For the purpose of this title, certain words and terms are defined as follows: words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the building code shall be construed as defined herein.
ACCESSORY APARTMENT: A housing unit that is self-contained, but incorporated within an existing structure that was originally designed for a single family and will not be substantially altered.
ACCESSORY USE: A use incidental and subordinate to the principle use of the premises.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, including the keeping or raising of domestic animals and fowl, and not including any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals, feed lots, or similar uses.
ALLEY: A public thoroughfare twenty six feet (26') or less in width.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, and designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed.
AUTOMOBILE SALES LOT: Premises on which new or used passenger automobiles, trailers, mobile homes, or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
AUTOMOBILE SERVICE STATION: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles. Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor vehicle repairs.
BASEMENT: A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade.
BLOCK: The space along one side of a street between the two (2) nearest intersection streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser.
BOARDING HOUSE OR BED AND BREAKFAST: A building with not more than five (5) guest rooms where, for compensation, meals are provided for not more than fifteen (15) persons.
BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the ridge of a gable, hip, or gambrel roof.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.
BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this Title.
BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Idaho or any of its subdivisions.
CARPORT: A private garage not completely enclosed by walls or doors. For the purposes of this Title, a carport shall be subject to all of the regulations prescribed for a private garage.
CITY: The City of Franklin, Idaho.
CLERK: The City Clerk of the City.
CLUB, PRIVATE: An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests but shall not include any service, the chief activity of which is customarily carried on as a business and does not include labor union organizations or similar labor or business organizations.
COMMISSION: The Planning and Zoning Commission of the City. The Planning Commission is declared to also be the Zoning Commission of the City (Idaho Code section 50-406).
COMPREHENSIVE GENERAL PLAN: The Comprehensive General Plan for the City officially adopted by the Council as such.
CONDITIONAL USE: A use of land for which a conditional use permit is required pursuant to Chapter 7 of this Title.
COUNCIL: The City Council of the City.
DAIRY: A commercial establishment for manufacture or processing of dairy products.
DISTRICT: A portion of the area of the City of Franklin, Idaho shown on a map attached to this Zoning Ordinance and given a district name.
DORMITORIES: Any building arranged or designed for two (2) or more dwelling units and with three (3) or more sleeping rooms per unit.
DWELLING: A building or portion thereof, containing one or more dwelling units. The term "dwelling" does not include any trailer, motel, hotel, guest house, or boarding house as defined herein.
DWELLING, GROUP: Two (2) or more dwelling structures occupying the same lot and having yards and open spaces in common.
DWELLING, HIGH RISE MULTIPLE-FAMILY: A multiple-family building or portion thereof, containing two (2) or more stories and which may include off-street parking facilities and having at least one passenger elevator to serve the dwelling units.
DWELLING, MULTIPLE-FAMILY: A multiple-family building, or portion thereof, containing four (4) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family.
DWELLING, TWO- AND THREE-FAMILY: A detached building designed for and occupied exclusively by two (2) or three (3) families living independently of each other.
DWELLING UNIT: One or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate, and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
FAMILY: One or more persons related by blood, marriage, or adoption, occupying a dwelling unit and living as a single housekeeping unit, an distinguished from renter, roomers, or as a group occupying a "boarding house", lodging house, or "hotel", as herein defined.
FAMILY CHILDCARE CENTER: A home or residence where no more than six (6) children under the age of six (6) and no more than two (2) children under the age of two (2) are cared for, with or without charge or stated educational or developmental purposes, at least four (4) and less than twenty four (24) hours daily by a provider who may or may not be related to the children.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion, thereof.
FLOOR AREA, NET: The portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work room; provided, however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
FRONTAGE: All property fronting on one side of the street between intersection or intercepting streets, or between a street and a right of way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.
GRADE: A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
B. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets.
C. For building having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.
GROUP CHILDCARE CENTER: A facility or establishment separate from a home or residence in which seven (7) or more children less than fourteen (14) years of age and unrelated to the caregiver are cared for, with or without charge or stated educational or developmental purposes, at least four (4) and less than twenty four (24) hours daily.
GROUP PRESCHOOL: A facility or establishment separate from a home or residence licensed by the City of Franklin, Idaho for the care and instruction of children by an instructor who may or may not be related to the children. The group preschool is maintained for less than four (4) hours per day and less than twenty (20) hours per week for children under the age of eight (8) years. This care may be given with or without charge.
HOME OCCUPATION: Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space or activity outside the main building, not normally associated with residential use. Home occupation shall include the use of the home by a beauty shop, physician, surgeon, dentists, lawyer, clergyman, engineer, or other professional person for consultation or emergency treatment, but not for the general practice of his trade or profession. A home occupation in a multiple dwelling (2 or more units) will be considered as one of the units in determining the allowable number of units.
HOME PRESCHOOL: A home licensed by the City Of Franklin for the care and instruction of seven (7) or more by an instructor who may or may not be related to the children. The home preschool is maintained for less than four (4) hours per day and less than twenty (20) hours per week for children under the age of eight (8) years. This care may be given with or without charge.
HOME SALES: Wholesale or retail sales conducted entirely within a dwelling and carried on only by members of the family residing within the dwelling unit, wherein the sales are clearly incidental and secondary to the intended residential use of the dwelling and does not alter the character thereof and in connection with these activities there is to be neither display nor inventory. The home sales activity shall not include the use of any accessory building, yard, or activity outside the main residential dwelling. In all cases there shall be no window displays; however, a two (2) dimensional window sign with no illumination and with a maximum of three hundred (300) square inches may be used as per Chapter 8 of this Title with all other signs being prohibited. Noise levels and required parking must not be in excess of those intended for the residential zone in which the permit for home sales is issued.
HOTEL: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries.
JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
JUNKYARD: Any yard, establishment or business maintained, used or operated for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage and sanitary fills.
KENNEL: Any lot or premises or portion thereof, 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.
LIVESTOCK FEEDYARD: A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale, etc.
LOADING AND UNLOADING SPACE, OFF-STREET: An open off-street area of land other than a street or public way the principal use of which is for the standing, loading and unloading from motor vehicles, tractors, and trailers to avoid undue interference with public streets and alleys.
LOT: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this Title and having frontage upon a street. Except for group dwellings, not more than one dwelling structure shall occupy any one lot.
LOT, CORNER: A lot abutting on two (2) intersections or intercepting street, where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
LOT INTRA BLOCK: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this Title and not having frontage on a public street, but having access to a public street.
LOT LINE: The boundary property line encompassing a lot.
Front Lot Line: The boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line.
Interior Lot Line: A side line in common with another lot.
Rear Lot Line: The lot line most nearly parallel to and most remote from the front property line.
Side Lot Line: All other lot lines are side lot lines.
LOT, WIDTH: The horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.
MANUFACTURED HOUSE: A manufactured house is a structure transportable in one or more modules which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation and footings when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The manufactured home shall be attached permanently to an approved foundation and footings. Units which are not manufactured after June 1976 or stamped approved by HUD (National Manufactured Home Construction and Safety Standards Act of 1974) shall not be considered a "manufactured home" as defined herein.
For clarification, this definition excludes "Mobile Home" as defined immediately below, (Trailer, Mobile Home or Camper) which are permitted in mobile home parks as defined below under "Mobile Home Park". Also excluded are other types of manufactured housing often referred to as factory built or modular units.
MOBILE HOME: A vehicle or structure constructed with wheels for transportation or use on public streets or highways and which may have sleeping, cooking and plumbing facilities and intended for human occupancy as a residence or as an office or business building.
MOBILE HOME PARK: Any area or tract of land upon which four (4) or more mobile homes or trailer coaches are parked for living and/or sleeping purposes, such premises set apart for the purpose of supplying to the public parking space for such mobile homes for sleeping purposes. "Mobile home park" shall be deemed to be synonymous with trailer court or camp or such other names as may be used in connection with the use as defined herein.
MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the use of occupancy of one mobile home.
MOBILE HOME STAND: That portion of a mobile home space designed for the location of a mobile home and all accessory structures, cabanas, etc. or other add-on enclosed space at least ten feet (10') feet wide and forty five feet (45') long.
MODULAR HOME: A home constructed in units designed to satisfy all provisions in the Uniform Building Code. Such units are similar to site-built structures in design and construction, except that they would be modular in design to facilitate their transportation. These units would be considered as prefabricated construction regulated by chapter 50 of The Uniform Building Code, and for this reason are not included within the scope of this definition.
MOTEL: A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies, or washes which are natural drainage channels as determined by the Building Inspector or maintenance supervisor, in which areas no buildings shall be constructed.
NONCONFORMING BUILDINGS OR STRUCTURE: A building or structure or portion thereof, lawfully existing at the time this Title became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
NONCONFORMING LOT: A lot existing at the time this Title became effective which does not conform to all square footage or frontage regulations herein prescribed in the zone in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time this Title became effective and which does not conform with the use regulations of the zone in which it is located.
NURSING HOME: An institution providing residence and care for the aged or infirm.
PARKING LOT: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE: Space within a building, lot or parking lot with minimum dimensions of nine feet by twenty feet (9' x 20') for the parking or storage of one automobile.
RESTRICTED LOT: A parcel of land severed or placed in separate ownership after adoption and publication hereof, and which does not meet all area, width, yard and other requirements of this Title for a lot, or a parcel of land which does meet all the requirements of this Title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard or coverage requirements.
RETIREMENT CENTER: Housing complex intended for use by the elderly or those of retirement age only. Building may be single or multiple story with individual units which may be attached or detached. The complex should be independently owned and shall be comprised of separate, totally self-contained rented housing units. Facilities for laundry services, storage, and recreation may also be available.
ROOMER: One who occupies a hired room in another's house.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this Title, or by definition on a recorded subdivision map.
SIGN: Any device used for visual communication to the general public but not including any flag, badge, or ensign of any governmental agency.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLIC: A stable other than a private stable.
STORY: The space within a building included between the surface of any floor and the surface of the ceiling next above.
STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREET: A public thoroughfare which affords principal means of access to abutting property, and is more than twenty six feet (26') wide.
STRUCTURAL ALTERATIONS: Any change in supporting members of a building, such as bearing walls, columns, beams, or girders.
STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.
TAVERN OR LOUNGE: Building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TRAVEL OR CAMPER TRAILER: Any living unit designed for short term occupancy, designed for living, eating, working and sleeping either self-propelled or capable of being hauled by auto or truck, generally considered to be for purposes of recreation and sport.
TRAVEL OR CAMPER TRAILER PARK: Any area, tract, plat, or site of land, whereupon campers or travel trailers are placed, located or maintained for temporary dwelling purposes on semipermanent, short term basis and for which a fee, rental or contract for payment for such use is collected by or collectable by the person holding the land.
VETERINARY OR ANIMAL HOSPITAL: A building and runs where both large and small animals are kept and/or treated by a licensed veterinarian.
WIDTH OF LOT: The horizontal distance between the side lot lines, measured at the required front yard setback line.
YARD: A space on a lot unoccupied and obstructed from the ground upward, by buildings, except as otherwise provided herein.
YARD, FRONT: A space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot line, and extending across the full width of the lot.
YARD, REAR: A space on the same lot with a building, between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot.
YARD, SIDE: A space on the same lot with a building, between the side line of the building (exclusive of steps or open stairways) and the side line of the lot and extending from the front yard line to the rear yard line.
ZONE: Synonymous with the term "district" as defined in this section. (Ord. 1998-1, 7-17-1998; amd. 1999 Code)