A. Words not defined herein shall be given the meanings ordinarily applied to such words.
B. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
C. The word "shall" is a mandatory requirement; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.
For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
ACCESSORY USE OR BUILDING: A subordinate use or building customarily incident to and located upon the same lot occupied by the main building or utilized for the main purpose.
ACREAGE: Any tract or parcel of land which has not been subdivided or platted.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture, livestock, farming, dairying or animal husbandry, including all uses customarily accessory and incidental thereto, but not including slaughterhouses, fertilizer works, boneyards or plants for the reduction of animal matter.
ALLEY: A street or way shown on the official plat of the city or its additions and designated therein as an alley.
ALTER; ALTERATION: Any change, addition or modification in construction or occupancy.
APARTMENT HOUSE: A building or portion thereof used or intended to be used as the home of three (3) or more families or households living independently of each other.
AUTO WRECKING OR JUNKYARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.
AUTOMOBILE: A passenger vehicle.
AUTOMOBILE SERVICE STATION: Any premises used for supplying gasoline and oil at retail direct to the customer, including accessories and services for automobiles.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the average level of the adjoining ground, a basement shall be counted as a story for the purpose of height measurement.
BILLBOARD: Any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or a sign advertising the sale or lease of the premises on which the sign is located.
BLOCK: That property so designated on an official map of the city or part of the city or bounded by a street or streets, and railroad right of way, or unsubdivided acreage.
BOARDING HOUSE: A building or portion thereof, other than a hotel or barracks, where meals and lodging for three (3) or more persons are provided for compensation.
BREEZEWAY: A covered passageway between buildings which does not exceed ten feet (10') in width and which has at least one side open, except for necessary supporting columns.
BUILDING: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.
BUILDING AREA: The buildable area of a lot is the space remaining after adherence to the minimum open space requirements.
BUILDING HEIGHT: The vertical distance at the center of a building's principal front measured from the established grade to the highest point of the roof, beams, or in case of a flat roof, to the deckline or mansard, or to the center height between eaves and ridges for gable, hip or gambrel rooflines. The height may be measured from the average elevation of the finished sidewalk grade along the front of the building.
BUILDING INSPECTOR: State certified building code inspector.
BUILDING LINE: For the purpose of this title, the building line is the same as a front yard setback line.
BUILDING, PRINCIPAL: A building in which is conducted the main use of the lot in which it is situated.
CARPORT: A structure attached or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.
CLUB OR LODGE: An association of persons for the promotion of some common object, members to which are admitted only on invitation and the chief activity of which is not conducted for profit.
COMMISSION: Whenever the word "commission" is used herein, it shall be deemed to refer to the planning and zoning commission of the city.
CONDITIONAL USE: See definition of Special Use.
CONVALESCENT HOME: A building and premises in and on which two (2) or more sick, injured or infirm persons are housed or intended to be housed for compensation.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
CURB GRADE: The established elevation of the curb measured at the center of the front of a building. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this title.
DISTRICT: A section or sections of the incorporated area of the city for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
DUPLEX: A building arranged or designed to be occupied by two (2) families.
DWELLING: A building or portion thereof, but not an automobile house trailer designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, boarding and lodging houses.
DWELLING, MULTIPLE: A building or portion thereof designed for occupancy by three (3) or more families living independently of each other.
DWELLING, TWO-FAMILY: A building or portion thereof designed for occupancy by two (2) families living independently of each other.
DWELLING UNIT: Two (2) or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having only one kitchen.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.
ESTABLISHED GRADE: The sidewalk line grade at the front lot line as established by the engineer or otherwise as given and established under the direction of the city council.
EXISTING BUILDING: A building or structure or portion thereof lawfully existing at the effective date hereof.
EXISTING USE: A use which lawfully occupied a building or land at the effective date hereof.
FAMILY: Any number of individuals living together as a single housekeeping unit.
FRONT PROPERTY LINE: The front lot line as shown upon the official plat of the property in question.
FRONT YARD: Any open unoccupied space on the same lot with a building between the front line of the building (exclusive of steps) and the front property line.
FRONTAGE: All the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building for the storage of not more than three (3) motor driven vehicles, of which not more than one shall be a commercial vehicle of not more than two (2) ton capacity.
GRADE: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to, and within five feet (5') of, the sidewalk, the ground level shall be measured at the sidewalk.
HOME OCCUPATION: An occupation carried on by the resident of a dwelling as a secondary use within the same dwelling, and in connection with which there is no display, no advertising and no selling of a commodity upon the premises.
HOTEL: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guestrooms; and in which no provisions are made for cooking in any individual room or suite.
INSTITUTION: An organization or society for some public or social purpose.
JUNKYARD: Any land, property, building, structure or combination thereof used for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not the sale of such junk is made or proposed.
KENNEL: Any lot or premises on which four (4) or more dogs more than four (4) months of age are kept.
LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not to be permitted within this definition.
LOADING AREA: An open area, other than a street or alley, used for the loading or unloading of vehicles.
LODGING HOUSE: A building with not more than five (5) guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.
LOT: Land occupied or to be occupied by a principal building and accessory buildings including such open space as is required under this title and having a frontage upon a street or alley, where not appearing on any dedicated plat by number. But, where appearing on a dedicated official plat by a number, a lot near the area and surface as shown on said plat and given a prescribed number excepting whereby any lot is subdivided and occupied by separate buildings or units, then the term "lot" shall include each subdivision of the dedicated lot.
LOT AREA: The total area of a lot computed exclusive of any portion of the right of way of any public or private street.
LOT, CORNER: A lot on a corner fronting on two (2) intersecting streets.
LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The established division lines between parcels of land, public or private.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
MANUFACTURE: Preparation, making, treatment, or processing of articles as merchandise.
MOBILE HOME: A detached single-family dwelling unit with the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, tub or shower, and kitchen facilities with plumbing and electrical connections; and
B. Designed to be transported after fabrication on its own wheels, or on a flatbed; and
C. Arriving on 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 foundation supports, and connection to utilities.
MOTEL: A tourist court.
MOTOR HOME: A vehicle designed to be driven and used for human habitation.
NONCONFORMING USE: A building or land occupied by a use which does not conform with the regulations of the use district in which it is situated.
NURSERY SCHOOL: A school used exclusively for the daytime care of preschool age children.
NURSING HOME OR REST HOME: A private hospital for the care of children, the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
PARKING AREA, PRIVATE: An open area, other than a street or alley, used for the parking of the automobiles or unoccupied camping trailer of an occupant of a dwelling.
PARKING AREA, PUBLIC: An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for client or customers.
PARKING LOT: An open lot or parcel of land used for the storage of motor vehicles capable of being moved under their own power and exclusive of lots or parcels of land used for the purpose of dead storage, auto wrecking or exhibition for sale.
PARKING, OFF STREET: An area adequate for parking an automobile with room for opening doors on both sides, together with property related access to a public street or alley and maneuvering room; but shall be located totally outside any street or alley right of way.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial, industrial, and/or other land uses are provided for under single ownership and control, and are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this title.
PORCH: A roofed entrance to a building, projecting out from the wall or walls at the main structure and commonly open in part to the weather.
PREMISES: Land and/or buildings or other improvements thereon.
PUBLIC BUILDING: A building owned or used by the federal, state, county or city government or any political subdivision thereof.
PUBLIC GARAGE: Any premises used for the storage or use of more than three (3) motor vehicles, or where such vehicles are repaired or kept for hire, use or sale.
REAR YARD: An open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.
SCHOOL, ELEMENTARY OR HIGH: An institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the educational code of the state of Idaho. High schools include junior and senior.
SETBACK LINE: A line within a lot paralleling the street line, between which lines the construction of buildings is prohibited.
SIDE YARD: An open unoccupied space on the same lot as the building between the side wall line of the buildings and the side lines of the same lot.
SIGN, OUTDOOR ADVERTISING: A sign of any type or material, installed and placed for outdoor advertising purposes.
SINGLE-FAMILY DWELLING: A building arranged or designed to be occupied by not more than one family.
SPECIAL USE: An activity specified by this title as a principal or an accessory use, permitted when authorized by the city council and subject to certain conditions.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four feet (4') above the floor of such story.
STREET LINE: The property line or boundary between a street and abutting property.
STRUCTURE: Anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
TERRACE, OPEN: A level and rather narrow plane or platform which, for purposes of this title, is located adjacent to one or more faces of the main structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.
THIS TITLE: Wherever the term "this title" is used herein, it shall be deemed to include not only the provisions of this title, but all amendments to this title as the same may hereafter from time to time be adopted.
TOURIST COURT: A group of attached or detached buildings, including auto courts, motels or motor lodges, containing individual sleeping or living units, designed for or used by tourists or transients, with garage attached or parking space conveniently located to each unit.
TRAILER: A vehicle without motive power used for human habitation, including a trailer coach or house trailer designed to be drawn by a motor vehicle.
TRAILER CAMP, AUTOMOBILE: Any premises occupied or designed to accommodate more than one automobile house trailer.
TRAILER COACH AND MOBILE HOME PARK: Any plot of ground which is prepared for occupancy by more than one trailer coach or mobile home, to be occupied for dwelling purposes and located thereon regardless of whether or not a charge is made for such accommodations.
TRAILER COACH AND MOBILE HOME SPACE: A plot of ground within a trailer coach park.
VARIANCE: A modification of the regulations of this title where application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. A variance is not to be considered a right and is not to conflict with the public interest. (Ord. 297A, 5-5-1981; amd. 2010 Code)