ACCESSORY USE OR STRUCTURE: An activity or detached building on the same tract, parcel or lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ACREAGE: Any tract or parcel of land which has not been subdivided.
ADULT ENTERTAINMENT: Any modeling, posing, exhibition, display or exposure of any type, whether through books, pictures, film, displays, live performance, dance or modeling, which has as its dominant theme, or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas, or the removal of articles of clothing or appearing nude or seminude.
AGRICULTURE AND AGRICULTURAL PURPOSES: Activities that take place on a farm, including, but not limited to, growing cultivated crops (e.g., grazing crop, pasture crop, horticulture, floriculture, viticulture, fruit trees, berry bushes), raising domestic livestock and aquaculture.
AIR BED & BREAKFAST: A dwelling, not owner occupied, providing overnight accommodations with a kitchen that permits use by the occupants on a daily, weekly, or monthly basis.
AIRPORT: Any runway, land area or other facility designed or used, either publicly or privately, by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
ALLEY: A street or way shown on the official plat of the City or its additions and designated thereon as an alley.
ALTERNATIVE COMPLIANCE: An administrative determination that a specific application achieves or exceeds specific requirements as set forth in this title. Consideration of alternative compliance is limited in circumstances as identified in this title.
APARTMENT: A room or suite of rooms in a multi-family structure which is arranged, designated, used or intended to be used as a housekeeping unit for a single family.
AREA, BUILDABLE: The space within the setback lines remaining on a lot, parcel or tract after the minimum open space requirements of this title have been complied with.
AREA, MINIMUM LOT: The minimum area, which is allowed within the property lines of the lot, excluding adjoining streets or rights-of-way.
AUTOMOBILE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment repair or parts thereof, including collision service and painting and steam cleaning of vehicles.
AWNING: A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection or as decoration.
BASEMENT: That portion of a dwelling unit all or partly underground and having at least one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST: An owner occupied dwelling providing overnight accommodations and breakfast food and housekeeping service for no more than ten (10) occupants, including the owner and owner’s family.
BILLBOARD: Any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or a sign advertising the sale or lease of the premises on which the sign is located.
BOND, PERFORMANCE OR SURETY: A financial guarantee by a third party on behalf of a subdivider or developer with the city guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property of any kind.
BUILDING, ASSEMBLY: A building or portion thereof designated and used for the gathering together of fifty (50) or more persons for such purposes as deliberation, worship, entertainment, amusement or transportation.
BUILDING, HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and the top of building walls for gable, hip and gambrel roofs.
BUILDING PERMIT: A permit issued by the city authorizing construction of a structure.
CARPORT: A structure attached to or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the sheltering of licensed and operable motor vehicles. For detached carports, see definition of Accessory Use Or Structure.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.
CERTIFICATE OF OCCUPANCY: A permit issued by the zoning administrator and building official, which certifies that based upon the information provided to the city, a structure is complete and ready to be used for the purpose indicated in the original application for a building permit.
CITY COUNCIL: The city council of Fruitland, Idaho.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and 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 social, literary, political, educational or recreational purposes, primarily for the exclusive use of members and their guests; but not including an organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
COMPREHENSIVE PLAN: The document, or any portion thereof, adopted by the city council as the comprehensive plan pursuant to Idaho Code title 67, chapter 65.
CONDITIONAL USE: A special use permitted within a district, requiring a permit and approval of the planning and zoning commission and as regulated by chapter 10 of this title.
COUNTY RECORDER: The office of the county recorder.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.
COVENANTS: A written promise or pledge for a set of restrictions which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of all affected landowners. The city does not enforce such covenants.
CUL-DE-SAC: A dead end street provided with turnaround space at its terminus.
CURB GRADE: The established elevation of the curb measured at the center of the front of the building. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this title.
DAYCARE CENTER: A place or facility providing daycare for thirteen (13) or more children for compensation.
DAYCARE, GROUP FACILITY: A home, place or facility providing daycare for seven (7) to twelve (12) children for compensation.
DAYCARE, IN HOME: A home, place or facility providing daycare for six (6) or fewer children for compensation.
DENSITY, GROSS: The total number of dwelling units within a development divided by the total area and expressed in dwelling units per acre. Should that number be a fraction, it shall be rounded down to the nearest whole number.
DENSITY, NET: The total number of dwelling units within a development divided by the residential area (excluding roads and required open space) and expressed in dwelling units per acre. Should that number be a fraction, it shall be rounded down to the nearest whole number.
DESIGN REVIEW COMMITTEE: A group of design professionals selected by the city shall convene to offer recommendations to the zoning administrator on administrative design review matters. The design review committee shall meet as needed by the zoning administrator.
DEVELOPMENT AGREEMENT: A written commitment or contract which binds an owner or developer of property which is subject to an annexation or development request, to a certain course of action when developing that parcel of property. (A condition of zone designation or change.)
DIVIDE OR DIVISION: Any partition of a parcel of real property, whether by deed, mortgage, deed of trust, sales agreement, will, trust, court order or decree, or otherwise.
DWELLING: Any structure or portion thereof providing independent living facilities for one "family", as defined in this section, including provisions for living, sleeping, cooking and sanitation.
EASEMENT: A right, privilege, service or convenience, possessed by one person, either through agreement or through condemnation, to use for a specified purpose on a designated portion of a property owner's land.
ENTERTAINMENT FACILITY: An establishment that offers activities or events for amusement, such as theaters or arcades, and where the selling of food or other items is incidental to the principal use.
FAMILY: Two (2) or more persons related by consanguinity or affinity to the first degree.
FENCE: An enclosure or barrier constructed of wood, masonry, stone, wire, metal, plastic or other manufactured materials used to enclose, screen or separate areas. Walls, latticework and screens are considered fences.
FENCE, CLOSED VISION: A fence that does restrict or impede vision or sight through the fence by more than twenty percent (20%).
FENCE, NONSCALABLE: A fence erected as a barrier to unauthorized access by persons or vehicles, usually six feet (6') in height and often made of wrought iron or woven wire.
FENCE, OPEN VISION: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%).
FENCE, SOLID: A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.
FLOODPLAIN: See section 11-1-2 of this code.
GARAGE, RESIDENTIAL DETACHED: A building for the storage of not more than three (3) vehicles of which not more than one shall be a commercial vehicle of not more than two (2) tons' capacity.
GARAGE, SERVICE STATION: Buildings and premises where diesel, gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. Minor services may be performed.
HEALTH AUTHORITY: Southwest Idaho health district or Idaho department of health and welfare, or their successors.
HOME OCCUPATION: A full or part time business which is conducted entirely within a dwelling unit and which does not change the character of the dwelling unit.
HOMEOWNERS' ASSOCIATION: An organization of landowners formed for the purpose of administering public areas within a subdivision and/or for enforcing private subdivision covenants, conditions or restrictions.
HOSPITAL OR HOSPICE: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of more than eight (8) incurable patients.
HOTEL OR MOTEL: A building in which lodging is provided and offered to the public for compensation.
JUNK: Discarded or used materials, including, but not limited to, used machinery, equipment, scrap copper, brass, iron, steel, other metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use.
JUNKYARD: Any land, property, structure or combination thereof used for the collecting, storage, dismantling or sale of discarded material or "junk", as defined in this section.
KENNEL, COMMERCIAL: Any premises or portion thereof on which four (4) or more domestic pets are maintained, harbored, possessed, trained, bred, boarded or cared for in return for compensation, but not including an animal clinic, animal hospital or veterinary office. Care for nondomestic animals shall be subject to the standards established in title 5, chapter 2 of this code.
KENNEL, HOBBY: A facility located at the private residence of the dog owner, where four (4) to ten (10) of the owner's dogs are maintained for purposes of breeding, hunting, organized field trials, obedience training or competition, security or for personal enjoyment.
LABORATORY: A place devoted to experimental study such as testing and analyzing, not including the manufacture of products.
LOADING SPACE, OFF STREET: Space designated for pick ups and deliveries.
LOT: A. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
B. A portion of a recorded subdivision intended as a unit for transfer of ownership or for development.
LOT COVERAGE: The ratio of roofed ground floor area of all structures on a lot to the gross square footage of the lot expressed as a percentage.
LOT DEPTH: The horizontal distance between the front and rear lot lines.
LOT, FLAG: A lot which has less footage when abutting a street than that required by this title, but which expands away from the public street into a lot which meets or exceeds lot width requirements.
LOT FRONTAGE: That portion of a lot nearest the street.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
A. Corner Lot: A lot located at the intersection of two (2) or more streets.
B. Interior Lot: A lot with only one frontage on a street.
C. Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
D. Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
LOT WIDTH: The horizontal distance between the lot side lines.
MANUFACTURED HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a bathtub or shower and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels, or a flatbed or other trailers or detached wheels.
C. Arriving at the site where it is to be occupied as a dwelling, usually including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, such as location on foundation supports and connection to utilities.
MANUFACTURED HOME PARK: Any site or tract of land upon which two (2) or more manufactured homes are parked on a permanent or semipermanent basis, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
MANUFACTURED HOME SUBDIVISION: Any parcel of land which may be divided or proposed to be divided in accordance with the definition of "subdivision", whereupon one or more manufactured homes shall be placed.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning, crushing or marketing of any mineral natural resource.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites. Normally, they generate some nuisances such as smoke, noise, vibration, dust, and air and water pollution, which pollution may extend beyond the district boundary.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations, relatively clean, quiet and free from objectionable noise or pollution.
MEATPACKING FACILITIES: Includes meat canning, curing, smoking, salting, packing and freezing, or other similar establishments in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.
NONCONFORMING USE: A legally created building, structure or use of land which does not conform to the current regulations of the zone in which it is situated.
NURSERY: Land, building, structure or combination thereof for the storage, cultivation, container growing, transplanting of live trees, shrubs or plants for shipping or sale on the premises, including products used for gardening or landscaping.
NURSING HOME: Any institution or facility which supplies all of the functional needs of an individual in need of residence care and defined as such for licensing purposes under state law or pursuant to the rules for nursing homes, hospitals, residential care homes, whether proprietary or nonprofit, and shall include, but not be limited to, healthcare facilities owned or administered by the state government or any agency or political subdivisions thereof.
OPEN SPACE: An uncovered area which may include natural or manmade environmental features, water areas, swimming pools, tennis courts, and other recreational facilities which the planning and zoning commission deems permissive.
OWNER: An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in land to be subdivided to commence and maintain proceedings under the regulations of this chapter.
PACKING PLANT, COMMERCIAL: An establishment where fruits and vegetables are graded and/or packed.
PARCEL: A contiguous quantity of land owned by or recorded as the property of the same person.
PARKING AREA, PRIVATE: An open area for the parking of privately owned vehicles and not for public use.
PARKING AREA, PUBLIC: An open area, other than a street, used for the temporary parking of more than four (4) vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE: An area, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of uses are developed under a single ownership or control as set forth in chapter 14 of this title.
PLANNING AND ZONING COMMISSION: The planning and zoning commission appointed by the mayor and confirmed by the city council.
PLAT, NONRESIDENTIAL: A plan of subdivision for nonresidential uses, dedication or any portion thereof prepared for filing and recording by the County Recorder and containing those elements and requirements set forth in this title for a nonresidential subdivision. A final plat for a nonresidential subdivision, upon its being filed and recorded by the County Recorder, shall be known as an authorized plat, subdivision or dedication.
PORCH: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open in part to the weather.
PORTABLE AUTOMOBILE CANOPY: A shelter structure not intended for habitation, less than two hundred (200) square feet, without sidewalls or drops, constructed of fabric or pliable material supported by a frame made of lightweight metal or plastic, and used only to park operable vehicles which are also licensed and registered.
PORTABLE CANOPY: A shelter structure not intended for habitation, less than two hundred (200) square feet, constructed of fabric or pliable material supported by a frame made of lightweight metal or plastic.
PRINCIPAL USE OR STRUCTURE: The primary building or activity on a tract, parcel or lot.
PROFESSIONAL SERVICES: Offices and related spaces for use by medical practitioners, lawyers, architects, engineers, accountants and other similar professions.
PUBLIC SERVICE: Power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned by a public utility, a railroad, whether publicly or privately owned, or by a Municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC USE FACILITY: Parks, schools, administrative and cultural buildings and other structures intended for use by the public.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE: A portable structure primarily designed as accommodation for recreational, camping and travel use and as defined in Idaho Code section 49-119.
RECREATIONAL VEHICLE PARK: A premises upon which two (2) or more parking sites are located, established or maintained for occupancy by recreational vehicles for temporary recreation or vacation purposes.
RECREATIONAL VEHICLES SALES OR SERVICE: The sale, trade or lease of new or used recreational vehicles in operating condition. Repair work and service shall be minor and incidental.
RESIDENTIAL CARE FACILITY: A structure or portion thereof that provides permanent provisions for living, sleeping, cooking and sanitation and that provides twenty four (24) hour nonmedical care for more than eight (8) individuals that are eighteen (18) years or older who need personal care or assistance and supervision. A residential care facility shall include, but not be limited to, assisted living facility, retirement home and respite care.
RIGHT-OF-WAY: An area or strip of land, either public or private, on or over which an irrevocable right of passage or usage has been obtained and/or secured for either public or private purposes.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of products.
SCREENING: A method to aid in protecting properties from undesirable views, glare, dust, noise or other offensive or harmful materials.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard.
SIGHT TRIANGLE: A. That triangular portion of a corner lot between two (2) intersecting roadways that must be kept clear of sight obstructions that might prevent motorists from identifying potential traffic approaching the intersection on the intersecting roadway.
B. The boundaries of an area at the intersection of: 1) two (2) streets; 2) the intersection of a public street and driveway; 3) the intersection of a public street and alley; or 4) at the crossing of a railroad over a street, where visual observations are limited and specified by this title for the purpose of protecting public health and safety. Also known as a sight vision triangle and clear vision triangle. See section 10-9-8 of this title.
SIGN: Any device designed to inform or attract the attention of people. Signs are regulated under chapter 7, article D of this title.
STANDARD SPECIFICATIONS: The standard specifications for public works of the City, officially adopted by the City Council and including all subsequent amendments thereto.
STREET, PRIVATE: A street not maintained, owned or dedicated to the City. Also includes the terms “lane” or “loop”.
STREET, PUBLIC: Any right-of-way which provides vehicular and pedestrian 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, place and other such terms.
STRUCTURAL ALTERATIONS: Any change to the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
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, but are not limited to, buildings, manufactured homes, walls, fences and billboards.
SUBDIVIDER: Any person, individual, company, firm, limited liability company, limited liability partnership or other entity who executes the application and initiates proceedings for the subdivision or short subdivision of land in accordance with the provisions of the City subdivision ordinance. The subdivider need not be the owner of the property.
SUBDIVISION: Any land which is divided or proposed to be divided into two (2) or more lots, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single subdivider, or designated or advertised as a common unit or by a common name. Such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale, lease, transfer or development as part of a common plan. However, this shall not apply to any of the following:
A. 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 change the original number of lots in any block of the recorded plat.
B. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho State Code.
C. Widening of existing streets to conform to the Comprehensive Plan.
D. The acquisition of a street right-of-way by a public agency in conformance with the Comprehensive Plan.
E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage.
F. A sale or exchange of lands used exclusively and solely for agricultural purposes.
SUBDIVISION, NONRESIDENTIAL: Any nonresidential land which is divided or proposed to be divided into five (5) or more lots for nonresidential use, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single subdivider, or designated or advertised as a common unit or by a common name. Any nonresidential land which is proposed to be divided into four (4) or less lots for nonresidential use is not considered a subdivision.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
TRACT, ASSESSOR'S: A tract drawn, platted, surveyed, recorded or created for use by a taxing authority. Same as assessor's plat.
USE: The specific purpose for which land or a building is designated, arranged, intended, or for which it is occupied or maintained.
USED OR OCCUPIED: Includes the words "intended, designed or arranged to be used or occupied".
VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setback, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the size of a lot.
VICINITY MAP: A drawing which sets forth, by dimension or other means, the relationship of a proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WRECKING YARD: Any use of premises, excluding fully enclosed buildings, whereon more than two (2) motor vehicles not in operating condition are standing sixty (60) days or more, on which such used motor vehicles or parts thereof, are dismantled or stored.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure, to include:
A. Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. Yard, Rear: 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.
C. Yard, Side: 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.
ZONE: A section or sections of the incorporated area of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class or use permitted therein.
ZONING ADMINISTRATOR: A person who is appointed by the City Council to administer this title.
ZONING PERMIT: A document issued by the Zoning Administrator, subject to the veto powers of the City Council, authorizing the use of land and structures, and the characteristics of the uses. (1984 Code §§ 5-2-1, 5-2-2, 11-1-5; amd. 2014 Code; Ord. 630, 9-25-2017; Ord. 682, 5-10-2021)