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:
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 STRUCTURE/ BUILDING: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure. In agricultural, residential, and non-residential zones, accessory structures/buildings 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. Cargo containers, railroad cars, converted mobile homes, camp trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and material or not constructed in accordance with building code are not permitted as accessory structures.
ACCESSORY USE: A use customarily incidental and subordinate to the principal use that occurs on the same lot as the principal use.
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.
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.
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.
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 and designated parking.
AMBULANCE SERVICES: Provision of nonemergency medical care transportation, including incidental storage, maintenance and parking of medical transport vehicles.
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 GALLERY: An establishment for the display and/or retail sale of artwork and may include studio facilities for creation of artistic works.
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: Display and sale of painting, sculpture, handicrafts and similar objects.
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 FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk building covered by a canopy.
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 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 EMISSION TESTING FACILITY: A lot, structure, or vehicle where emissions are tested or evaluated to determine compliance with law.
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.
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.
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 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.
BLOCK: A group of lots, tracts or parcels within well-defined boundaries, usually streets.
BOARD, DESIGN REVIEW: The design review board of the city of Eagle, Idaho.
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.
BOND, PERFORMANCE OR SURETY: 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.
BUILDING: A structure designed or used as the living quarters for one or more families, or a structure designed for use as an accessory to a structure used for living quarters or a structure designed for commercial or industrial uses.
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 HEIGHT: The vertical distance measured from the finished floor elevation closest to the finished grade to the top of the roof. "Top of roof" means ridgeline or the highest point of any architectural element concealing rooftop equipment, excluding chimneys and vents. The height restrictions are not intended to limit the number of stories.
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, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE: 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.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
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.
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.
CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
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, Idaho.
CITY COUNCIL: The city council of Eagle, Idaho.
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.
COFFEE ROASTING FACILITY: A facility in which unprocessed, green coffee may be sorted, roasted and processed, or packaged for use and consumption.
COMMISSION, HISTORIC PRESERVATION: The historic preservation commission of the city of Eagle, Idaho.
COMMISSION, PARKS, PATHWAYS AND RECREATION (PPRC): The parks, pathways, and recreation commission of the city of Eagle, Idaho.
COMMISSION, PLANNING AND ZONING: The planning and zoning commission of the city of Eagle, Idaho.
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 ASSOCIATION BUILDINGS AND FACILITIES: A community room, clubhouse, recreation center or similar area for use by the residents of a residential development.
COMPREHENSIVE PLAN: A document adopted by the City Council that herein may be referred to as a comprehensive plan or comprehensive development plan.
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.
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 land use district are listed in section 11A-2-3, "Land Use Standards", of this title.
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.
COUNTY RECORDER: The office of the Ada County recorder.
COVENANT: A written promise or pledge.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public upon the acceptance by the city or affected agency.
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.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DEVELOPMENT: Alterations to the project, including, but not limited to, grading, landscape improvements, or construction, for which a planning application has been approved.
DITCH: An open channel artificially constructed.
DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with "runoff" as used herein.
DRAINAGE CHANNEL: A natural channel, ditch, pipe or other conduit for liquid, naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet points and then convey such storm drainage to an outlet point.
DRAINAGE FACILITY: An artificially constructed or naturally occurring drainage channel, detention or retention facility, or partial retention facility.
DRAINAGE RECEIVER: A government entity, canal company or special taxing district which maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed and dated public document, to accept a defined quantity of storm drainage from the development. This definition also applies to Ada County highway district, with regard to any runoff from any development to any street.
Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless discharged at the predevelopment rate or it is formally accepted by a drainage receiver.
DRAINAGEWAY: A drainage channel or drainage ditch.
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.
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.
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.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription.
ELECTRICAL SUBSTATION: A structure that is part of an electric generation, transmission, and distribution system that:
A. Converts electric energy to a lesser voltage for the purpose of subregional or localized distribution;
B. Functions as a transition point from overhead to underground electric transmission lines; or
C. Acts as the point of convergence for two or more transmission lines.
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 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.
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 person who is licensed in the state to practice professional engineering.
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.
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' 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.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway or floodway fringe, as established pursuant to engineering practices of the U.S. Army Corps of Engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bend and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by a flood of 100-year frequency.
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, liquor stores, delicatessens, or bakeries and exclude convenience stores and catering services.
GOLF COURSES/CLUBHOUSES (PUBLIC AND PRIVATE): A tract of land laid out for playing the game of golf that may include a clubhouse, restaurant, bar, locker rooms, banquet facilities, meeting rooms, lounge areas, snack bars, pro shop, practice facilities and other uses customarily associated with a golf course.
GOVERNING BODY: The city council of the city of Eagle, Idaho.
GOVERNMENT BUILDINGS/ OFFICES: Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
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.
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 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.
HELIPORTS: Pads and facilities enabling takeoffs and landings by helicopters.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten percent (10%) or more.
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.
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: An accessory use of a dwelling unit and property that is:
1. Used for gainful employment or commercial purposes that involves the provisions, assembly, processing or sale of goods and/or services; and
2. 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
3. Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit.
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.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site developments.
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.
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: A business providing self-service cleaning facilities for clothing and other fabric articles.
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.
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.
LIVE ENTERTAINMEN T 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 pumpkins patches and petting zoos lasting less than forty-five (45) days per calendar year.
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.
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.
LOOP: A minor street in which both terminal points are on the same street of origin.
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 title, on an improved public street, or on an approved private street, and may consist of:
1. A single lot of record;
2. A portion of a lot of record; and
3. A combination of complete lots of record, or of portions of lots of record.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or rights of way 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: As used in these regulations, lot types are as follows:
1. Corner Lot: A lot located at the intersections of two (2) or more streets.
2. Interior Lot: A lot other than a corner lot with frontage on only one street other than a corner lot.
3. Through Lot: A lot with frontage on more than one street other than a corner lot.
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.
M3 EAGLE: The original and temporary name for Valnova that was used during the planning and approval process with the city of Eagle. All references to M3 Eagle in prior planning documents are synonymous with Spring Valley and Valnova.
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: GWC Capital, LLC, a Utah limited liability company, and all its assignees and 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.
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.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in chapter 50-1303, Idaho Code.
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.
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.
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.
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.
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.
OPEN SPACE: Land which is set aside for use by residents of Valnova or the general public for recreation, agriculture, habitat, vegetation, scenic or similar uses. Open space may be developed or natural and may include: 1) public and private parks, sports fields, and trails; 2) golf courses; 3) equestrian centers; 4) vineyards and other agricultural lands; 5) landscape easements or common areas inside or outside of public rights of way; 6) floodplains and floodways; 7) the lesser of fifty percent (50%) of school sites or the area of playfields; 8) scenic corridors; 9) undeveloped hillsides; 10) wetlands, wildlife habitat, drainage areas, and unique or sensitive plant areas; and 11) conservation easements or permanent open space on private lands or lots subject to deed restriction. Open space may be publicly or privately owned and may be accessible or inaccessible to the public. The minimum open space within Valnova shall be twenty percent (20%) of Valnova or one thousand two hundred three (1,203) acres. The minimum amount of open space within any planning area shall be fifteen percent (15%) of the total gross acres of the planning area.
OPEN SPACE, ACTIVE: Open space which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, golf courses or sports courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to chapter 3 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.
OPEN SPACE, PASSIVE: Open space which includes, but is not limited to, landscaped buffer areas required pursuant to chapter 3 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.
ORIGINAL PARCEL OF LAND: Any unplatted contiguous parcel of land held in one ownership as of November 15, 1983.
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.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any interest, legal or equitable, in the land to be subdivided.
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.
PARTIAL RETENTION OR DETENTION FACILITY: A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata, and to allow not more than an amount as designated by agreement with an adjacent drainage receiver to pass into an adjacent drainageway or drainage facility.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
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.
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.
PHOTOGRAPHIC STUDIO: An establishment for taking or developing photographs on site for a fee or compensation.
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.
PLAT: The drawing, mapping or planning of a subdivision, town site or other tract of land or a replatting of such including certifications, descriptions and approvals including the following:
1. Preliminary Plat: The first formal presentation by drawings of a proposed subdivision; and
2. Final Plat: The final and formal presentation by drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder.
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.
PREDEVELOPMENT RUNOFF: The runoff quantity that would have been produced during the design storm from the site in its original native soil condition, prior to any construction of buildings or of modified surfaces.
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, electric substations and transmission lines, wells and well houses, water treatment plants or pumping stations, sewage disposal or pumping plants, fiber optic internet housing/hut 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 utility provider, 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.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
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.
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/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.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
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 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 restauranteur or by a separate entity, and shall be allowed under the same use classification as the restaurant when operated within a restaurant.
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which includes drive-up window service for ordering food to go.
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.
RETENTION FACILITY: A constructed basin or constructed underground storage vessel built to retain all of the storm drainage it receives until it is absorbed into the soil strata.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas.
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.
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.
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: 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.
SFSL DRIVE AISLE: A right of way or common lot inclusive of an easement specific to the SFSL residential zoning district which provides vehicular access to the rear or side of a property and is primarily intended to provide access for garages and designated parking. Design and construction standards shall be the same as private alleys except as otherwise stated within subsection 11A-2-4(G) and its exhibits (Exhibits 2.2 through 2.8).
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.
STANDARD SPECIFICATIONS: The specifications as specified in this chapter or as officially adopted by the city.
STATE: The state of Idaho.
STORAGE VESSEL: An earthen basin or tank or vault structure employed to store liquid. Earthen basins used to store storm drainage may be filled with porous media (usually gravel) to attain structural stability, in which case the volume of available storage is taken as the volume of the interstitial voids of the porous media.
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.
STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the site (including rain, hail meltwater and snow meltwater).
STORY: That part of a building between the surface of a floor and the ceiling immediately above it.
STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, land, place and other such terms.
STREET, ARTERIAL: A street designated for the purpose of carrying fast and/or heavy traffic.
STREET, COLLECTOR: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
STREET, CUL-DE-SAC: A street connected to another street at one end only and provided with a turnaround space at its terminus.
STREET, DEAD END: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
STREET, FRONTAGE: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties.
STREET, MINOR: A street which has the primary purpose of providing access to abutting properties.
STREET, PRIVATE: A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in section 11A-13C-2-1 of this chapter.
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.
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.
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.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: The result of an act of dividing any lot, tract or parcel of land into two (2) or more parts for the purpose of transfer of ownership or development, which may also include the dedication of a public street. Subdivisions shall be divided into "minor subdivision" and "major subdivision", as those terms are defined in this chapter. However, this chapter shall not apply to any of the following:
1. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not increase the original number of lots in any block of the recorded plat;
2. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
3. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
4. Widening of existing streets to conform to the comprehensive plan;
5. Acquisition of street rights of way by a public agency in conformance with the comprehensive plan; and
6. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage.
SUBDIVISION, MAJOR: Any subdivision not able to qualify as a minor subdivision, including, but not limited to, subdivision of two (2) or more lots, or any size subdivision requiring any new street or extension of the local government facilities, or the creation of any public improvements.
SUBDIVISION, MINOR: Any subdivision containing not more than ten (10) lots fronting on an existing street; not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements; and not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the applicable PUMP, official map, or this chapter.
SUPER PAD/LARGE LOT: One or more lots, each at least two (2) acres in size, identified as super pad(s)/large lot(s) on a plat for grading and/or further development. Such super pad(s)/large lot(s) will be graded and will have adequate roads and utilities stubbed to such lots in preparation for replatting. Such super pad(s)/large lot(s) are not considered buildable lots until replatted as provided in article B of this chapter.
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.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
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.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater and similar facilities providing service to and used by the public.
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.
VALNOVA: A six thousand plus (6,000+) acre planned community located in the North Eagle Foothills in the city of Eagle, Idaho, which will contain a mix of residential, commercial, employment, institutional, civic, service, recreational, and open space uses and which is subject to the PADA.
VARIANCE: A modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, or other ordinance provisions 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 characteristics of the site and the variance is not in conflict with the public interest.
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.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
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.
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.
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.
ZONING PERMIT: A document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses. (Ord. 710, 1-14-2014; amd. Ord. 889, 1-10-2022; Ord. 924, 8-27-2024)