(A) Interpretation Of Terms Or Words:
1. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter.
2. Words used in the singular include the plural and the plural the singular.
3. Words used in the masculine gender include the feminine, and the feminine the masculine.
4. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
(B) Meaning of Terms or Words:
ACCESSORY USE OR BUILDING: A use or structure on the same lot with, of a nature customarily incidental and subordinate to, the principal use or structure.
ADDITION: An extension or increase in floor area or height of a building or structure.
AGRICULTURE: The use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry and necessary accessory uses.
ALLEY: Any public space or thoroughfare less than sixteen feet (16'), but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public use.
ALTERATION: Any change, addition or modification in construction or occupancy.
APARTMENT: One of several suites or rooms in a building, each equipped for housekeeping.
APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
AREA: (see "Floor Area")
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including service, painting and steam cleaning of vehicles.
AUTOMOTIVE SALES (Includes Mobile Homes, Travel Trailers and Farm Implements): The sale or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of the same, to be displayed and sold on premises.
BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a "first story" as defined herein.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING, AGRICULTURAL: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products.
BUILDING ASSEMBLY: A building or a portion of a building used for the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining or awaiting transportation.
BUILDING DETACHED: A building surrounded by open space on the same lot as another.
BUILDING, EXISTING: A building erected prior to the adoption of this Chapter, or one for which a legal building permit has been issued.
BUILDING INSPECTOR: (see "Building Official")
BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this Chapter.
BUILDING OFFICIAL: The officer or designated authority charged with the administration and enforcement of the Cascade Building Code, or his duly authorized representative.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE: (see "Setback Line")
BUILDING SITE: Any area proposed or provided and improved by grading, filling, excavation or other means, for erecting pads for buildings.
BULK: The term used to describe the size and mutual relationships of buildings and other structures to other buildings or structures; and to all open spaces relating to the building or structures.
BUSINESS: An occupation, trade or profession; any of various operations or details of trade or industry; a commercial enterprise or establishment engaged in such operations.
CITY: A municipality, the City of Cascade, with definite boundaries and with various legal powers derived from the Constitution and Statutes of the State of Idaho.
CLINIC: An infirmary, usually connected with a hospital or medical school, for the treatment of patients, but which does not provide board, room or regular hospital care and services.
CLUB: A building or portion thereof reserved for the meetings of a group of persons organized for some mutual aim or pursuit, especially a group that meets regularly.
COMMERCIAL ENTERTAINMENT FACILITY: Any profit-making activity which is generally related to the entertainment field; e.g., movie theater, carnival, nightclub, cocktail lounge and similar entertainment activities.
COMMISSION: The Cascade Planning and Zoning Commission.
COMPREHENSIVE DEVELOPMENT PLAN: A plan or any portion thereof, adopted by the Council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, schools and other community facilities.
CONDITIONAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval from the Commission and the Council.
CONDOMINIUM: An estate consisting of an undivided interest in common real property; in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property; in an interest or interests in real property, or in any combination thereof. (Section 55-101B, Idaho Code)
COUNCIL: The Cascade City Council.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
COVENANT: A written agreement, as a contract, under seal.
CULVERT: An artificial, covered channel for water, as under a road, street or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon acceptance by the Council.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
DENSITY, GROSS: The number of dwelling units per acre of total land to be developed, including public right of way.
DENSITY, NET: The number of dwelling units per acre of land when acreage involved includes only the land devoted to residential uses, excluding the public right of way.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DUPLEX: A building having two (2) one-family dwelling units.
DWELLING: Any building or portion thereof which is not an "apartment house", "lodging house" or a "hotel", as defined herein, which contains one or two (2) "dwelling units" or "guestrooms", used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units, including apartments, townhouses and condominiums, with varying arrangements or entrances and party halls.
DWELLING UNIT, ROOMING HOUSE (Includes BOARDING HOUSE, LODGING AND DORMITORY): A dwelling or part thereof, other than a hotel/motel or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons, where no cooking or dining facilities are provided in the individual rooms.
DWELLING UNIT, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING UNIT, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be attached side by side or one above the other. (See definition of Duplex.)
EASEMENT: The privilege or right of making limited use of another's adjacent property.
ENGINEER: Any person who is licensed in the state to practice professional engineering, or a person appointed by the council.
ESTABLISHED GRADE: (See definition of Grade (Adjacent Ground Elevation).)
FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FEEDLOT: A commercial stockyard where large numbers of livestock are fed for the purpose of fattening for market.
FLOODPLAIN: The relatively flat area of lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of one hundred (100) year frequency, as established per engineering practices as specified by the army corps of engineers.
FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts.
FLOOR AREA, GROSS: The area to which the general public is admitted for transaction of retail trade.
FLOOR AREA, NONRESIDENTIAL BUILDING (To Be Used In Calculating Off Street Parking Requirements): The floor area of the specified use, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms and similar areas.
FLOOR AREA, USABLE: Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, including basement, mezzanine and intermediate floored tiers.
FOOD PROCESSING: The preparation, storage or processing of food products; e.g., bakeries, dairies, canneries, restaurants and other similar businesses.
FOREST: A tract of land covered with a growth of trees and underbrush; also the trees themselves.
FRONT OF LOT: The front boundary line of a lot bordering on the street and, in case of a corner lot, may be either frontage.
FRONT PROPERTY LINE: The front line as shown upon the official plat of the property.
GARAGE: A building or a portion of a building, in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired or kept.
GARAGE, PRIVATE: A building or portion of a building, not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GARAGE, PUBLIC: Any garage other than a private garage.
GARAGE, SERVICE STATION: A public garage providing a service, repair and maintenance for motorized or nonmotorized vehicles.
GOVERNING BODY: The Cascade City Council.
GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GUEST: Any person hiring or occupying a room for living or sleeping purposes.
GUEST ROOM: Any room or rooms used or intended to be used by a guest for sleeping purposes.
HEALTH AUTHORITY: The local District Health Department or the State Department of Health and Welfare that has jurisdictional authority.
HEIGHT OF BUILDING: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.
HIGHWAY: A street designated as a highway by an appropriate State or Federal agency.
HOME OCCUPATION: An occupation conducted entirely within a dwelling unit.
HOTEL: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
IMPROVEMENT: Any alteration to the land or other physical construction associated with a building site.
INSTITUTION: A building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.
JUNK: Castoff material of any sort that can be put to some use; odds and ends, as scrap iron, old bottles or paper.
JUNK BUILDINGS/ SHOPS: Any land, structure or building in which junk is stored or processed.
KENNEL: Any lot or premises on which three (3) or more dogs, more than six (6) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provisions for minor medical treatment.
LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups or deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street loading space is not to be included as off-street parking space in computation of the required off-street parking space. All off-street loading spaces shall be located totally outside any street or alley right of way.
LODGING HOUSE: Any building or portion thereof containing not more than five (5) guest rooms which are used by not more than five (5) guests where rent is paid in money, goods, labor or otherwise.
LOGGING: Operation and maintenance of vehicles and equipment used primarily for harvesting of forest products.
LOT: A plot or quantity of land, as surveyed and apportioned for sale or for other special purpose.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or other rights of way.
LOT, AUTOMOBILE SALES: Premises on which new or used passenger automobiles, recreational vehicles, mobile homes or trucks, in operating condition, are displayed in the open for sale or trade, and where no repair or service work is done.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings, on the lot, to the horizontally projected area of the lot, expressed by a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the primary street.
LOT, MINIMUM AREA: The area computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is recorded in the office of the County Recorder or a lot or parcel described by metes and bounds, the description of which has been recorded.
LOT TYPES: Corner Lot - A lot located at the intersection of two (2) or more streets.
Interior Lot - A lot other than a corner lot with frontage on one or more streets. Through lots abutting two (2) streets may be referred to as double frontage lots.
Reversed Frontage Lot - A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements; operating and storing within enclosed structure; and generating little industrial traffic and no nuisances.
MAY: As used in this Chapter, is permissive for compliance.
MOBILE HOME: A detached single-family dwelling unit, designed to be transported after fabrication to the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on the foundation supports, connection to utilities and the like.
MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes, for habitation, are parked either free of charge or for revenue purposes; including any roadway, building, structure or enclosure used or intended for use as part of the facilities of such park.
MONUMENT: Any permanent marker, either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines.
MOTEL: See definition of hotel.
MULTIUSE STRUCTURE: An assembly building used by senior citizens, community action center, Masonic members, VFW and American Legion, etc., for noncommercial purposes for the conducting of meetings, socializing, etc.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district in which it is situated.
NURSERY, CHILDREN'S: A place, home or facility providing care for more than five (5) children of preschool age.
NURSERY, PLANT: Land, buildings, structures or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale, on the premises, including products used for gardening or landscaping.
NURSING HOME: A home or facility for the care and treatment of more than five (5) persons who are unable to care for themselves without some personal or medical assistance.
OCCUPANCY: The purpose for which a building or part thereof is used or intended to be used.
OPEN SPACE: An area, substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts, any other recreational facilities that the commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.
ORIGINAL TRACT: A tract of land that existed at the date of adoption of the subdivision ordinance for the City of Cascade, being August 8, 1983.
OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARK MODEL: A recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.
PARKING SPACE, OFF STREET: An off street parking space shall consist of an area adequate for parking an automobile, with room for opening both doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public, e.g., shoe repair, watch repair, barbershops, beauty parlors and similar activities.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses, separately or any combination thereof, are developed under single ownership or control, and accommodated in a preplanned environment with flexible standards, such as lot sizes and setbacks.
PREBUILT HOME: A conventional home, prefabricated in a factory and transported to its permanent location.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects and engineers and similar professions.
PUBLIC HEARING: Any hearing that complies with the notice and hearing provisions of section 67-6509, Idaho Code.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants and other similar public service structures by a public utility, railroad, municipality or other governmental agency, including the furnishing of electricity, gas, rail transport, communications, public water and sewage services.
PUBLIC USE BUILDINGS OR AREAS: Commercial or noncommercial facility open for public use (e.g., parks, churches, public swimming pools, museums, etc.).
PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten feet (10').
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE (Hereafter Referred To As RV):
Camper Or Pickup Coach: A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
Dependent RV: An RV which can operate dependent upon a service building for toilet and lavatory facilities.
Motor Home: A portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self- propelled vehicle.
Self-Contained RV: An RV which can operate independent of connections to sewer, water and electrical systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the RV.
Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a "travel trailer" by the manufacturer of the trailer, and when factory equipped for the road.
RECREATIONAL VEHICLE PARK (RV PARK): Any two (2) acre or more tract, plot, site or parcel of land where upon two (2) or more RVs are placed for dwelling purposes only, the tenure being for a short, seasonable time basis, for which a rental fee is paid or made collectable to the person holding the land.
REFERENCE DATUM: The reference datum shall be the highest point of natural elevation adjacent to the exterior wall of the building.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
REPAIR, MAJOR MOTOR VEHICLE: General repair, engine rebuilding, repair or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers within an enclosed building.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products.
SEAT: (For the purposes of determining the number of off street parking spaces for certain uses.) The number of seats is the number of seating units installed or indicated, or each twenty four (24) linear inches of benches, pews or open space for loose chairs for such use.
SETBACK LINE: A line, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located aboveground, to include eaves, decks and other protuberances.
SHALL: As used in this chapter, is mandatory.
SIDE YARD: See definition of yard, side street.
SIDEWALK: A path or pavement at the side of a street, for the use of pedestrians. Usually that portion of the road right- of-way outside the roadway, which is improved for the use of pedestrian traffic. See also definition of walkway.
SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located. (Types, definitions and construction requirements are in title 2 of this Code.)
SITE BUILT: A wooden house constructed entirely or largely on the site which it is intended to occupy upon its completion rather than in a factory or similar facility.
SPECIFICATIONS, STANDARD: The specifications as specified in this chapter or as officially adopted by the Council.
SPLIT LEVEL HOUSE: A split level house is one that has multiple floors separated by a half level difference vertically between levels.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above.
STORY, FIRST: The lowest story in a building which qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.
STREET: Any thoroughfare or public space not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.
STREET, COLLECTOR: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or heavy traffic.
STREET, MINOR: A street which has the primary purpose of providing access to abutting properties.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE, MULTIUSE: See definition of multiuse structure.
SUBDIVISION: A tract of land divided into three (3) or more lots, parcels or sites for the purpose of sale, building development; or in creation of a street to access more than one building site. All resulting parcels must meet the minimum dimensional standards of this Code.
Exceptions: The following divisions of land shall not be deemed a subdivision:
1. A readjustment of lot lines or division of a lot as shown on a recorded plat which does not result in a violation of the setbacks, frontage, or dimensional standards of this Code or any covenant pertaining to said plat.
2. A readjustment of property lines of an unrecorded parcel of land that does not result in a violation of the setbacks, frontage, or dimensional standards of this Code and does not increase the number of building sites.
3. An easement providing rights for ingress-egress, utilities, or drainage for one building site across any portion of a parcel of land, which does not transfer title to any portion of the parcel.
4. A division of land for financing or mortgage purposes only where the entire parcel remains in one ownership.
5. Allocation of land in the settlement of an estate of a decedent, or a court decree for the distribution of property.
TINY HOUSE: A dwelling which is four hundred (400) or less square feet in floor area excluding lofts.
USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE: A modification of the strict terms of the relevant regulations, where such modification will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement would result in unnecessary and undue hardship.
VETERINARY HOSPITAL/CLINIC: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals and those who are in need of medical and surgical attention.
VICINITY MAP: A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby landmarks and community facilities and services, within the general area, in order to better locate and orient the area in question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only. See also definition of sidewalk.
YARD: An open, unobstructed space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the lot on which a building is situated.
YARD, AUTOMOTIVE WRECKING: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles, not in operating condition, are standing for more than thirty (30) days, or on which used motor vehicles or parts thereof are dismantled or stored.
YARD, FRONT: A yard extending between side lot lines, across the front of a lot, and from the front property line to the front of the principal building.
YARD, JUNK: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled.
YARD, REAR: A yard extending between side lot lines, across the rear of a lot, and from the rear property line to the rear of the principal building.
YARD, SIDE INTERIOR: A yard extending from the principal building to the side lot line, on both sides of the principal building, between the lines establishing the front and rear yards.
YARD, SIDE STREET: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
YARD, SUPPLY: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. (Ord. 392, 8-9-1982; amd. Ord. 608, 4-12-2004; Ord. 664, 4-22-2013; Ord. 688, 5-14-2018)