
COMMISSION: The Canyon County Planning and Zoning Commission.
COMPATIBILITY: Land uses are compatible if: a) they do not directly or indirectly interfere or conflict with or negatively impact one another and b) they do not exclude or diminish one another's use of public and private services. A compatibility determination requires a site specific analysis of potential interactions between uses and potential impacts of existing and proposed uses on one another. Ensuring compatibility may require mitigation from or conditions upon a proposed use to minimize interference and conflicts with existing uses.
COMPOST: The aerobically decomposed remnants of organic materials with plant and/or animal origins.
COMPREHENSIVE PLAN: The comprehensive plan for the County officially adopted by the County as such.
CONDITIONAL APPROVAL: An affirmative action by the Director, or the presiding party indicating that approval is given, subject to compliance with certain specified conditions.
CONDITIONAL REZONE: The rezoning of land with conditions imposed so that if the conditions are not complied with, the rezone may be withdrawn and the land reverts back to its former zoning classification.
CONDITIONAL USE: A use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein. See Idaho Code section 67-6512.
CONDOMINIUM: Housing in which the living units are owned individually and the common areas are jointly owned by all the unit owners.
CONFINED ANIMAL FEEDING OPERATION (CAFO):
(1) Confined animal feeding operation, also referred to as "concentrated animal feeding operation", means a lot or facility where the following conditions are met:
A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in any twelve (12) month period;
B. Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility; and
C. A facility designed to confine or actually does confine the minimum animal numbers as contained in chapter 8 of this Code, confined animal feeding operations.
(2) Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
CONTRACTOR SHOP: May include, but not be limited to, a building where a contractor conducts his business, including offices and parking of equipment and employee parking.
CORN MAZE: An intricate network of passages in a cornfield.
COUNTY: Canyon County, Idaho.
COUNTY ENGINEER: The engineer or contract engineer of the County.
CREMATORIUM: As applied to funeral homes or mortuaries: a dedicated area within a licensed funeral home or mortuary building, or an accessory building of a licensed funeral home or mortuary, wherein human remains are cremated in a cremation retort.
DSD: The Canyon County Development Services Department.
DAIRY/DAIRY FARM: A use of land where one or more bovine, sheep, or goats are milked and the operation is licensed by the State of Idaho Department of Agriculture to sell milk for human consumption.
DAYCARE: Care and supervision of children not related by blood or marriage to the caregiver, for compensation during part of a twenty four (24) hour day in a place other than the home of the children being cared for. Daycare can be provided in the following facilities:
Daycare Center: A home, place, or facility for daycare of thirteen (13) or more children.
Family Daycare Home: A home, place, or facility for daycare of one to six (6) children.
Group Daycare Facility: A home, place, or facility providing daycare for seven (7) to twelve (12) children.
DEDICATED OR DEDICATION: Land that is devoted to a public use, by the acknowledgment and recording of a plat or deed, and the acceptance by action of a public body accepting and confirming the dedication.
DESIGNED PURPOSE: The use for which the improvements were originally intended, designed and approved pursuant to any applicable ordinances.
DEVELOPER: Any person or entity improving land for the purpose of subdivision, development, sale, or trade.
DEVELOPMENT AGREEMENT: A commitment reduced to writing as a means of evidence, and as a means of giving formal expression to some act or contract, by which an owner or developer makes a written commitment concerning the use or development of property. This "development agreement" is also known as a "written commitment".
DIRECTOR: The Director of DSD or his/her designee.
DISTILLERY: A place where alcoholic liquors are made.
DRIVEWAY: Vehicular access to one or two (2) inhabited buildings.
DWELLING: A building, or portion thereof, used for human habitation. A dwelling does not include a tent, recreational trailer, RV (self-propelled), motel, hotel, lodging or boarding house, club, sorority, or fraternity.
DWELLING UNIT: A dwelling designed for or used as a residence for not more than one family with a kitchen and a bathroom permanently installed.
EASEMENT: The right of a person, entity, government agency, or public utility company, by grant or other legal conveyance, to possess and use another's real property on a limited basis and for a specific purpose.
ENGINEER: Any person who is licensed in the State of Idaho to engage in the practice of professional engineering.
ENGINEERING PLANS: Plans, profiles, cross sections and other required details for the construction of improvements, prepared by an engineer in accordance with the final plat and in compliance with existing standards of design and construction.
ENVIRONMENTAL ASSESSMENT STATEMENT: A statement prepared by a qualified professional duly licensed by the State of Idaho in that area of expertise the professional is answering the questions noted in section 07-17-33: of this chapter. This is not a Federal impact statement.
ETHANOL PLANT: A facility where ethanol fuel is manufactured.
EXCEPTED PARCEL: Any parcel of land which is within the boundaries of a subdivision which is not part of the approved and recorded subdivision plat.
EXOTIC ANIMALS: Animals that are not native to the State of Idaho according to the Idaho Department of Fish and Game.
FCOs: Findings of fact, conclusions of law, and order or recommendation.
FAMILY: A person living alone or two (2) or more persons related by blood, adoption, or marriage.
FARM ANIMALS: Animals kept or raised for recreation or compensation. These animals may include, but shall not be limited to, equine, bovine, sheep, goat, swine, and fowl.
FEE: The fees as established by the fee schedule adopted by the Board.
FEEDLOT: A facility or confined area that is used for finishing or fattening animals where less than fifty percent (50%) of the feed for such fowl or animals is produced by the owner on his immediate owned or leased property. A feedlot may also be a confined animal feeding operation.
FENCE: A barrier built for either confinement of an area or to keep others out of a confined area. A fence may be either affixed to the ground or be placed thereon and may include, but not be limited to, rock, stone wall, retaining wall, shrubs, panels, netted wire, or barbed wire.
FENCE (SIGHT OBSCURING): The construction of a solid barrier that blocks the visibility through the fence, and is erected to screen areas from public streets and abutting properties.
(1) Allowed Materials: Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include chainlink with slats, wood, brick, masonry block, stone, vinyl, composite/recycled materials (hardy board) or other manufactured material or combination of materials commonly used for fencing.
(2) Prohibited Materials: Fences and walls shall not be made of or contain:
A. Scrap materials such as scrap lumber and scrap metal.
B. Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.
FERTILIZER: Compounds given to plants to promote growth either through application to the soil or direct application to the plants. Fertilizers can be composed of organic (e.g., leaves or manure) or inorganic matter (such as urea or phosphates). They can be naturally occurring compounds (such as peat or mineral deposits) or manufactured through natural processes (such as composting) or chemical processes.
FINAL APPROVAL: Unconditional approval of the final plat as evidenced by appropriate certifications on the plat; such approval constitutes authorization to record a plat.
FINAL DECISION: The written decision at the conclusion of a case.
FIRE DISTRICT: A fire protection district exercising jurisdiction over property or premises as authorized by Idaho Code title 31, chapter 14.
FIREWORKS SALE: The sale of fireworks pursuant to Idaho Code title 39, chapter 26.
FLEA MARKET: A site used for ongoing sales that includes rented space for the public to show and sell selected items.
FOOD PROCESSING FACILITY: A facility where food, in its raw product form, is prepared for market.
FUNERAL HOME OR MORTUARY: An establishment where the activities necessary for the care and custody of the dead, including: refrigeration, embalming; cremation; other necessary care; viewings; wakes; funerals; and other rites and ceremonies consistent with the proper final disposition of the dead, are conducted.
GRADE PLANE: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and lot line or, where the lot line is more than six feet (6') from the building, between the building and a point six feet (6') from the building.
GRAVEL PIT: An area that is being used for the purpose of removing the gravel from the land for commercial or private uses.
GROSS FLOOR AREA: The sum of the gross horizontal areas of the floors including the area under the exterior walls of a building or portion thereof.
GROUP HOME: A place or facility providing care and supervision for compensation for nine (9) or more persons during all or part of a twenty four (24) hour day. Examples may include, but not be limited to, halfway houses and homes for the disadvantaged.
HARD SURFACE: Any surface which is capable of providing an all- weather driving surface for reasonable emergency traffic, including Fire Department travel and may be, but is not limited to, gravel, concrete, asphalt, stone, or brick.
HAZARD: A probable source of danger.
HAZARDOUS WASTE: This is defined or determined by the United States Environmental Protection Agency.
HEARING EXAMINER: A person hired by Canyon County to act in the capacity of a hearing examiner as defined in Idaho Code section 67-6520.
HIGHWAY DISTRICT: A highway district exercising jurisdiction over property or premises as authorized by Idaho Code title 40, chapter 13.
HILLSIDE DEVELOPMENT: Any development or that portion of a development located in terrain having a maximum slope exceeding fifteen percent (15%), except where evidence is provided that no construction or development shall take place on slopes greater than fifteen percent (15%).
HOME BUSINESS: Any gainful business engaged in by a maximum of two (2) occupants of a dwelling unit and a maximum of three (3) adult employees. A home business may include, but not be limited to, professional services such as clerical, engineering, tax preparation, graphic design or web services; assembly of parts into salable items, teaching of music and other instruction or other like occupancies.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit and may include, but not be limited to, handicrafts, dressmaking, office of a clergyman, teaching of music, dancing and other instruction, family daycare, and other like occupancies.
ILLUMINATED ADDRESS NUMBERS: The number portion of the physical address of a home or business having artificial illumination upon them so that they are visible at night from the access road.
IMMEDIATE FAMILY MEMBER: Includes natural, adopted and step father, mother, son, daughter, brother, sister, granddaughter, grandson, grandfather, and grandmother.
IMPOUND YARD OR LOT: Any portion, piece, division or parcel of land, excluding fully enclosed buildings, that is used for the storage or holding of distrained vehicles or personal property, or for the care and keeping of vehicles or personal property whether taken into the custody of the law or for other reasons.
IMPROVEMENT: Shall include, but not be limited to, structure, roadway paving, curb, gutter, sidewalk, pedestrian pathway, bike path, water line, sewer line, drainage work, bus turnout, streetlight, and/or landscaping.
INDOOR RECREATION: Public or private recreation facilities, tennis or other racquet courts, swimming pools, bowling alleys, skating rinks, or similar uses which are enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. The term "indoor recreation" shall include any accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. The term "indoor recreation" shall not include theaters, cultural facilities, massage parlors, or any use which is otherwise listed specifically in the table of permitted and conditional uses.
INHABIT: To dwell, live, reside, work or stay.
INTERMITTENT USE (AIRSTRIP): The use of a property for an airstrip for no more than three (3) operations in a six (6) month period. An "operation" means not more than one touchdown and one takeoff.
IRRIGATION FACILITIES: The means and mechanisms necessary for the supply, delivery, and drainage of irrigation water, including, but not limited to, canals, laterals, ditches, conduits, gates, wells, pumps and allied equipment.
JUNKYARD: See public nuisances, section 02-01-05: of this Code.
KENNEL: Any portion of land, or any building, structure, enclosure or premises on the same or adjacent parcels, in which canines are housed, groomed, bred, boarded, trained, or sold, in which a total of six (6) or more dogs, three (3) months of age or over are kept or maintained in conformance with section 03-05-09: of this Code.
LIVESTOCK: Domesticated animals (other than household pets or exotic animals) raised for food, fiber or transport.
LOT: See definition of parcel.
LOT CLUSTERING: A development design technique that concentrates residences in specific areas on site to allow the remaining land to be used for agriculture, recreation, common space, and/or conservation of environmentally sensitive areas.
LOT COVERAGE: The area of a lot occupied by an impervious surface.
LOT LINE: The boundary property line in a platted subdivision.
LOT WIDTH: The horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.
MANUFACTURED HOME: A structure, constructed or rehabilitated according to HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, 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, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition 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 5401 et seq.
MINERAL EXTRACTION: The various activities associated with the extraction of mineral resources, including, but not limited to, gravel, from the ground.
MINISTORAGE FACILITY: A building or buildings containing various size storage compartments, and wherein each compartment is offered for rent or lease to the general public for the private storage of materials.
MOBILE HOME: A transportable, factory built home, whether single or multisectional, designed to be used as a year round residential dwelling and built prior to the enactment of the State of Idaho, Department of Labor and Industrial Services requiring a State approved insignia or the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Mobile homes must meet the requirements of the Idaho Division of Building Safety according to Idaho Code title 44, chapter 25.
MOTEL/HOTEL: A building or buildings in which lodging units are offered for persons, for compensation by the day or the week.
MULTI-FAMILY DWELLING: A structure containing more than one dwelling unit with separate ingress-egress from outside and having no interconnectibility between the units.
MUSEUM: An institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value and for which any sales relating to such exhibits are incidental and accessory to the exhibits presented.
NATIVE ANIMALS: Animals that are common to the State of Idaho but which are wild and not domestic.
NEIGHBOR: A person possessing or owning contiguous land or property.
NET FLOOR AREA: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms, and laboratory or workrooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and space used only for building maintenance and utilities shall be excluded.
NONCONFORMING PROPERTY: A property that lawfully existed prior to the effective date of this chapter, but that does not now conform to the dimensional standards for the district in which it is located.
NONCONFORMING STRUCTURE: A structure that was lawfully constructed and/or existing prior to the effective date of this chapter, but that does not now conform to the zoning standards.
NONCONFORMING USE: A use, structure, or parcel of land that lawfully existed prior to the effective date of this chapter but that does not now conform to the land use restrictions for the district in which it is located.
NUISANCE: See public nuisances, section 02-01-05: of this Code.
NURSERY: A place where plants are grown for sale or transplanting and where seventy five percent (75%) of the products offered for sale are grown on the premises.
NURSERY (RETAIL/WHOLESALE): The selling of products and plants at retail and/or wholesale.
OFF STREET PARKING AND LOADING: An open off street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
OPEN SPACE LAND: Any undeveloped or predominately undeveloped land which may be set aside for any of the following:
(1) Park and recreation purposes;
(2) Conservation of land and other natural resources;
(3) Conservation of wildlife habitat and natural space;
(4) Historic or scenic purposes;
(5) Common areas;
(6) Any area without structures that provides an open view.
OPERATION PLAN: A plan of action to include, but not be limited to, time requirements, commencement of the operation, hours of operation, noise levels, dust levels, air and water quality, raw material delivery, finished product and marketing, site improvements, public and private facilities, public amenities and infrastructure.
ORIGINAL PARCEL: A parcel of platted or unplatted land as it existed on September 6, 1979 (the effective date of the Zoning Ordinance 79-008), including any property boundary adjustments as defined in this chapter and any reduction in area due to creating a parcel for the exclusive use by Canyon County, a municipality within Canyon County, a local highway district, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency.
OVERLAY ZONE: A set of zoning requirements that are described in this chapter's text and maps, and subsequently imposed in addition to those of the underlying district. Development within the overlay zone must conform to the requirements of both zones. They are usually employed to deal with special physical characteristics such as floodplains, historic preservation areas, steep slopes, shorelines or other environmentally sensitive areas, but have other applications as well.
OWNER OR LANDOWNER: The person or persons holding title by deed to land or holding title as vendees under a land contract or holding any other title.
PARCEL: A tract of land described by metes and bounds, chains, rods or aliquot parts or by lot and block. Land that is described by metes and bounds that includes all or parts of multiple, preexisting parcels or portions of platted lots, all of which are not separately defined or labeled as separate parcels or lots, shall be considered one parcel.
PARK, PUBLIC: "Public park" means a park within the County which is under operation or management of a government entity that dedicates an area of land, usually in a largely natural state, for the enjoyment of the public, having facilities for rest, recreation, educational opportunities and other ancillary uses associated with a park.
PARKING LOT: An open, graded, compacted and improved surfaced area, other than a street or public way, to be used for the parking or storage, for limited periods of time, of operable passenger vehicles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE: Usable space within a public or private parking lot, not less than one hundred eighty (180) square feet (9 feet x 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger vehicle or commercial vehicle.
PATHWAY: See definition of pedestrianway.
PEDESTRIANWAY: A walkway designed for pedestrians to move from one point to another.
PERMITTED USE: The utilization of land which shall be permitted to take place in any district as set forth by this chapter after obtaining a conditional use permit.
PERSON: Includes, but is not limited to, an individual, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, agency, department, or division, and all other or any other similar entities.
PLANNED UNIT DEVELOPMENT (PUD): An area of land in which a variety of residential, commercial, industrial, or other land uses are provided for under single ownership or control, up until the final plat is recorded, and allows for flexibility in site design and dimensional standards to develop residential, commercial and/or industrial uses not allowed individually within specific zoning districts.
PLAT: An engineered map of a land subdivision in compliance with local and State law.
Final Plat: A map of all or part of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered professional engineer or a registered land surveyor in accordance with this chapter, Federal, State and local regulations.
Preliminary Plat: A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with applicable Federal, State and local regulations consisting of an approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the subdivision.
Recorded Plat: A final plat bearing all of the certificates of approval required in this chapter and duly recorded in the County Recorder's Office.
Short Plat: The combined approval process of preliminary and final plats.
POLITICAL SUBDIVISION: A county, city, school district, highway district, irrigation district, fire district or other district recognized by the Idaho Code.
PRESIDING PARTY: The Board, commission, hearing examiner, or Hearing Officer.
PRIVATE ROAD: A road serving more than two (2) permanent dwellings or commercial or industrial uses which is privately maintained, and not accepted for maintenance by the local highway district having jurisdiction.
PRIVATE TOWER WITH ANTENNA: A tower for private communications such as amateur radio, not for commercial use.
PROCESS: The mode, method, or operation necessary to prepare for market or to convert into marketable form.
PROPERTY LINE (FRONT): Property lines that abut any public or private road or are intersected by an ingress/egress easement.
PROPERTY LINE (REAR): The property line that is most opposite the front property line. If a property has more than one front property line, then the rear property line is that which is most opposite the front property line containing the access approach. The remaining property lines, opposite the other front property lines, may be side property lines.
PROPERTY LINE (SIDE): Property lines that are not front or rear property lines.
PUBLIC RIGHT-OF-WAY: Any land dedicated to the public and under the jurisdiction of a public highway agency. A public right-of- way can be open or closed to public travel and the highway district has no obligation to construct or maintain said right- of-way for vehicular traffic.
PUBLIC SERVICE AGENCY TELECOMMUNICATION FACILITIES: Police, fire, emergency medical services, highway district, and Idaho Transportation Department facilities which permit communication between public service agency dispatching facilities and public service agency personnel with each other. A public service agency telecommunication facility does not lose its designated status because it leases out a portion of its communication towers to private telecommunication facilities as long as the public service agency telecommunication facilities are the predominating use.
PUBLIC STREET: All roads, streets, alleys, or bridges open to public use and maintained by a public agency.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public owned buildings, fire and police stations, libraries, Post Offices, and public utilities administration buildings.
QUASI-JUDICIAL MATTER (HEARING): A term applied to the action of public administrative officers or bodies at public hearings, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. However, State law rules of evidence apply to judicial proceedings and do not apply to quasi-judicial hearings.
QUASI-PUBLIC USE (PERMANENT): Hospitals, convalescent homes, colleges, and other facilities of an educational, religious, charitable, or philanthropic nature that are nonprofit organizations or exempt properties.
QUASI-PUBLIC USE (TEMPORARY): An activity of a quasi-public nature which has a duration not to exceed seven (7) days and seven (7) nights in a six (6) month period and is allowed in all zones within the unincorporated parts of the County. Activities may include, but are not limited to, religious retreats, revivals, carnivals and like uses, musical concerts, theatrical performances, and sporting events.
RACETRACK: A configured course where races are run with animals, machines, or equipment.
RECREATIONAL VEHICLE (RV): A motor home, travel trailer, fifth- wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.
RECREATIONAL VEHICLE (RV) PARKS: A parcel of land designed and intended for the use of recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes.
RECYCLED ASPHALT: Recycled or reclaimed asphalt pavement which is used as a base material, or to supplement the virgin aggregate and oil in plant mix pavement. It is pavement which is supplemented with oil and acceptable binding materials, to be used as an asphalt surface.
REFINERY: A facility where a group of chemical engineering unit processes and unit operations are used to convert raw material into products of value.
RENDERING PLANT: A facility where animal parts are converted into industrial fats and oils or fertilizers.
REPLAT: A new plat of all or a portion of an existing subdivision plat.
RESIDE: Dwell or inhabit.
RESTAURANT: Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation.
REZONE: Changing the zoning classification of land from one zone to another.
RIBBON CURBING: At a minimum, curbing matching the slope and grade of adjoining road(s), with a two foot (2') wide six inch (6") thick concrete roadway edging strip (ribbon curbing), using road base in the same thickness as the adjoining road and designed to channel water from the road into adjacent infiltration swale.
ROAD LOT: A private road that provides access to more than two (2) lots within a subdivision.
ROADSIDE STAND: The site used for the sale of agricultural products where the majority of the products are produced by the landowner.
SCHOOL (PUBLIC OR PRIVATE): "Public or private schools" means an institution of learning or instruction primarily catering to minors, whether public or private, which is licensed at such facility by either the city or the State of Idaho. This definition includes nursery schools, kindergarten, elementary schools, junior high schools, middle high schools, senior high schools or any special institution of learning under the jurisdiction of the State Department of Education, but not including professional and vocational schools, charm schools, dancing schools, music schools or similar limited schools nor public or private universities or colleges.
SEASONAL ACTIVITIES: Activities dependent on a particular season of the year.
SECONDARY RESIDENCE: A dwelling, other than a temporary residence, that is detached from the primary residence.
SETBACK: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this chapter, or by delineation on a recorded subdivision map or a record of survey.
SHOOTING RANGE: An indoor or outdoor facility designed for the use of firearms and for which a fee is charged.
SIGN: Any sign, copy, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial, industrial, or public activity.
SIMILAR USES: A use that has characteristics generally like those of a listed or defined use.
SINGLE-FAMILY DWELLING:
(1) A dwelling for one family.
(2) Any dwelling in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and which is supervised and conforms to Idaho Code sections 67-6531 and 67-6532.
(3) A manufactured home as defined by Idaho Code section 39-4105(8).
SITE PLAN: A scaled drawing showing the parcel and all existing and proposed uses and structures and roads all with dimensions, distances and private and public road names. It includes lot lines, lot area, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, major landscape features, and the location of proposed utility easements. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data.
SLAUGHTERHOUSE: A facility where animals are killed and may be processed into meat products.
SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power.
SPECIAL EVENTS: Any temporary event including, but not limited to, weddings, picnics, barbecues, holiday events and parties, dances, concerts, footraces and walks, bazaars, and harvest festivals.
STAGING AREA: An area where equipment and/or materials are stored for use conducted entirely off site.
STRUCTURE: Any building used or intended for supporting or sheltering any use or occupancy as defined in the Canyon County Building Code.
SUBDIVISION: The division of any lot, tract or parcel of land into more than four (4) parts since recognition of the original parcel under this chapter for the purpose of development or transfer of ownership.
SUBDIVISION REVIEW TEAM: A committee of DSD employees which reviews proposed preliminary and final subdivision plats.
SURVEYOR: Any person who is licensed in the State of Idaho to engage in the practice of land surveying.
SWINE: Any of the various stout short legged, hoofed mammals with bristly skin and flexible snout including, but not limited to, pigs, hogs or boars.
SWINE FARM: Land where swine are raised for compensation or animal care projects.
TANNERY (COMMERCIAL): A facility where the tanning process is applied to hides to produce leather.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TELECOMMUNICATION FACILITY: Public or private cellphone, broadcast, communication, or wireless internet towers and associated facilities.
TEMPORARY USE: A land use intended to last or continue for a limited time.
TRACT: A parcel of land.
URBAN DENSITY: Development of land into parcels of less than one acre in size.
UTILITIES: Installations or facilities, underground or overhead, furnished for use by the public, including, but not limited to, electricity, gas, steam, communications, water, drainage, irrigation, sewage disposal or flood control, owned and operated by any person, firm, corporation, municipal department or board duly authorized by State or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments or boards.
UTILITY DISTRIBUTION SYSTEM: A system used to deliver any utility.
UTILITY FACILITY: Any facility providing utility services including, but not limited to, buildings, plants, substations, reservoirs or wastewater treatment plants owned or operated by a utility provider regulated by the Idaho Public Utility Commission or other regulatory agency or political subdivision of the State.
VARIANCE: A modification of the bulk and placement requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
VEHICLE SALES LOT: Premises on which new or used passenger vehicles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade.
VEHICLE SERVICE AND/OR FUELING STATION: Premises used for the sale and delivery of petroleum products and parts such as fuel, lubrication oils, tires, and incidental vehicular accessories and related services, including minor motor vehicle repairs and/or rental of vehicles.
VEHICLE SERVICE FACILITY: Premises on which repair and service work to vehicles is performed.
VEHICLE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in licensed operating condition are standing more than thirty (30) days, or on which motor vehicles not in licensed operating condition, or parts thereof, are dismantled, displayed, stored, recycled or sold.
VIABLE FARMLAND: Land that is capable of producing marketable farm animals or crops.
WAREHOUSING: Storage of goods or merchandise.
WATER INFILTRATION: A process in which water is applied to an area of land.
WIND FARM: Multiple wind turbines grouped in a single location for the purpose of generating a large amount of electric power.
WIND TURBINE: A structure that uses moving air to generate electricity through the use of blades that are turned by the wind.
WINERY: A place where wine is produced.
YARD: An area that extends along a property line to a depth or width specified in the setback regulations for the zone in which the property is located.
YARD (FRONT): The open space extending across the full width of the lot and lying between the front street line and the nearest line of a structure.
YARD (REAR): The open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a structure.
YARD (SIDE): The open space extending from the front yard to the rear yard and lying between the side lot line and the nearest line of a structure.
YARD/GARAGE SALE: A sale of used or unwanted household goods, personal items, bric-a-brac typically held in one's garage or yard.
ZONING MAP: An official map designating land use zones in the County. (Ord. 19-038, 8-30-2019; amd. Ord. 20-012, 5-29-2020)