A.   Interpretation And Implementation: The definitions set forth below shall be used in the interpretation and implementation of this title:
      1.   The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
      2.   The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
      3.   The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.
      4.   The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be used or occupied.
      5.   The word "lot" includes the words "plot", "parcel" and "tract".
   B.   Terms Defined:
   ACHD: Ada County highway district.
   ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is appointed by the mayor, with the consent of the city council, to administer this title.
   ADMINISTRATOR, FLOODPLAIN: An official having knowledge in the principles and practices of flood control regulations who is appointed by the zoning administrator, to administer flood control regulations and title 10 of Eagle city code.
   ADULT BUSINESS: Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities.
   AGGREGATE PROCESSING PLANT: A temporary facility or area for processing aggregate or batching concrete or asphalt.
   AGRICULTURE: The use of land for crop production, pasturage, animal and poultry husbandry and the necessary accessory uses for parking, treating or storing of produce. Agriculture does not include dairying or the maintenance of a commercial feedlot or stockyard where large numbers of livestock are fed concentrated feeds, particularly for the purpose of fattening for market, or uses defined as feedlots, stockyards, dairy farms or CAFOs as defined by city code or Idaho state law.
   ART GALLERY: An establishment for the display and/or retail sale of artwork and may include studio facilities for creation of artistic works.
   AUTO AND RECREATIONAL VEHICLE SALES: The sale of new and used motor vehicles, motor homes, and travel trailers, including repair work, incidental warranty repair of same, to be displayed and sold on the premises.
   AUTO BODY SHOP: A facility for collision service, repair and painting.
   AUTO GAS STATION/SERVICE SHOP: A building and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail. Incidental minor automotive repair and maintenance and an automatic car wash facility are also permitted.
   AUTO REPAIR AND SERVICE SHOP (MAJOR): A facility for the repair, rebuilding or reconditioning of any type of motor vehicle or parts thereof, in addition to the types of repair and service authorized to be performed in a minor auto repair garage, but excluding collision service, painting and steam cleaning of vehicles. The term includes a facility which performs any repairs to vehicles with a gross vehicle weight over ten thousand (10,000) pounds.
   AUTO REPAIR AND SERVICE SHOP (MINOR): A facility for the performance of minor repairs and service on vehicles of ten thousand (10,000) pounds' gross vehicle weight or less; such repairs and service are limited to electronic tune ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front end alignments, battery recharging, lubrication, selling/installing minor parts and accessories, other similar activities and repairing and installing other minor elements of an automobile such as windshield wipers, hoses, windows, etc., but excluding engine, transmission and differential repair or installation.
   AUTO/TRUCK RENTAL AGENCY: A facility for the rental of new or used automobiles and/or trucks. Vehicles kept on the lot for rental purposes are not considered to be outside storage.
   B TYPE DRAINAGE: Drainage that flows toward the side or rear of a lot or parcel instead of the front.
   BALCONY: A nonlivable exterior space that is accessible from an upper story of a residence or building.
   BANK/FINANCIAL INSTITUTION: An establishment that provides 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.
   BAR/PUB/NIGHTCLUB: An establishment for which a license under title 3, chapter 2, articles A, B, and/or C of Eagle city code is required and the principal business of which is the sale of alcoholic beverages to be consumed on premises and where food may be available for consumption.
   BED AND BREAKFAST FACILITY: An owner occupied residence providing overnight accommodations and breakfast food service to guests for compensation and where guest lodging is subordinate and incidental to the main residential use of the dwelling.
   BUILDING ENVELOPE: The portion of each property or lot within which all improvements are built including, but not limited to, structures, flatwork, and swimming pools, but excluding planting, driveways and boundary fencing.
   BUILDING MATERIALS/LUMBER YARD: A facility for the sale of home, lawn and garden supplies and construction materials such as brick, block, masonry, lumber and other similar materials.
   BUILDING/STRUCTURE, ACCESSORY: A building or structure on the same lot with, and incidental and subordinate to, and detached from, the principal building or structure. Accessory buildings/structures include, but are not limited to: detached carports and garages, pool houses and cabanas, guardhouses, barns, corrals and stables, storage sheds, outdoor storage structures, workshops, greenhouses, and similar structures, but do not include accessory dwellings. Also see definition of Dwelling, Accessory.
   CAR WASH: An establishment that provides washing and cleaning of passenger or recreational vehicles by hand, by use of automated equipment operated by one or more attendants, or by self-service facilities.
   CARNIVAL AND CIRCUS: The 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. This classification excludes events conducted in a permanent entertainment facility.
   CHECK CASHING/PAYDAY LOAN ESTABLISHMENT: An establishment that provides immediate cash for checks (payroll, personal, cashier, business, money orders, etc.) for a fee or provides loans.
   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: 1) the operator's children or legal wards or children related by blood or marriage, 2) occasional personal guests, and 3) 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 four (4) types of childcare facilities:
Daycare Center: A childcare facility for thirteen (13) or more children.
Family/Home Daycare Facility: A childcare facility for six (6) or fewer children and where childcare is subordinate and incidental to the main residential use of the dwelling. Baby sitting services are an accessory use to residential uses.
Group Daycare Facility: A childcare facility for seven (7) to twelve (12) children.
Preschool: A facility for children, usually between the ages of three (3) and five (5), staffed by qualified teachers and other professionals who encourage and supervise educational play rather than simply providing childcare. The maximum number of children will be regulated by state code based on the number of children listed above.
   CITY: The city of Eagle, Idaho.
   CITY CODE: The municipal code of the city of Eagle.
   CLINIC/URGENT CARE FACILITY: 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, and whose principal activity is to render a service not usually and ordinarily carried on as a business.
   COMMON AREA: Land within a development that is not individually owned or dedicated for public use but which is designed and intended for the common use or enjoyment of the residents of the development. The common area may include complementary structures and improvements.
   COMMUNITY INFORMATION CENTER: A facility that provides information on the community to the public and prospective residents or buyers and may include a sales office. Such information may include location and nature of various land uses, facilities and amenities, price ranges of homes in various neighborhoods, future plans and timing, and information about the master developer, builders, and the Spring Valley Community Association.
   CONDOMINIUM: One of a group of dwelling units within a building or complex of buildings in which each dwelling unit is individually owned and the common parts of the property, such as the buildings, grounds, and other areas of common use are owned jointly by the unit owners.
   CONFERENCE CENTER: A facility used for holding conventions, trade shows, exhibitions, seminars, workshops, social and special events, and similar activities and may include exhibit halls, meeting rooms, ballrooms, and dining and lodging facilities for use by participants as well as compatible accessory facilities. A conference center may be freestanding or part of a hotel/resort.
   CONSTRUCTION OFFICE: A mobile home, travel trailer, truck trailer, and/or other structure used as a temporary office in conjunction with a construction project.
   CONSTRUCTION YARD: Any area used on a temporary basis for the storage or processing of materials and supplies used in the actual construction of a project.
   CONVENIENCE STORE: An establishment providing retail sales of food, beverages and small convenience items typically found in a store with long or late hours of operation and may include twenty four (24) hour facilities. A convenience store operation may also include fuel sales, but shall then be regulated as a gas station. Such establishment is typically open between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. An establishment that is open before six o'clock (6:00) A.M. or after eleven o'clock (11:00) P.M. is subject to a conditional use permit.
   DENSITY, GROSS: The number of dwelling units per acre of total land contained within a master plan, planning unit master plan, parcel, preliminary plat or final plat including public right of way, private streets, and common area open space, excluding floodway.
   DENSITY, NET: The number of dwelling units per acre of land within a master plan, planning unit master plan, parcel, preliminary plat or final plat including only the land devoted to residential uses, excluding public right of way, private streets, common area open space, and floodway.
   DESIGN THEME: The conceptual theme established for Spring Valley, a Spring Valley planning area, a residential neighborhood, or nonresidential project which forms the basis for all design decisions that are made toward realizing the character of the area. The design theme provides a visual basis for architecture, engineering, site planning and landscape architecture.
   DRIVE-THROUGH USE: An establishment which by design, physical facilities, service, or by method of sale encourages or permits customers to receive services or obtain goods while remaining in their vehicles. The term "drive-through use" also includes automated tellers, banks, cleaners, pharmacies, restaurants and other establishments providing food or beverages, car washes, gasoline service stations, and quick lubrication.
   DRY CLEANER/LAUNDRY: A business that provides cleaning services or facilities for clothing and other fabric articles and may include drive-through service. Dry cleaning and laundry plant operations may be located off site.
   DWELLING, ACCESSORY: A dwelling located on the same lot as, and is subordinate to, the principal residential dwelling, and which may be attached or detached from the principal dwelling, and which provides living quarters with provisions for cooking (220V wiring), eating, sanitation, and sleeping for occupants or guests of occupants of the principal dwelling, their domestic employees, tenants or caregivers. An accessory dwelling may include a guesthouse, casita, or caretaker/domestic unit and may be located in the front, side or rear yard of the lot or may be above a garage. Direct access from the principal dwelling is not required. Accessory dwellings are considered dwelling units and count toward maximum density calculations within the PADA. Accessory dwellings require a zoning permit when modified or developed separately from the principal dwelling.
   DWELLING, MULTI-FAMILY: A building consisting of two (2) or more dwelling units where all such units are located on the same lot with varying arrangements of entrances and party walls and including units that are located one over the other. This definition includes condominiums and apartments.
   DWELLING, SINGLE-FAMILY ATTACHED: A building consisting of two (2) or more dwelling units separated by a party wall, with each dwelling located on a separate lot and having its own address and water meter. This definition includes duplexes, triplexes and townhomes.
   DWELLING, SINGLE-FAMILY DETACHED: A building on a single lot consisting of one dwelling unit which is not attached to any other dwelling, other than an accessory dwelling, by any means, and having only one address and water meter.
   DWELLING UNIT: A principal (not accessory) structure, building or portion thereof that is used exclusively for human habitation including living, sleeping, eating, cooking, and sanitation.
   EMERGENCY HEALTHCARE FACILITY: A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such facility may include incidental storage and maintenance areas and parking of emergency and emergency related vehicles.
   ENTERTAINMENT FACILITY: An indoor or outdoor commercial facility or area for sport, entertainment, games of skill, or recreation to the general public for a fee. Examples include, but are not limited to, bowling alleys, roller and ice skating rinks, miniature golf courses, golf driving ranges (not associated with a golf course), shooting ranges and gun clubs, game courts, movie theaters, concert halls, amphitheaters, and video game arcades.
   EQUESTRIAN CENTER: A facility for the care, training, riding or boarding of horses and may include one or more barns, riding arenas, show rings, exercise areas, tack rooms, pastures, meeting rooms, staff lodging and other accessory structures or facilities associated with such use. Such facility may be public or private and may provide for resident or private boarding for a fee.
   EQUESTRIAN LOT: A residential lot upon which horses may be kept and may contain a barn, riding area, pasture, and other ancillary facilities for the sole use of the lot owner.
   FARMERS' MARKET: A commercial event, typically held outdoors periodically or on a recurring basis, where farmers and other vendors sell fresh agricultural products and similar merchandise directly to the public. Food and beverages may also be sold. Such use shall require a city vendor's permit. This use does not include a flea market or swap meet.
   FLEX SPACE: A space within a building that provides flexibility for several uses in accordance with its underlying land use district. Such space typically contains a use or uses that generally require substantial amounts of storage and working area as well as for an office and/or showroom. Examples include, but are not limited to, custom bookbinding, ceramic studios, candlemaking shops, custom jewelry manufacture, laboratories, lighting/plumbing fixture showrooms, research and development, small merchandise assembly, and low intensity sales and distribution facilities. Buildings may be comprised of several flex spaces. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity.
   FLOOR AREA RATIO (FAR): The ratio of the total floor area of a building (or buildings) to the area of the lot or parcel on which the building stands. The total square footage on all floors of all buildings on a certain lot or parcel (building area) is divided by lot or parcel gross square footage (site area). As a formula, FAR = (building area)/(site area). For purposes of this definition, the total floor area (square footage) is measured from outside wall to outside wall and includes the area of all floors of the main structure and accessory structures, but excludes underground garages, uncovered terraces, patios, atrium porches or balconies, covered porches, patios and balconies enclosed on not more than two (2) sides, and chimneys.
   FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation and consumption. Typical uses include grocery stores, delicatessens, and bakeries, and exclude convenience stores and catering services. Such uses may also include liquor stores.
   GOLF CLUBHOUSE: The primary building on a golf course typically containing a pro shop and providing personal services for golfers and which may also contain a restaurant and snack bar, bar, locker rooms, banquet facilities, meeting rooms and lounge area.
   GRADING GUIDELINES AND HILLSIDE DEVELOPMENT STANDARDS: Those certain grading guidelines and hillside development standards, approved by the city for Spring Valley on November 24, 2009, in connection with Eagle city file number RZ-19-6 MOD, and attached to the development agreement as exhibit M.
   GROSS FLOOR AREA (GFA): The total amount of floor area within a building, as measured from the inside surface of the exterior walls, but excluding any floor area devoted to the following:
      1.   Mechanical, electrical, or communication equipment or uses as may be required for the operation of the building, including elevators and stairwells.
      2.   Parking and circulation space for motor vehicles.
      3.   Exterior balconies.
   HABITAT MITIGATION PLAN: That certain habitat mitigation plan, dated November 12, 2010, reviewed and provided with an adequacy statement by city's consultant and presented to city's council on January 11, 2011, which habitat mitigation plan is attached to the development agreement as exhibit N.
   HARDSCAPE: Hard surfaces such as sidewalks, pavers, patios, courtyards, and planters consisting of concrete, tile, stone, brick and other similar manmade materials used in lieu of, or in conjunction with, landscape.
   HEALTH CLUB, SPA, AND WEIGHT REDUCTION SALON: Establishments offering services including, but not limited to, exercise and physical conditioning, spa related services and weight counseling.
   HEIGHT, BUILDING: The height of a building as measured from the finished floor elevation closest to the corresponding finished grade to the top of the roof. The height of the building may follow the same slope as the contour of the lot (grade adaptive architecture). Top of roof means ridgeline or the highest point of any architectural element concealing roof top equipment.
   HEIGHT, PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS, AND SIMILAR STRUCTURES: 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.
   HOLIDAY/SEASONAL SALES: A onetime, temporary sale that is conducted for up to thirty (30) days customarily prior to or in conjunction with a specific holiday and/or seasonal event.
   HOME OCCUPATION: Any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the land use district of which it is a part.
   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.
   HOTEL, MOTEL: Establishments offering rooms as temporary lodging to guests. Hotels typically have eating and drinking service and a dining room where meals are served and may contain meeting/conference facilities. Hotels and motels are considered a nonresidential use and are thus not considered residential dwelling units within the context of any density calculations or allowable densities set forth in the preannexation and development agreement.
   IBC: International building code most recently adopted by the city.
   IDWR: Idaho department of water resources.
   ITD: Idaho transportation department.
   JUNKYARD: An indoor or outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including auto salvage yards, house wrecking yards, used lumber yards and places where such uses are conducted entirely within a completely enclosed building, 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.
   LABORATORY: An establishment providing medical or dental laboratory services, or establishments with less than two thousand (2,000) square feet providing photographic, analytical, or testing services.
   LAUNDROMAT: A business providing self-service cleaning facilities for clothing and other fabric articles.
   LIQUOR STORE: An establishment for the retail or wholesale sales of packaged liquor and alcohol and where no consumption takes place on the premises. Such use shall be regulated by Eagle city code and Idaho Code.
   LIVING QUARTERS, ACCESSORY: A structure located on the same lot as, and is subordinate to, the principal residential dwelling, and which may be attached or detached from the principal dwelling, and which may provide living accommodations with provisions for eating, sanitation, and sleeping for occupants, or guests of occupants of the principal dwelling, their domestic employees, tenants or caregivers, but does not include cooking facilities (220V wiring). Accessory living quarters may include a guesthouse, casita, or caretaker/domestic unit and may be located in the front, side or rear yard of the lot or may be above a garage. Direct access from the principal dwelling is not required. Accessory living quarters are not considered dwelling units and do not count toward maximum density calculations within the PADA. Accessory living quarters require a zoning permit when modified or developed separately from the principal dwelling.
   M3 EAGLE: The original and temporary name for Spring Valley that was used during the planning and approval process with the city of Eagle.
   MANUFACTURING, LIGHT: 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.
   MASTER DEVELOPER: The M3 Companies LLC, an Arizona limited liability company, and all its successors in title and interest.
   MASTER DRAINAGE STUDY: That certain preliminary master drainage study, dated June 14, 2006, as may be amended from time to time.
   MASTER HABITAT STUDY: That certain final habitat study and natural features analysis, dated June 2006, as may be amended from time to time.
   MASTER PLAN: The overall plan and program for Spring Valley as approved by the city and described in the PADA.
   MASTER TRAFFIC STUDY: That certain traffic impact study, dated June 26, 2006, as may be amended from time to time.
   MASTER WASTEWATER STUDY: That certain preliminary master wastewater study, dated June 14, 2006, as may be amended from time to time.
   MASTER WATER STUDY: That certain preliminary master potable water study, dated June 14, 2006, as may be amended from time to time.
   MORTUARY/FUNERAL HOME: A facility where services and/or ceremonies are held in conjunction with human burial or cremation. Crematories may be an accessory use.
   MOTION PICTURE/RADIO/TELEVISION PRODUCTION FACILITY: A facility for the making, broadcasting, and/or recording of movie, radio, or television productions.
   NURSERY, PLANT MATERIALS, RETAIL: Land, building or combination thereof for the storage, cultivation, and transplanting of live trees, shrubs or plants offered for retail sale to the general public on the premises including products used for gardening or landscaping.
   NURSERY, PLANT MATERIALS, WHOLESALE: Land, building or a combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for commercial sale to professional landscape businesses and members of such businesses and not for retail sale to the general public.
   NURSING/CONVALESCENT HOME/TRANSITIONAL HOUSING: An establishment 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.
   OFFICE PARK: A comprehensively planned and unified office oriented development containing at least two (2) separate buildings. Office parks typically have a mixture of office, service, professional, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the establishments located within the park. However, commercial and service uses are considered ancillary uses which shall not exceed ten percent (10%) of the buildable acres of the office park and are intended to be secondary and complementary to the principal use.
   OFFICES, BUSINESS AND PROFESSIONAL: An office of a firm or organization 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.
   OUTDOOR STORAGE: The storage of goods, wares, merchandise, equipment, vehicles, materials or supplies in the same place for more than twenty four (24) hours in an open area. The term outdoor storage shall include material that is kept under a pole barn structure or any structure that is less than fully enclosed.
   OWNERS' ASSOCIATION: A legal entity created by the master developer or parcel developer for the purpose of managing and operating common areas and facilities within Spring Valley for the use of its members through assessments of its members may include the Spring Valley Community Association.
   PARCEL: A designated tract or area of land established by plat or as otherwise permitted by law, to be used, developed or built upon as a unit.
   PARCEL DEVELOPER: A person or business and its agents engaged in the development and construction of improvements on a parcel or site subject to this title and the PADA.
   PARKING LOT, PARKING GARAGE: A parking lot or garage offering short term or long term parking to the public and which may also include a fee.
   PARKING SPACE: An area adequate for parking a vehicle with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
   PARKING SPACE, OFF STREET: A parking space that is located outside of any street or alley right of way.
   PARKING SPACE, ON STREET: A parking space that is located along or within a street or alley right of way. On street parking spaces are allowed to count toward the parking requirements of a use.
   PAWNSHOP: An establishment engaged in the buying or selling of merchandise, including minimal numbers of used vehicles, and offering loans secured by personal property. This definition does not include the sale of new vehicles unless the business is in conjunction with and on the premises of a new vehicle dealership.
   PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, martial arts studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios.
   PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, electronics and appliance repair (no outdoor storage), barbershops, beauty parlors and similar activities.
   PLANNED UNIT DEVELOPMENT (PUD): A development designed to incorporate a variety of uses and lot sizes, 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 in a preplanned environment as provided for in the PADA.
   PLANNING AREA: One of five (5) different areas that comprise Spring Valley as depicted on exhibit B of the PADA and as described in exhibits D, D1, D2, D3, D4 and D5 of the PADA.
   PLANNING UNIT MASTER PLAN (PUMP): A plan for the development of a distinct area of land within Spring Valley. Such plan identifies general location and size of development parcels, establishes uses and density ranges for each parcel, locates amenities and open space, establishes the major vehicular and pedestrian circulation system and generally locates community facilities. A PUMP does not include site plans or layout of lot lines that would normally be part of a preliminary plat.
   PORCH: A covered outdoor space defined by building walls and guardrails at the front, side or rear of a residence with one or more access points into the residence.
   PREANNEXATION AND DEVELOPMENT AGREEMENT (PADA): That certain preannexation and development agreement, between the city and M3 Companies LLC, recorded December 27, 2007, as amended from time to time.
   RADIO AND TELEVISION BROADCAST STATION: A facility used to transmit television and radio signals and shows/programs.
   RECREATION/COMMUNITY CENTER OR CLUB: A facility that provides a variety of recreational facilities and programs for community residents or the general public. Such facilities may include swimming pools, indoor and outdoor sports courts, exercise facilities and classes, spa facilities, locker rooms, meeting rooms, dance studios, game rooms, arts and crafts rooms, a restaurant and snack bar, bar, banquet facilities, lounge area and other similar uses. Recreation centers include YMCAs, teen centers, and similar facilities and may also include entertainment facilities or health clubs.
   RECYCLING/SOLID WASTE TRANSFER CENTER: A facility that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products.
   RELIGIOUS FACILITY: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services and accessory uses associated therewith. The term "religious facility" is not to be construed in any way to include private residences within which religiously related gatherings are conducted.
   RESEARCH AND DEVELOPMENT: An establishment primarily engaged in the research, development, testing, 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 research and development establishments include biotechnology, chemical, pharmaceutical, medical, electrical, transportation, and engineering firms and computer component manufacturers.
   RESORT: A destination point for visitors that generally provides overnight accommodations and recreation, fitness and spa facilities for persons on vacation including timeshare and vacation clubs. A resort is self-contained and provides personal services customarily furnished at hotels, including the serving of meals and meeting/conference facilities. Buildings and structures in a resort complement the scenic qualities of the location in which the resort is situated. Resorts are considered nonresidential uses and are thus not considered residential dwelling units within the context of any density calculations or allowable densities set forth in the PADA.
   RESTAURANT: Any establishment, other than a bed and breakfast facility, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom, dining room, and dining accommodations of public or private clubs. Bars and pubs may be included within a restaurant as an accessory use.
   RETAIL SALES: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, drugstores, video stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, printing and copy supplies and service, electronic equipment, music, pets and pet supplies, sporting goods, kitchen utensils, hardware, appliances, artwork, art supplies and services, antiques, collectibles, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories (excluding services and installation), and other similar items, but excluding building material/lumber yards. This definition also includes stores and establishments for the rental of small tools and equipment.
   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.
   SALES OFFICES/TRAILERS, TEMPORARY: The temporary use of a mobile home, travel trailer, truck trailer, and/or dwelling unit within a development project as a sales or rental office for the project.
   SCHOOL, BUSINESS: A commercial or public school providing instruction solely in professional skills including, but not limited to, business management, accounting, secretarial skills, sales, marketing and merchandising.
   SCHOOL, COLLEGE AND UNIVERSITY: An educational institution authorized by the state of Idaho to award associate, baccalaureate or higher degrees.
   SCHOOL, ELEMENTARY/MIDDLE/HIGH: A public or private educational institution having a curriculum comparable to that required in the public schools of the state of Idaho.
   SCHOOL, VOCATIONAL/TECHNICAL: A commercial or public establishment offering training in a skill or trade to be pursued as a career.
   SETBACK: The required distance from a building to a property line or site improvements including streets, curbs, parking lots, various site driveways and access roads, walkways, hardscape and walls and in which no building or structure may be located above ground except as may be provided herein.
   SHOPPING CENTER, COMMUNITY: A group of commercial establishments, planned, developed, owned and/or managed as a unit and typically containing one hundred thousand (100,000) to three hundred fifty thousand (350,000) square feet of gross leasable space designed to serve the needs of the community. A community shopping center is typically anchored by supermarkets, super drugstores, and discount department stores and sometimes contains big box retailers selling such items as apparel, home improvement/furnishings, toys, electronics or sporting goods.
   SHOPPING CENTER, NEIGHBORHOOD: A group of commercial establishments planned, developed, owned and/or managed as a unit and typically containing thirty thousand (30,000) to one hundred fifty thousand (150,000) square feet of gross leasable space and designed to provide convenience shopping for the day to day needs of consumers in the neighborhood. A neighborhood shopping center is typically anchored by a supermarket or drugstore.
   SIGN: Any display or device consisting of attached or painted letters, symbols or designs, and is intended to communicate business identification, an advertisement, announcement, direction or other message or attract, distract, hold, direct or focus attention. Refer to chapter 3 of this title.
   SITE DRIVEWAY AND ACCESS ROAD: Facilities that are typically privately owned and maintained, do not conform with public street design standards, are located on site, serve an individual development (occasionally with separately owned lots) and do not serve as public streets either by function or appearance.
   SITE FURNISHINGS: Utilitarian outdoor elements intended for pedestrian use such as benches, trash receptacles, public telephones, newspaper racks, bollards, drinking fountains, bike racks, parcel delivery service and postal boxes, and lighting standards.
   SPECIAL CARE FACILITY: A facility used exclusively for one or more of the following: 1) the treatment of alcohol or drug dependency; 2) the housing and care of persons with physical or mental illness that requires them to be confined in an institutional facility as allowed by Idaho Code.
   SPECIAL EVENT: An event or happening organized by any person which will generate or invite considerable public participation and/or spectators for a particular and limited purpose and time, including, but not limited to, musical and dance performances, arts and craft shows, artifact displays, holiday events, fun runs, roadway foot races, fundraising/charitable events, bike-a-thons, parades, and fairs. Special events may occur on public or private property.
   SPRING VALLEY: A six thousand plus (6,000+) acre planned community located in the North Eagle Foothills in the city of Eagle, which will contain a mix of residential, commercial, employment, institutional, civic, service, recreational, and open space uses and which is subject to the PADA.
   SPRING VALLEY COMMUNITY ASSOCIATION (SVCA): A nonprofit corporation of property owners or associations established for the benefit of its members to maintain community association owned common areas and facilities, enforce the Spring Valley CC&Rs and perform other functions directed by its members and authorized by applicable regulations and land purchase agreements.
   SPRING VALLEY DESIGN GUIDELINES: See Chapter 3 of this title. A document containing planning principles, design and development standards, and design review processes required for all development within Spring Valley.
   SPRING VALLEY DESIGN REVIEW COMMITTEE (SVDRC): A committee established by the master developer to review and approve all development, building and site improvement proposals consistent with the approved standards within Spring Valley.
   SPRING VALLEY MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs): A document that is part of the recorded founding documents for the Spring Valley property. It establishes the basic governance powers for the Spring Valley Community Association and its board of directors.
   STREETSCAPE OR STREET SCENE: All of the plant material, walkways, walls, community monumentation and street furnishing adjacent to a Spring Valley roadway that establish the visual character of the street.
   TOWER: Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a "height", as defined in this chapter, 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.
   TOWNHOME/TOWNHOUSE: An attached single-family dwelling unit within a row of similar dwelling units sharing one or more common walls and in which ownership includes the building and the lot on which the building sits.
   USE, ACCESSORY: A use or structure that is incidental and subordinate to an established principal use of a property and is located on the same lot as the principal use. Accessory uses/structures include, but are not limited to, detached carports and garages, covered parking structures, trash enclosures, pool houses and cabanas, barns, corrals, stables, caretaker's quarters, guardhouses, storage sheds, outdoor storage structures, microwave and satellite dish antennas, and similar uses and structures. Accessory uses shall require a zoning permit when modified or developed separately from the principal use.
   USE, PRINCIPAL: The primary or main use of the land, building or structure, as distinguished from an accessory or temporary use.
   USE, TEMPORARY: Any activity on a site approved by the administrator for a limited time of operation, as set forth in chapter 3 of this title. A temporary use is governed by a zoning permit.
   UTILITY STRUCTURES OR APPURTENANCES: Elements of the utility system that extend above ground and can be seen. Utility appurtenances include, but are not limited to, electronic transformers, switch and junction boxes, telephone switch and junction boxes, cable television boxes, gas vents and valves, irrigation controllers and valve boxes, security and camera, satellite dishes and antennas of all types.
   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 the treatment, observation and/or recuperation. It may also include boarding that is an accessory use to the primary activity.
   VIEW CUL-DE-SAC: A cul-de-sac that terminates next to a roadway, park or open space area and has a view opening that may consist of a view fence or view wall with a gate for pedestrian access.
   VIEW FENCE: A fence constructed of metal pickets, glass or other approved material that allows full or partial viewing through.
   VIEW WALL: A security or privacy screen that is part solid wall and part view fence.
   VINEYARD: Land used for the growing of grapes including storage of related equipment and accessory uses. It may also include a winery, tasting room, wine cellar, bottling, and any other uses related to the production of wine.
   WALL, COMMUNITY: A wall within and along the perimeter of Spring Valley that is designed to enhance the community theme.
   WALL, PARCEL: A wall not designated as a community wall within a neighborhood, including a wall between individual parcels and rear and side yard privacy walls.
   WAREHOUSING AND STORAGE, MINISTORAGE: Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. This 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 outdoor storage.
   WATER CONSERVING PLANT MATERIALS: Plant materials that require little or no irrigation.
   WHOLESALING DISTRIBUTION AND STORAGE: Storage and distribution facilities without direct public access for merchandise to retailers, to industrial, commercial, institutional, or professional business users, to other wholesalers and to members of such businesses.
   WINERY: A facility dedicated to producing, warehousing, distributing, and selling of wine and other associated products. A winery may include a crushing facility, bottling equipment, barrel storage, agricultural equipment and storage. A tasting room, restaurant, events center, and retail sales associated with the winery may be included as accessory uses.
   WIRELESS COMMUNICATION FACILITY: Any unstaffed facility that transmits and/or receives signals by electromagnetic or optical means, including, without limitation, antennas, microwave dishes, satellite dishes or similar structures supporting such equipment.
   ZERO LOT LINE DEVELOPMENT: The location of a building on a lot in such a manner that one or more building sides have no (zero) building setback (or yard requirements) and rests directly on a side or rear lot line. (Ord. 710, 1-14-2014)