For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
A. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
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.
D. The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be used or occupied.
E. The word "lot" includes the words "plot", "parcel" and "tract".
The following words and terms, when used in this title, shall have the meanings ascribed to them in this section:
ACCESSORY DWELLING UNIT: An attached or detached independent dwelling unit on the same lot with, and of a nature customarily incidental and subordinate to, the principal dwelling unit that has separate kitchen, sleeping, and bathroom facilities.
ACCESSORY STORAGE BUILDING: A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property. Cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. In agricultural and residential zones accessory uses/structures include, but are not limited to, accessory dwelling units, detached carports and garages, pool houses and cabanas, amateur radio and satellite dish antennas, barns, corrals, stables, and similar uses and structures, including accessory storage buildings. In nonresidential zones accessory uses/structures include, but are not limited to, detached carports and garages, caretaker's quarters, guardhouses, microwave and satellite dish antennas, and similar uses and structures.
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is appointed by the mayor, with the consent of the council, to administer this title.
ADULT BUSINESS: Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities. Adult businesses must be a minimum distance of one-half (1/2) mile from any church, school, daycare, and/or any other business or use which is primarily intended for individuals under the age of eighteen (18) years old. The distance shall be measured in a direct line from the front door of the adult business to the front door of said business or use.
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.
AGRICULTURE AND FOREST: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for parking, treating or storing the produce; provided, however, that:
A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial feedlot or stockyard where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
AIRPORT: Any area of land or water which has been set aside, designated, classified and duly established by jurisdictional authorities which may be used for aircraft terminals for people, mail, and freight, airport traffic control and weather stations, aircraft repair, storage and tie down areas, gasoline, jet fuel, oil and other aircraft supplies and parts storage areas, aircraft landing strips, taxiways, clear areas, hangars, offices and such other facilities, buildings or structures necessary therefor.
ALLEY: A right of way or common lot inclusive of an easement which provides vehicular access to the rear or side of a property and is primarily intended to provide access for alley load garages.
AMBULANCE SERVICES: Provision of nonemergency medical care transportation, including incidental storage, maintenance and parking of medical transport vehicles.
ANIMAL SHOWS: Exhibitions of domestic or large animals for a maximum of seven (7) days. This classification includes sales of animals and related merchandise.
ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed.
ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of architecture.
ART GALLERIES: A room or series of rooms where works of art are exhibited.
ARTIST STUDIOS: Workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
ARTS AND CRAFTS SHOWS (OUTDOOR): Display and sale of painting, sculpture, handicrafts and similar objects.
ASPHALT PLANT: An establishment where asphalt, tar, gravel and other materials are combined to produce pavement and other related products.
AUCTION FACILITY: Facilities operated primarily for the sale of new and/or used merchandise by auctioning.
AUTOMOTIVE BODY SHOP: Automobile collision service, repair and painting.
AUTOMOTIVE EMISSION TESTING FACILITY: A lot, structure, or vehicle where emissions are tested or evaluated to determine compliance with law.
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk building covered by a canopy.
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found at an automotive gas station/service shop. An automotive gas station/service shop is not a repair garage nor a body shop.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES: The sale or rental of new and used motor vehicles, mobile homes, travel trailers and/or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOTIVE PARTS AND ACCESSORIES SALES: The retail sale of new, used, and rebuilt automotive parts accessories, including the rental of hand tools commonly used in automotive repair (excluding services and installation).
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, excluding collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE STORAGE: Storage of parking towaways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles.
AUTOMOTIVE VEHICLE VINYL WRAP SHOP: The automotive aftermarket practice of completely or partially covering a vehicle's original paint with a vinyl wrap of a different color, and sometimes the same color with a differing finish like a gloss, matte or clear protective layer. Other terms used to refer to vehicle vinyl wrap are car wrap, paint wrap, color change wrap, vehicle graphics, and paint protection film, but not including automobile collision service, repair, and painting.
AUTOMOTIVE WASHING FACILITY: An establishment or area that provides facilities for washing and cleaning vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses.
AUTOMOTIVE WRECKING YARD OR SALVAGE: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. Any premises, excluding fully enclosed buildings, where more than two (2) motor vehicles not in operating condition are standing more than thirty (30) days, or where used motor vehicles or parts thereof are dismantled or stored.
BACKAGE ROAD: A street, generally paralleling a state highway with properties located between the backage road and the state highway, which provides connectivity and access to said properties fronting the state highway. Backage roads typically lie between section line roads and/or half mile collector roads.
BAKERY PLANT (WHOLESALE): Establishments primarily engaged in making and preparing bakery products for immediate and nonimmediate consumption.
BANKS/FINANCIAL INSTITUTIONS: Financial institutions that provide retail banking services to individuals and businesses. This classification includes those institutions engaged in the on site circulation of cash money and businesses offering check cashing facilities.
A. With Drive-Up Service: Institutions providing services accessible to persons who remain in their automobiles. Drive-up service is classified separately because it is not appropriate at all locations.
BAR: An establishment for which a license under title 3, chapter 2, articles A, B, and/or C of this code is required where the principal business is the sale and consumption of alcoholic beverages on the premises, but not including bars within restaurants.
BAR, WINE/TASTING ROOM: An establishment for which a license under title 3, chapter 2, articles A and B of this code is required where the principal business is devoted to the sale of wine, beer, and cider whereby the product is produced by one or multiple facilities licensed and located in the State of Idaho for the consumption on or off premises. Food may be served; provided, that: (1) food items are produced off premises; (2) food items provided for consumption on site are limited to cheese, crackers, charcuterie and similar items made available strictly in conjunction with and ancillary to the wine tasting experience; and (3) the establishment is not a restaurant.
BASEMENT: A dwelling unit, all or partly underground, but having at least one-half (1/2) of its height below the average level of the adjoining ground.
BEAUTY/BARBER SHOP: Establishments where services are provided for hairdressing, but which may also offer tanning beds, facials, manicures, pedicures, massages and the like.
BED AND BREAKFAST FACILITY: An owner occupied facility providing overnight accommodations and breakfast food service to no more than twelve (12) guests at any one time. No cooking shall be allowed in guestrooms and only breakfast food shall be provided to guests. Bath facilities shall be shared by no more than two (2) guestrooms.
BEVERAGE BOTTLING PLANT: An establishment that produces consumable liquids (alcoholic or nonalcoholic) in bottles and/or cans.
BOARDING HOUSE, LODGING HOUSE, DORMITORY: A building other than a hotel or motel where meals and/or lodging are provided for compensation to three (3) or more unrelated persons, but less than twelve (12) persons, who are not transients, and kitchen facilities are not provided in the individual rooms.
BREWERY: An establishment for the manufacture of lager and ale.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
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 HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of the peak for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SUPPLY OUTLET: A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed, grain, and similar goods, for wholesale or retail sale. This use does not include hardware stores.
BUSINESS, TECHNICAL AND TRADE SCHOOLS: A proprietary school as defined by Idaho Code section 33-2401.
CABINET SHOP: An establishment, either wholesale or retail, that sells, repairs and/or manufactures cabinets or wood trim for any type of building or structure.
CATERING SERVICE: Preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption.
CEMETERY: Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbaria, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery.
CENTRAL SEWER SYSTEM: Any system that receives blackwaste or wastewater in volumes exceeding two thousand five hundred (2,500) gallons per day; any system which receives blackwaste or wastewater from more than two (2) dwelling units or more than two (2) buildings under separate ownership.
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b) occasional personal guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are an accessory use to residential uses.
B. Group daycare facility: A childcare facility for seven (7) to twelve (12) children.
C. Daycare center: A childcare facility for thirteen (13) or more children.
CHRISTMAS TREE SALES: Retail sales of Christmas trees between Thanksgiving and December 26.
CHURCHES AND OTHER PLACES OF RELIGIOUS ASSEMBLY: An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B.
CIRCUSES AND CARNIVALS: Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities, which may be conducted outdoors, or in a tent or other temporary structure, for a maximum of seven (7) days. This classification excludes events conducted in a permanent entertainment facility.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons or those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.
CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; but still not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
COFFEE ROASTING FACILITY: A facility in which unprocessed, green coffee may be sorted, roasted and processed, or packaged for use and consumption.
COLLEGES, UNIVERSITIES: An educational institution authorized by the state to award associate, baccalaureate, or doctorate degrees or post high school certifications or licenses.
COLLOCATION: The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure.
COMMERCIAL ENTERTAINMENT FACILITIES: An establishment or venue which is generally related to the entertainment field, the principal business of which is not the sale of alcoholic beverages.
COMMISSION/HISTORIC PRESERVATION: The historic preservation commission, Eagle, Idaho.
COMMISSION/PLANNING AND ZONING: The zoning, planning and zoning, joint zoning or joint planning and zoning commission with individuals appointed by the mayor and confirmed by the council.
COMMON AREA OPEN SPACE: Land within a development, not individually owned or dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street) or for use as private streets, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements (see definitions of Open Space; Open Space, Active; and Open Space, Passive).
COMMUNICATION FACILITIES: Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding public service facilities and personal wireless service facilities. This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.
COMPREHENSIVE 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, parks, schools and other community facilities.
CONCRETE BATCH PLANT: An establishment that combines cement, sand and gravel to produce concrete.
CONDITIONAL USE: A use permitted within a district, other than a principally permitted use, requiring a permit and approval of the council. Uses permitted in each district are listed in section 8-2-3, "Schedule Of District Use Regulations", of this title.
CONTRACTOR'S YARD AND/OR SHOP: Any area of land or building used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land or building used for the incidental repair of machinery used for any of the above listed activities.
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically found in establishments with long or late hours of operation.
COUNCIL: The city council of the city of Eagle.
CREMATORIUM: A facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials or narcotics.
CULTURAL FACILITIES: A facility where activities, programs, displays or performances, presented for the enjoyment, education or other benefit of the general public, involving art, music, literature, live theater, craft shows, history or humanities.
DAIRY FARM: A farm whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn, processing facility or feeding area where animals are kept, raised or fed in a restricted area, and where the milking area is subject to the approval of the Idaho state department of health and welfare.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including public right of way, private streets, and common area open space; excluding floodway.
Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way, private streets, common area open space, and floodway.
DESIGN REVIEW ORDINANCE: The design review ordinance of the city, as adopted by the city, or as may hereafter be amended and/or codified 1 .
DETENTION FACILITIES: Publicly owned and operated facilities providing housing, care, and supervision for persons confined by law.
DRIVE-IN THEATER: An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
DRUGSTORE: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies and nonprescription medicines but where nonmedical products may be sold as well.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units with varying arrangements of entrances and party walls, commonly referred to as apartments. Multi-family housing may include public housing.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight (8) or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot, commonly referred to as townhouses and/or townhomes.
DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be either attached side by side or one above the other. This definition does not include accessory dwelling units.
DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ELEMENTARY AND JUNIOR HIGH SCHOOLS: See definition of Schools, Public Or Private.
EMERGENCY: Occurrence or imminent threat of a disaster or condition threatening life or property that requires immediate action to save lives and protect property or to avert or lessen the threat of a disaster.
EMERGENCY HEALTHCARE: Facilities providing emergency medical service with no provision for continuing care on an inpatient basis.
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire protection and police protection, including incidental storage and maintenance and parking of emergency and emergency related vehicles.
ENGINEER: Any professional person who is licensed in the state of Idaho to practice professional engineering.
EQUIPMENT RENTAL AND SALES YARD: The use of a site for the sale, rental, storage, or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment.
FACADE: The front or chief face of a building.
FAMILY:
A. A person living alone or two (2) or more persons related by blood or marriage;
B. A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit;
C. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at any one time. (Resident staff shall not be counted toward the "8 or fewer" criterion.)
FARM: Buildings and premises used for the raising and processing of farm products in an agricultural setting by an individual or an association which operates and manages the farm either as owner or tenant, at a site used for a farm residence and associated farm accessory buildings.
FARMERS' MARKETS (OUTDOORS): The use of a site for the seasonal sale of fresh agricultural products directly to the consumer at an open air market designed as a community activity. It may provide arts and crafts booths accessory to the produce and plant life booths.
FEEDLOT OR STOCKYARD: Primarily where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
FLEX SPACE: Allows for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the structure, shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer use. Examples of uses include, but are not limited to, custom bookbinding, ceramic studios, candle making shops, custom jewelry manufacture, lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of each building used as "flex space" shall be a maximum of thirty thousand (30,000) square feet. Buildings may be comprised of several lease spaces. Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation and consumption. Typical uses include groceries, liquor stores, delicatessens, or bakeries, and exclude convenience stores and catering services.
FOOD PROCESSING PLANT: A commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities.
FRONTAGE ROAD: A road which has unlimited access to collector and access streets but has limited access to arterial streets. Access onto arterial streets is limited to one thousand five hundred feet (1,500') between points.
GOLF COURSE AND RELATED SERVICES: A tract of land laid out for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GOVERNMENT OFFICES: Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
GRAIN STORAGE: Any facility used to store any harvested crop to be sold for gain.
HARDWARE STORES: Sales of home and commercial building supplies. This use does not include building supply outlets.
HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority.
HEALTH CLUBS, SPAS, WEIGHT REDUCTION SALONS: Establishments with equipment for exercise and physical conditioning.
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and similar structures shall be determined by measuring the vertical distance from the point of contact with the ground to the highest point of the structure, including any vertical projection thereof. When mounted upon other structures, the combined height of the personal wireless facility, spire, pole, antenna, steeple, tower, and/or similar structure, including the height of the structure mounted upon, shall be used to determine height.
HELIPORTS: Pads and facilities enabling takeoffs and landings by helicopters.
HIGH SCHOOL: See definition of Schools, Public Or Private.
HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HISTORIC PROPERTY: Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HOME OCCUPATION: An accessory use of a dwelling unit and property that is:
A. Used for gainful employment or commercial purposes that involves the provision, assembly, processing or sale of goods and/or services; and
B. Incidental and secondary to the residential use of the structure and land and does not change the essential residential character of the dwelling unit/property; but
C. Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit.
HORTICULTURE:
A. General: The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise, including the storage of nursery equipment and materials and the erection of nursery structures.
B. Limited: The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise, provided that no nursery equipment or materials shall be stored and no structures erected.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty four (24) hours or more. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. The term hospital does not include convalescent, nursing or boarding homes and does not include institutions devoted to the care of the mentally ill or drug or alcohol addicted.
HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests. Hotels typically have eating and drinking service and a dining room where meals are served.
ICE MANUFACTURE, COLD STORAGE: A manufacturing plant where ice is produced and stored.
INDUSTRIAL:
A. Extractive: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
B. 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 and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.
C. Light: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures and generating little industrial traffic and no nuisances.
INDUSTRY:
A. Custom: Establishments primarily engaged in on site production of goods by hand manufacturing involving the use of hand tools and small scale equipment.
B. Limited: Includes mechanical equipment not exceeding two (2) horsepower, a single kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle making shops, and custom jewelry manufacture.
INDUSTRY RESEARCH AND DEVELOPMENT: Establishments primarily engaged in the research, development, and production of high technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Examples of uses include, but are not limited to, biotechnology firms, and computer component manufacturers.
INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
JUNKYARD: An outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards and places where such uses are conducted entirely within a completely enclosed building, such as pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL (For Hobby, Commercial Or Boarding Purposes): Any lot or premises or portion on which three (3) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale including privately or publicly owned, operated or managed dog pounds.
LABORATORIES: Establishments providing medical or dental laboratory services; or establishments with less than two thousand (2,000) square feet providing photographic, analytical, or testing services. Other laboratories are classified as industry limited.
LANDSCAPE ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of landscape architecture.
LAUNDROMAT: Business providing self-service cleaning facilities for clothing and other fabric articles.
LAUNDRY:
A. With No Drive-Up Service: A business which launders and dry cleans clothing and other fabric articles in bulk.
B. With Drive-Up Service: Institutions providing services accessible to persons who remain in their automobiles. Drive-up service is classified separately because it is not appropriate at all locations.
LIBRARY: Any establishment or building set aside for the repository or retrieval of information available for the public or patrons to make use of for all kinds of research and reading, including rooms for meetings.
LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events lasting less than seven (7) days or ongoing occasional events such as barn dances, square dances, weddings and receptions; temporary events such as corn mazes, hayrides, retail pumpkin patches and petting zoos lasting less than forty five (45) days per calendar year.
LIVE ENTERTAINMENT EVENTS; CITY SPONSORED: Temporary concerts and other community and cultural events.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street parking spaces are filled. Required off street loading space is not to be included as off street parking space in computation of required off street parking space. All off street loading spaces shall be located totally outside of any street or alley right of way.
LOT: A parcel, plot, tract, or other land area of sufficient size to meet minimum zoning requirements for use, coverage and area, and created by subdivision for sale, transfer, or lease, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be required within this code, on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion adjacent to the street, except for alley load homes designed to face each other with common area pedestrian access between fronts. In that case the front of the lot shall be the property line opposite of the alley and adjacent to the common area pedestrian access. For the purpose of determining frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under "Yard" in this section.
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is a part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with only one frontage on a street;
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; and
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
LOT WIDTH: Lot width shall be determined as follows: The distance between side lot lines measured at a point midway between the front and rear lot lines.
LUMBERYARD, RETAIL: An area and/or structures or buildings used for the storage, distribution, and sale of finished or rough cut lumber and lumber products.
MACHINE SHOP: A workshop in which work is machined to size and assembled.
MAINTENANCE OR REPAIR SERVICES: An establishment providing appliance repair, office machine repair, or building maintenance services. This use does not include the maintenance and repair of vehicles.
MANUFACTURED HOME:
A. A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code section 39-4105.
B. A rehabilitated dwelling certified by the state of Idaho department of labor and industry, building safety division.
MANUFACTURED HOME PARK: A residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased.
MANUFACTURED HOME SUBDIVISION: A residential subdivision developed exclusively for siting manufactured homes on individual lots or under individual ownership.
MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000) barrels of lager and ale a year and frequently selling its products on the premises. Also called boutique brewery, brewpub. Sale and consumption of alcoholic beverages is limited to lager, ale, wine, and cider. A microbrewery may include, but is not limited to, the following: tasting rooms, barrel rooms, bottling rooms, tank rooms, laboratories, processing structure, and offices.
MOBILE HOME: A transportable structure suitable for year round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976.
MOBILE HOME COURT (RV): Any site or tract of land whereupon two (2) or more mobile homes, travel trailers, or recreational vehicles are placed, located and maintained for dwelling purposes on a temporary basis.
MOBILE HOME PARK: Any site or tract of land under single ownership upon which two (2) or more mobile homes in habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling unit designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detached wheels. Use of mobile office at other than a construction site or a subdivision sales office requires a conditional use permit.
MODULAR HOME: Constructed with standardized units or dimensions for flexibility and variety in use.
MORTUARIES, FUNERAL PARLORS, AND SIMILAR TYPE USES: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
MOTELS: Establishments offering lodging on less than a weekly basis. This classification may include incidental eating or drinking service.
MUSEUM: Institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes museums and art galleries.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated.
NONPROFIT REHABILITATION CENTER: Facilities operated by established nonprofit organizations such as Goodwill Industries, Salvation Army, etc., which are intended to provide employment and training for handicapped persons. Such facilities may include, but are not limited to, activities such as light assembly of products, training, administrative office, repair and sale of secondhand clothing, furniture and appliances, and may include certain facilities for persons with profound mental retardation. This use does not include homeless shelters or other forms of transient or permanent residential accommodation.
NURSERY, PLANT MATERIALS: Land, building 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/CONVALESCENT HOME: Establishments providing care on a twenty four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. This classification also includes senior assisted living facilities with provisions for shared kitchen facilities and rooms with private bathrooms.
OFFICES, BUSINESS AND PROFESSIONAL: Offices of firms or organizations providing professional, executive, management, or administrative services. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.
OFFICE, MEDICAL AND DENTAL: A facility for a group of one (1) or more physicians for the examination and treatment of human patients, primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals. Patients are not kept overnight. Ancillary laboratory facilities may be included.
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas.
PAD MOUNTED MECHANICALS: All mechanical and electrical equipment mounted on the ground, including, but not limited to, transformers, compressors, generators, and other equipment to establish a controlled interior environment. All pad mounted mechanicals shall be screened from view.
PARAPET OR PARAPET WALL: That portion of a building wall that rises above the roof level.
PARK AND RECREATION FACILITIES: Publicly owned parks, playgrounds, recreation and entertainment facilities, and open spaces.
PARKING LOT, PARKING GARAGE: Parking lots or garages offering short term or long term parking.
PARKING LOT, PARKING GARAGE, COMMERCIAL: Parking lots or garages offering short term or long term parking to the public for a fee.
PARKING LOT, PARKING GARAGE, GOVERNMENT: Parking lots or garages which are owned by a government agency and which offer short term or long term parking to the public for no charge or for a fee.
PARKING SPACE, OFF STREET: An off street parking space shall consist of an area adequate for parking an automobile with room for opening 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.
PAWNSHOPS:
A. General: Establishments licensed by this code and engaged in the buying or selling of new or secondhand merchandise, including minimal numbers of used autos, and offering loans secured by personal property.
B. Auto (Exclusive): Auto pawnshops are those businesses dealing exclusively in offering loans secured by automobiles, trucks, motorcycles, recreational vehicles, travel trailers and similar vehicles, the storage of which requires one or more large parking areas. An auto pawn dealer may sell unredeemed pawned vehicles; however, the auto pawn classification does not include the sale of new vehicles unless auto pawn business is in conjunction with and on the premises of a new vehicle dealership.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements, according to plans and specifications within the time prescribed by the agreement.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, and fitness studios.
PERSONAL SERVICES: Provision of commercial services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, pet grooming, massage therapy, and similar activities.
PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of personal wireless services (i.e., towers, support buildings, etc.).
PERSONAL WIRELESS FACILITIES (WITHIN ENCLOSED BUILDING): Facilities necessary for the provision of personal wireless services (i.e., antennas) that are located within a building or on a building and screened from view.
PERSONAL WIRELESS SERVICES: Commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
PETROLEUM BULK STORAGE: A single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:
One or more stationary tanks which are used singularly or in combination for the storage or containment of more than one thousand one hundred (1,100) gallons of petroleum; or
All stationary tanks used for storage of used oil; or
Any tank whose capacity is greater than one hundred ten (110) gallons that is used for the storage or containment of petroleum, the volume of which is ten percent (10%) or more beneath the surface of the ground.
PHOTOGRAPHIC STUDIO: An establishment for taking or developing photographs on site for a fee or compensation.
PLANNED UNIT DEVELOPMENT: A development designed to incorporate a variety of lot sizes and created to accommodate a wide range of income levels and planned to be developed as a unit under single ownership or control which may include residential, commercial, or office uses or any combination thereof.
PORTABLE CLASSROOM: A detached mobile unit not intended for occupancy as a dwelling unit designed to be transported after fabrication on its own wheels, flatbed trailer or detached wheels. Use is only for classroom space associated with an approved school building. Portable classrooms shall comply with the performance standards for an accessory building as specified in subsection 8-3-5A of this title.
PRINCIPAL BUSINESS: The business activity carried out by a person or entity at a specific location that is not an "accessory use". The term "accessory use" as used herein shall be defined as set forth in this section.
PRINTING AND/OR BLUEPRINTING: An establishment providing printing, blueprinting, photocopying, graphic design, engraving, binding, or related services.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public services structures by a public utility, by a railroad whether publicly owned or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
PUBLIC UTILITY YARD: A yard where facilities such as utility shops, garages, or storage areas are located that are owned and operated by a public utility.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATION ITEM, PERSONAL: Includes, but is not limited to, bus, boat, snowmobile, jet ski, horse trailer, motorcycle, and all-terrain vehicle.
RECREATIONAL VEHICLE: A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pick-up coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer (a canvas, material or metal folding structure, mounted on wheels, and designed for travel, recreation and vacation use).
RECYCLING OPERATION: A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
RENDERING PLANT: A factory or plant that renders and processes livestock carcasses into tallow, hides, fertilizer, etc.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room. Bars and microbreweries are allowed within restaurants, whether operated by the restaurateur or by a separate entity, and shall be allowed under the same use classification as the restaurant when operated within a restaurant.
RESTAURANT, DRIVE-IN: A restaurant which primarily serves patrons in vehicles parked outside the principal building. Patrons are served at the vehicle and these facilities typically have no indoor seating. This use does not include restaurants with drive-up window service.
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which includes drive-up window service for ordering food to go.
RETAIL SALES:
A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, bicycles, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, and office supplies.
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering, and similar uses.
C. Pharmacies And Medical: Establishments primarily selling prescription drugs, and medical supplies and equipment.
D. Artisan: Handmade items, foodstuffs, and crafts made on the premises. Artisan sales is the only retail sales subclassification that is permitted as part of a home occupation use.
RIDING ACADEMIES/STABLES: Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas, and facilities for the care and exercise of horses and related equestrian activities.
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, and may include special features (required by topography or treatment) such as grade separation, landscaped area, viaducts and bridges.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
ROOF MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof mounted mechanicals shall be screened from view.
RV PARK: A place where people with recreational vehicles can stay overnight, or longer, in allotted spaces known as “spaces,” “sites,” or “campsites.”
SAND OR GRAVEL YARD: An area that is being used for the purpose of removing the sand or gravel from the land for wholesale or retail use; excavating and removing rock, stone, ore, soil, gravel, sand, minerals, and similar materials from the surface and/or subsurface for profit. Extractive industries are quarries, sand and gravel pits, mines, and soil removal operations. They are intensive operations that may generate large amounts of truck traffic, noise (including blasting), and dust. Much of the activity may result in odors from asphalt plants, noise and dust from sifters, crushers, and loading and unloading trucks, as well as runoff from washing material and cleaning operations and water sprayed to keep dust down.
SANITARY LANDFILL: A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan.
SCHOOLS, PUBLIC OR PRIVATE: An institution of learning that offers academic instruction in the courses that are required by the state of Idaho to be taught in public schools. "School" includes kindergarten, elementary, middle, junior high, and senior high. Privately funded schools whose curriculum meets the state of Idaho standards shall be included in this definition.
SEAT: For 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 on each twenty four (24) linear inches of benches, pews or space for loose chairs. A row of benches, pews or loose chairs for every five feet (5') of seating area shall be considered for determining total possible number of rows.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line (except for front setback), defining the limits of a yard in which no building or structure may be located aboveground except as may be provided herein.
SHIPPING/CARGO CONTAINER: Standardized reusable vessels that were:
A. Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or
B. Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.
SHOPPING CENTER: A group of commercial establishments, planned, developed, owned and/or managed as a unit related in location, size and type of shops to the trade area the unit serves. Shopping centers shall provide services for a neighborhood or for the community. Neighborhood centers will typically be comprised of between thirty thousand (30,000) to one hundred thousand (100,000) square feet of gross leasable floor area and community centers will typically be comprised of between one hundred thousand (100,000) to four hundred fifty thousand (450,000) square feet of gross leasable floor area.
SHOPPING MALL: A regional shopping facility comprised of many separate shops typically with two (2) or more major anchors (usually full line department stores) with shops/major anchors accessed mostly by indoor halls/walking areas. Outdoor access may be provided for open air shopping malls. A shopping mall shall provide services for a regional area, as well as the community, and will typically be comprised of between four hundred fifty thousand (450,000) to eight hundred fifty thousand (850,000) square feet of gross leasable floor area.
SIDEWALK: The portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGN:
A. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
B. Any identification, description, illustration, symbol, statue or device, illuminated or nonilluminated, which is visible from any public place designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public's attention to a product or location, with the exception of window displays and state or national flags.
1. Illuminated Sign: Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
2. Lighting Device Sign: Any light, string of lights or group of lights located or arranged so as to cast illumination on the sign.
3. Off Premises Sign: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
4. On Premises Sign: Any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
5.Projecting Sign: Any sign which projects from the exterior of a building.
SMALL ENGINE REPAIR (Mower, Chain Saws, Etc.): An establishment for repair and maintenance of small engines and equipment such as lawn mowers, snowblowers, chain saws, and the like. This does not include any type of automotive or vehicular engine/equipment repair.
STOCKYARD, SLAUGHTERHOUSE, MEATPACKING: An establishment maintained for the use of slaughtering or maintaining stock or preparing or processing of products for human consumption in order to prepare for sale to outlets.
STORAGE (ENCLOSED BUILDING): An enclosed building or group of buildings containing separate, individual, secured, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
STORAGE (FENCED AREA): The keeping, in an unenclosed area, of any goods, junk, material, or merchandise in the same place for more than twenty four (24) hours.
STORM DRAIN FACILITY: Facilities by which stormwater is collected and conveyed, including, but not limited to, any roads with drainage systems, streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and humanmade or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures.
STORY: That part of a building between the surface of a floor and the ceiling immediately above it.
STREET: A right of way or common lot inclusive on an easement which provides for vehicular and or vehicular and pedestrian travel, the dedication or granting of which has been officially approved by a governmental agency for public or private street purposes. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or other such terms. Street types are defined as follows:
Arterial Street: Primarily provides for access from one part of the community to another and also provides for the movement of vehicles through the community.
Collector Street: Primarily provides for circulation within and between neighborhoods.
Local Street: Primarily provides for access to abutting properties.
STREET FAIR: Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures for a maximum period of seven (7) days. This classification includes block parties.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
SURETY: An amount of money or other negotiable security paid by the developer or his agent to the city clerk, which guarantees that the developer will perform all actions required by the governing body regarding an approved plat, and provides that if the developer defaults and fails to comply with the provisions of an approved plat, the developer or his agent will pay damages up to the limit of the surety, or the financial instrument will itself complete the requirements of the approved plat.
TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS: A commercial land use where the marking or coloring of the skin is performed by pricking in coloring matter or by producing scars, and/or piercing of the body which is conducted in exchange for financial or other valuable consideration. It does not include tattooing when applied by a licensed dermatologist on premises licensed as a dermatological office.
TERMINAL YARD, TRUCKING: The use of a site where freight brought by truck or rail is transferred. The use may include the storage or repair of trucks or railcars. The use excludes the long term or permanent storage of freight.
TOWER: Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a "height", as defined in this section, in excess of fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TRADE FAIRS: Display and sale of goods or equipment related to a specific trade or industry for a maximum period of seven (7) days.
TRAVEL SERVICES: Establishments providing travel information and travel reservations to individuals and businesses. This classification excludes car rental agencies, and reservation services that do not make travel arrangements as a primary function of their operation.
TRUCK AND EQUIPMENT REPAIR AND SALES (HEAVY): The sale of vehicles primarily designed to carry cargo and material. Truck sales often involve the assembly of chassis and cabs.
TRUCK STOP, SERVICE STATION: A filling station or business enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on premises trade including large trucks as well as automobiles, including sale of tires, batteries, accessories and related services. Major and minor motor vehicle repairs, as well as special services to operators and drivers of trucks operating on an interstate basis provided.
TURF AND/OR TREE FARM: A property for agricultural use that is five (5) acres in size or greater, and is used for the purpose of growing turf and/or trees.
UPHOLSTERY SHOP: An establishment which sells upholstery or offers reupholstering services on site.
USE: The specific purposes 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 bulk and placement requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Definition same as Idaho Code 67-6516.
VETERINARY ANIMAL HOSPITAL OR 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 or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed developments to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
VINEYARD: A property in agriculture that is five (5) acres in size or greater, used for the purpose of growing and cultivating grapevines.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WALL: A continuous structure designed to enclose an area to be the surrounding exterior of a building.
WAREHOUSING AND STORAGE:
A. Limited: Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes facilities with a maximum of five thousand (5,000) square feet of gross floor area, but excludes wholesaling, distribution and storage, ministorage and vehicle storage.
B. Ministorage: Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. May include vehicle storage to a maximum of twenty percent (20%) of the site. Where greater than twenty percent (20%) of the site is allocated to vehicle storage, the vehicle storage must be treated as a separate use.
WHOLESALING, COMMERCIAL: Wholesaling and storage of commercial goods and supplies within an enclosed building.
WHOLESALING, DISTRIBUTION AND STORAGE: Storage and distribution facilities not including retail sales having five (5) or fewer trucks at any one time.
WHOLESALING, DISTRIBUTION, AND STORAGE; SMALL SCALE: Wholesaling, distribution, and storage having a maximum gross floor area of five thousand (5,000) square feet and using a maximum of two (2) commercial vehicles.
WINERY: An establishment for the manufacture or bottling of wine. A winery may include, but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, sale of wine, processing structure, and offices.
WINETASTING ESTABLISHMENT: A structure or building wherein the tasting, sampling, display and/or sales of wine and/or beer takes place.
WOODWORKING SHOP: A carpentry establishment where wood is modified and/or wood products are sold.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Interior Side Yard: 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.
Rear Yard: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
ZONING PERMIT: A document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses.
(Ord. 699, 5-28-2013; amd. Ord. 672, 12-10-2013; Ord. 733, 6-23-2015; Ord. 756, 8-23-2016; Ord. 820, 12-10-2019; Ord. 826, 7-28-2020; Ord. 827, 10-22-2020; Ord. 858, 10-26- 2021)
Notes
| 1 | 1. See chapter 2, article A of this title. |