11B-1-5: DEFINITIONS:

   A.   For the purpose of this Title, certain terms or words used herein shall be interpreted as follows:

      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 "day" as it relates to the computation of time means calendar days and if time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or Holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or Holiday observed by the City. References to days are calendar days unless otherwise stated.

   B.   The following words and terms, when used in this Title, shall have the meanings ascribed to them in this Section:

ACCESSORY DWELLING UNIT:	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 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 require a zoning permit and approval by the Avimor Design Review Committee when modified or developed separately from the principal dwelling. Accessory dwellings shall not count towards the maximum densities as specified in this Title and the Avimor Development Agreement.
ACCESSORY USE OR STRUCTURE:	A use or structure on the same Lot with, and of a nature customarily incidental and subordinate to, the Principal Use or structure. 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, guard houses, storage sheds, Outdoor Storage structures, workshops, greenhouses, microwave and satellite dish Antennas, and similar uses and structures, but do not include Accessory Dwelling Units. Accessory Uses shall require a zoning permit and approval by the Avimor Design Review Committee when modified or developed separately from the Principal Use.
ADMINISTRATOR:	An official having knowledge in the principles and practices of zoning who is appointed by the mayor, with the consent of the Council, to administer this Title. Duties and obligations of the Administrator may be delegated by the Administrator to a qualified designee.
ADULT BUSINESS:	Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities.
AGGREGATE PROCESSING, ASPHALT, AND CONCRETE BATCH 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 CAFO's as defined by City Code or Idaho State law.
ALLEY:	A public right of way or private 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 loaded garages.
ALL-WEATHER MATERIAL:	Hard Surface or Natural Surface as defined in this Chapter.
ANIMAL DAYCARE:	A Lot or Building where five or more dogs, cats, and other household domestic animals are maintained, harbored, or cared for on a daily basis, not to include overnight stays.
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.
ART GALLERY:	An establishment for the display and/or retail sale of artwork and may include studio facilities for creation of artistic works.
AUTO BODY SHOP:	A facility for automobile collision service, repair and painting.
AUTO GAS STATION:	Buildings 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 AND RECREATIONAL VEHICLE SALES:	The sale or rental of new and used motor vehicles, motor homes, and travel trailers, but not including repair work, except incidental warranty repair of same, to be displayed and sold on the premises.
AUTO REPAIR AND SERVICE SHOP (MAJOR):	A facility for the repair, rebuilding or reconditioning of motor vehicles or parts thereof, but excluding collision service, painting and steam cleaning of vehicles. The term includes a facility which performs any repairs to vehicles of any size, include those with a gross vehicle weight over 10,000 pounds.
AUTO REPAIR AND SERVICE SHOP (MINOR):	A facility for the performance of minor repairs and service on vehicles of 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 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.
AVIMOR:	A planned development that will contain a mix of residential, commercial, employment, institutional, civic, service, recreational, and Open Space uses within the Avimor Planned Development Zoning District and subject to this Title.
AVIMOR CONSERVATION DIRECTOR:	The individual responsible for the management of the Avimor Habitat Management Plan.
AVIMOR DESIGN REVIEW COMMITTEE:	A committee established by the Master Developer to review and approve all development, Building and site improvement proposals consistent with the Avimor Design Guidelines incorporated in Chapter 3 of this Title.
AVIMOR DESIGN GUIDELINES:	A document that shows, through the use of figures, photographs, and text, specific period architectural styles, themes, and elements envisioned within Avimor and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR DEVELOPMENT AGREEMENT:	That certain Development Agreement between the City and Owner, as may be amended from time to time.
AVIMOR GRADING GUIDELINES AND HILLSIDE DEVELOPMENT STANDARDS:	That certain Avimor Grading Guidelines and Hillside Development Standards on file with the City, as approved by the City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR HABITAT MANAGEMENT PLAN:	That certain "Habitat Management Plan" on file with the City, as approved by the City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR MASTER DRAINAGE PLAN:	That certain "Master Drainage Report" on file with the City, as approved by the City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR MASTER WASTEWATER PLAN:	That certain "Master Wastewater Report" on file with the City, as approved by the City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR MASTER WATER AND PRESSURE IRRIGATION SYSTEM PLAN:	That certain "Municipal Water and Pressurized Irrigation System Master Plan- Avimor Development" on file with the City, as approved by the City and as may be amended from time to time pursuant to the Avimor Development Agreement.
AVIMOR WATER RECLAMATION COMPANY:	The entity that owns and operates the sewer treatment, irrigation and reuse water facilities that serve Avimor.
BANK / FINANCIAL INSTITUTION:	An establishment that provides retail banking services to individuals and businesses and may include Drive-Thru services. This classification does not include businesses offering Check-Cashing facilities.
BAR / PUB / NIGHTCLUB:	An establishment for which a license under Title 3, Chapter 2, Article A, B, and/or C of City Code is required and the principal business of which is the sale and consumption of alcoholic beverages to be consumed on the premises and where food may be available for consumption.
BED AND BREAKFAST FACILITY:	An owner-occupied facility providing overnight accommodations and breakfast food service to guests for compensation, with no more than twelve (12) guests at any one time. No cooking shall be allowed in guestrooms and only breakfast food shall be provided to guests. Bath facilities shall be shared by no more than two (2) guestrooms.
BREWERY:	An establishment for the manufacture of lager and ale; the use includes microbreweries. A brewery may include, but is not limited to, the following: tasting rooms, barrel rooms, bottling rooms, tank rooms, laboratories, processing structures, and offices.
BOISE COUNTY PHASE 1 AREA:	An area within the Master Land Use Map that is already approved for subdivision platting by Boise County, Idaho, which area is depicted on the Boise County Phase 1 Subdivision Land Use Map in Chapter 3B of this Title.
BOISE COUNTY PHASE 1 SUBDIVISION LAND USE MAP:	The Subdivision Land Use Map for the Boise County Phase 1 Area in Chapter 3B of this Title, which designates the approved Sub-Use Districts within the Boise County Phase 1 Area.
BUILDING:	Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING ENVELOPE:	The portion of each property or Lot within which all improvements are built including, but not limited to, structures, fences, flatwork, and swimming pools, but excluding landscaping and driveways. On Lots over one (1) acre, fencing may be located outside of the Building Envelope to contain animals, such as horses.
BUILDING MATERIALS / LUMBER YARD:	A facility for the storage, distribution, and sale of home, lawn and garden supplies and construction materials such as brick, block, masonry, lumber and other similar materials.
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.
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.
CHECK-CASHING:	Cashing a check for consideration or extending a deferred deposit loan but does not restrict the activities of depository institutions or persons who cash a check in a transaction that is incidental to the retail sale of goods or services for consideration that does not exceed the greater of one percent of the amount of the check or one dollar.
CHILDCARE FACILITY:	Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b) occasional personal guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a Childcare Facility.There are three (3) types of childcare facilities:1.   Family daycare home: A Childcare Facility for six (6) or fewer children. Babysitting services are an Accessory Use to residential uses;2.   Group daycare facility: A Childcare Facility for seven (7) to twelve (12) children; and3.   Daycare center: A Childcare Facility for thirteen (13) or more children.
CHURCH / PLACE OF RELIGIOUS ASSEMBLY:	An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code Section 63-602B.
CIRCUS AND CARNIVAL:	Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities, which may be conducted outdoors, or in a tent or other temporary structure for a maximum of seven (7) days. This classification excludes events conducted in a permanent Entertainment Facility.
CITY:	The City of Eagle, Idaho.
CITY CODE:	The municipal code of the City of Eagle.
CLINIC:	A Building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons or those who are in need of medical and surgical attention, but which Building does not provide board, room or regular Hospital care. A Clinic includes urgent care facilities.
CIVIC USES:	Publicly or privately owned and managed facilities for meetings, conventions and other community, public safety, and multi-purpose uses. Typical uses include Community Centers, governmental offices and public safety facilities.
CLUB OR LODGE:	A Building or portion thereof or premises owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests, but not including any organization, group or association the principal activity of which is to render a service usually and ordinarily carried on as a business.
COLLOCATION:	The use of a single Tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an Antenna to a preexisting structure.
COMMISSION:	The zoning, planning and zoning, joint zoning or joint planning and zoning commission with individuals appointed by the mayor and confirmed by the Council.
COMMON AREA:	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 such as a Community Center, play ground area, community mail boxes, and tennis courts.
COMMUNITY ASSOCIATION BUILDING/FACILITY:	A community room, clubhouse, recreation center or similar area for use by residents or a residential development.
COMMUNITY GARDEN:	A piece of land gardened or cultivated by a group of people individually or collectively.
COMMUNITY INFORMATION CENTER:	A facility that provides information about Avimor to the public and prospective residents or buyers and may include a Sales Office.
COMPREHENSIVE PLAN:	The City of Eagle 2017 Comprehensive Plan adopted pursuant to Resolution No. 17-24 in accordance with Idaho Code Section 67-6508.
CONSTRUCTION OFFICE, TEMPORARY:	A mobile home, travel trailer, truck trailer, and/or other structure used as a temporary office in conjunction with a construction project.
CONSTRUCTION YARD, TEMPORARY:	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 an auto gas station. Such establishment is typically open between six (6) a.m. and eleven (11) p.m. An establishment that is open before six (6) a.m. or after eleven (11) p.m. is subject to a conditional use permit. If the establishment is located in a Highway Mixed Use Zone, then no permits are required to operate outside of the before-mentioned times.
COUNCIL:	The City Council of the City of Eagle.
DARK SKY:	Denoting or located in a place where the darkness of the night sky is relatively free of interference from artificial light.
DENSITY, GROSS:	The number of Dwelling Units per acre of total land to be developed including public right of way, private streets, and Common Area Open Space; excluding Floodway.
DENSITY, NET:	The number of Dwelling Units per acre of land to be developed including only the land devoted to residential uses, excluding public right of way, private streets, Common Area Open Space, and Floodway.
DENSITY, PROJECT:	The total maximum gross residential density for Avimor (residential Units per gross acre) is 0.5 Dwelling Units per gross acre.
DEVELOPMENT PLANS:	Collectively, the Avimor Grading Guidelines and Hillside Development Standards, the Avimor Habitat Management Plan, the Avimor Master Wastewater Plan, the Avimor Master Drainage Report, the Avimor Master Water and Pressurized Irrigation System Plan, the Avimor Design Guidelines, the Master Land Use Map, and the Open Space Plan.
DRIVE-THRU:	An establishment that by design, physical facilities, service, or method of sale encourages or permits customers to receive services or obtain goods while remaining in their vehicles. The term "Drive-Thru" 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 / LAUNDROMAT:	A business that provides laundry or dry-cleaning services or facilities for clothing and other fabric articles and may include Drive-Thru service. Dry cleaning and Laundromat plant operations shall be located off-site.
DWELLING, MULTI-FAMILY:	A Building consisting of two (2) or more attached Dwelling Units where all such Units are located on the same Lot with varying arrangements of entrances and party walls, including Units that are located one over the other.
DWELLING, SINGLE-FAMILY ATTACHED:	A Building consisting of two (2) or more Dwelling Units attached to one another by a party wall, with each dwelling located on a separate Lot and having its own address and water meter. An Accessory Dwelling Unit attached to a single-family detached dwelling does not create a single-family attached dwelling.
DWELLING, SINGLE-FAMILY DETACHED:	A Building on a single Lot consisting of one Dwelling Unit, which is not attached to any other Dwelling Unit, other than an Accessory Dwelling Unit.
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:	Occurrence or imminent threat of a disaster or condition threatening life of property that requires immediate action to save lives and protect property or to avert or lessen the threat of a disaster.
EMERGENCY SERVICES:	Provisions of Emergency medical care transportation, fire protection and police protection, including incidental storage and maintenance 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), game courts, movie theaters, concert halls, amphitheaters, 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, corrals, 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 designated with the preliminary plat 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.
EVENT CENTER:	An exhibition hall, conference center, convention center, civic center, performing arts center, or other large public Building, typically offering enough Floor Area to accommodate hundreds to thousands of attendees. Can also include outdoor Open Space to host public social events, corporate conferences, industry trade shows, entertainment spectacles, conventions, and concerts for the surrounding municipal and/or metropolitan areas.
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 outdoors, held periodically or on a recurring basis, where farmers and other vendors sell fresh agricultural products and similar merchandise directly to the public. It may provide arts and crafts booths accessory to the produce and plant life booths. 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.
FIRE ESCAPE:	A kind of Emergency exit to provide escape in the event of a fire. These are usually mounted to the exterior of a building. However, occasionally may be located in the interior of the Building.
FIVE-YEAR PLAN:	A conceptual plan prepared by the Master Developer pursuant to the Avimor Development Agreement depicting and summarizing Master Developer's anticipated development plans for the ensuing five year period that includes: (i) areas to be graded, (ii) major utility and roadway improvements, (iii) areas to be platted; (iv) anticipated Land Use District and Land Use SubDistrict designations for areas to be platted; (v) approximate number of residential units to be constructed; and (vi) anticipated commercial development.
FLEX SPACE:	A space within a Building for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. Loading docks shall be at the rear of the structure, and loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer use. Examples include, but are not limited to, supply storage, computer server area, 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. The Gross Floor Area ratio of each Building used as "Flex Space" shall be a maximum of thirty thousand (30,000) s.f. Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. This use is not intended to permit Warehousing or Manufacturing that has high levels of truck activity.
FLOOR AREA:	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)/ (gross 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, atriums Porches or balconies, covered Porches, patios and balconies enclosed on not more than two 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 COURSE AND RELATED SERVICES:	A tract of land laid out for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GROSS ACRES:	The total acres that are included in a preliminary plat.
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; and3.   Exterior balconies.
HARDSCAPE:	Hard surfaces such as sidewalks, pavers, patios, courtyards, and planters consisting of concrete, tile, stone, brick and other similar man-made materials used in lieu of, or in conjunction with, landscape.
HARD SURFACE:	Refers to Tread materials such as concrete, asphalt, pavers, and rigid permeable composites.
HEALTH CLUB:	An establishment 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.
HOME OCCUPATION:	An Accessory Use of a Dwelling Unit and property that is:1.   Used for gainful employment or commercial purposes that involves the provision, assembly, processing or sale of goods and/or services; and is2.   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; but3.   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, emergency care and administrative services for patients and employees. The term Hospital does not include Convalescent, Nursing or boarding homes and does not include institutions devoted to the care of the mentally ill or drug or alcohol addicted.
HOTEL AND 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 non-residential use and are thus not considered residential Dwelling Units within the context of any Density calculations or allowable densities set forth in this Title and the Avimor Development Agreement.
JUNKYARD:	An 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 lumberyards and places where such uses are conducted entirely within a completely enclosed Building, or salvaged materials incidental to Manufacturing operations.
KENNEL AND PET SHOP:	(For hobby, commercial or boarding purposes): Any Lot or premises or portion on which five (5) 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) s.f providing photographic, analytical, or testing services.
LAND USE DISTRICT:	Areas within the Avimor Planned Development Zoning District, designated with each preliminary plat, including: (1) Village Center; (2) Mixed Use/Commercial; (3) Village Residential; (4) Foothills Residential; (5) Village One and (6) Open Space. See also, Sub-Use District definition.
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 City Code and Idaho Code.
LIVE/WORK:	A Dwelling Unit that contains a commercial component anywhere in the Unit that may accommodate employees and walk-in-trade.
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.
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.
LOCAL HIGHWAY DEPARTMENT:	The applicable highway authority.
LOT:	A Parcel, plot, Unit, 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.
LOT COVERAGE:	The size of the footprint(s) of a Building(s) and/or structure(s) on a Lot divided by the size of the Parcel, expressed as a decimal number. The Lot Coverage is used in calculating the intensity of use of a Parcel for a development project.
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.
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 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.
MANUFACTURING, LIGHT:	Industrial uses that 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:	Avimor Development, LLC, an Idaho limited liability company, and all its successors in title and interest.
MASTER LAND USE MAP:	That certain land use map for Avimor on file with the City, as approved by the City and as may be amended from time to time pursuant to this Title.
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.
NATIVE SURFACE:	Refers to Tread materials made from soil, aggregate, and rock found within close proximity of the finished path.
NATURAL SURFACE:	Refers to Tread materials made of stone and other natural materials that have been engineered for specific applications such as gravel, road mix, decomposed granite and a crusher fines.
NON-DWELLING UNIT:	A structure, Building or portion thereof that is not intended for human habitation.
NURSERY / SOD FARM, RETAIL:	Land, Building or combination thereof for the storage, cultivation, and transplanting of live trees, shrubs, plants or sod offered for retail sale to the general public on the premises including products used for gardening or landscaping.
NURSERY / SOD FARM, WHOLESALE:	Land, Building or a combination thereof for the storage, cultivation, transplanting of live trees, shrubs, plants or sod 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, 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 bank/financial institution.
OIL AND GAS:	Means Oil and Gas or both. "Oil and gas" refers to not only to Oil and Gas in combination with each other but also generally to oil, gas, casinghead gas, gas-distillate or other hydrocarbons, or any combination of combinations thereof, which may be found in or produced from a common source or supply of oil, Oil and Gas, or gas-distillate.
OPEN SPACE:	Land within the development that is designated and intended for active and passive recreation, for residents and/or public enjoyment.
DEVELOPED OPEN SPACE:	Open Space that consists of irrigated open space. These areas mostly consist of lawns, shrubs, and planted vegetation.
NATURAL OPEN SPACE:	Open Space that is undeveloped land, preserved in its natural state.
REGIONAL OPEN SPACE:	Open Space that consists of parks and green spaces for use by the public.
COMMUNITY OPEN SPACE:	Open Space, including developed and Natural Open Space, for the use of Avimor residents only.
OPEN SPACE PLAN:	That certain open space map for Avimor on file with the City, as approved by the City and as may be amended from time to time pursuant to this Title.
OPEN VIEW FENCE:	A fence constructed of metal pickets or other approved material that allows full or partial viewing through the fence.
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 for the purpose of managing and operating common areas and facilities within Avimor for the use of its members through assessments of its members, which may include the Avimor Residential Community Association and the Avimor Commercial Properties Association.
PARCEL:	A designated tract or area of land which is unplatted or as otherwise permitted by law, to be used, developed or built upon as a Unit.
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 an automobile 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. Off Street Parking Spaces are allowed to count towards the parking requirements of a specific use.
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 towards the parking requirements of multi-family dwellings and commercial uses.
PATHWAYS AND TRAILS:	Are areas improved to create non-motorized routes, loops and courses. For the purpose of this Title these terms are, in most cases, interchangeable.
PAWN SHOP:	An establishment engaged in the buying or selling of merchandise, including minimal numbers of used autos, and offering loans secured by personal property. This definition does not include the sale of new autos unless the business is in conjunction with and on the premises of a new auto dealership.
PERFORMANCE BOND OR SURETY BOND:	A financial guarantee by a subdivider or developer with the City in the amount of the estimated construction cost guaranteeing the completion of physical improvements, according to plans and specifications within the time prescribed by the agreement.
PERSONAL SERVICE:	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, day spa, massage therapy, dog groomers without a Kennel, and similar activities.
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.
PUMP STATION:	Portable, non-potable, domestic water system, non-potable irrigation system, wastewater pumps, and sewer reuse and collection systems that are used to serve the project.
RADIO AND TELEVISION BROADCAST STATION:	A facility used to transmit television and radio signals and shows/programs.
RECREATION / COMMUNITY CENTER:	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 YMCA's, 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.
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 non-residential uses and are thus not considered residential Dwelling Units within the context of any Density calculations or allowable densities set forth in this Title and the Avimor Development Agreement.
RESTAURANT:	Any land, building or part thereof, other than a Bed And Breakfast Facility, where meals are provided for compensation, including, among others, such uses as café, cafeteria, coffee shop, lunchroom, tearoom and dining room. Breweries are allowed within restaurants, whether operated by the restaurateur or by a separate entity, and shall be allowed under the same use classification as the restaurant when operated within a restaurant. .
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, bicycles, kitchen utensils, hardware, appliances, artwork, art supplies and services, antiques, collectibles, paint and wallpaper, carpeting and floor coverings, Office supplies, 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.
RODEO:	A public performance featuring bronco riding, calf roping, steer wrestling, bull riding or similar activities.
SALES OFFICE/TRAILER, 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.
SEASONAL SALE:	A one-time, temporary sale that is conducted for less than thirty (30) days customarily prior to or in conjunction with a specific holiday and or seasonal event.
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 or post high school certifications or licenses.
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 on a Lot or parcel to a property line required to be left open and unoccupied by Buildings. Improvements such as sidewalks, driveways, Parking Lots, walkways, Access Roads, Hardscape and walls are allowed to be located within Setbacks.
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 thousand (300,000) s.f 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 and fifty (150,000) s.f 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.
SHOOTING RANGE/GUN CLUB (INDOOR):	A fully enclosed and secure facility designed and operated for the use of pistols, rifles, shotguns and any other similar firearm. May include ancillary retail use for sale of merchandise, guns, ammunition, etc. This facility shall be designed to contain all projectiles fired within a portion of the structure and meet all applicable state and federal laws.
SHOOTING RANGE/GUN CLUB (OUTDOOR):	An area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting. In the case of shotgun sports utilizing portable target throwers and shooting positions, the range area shall be deemed to encompass the entire parcel of real property whereupon shooting activities may be safely conducted, provided that shortfall occurs entirely upon the property of the person owning or controlling the range.
SIGN:	Any display or device consisting of attached or painted letters, symbols or designs, and is intended to communicate business identification, advertisement, announcement, direction or other message or attract, distract, hold, direct or focus attention.
SITE DRIVEWAY AND ACCESS ROAD:	Facilities that are typically privately owned and maintained, do not conform with public street design standards and 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, lighting standards, and other such furnishings.
SPECIAL CARE FACILITY:	A facility used exclusively for one or more of the following: (a) the treatment of alcohol or drug dependency; (b) 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 over fifty (50) participants 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, bikeathons, parades, and fairs. Special Events may occur on public or private property.
SPECIAL EVENT (AVIMOR):	An event or happening organized by the Master Developer or the Owner's Association that will generate or invite participants and/or spectators from Avimor or spectators from the general public, 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, bikeathons, parades, and fairs. Special Events may occur on public or private property.
SPORTING EVENT:	An event often held over multiple days, featuring competition in many different sports among organized teams of athletes or professionals.
STREETSCAPE:	All of the plant material, walkways, walls, community monumentation and street furnishing adjacent to a roadway that establish the visual character of the street.
SUB-AREA PLAN (SAP):	A conceptual land use plan for a sub-area of the Master Land Use Map to provide development guidance by identifying: (i) the anticipated location and size of Sub-Use Districts for future development; (ii) general development sequencing; (iii) significant natural features and slopes greater than twenty-five percent; (iv) anticipated locations for regional or community facilities; and (v) the anticipated location of regional pathways and arterial street and collector streets for regional planning, design, and infrastructure continuity.
SUBDIVISION LAND USE MAP:	A map submitted by a subdivider in connection with a preliminary plat application finally designating the specific Sub-Use Districts within the area being platted.
SUBSTANTIAL CONFORMANCE:	A proposed Final Plat shall be deemed to be in Substantial Conformance with an approved Preliminary Plat if the number of buildable Lots proposed in the Final Plat is within twenty percent (20%), plus or minus, of the approved Preliminary Plat and there is a twenty-five percent (25%) or less deviation in dimensional standards as shown on the approved Preliminary Plat. This definition of Substantial Conformance should be interpreted to provide flexibility in Final Plat design standards.
SUPER PAD:	One (1) or more Lots identified as "Super Pad(s)" on a plat for grading and/or further development. Such Super Pad(s) will be graded and will have adequate roads and utilities stubbed to such Lots in preparation for replatting. Such Super Pad(s) are not considered buildable Lots until replatted as provided in this Title.
SUB-USE DISTRICT:	A specific use district designated within each Land Use District where certain land uses are allowed, conditionally allowed, or prohibited and specific development standards are provided. The Sub-Use Districts are: (1) Rural Residential; (2) Estate Residential; (3) Single-Family Detached 1 (SF1); (4) Single-Family Detached 2 (SF2); (5) Single-Family Detached 3 (SF3); (6) Single-Family Zero Lot Line (SFZL); (7) Single-Family Special Lot (SFSL); (8) Single-Family Attached (SFA); (9) Low Density Multi-Family (MF1); (10) Medium Density Multi-Family (MF2); (11) High Density MultiFamily (MF3) (12) Village Commercial (VCOM); (13) Mixed Use (MU); (14) Highway Mixed Use (HMU); (15) Neighborhood Commercial (NC); (16) Community Commercial (CC); (17) Reserve (RE); (18) Cottage (CO); (19) Phase 1 Mixed Use (P1MU); (20) Community Services (CS); (21) Community Open Space (COS); and Regional Open Space (ROS). Table 2.2 of this Title identifies which Sub-Use Districts are allowed in each Land Use District.
TITLE:	Title 11B of the City Code.
TOWER:	Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a "height", as defined in this Title, 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.
TREAD:	The finished usable surface of a pathway or trail.
UNIT:	A residence that provides a space for occupants making up a household to live and eat. Each Unit shall count towards the maximum Density as specified in this Title and the Avimor Development Agreement.
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, guard houses, 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, and shall not count towards the overall Project Density.
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 BUILDINGS 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 HOSPITAL / CLINIC:	A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical 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 incidental to the primary activity.
VIEW WALL:	A security or privacy screen that is part solid wall and part view fence.
VILLAGE ONE DISTRICT:	The Village One District is one of the Land Use District within the Avimor Planned Development Zoning District. The area within the Village One District is specifically depicted on the Master Land Use Map. Because the Village One District is largely already developed, the Sub-Use Districts within the Village One District are specifically identified on the Village One Land Use Map.
VILLAGE ONE LAND USE MAP:	The Village One Land Use Map is included as Figure 3A.1 in Chapter 3A of this Title and designates the specific Sub-Use Districts within the Village One District.
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.
WAREHOUSING, STORAGE AND MINISTORAGE:	Provision of storage space for household or commercial goods within an enclosed Building with direct public access to individual storage spaces. Vehicle storage must be treated as Outdoor Storage.
WASTEWATER TREATMENT AND WATER STORAGE FACILITY:	Treatment facility owned and operated by the Avimor Water Reclamation Company.
WHOLESALING, DISTRIBUTION AND STORAGE:	Storage and distribution facilities without direct public access for merchandise to retailers, 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 facility, often unstaffed, 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:	The location of a Building on a Lot in such a manner that one or more Building sides have no (zero) Setback (or yard requirements) and rest directly on a side, rear, or front Lot line. (Ord. 895, 4-25-2023)