ACCESS: A clear and unobstructed usable approach of not less than twenty feet (20') in width to a legally dedicated public way.
ACCESSORY BUILDING: A secondary building, the use of which is customarily a part of and incidental but similar to that of the main building and which is located on the same plot and is a permitted use for that particular zone in which it is located and does not change the character of the permitted use.
ACCESSORY USE: The use of land, secondary building or part thereof, or a portion of the main building, such as being accessory to, or incidental to, the principal use of the premises wherein accessory uses are authorized uses which do not require a permit.
ACRE: Forty three thousand five hundred sixty (43,560) square feet.
ADMINISTRATOR: The administrator of the Gem County development services department, his or her designee, or another official expressly appointed by the board of county commissioners to administer this title; or the building official.
AFFECTED PERSON: One having an interest in real property that may be adversely affected by the issuance or denial of a permit, as set forth in title 67, chapter 65, Idaho Code.
AGRICULTURAL BUILDING: A structure designed and constructed on agricultural land of five (5) acres or more, to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation (this shall involve the need for office space, a dwelling or restrooms) or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
AGRICULTURAL LAND OR PURPOSE: An agricultural purpose or agricultural land, as defined below, is land with an area of five (5) acres or more.
AGRICULTURE: Tilling of soil, horticulture, floriculture, forestry, fisheries, viticulture, raising crops, livestock, farming, dairying and animal husbandry including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, fertilizer works, boneyards and commercial feedlots. Incidental retailing of goods on the premises of goods and products raised on the premises shall also be considered as being within the definition of agriculture.
AIRPORT: Any runway, landing 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 taxiway, aircraft storage and tie down areas, hangars and other necessary buildings.
ALLEY: A right of way designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a road.
ANIMAL CLINIC OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of cats, dogs, sheep, cattle, and horses or other animals in which veterinary services are performed including clipping, bathing, boarding, and other services are rendered to such animals and pets.
APARTMENT: A multi-family residential complex. All units are owned by a single person, group of people, or corporation and rented or leased to individuals.
APARTMENT HOUSE OR MULTI-FAMILY USE: Any building or portion thereof which is designed, built, rented, leased, lent or hired out to be occupied, or which is occupied as a home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.
APPLICANT: Any owner of land or an authorized representative who files an application for a permit, variance or appeal in accordance with the requirements of this title.
APPLICATION: The forms and information required to be filed by the applicant for any permit, variance or appeal under this title.
AREA, MINIMUM LOT: The minimum area that is required within the property lines of the lot excluding adjoining roads or rights of way.
AREA OF CITY IMPACT: The urbanized area surrounding a city as established by mutual agreement with the county in conformance with the laws of the state of Idaho.
AREA, PRIVATE PARKING: An open, graded area, other than a road or public way, designed, arranged and made available for the storage of private passenger automobiles or motor vehicles of occupants of the buildings for which the parking area is developed.
AREA, PUBLIC PARKING: An open area, other than a road or alley, used for the temporary parking of automobiles or other transportation and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
AREA, SETBACK: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear requirements of this title, or by delineation on a recorded subdivision planned unit development map.
AUTO SERVICE STATION: An area used exclusively for retail sales of fuels or oils, having storage tanks and pumps located thereon and including minor automotive repairs and washing, but not including body repairs, battery rebuilding, engine rebuilding or any other major automobile repair.
AUTOMOBILE, MOTOR VEHICLE OR EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment repair or part thereof, including collision, service, painting and steam cleaning of vehicles.
AUTOMOTIVE, MOTOR HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES: The sale or rental of new and used motor homes, motor vehicles, travel trailers or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
BAR/LOUNGE/TAVERN: A counter or establishment at which individual alcoholic drinks and sometimes food are served at retail for consumption on the premises.
BICYCLE RACK: A device used for parking bicycles or similar nonmotorized vehicles.
BOARD: The board of county commissioners of Gem County, Idaho.
BOARDING HOUSE, ROOMING HOUSE, DORMITORY: A dwelling or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more persons not in the same family, where no cooking or dining facilities are provided in the individual rooms.
BOND, PERFORMANCE OR SURETY: A financial guarantee by a third party on behalf of a subdivider or developer with the county per title 12, chapter 5 of this code.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, ASSEMBLY: The use of a building or structure, or any portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.
BUILDING CLASSIFICATIONS: Building classifications not defined in this title shall be classified in accordance with its occupancy use, as set forth in the adopted building code.
BUILDING, EXISTING: A building erected prior to the effective date of October 10, 1978, or one for which a legal building permit has been issued, prior to the effective date.
BUILDING HEIGHT: The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck of a mansard roof or to the average height of the highest gable of a pitched or hip roof.
BUILDING LINE: A line which is usually parallel with a road right of way line, shore of a lake, edge of a stream or a riverbank established on a parcel of land, or on a lot for the purpose of prohibiting construction of a building.
BUILDING, MAIN OR PRINCIPAL: A building other than an accessory building, and for which the use thereof is authorized by this title for the zone in which it is located.
BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code.
BUILDING PERMIT: A required permit to be issued by the Gem County building official allowing any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the county or cause the same to be done, with exception to agricultural building classification which requires a zoning permit.
BULK BUILDING MATERIALS: Materials used in construction, improvement, or anything essential toward the completion of a building or structure for the use intended, which are purchased or sold in quantities described as units, pallets, or bags, and are limited to the following materials or materials of similar nature: lumber (including decking, timbers and railroad ties), plywood particleboard, siding, gypsum (sheetrock), fencing (wood, metal, and plastic), roofing, cement block, cement, brick stone, insulation, and landscaping materials.
BULK PLANT: An establishment where liquids are received by tank vessels, pipeline, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle or container.
BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices or professions and trades rendering services.
CENTER, DAYCARE: See definition of Daycare Center.
CENTER, MEDICAL HEALTH: See definition of Clinic.
CENTRAL OR COMMUNITY SEWAGE TREATMENT FACILITY: Any plant, lagoon, or system, other than a septic tank, drainfield, or pit privy, for receiving, treating, and disposing of sewage.
CLINIC: A healthcare building designed and used for medical and surgical diagnosis or treatment of ambulatory human patients on an outpatient basis (includes psychological evaluation, medical and dental).
CLUB OR LODGE: The facilities of an association of persons for the promotion of some nonprofit common interest, such as literature, science, good fellowship, etc.; and which holds meetings periodically which are limited to members and guests.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profitmaking activity which is generally related to the entertainment field, such as motion picture theaters, nightclubs, cocktail lounges and similar entertainment activities.
COMMERCIAL, HEAVY: An establishment or business, which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts, considered incompatible with less intense uses. Typical businesses in the definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL MEATPACKING FACILITIES: Includes: a) meat canning, b) curing, c) smoking, d) salting, e) packing and f) freezing or other similar establishments in which meat products are so processed for sale to the retail trade, and where the inspection of meat and meat byproducts are maintained.
COMMERCIAL PACKING SHED FOR FARM CROPS OR FRUIT: Packing sheds for fruit, vegetables, hops, or other farm crops will be considered commercial for the terms of this title when less than fifty percent (50%) of the farm crops graded or packed are produced by the owner on his immediate farm, owned or leased property.
COMMERCIAL SLAUGHTERHOUSE AND MEATPACKING FACILITIES: Includes the: a) slaughtering, b) meat canning, c) curing, d) smoking, e) salting, f) packing, g) rendering, h) 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.
COMMERCIAL USE: A use other than agriculture, which involves the sale of products or services for profit or compensation.
COMMISSION, PLANNING: The joint planning commission of Gem County as appointed by the board of county commissioners and the city of Emmett city council. Primary responsibilities will be to make long term planning decisions for the county.
COMMISSION, ZONING: The zoning commission of Gem County as appointed by the board of county commissioners. Primary responsibilities will be to make zoning decisions for the county. The use of the term "commission" in this title shall refer to the zoning commission unless otherwise noted.
COMMON LOT: A lot separate from individual building lots. All street or road buffers, buffers between incompatible land uses, and open space must be on a common lot, owned and maintained by all residents or business owners within a subdivision.
COMMON OPEN SPACE: Land area exclusive of street or road rights of way and street or road buffers, except for right of way specifically dedicated for landscaping within subdivision. Street or road buffers wider than the required minimum dimension may count fifty percent (50%) of the additional area as open space. Open space may include trees, natural environmental features, playgrounds, water areas, swimming pools, community centers, and recreational facilities. Common open space must be on a common lot.
COMPREHENSIVE PLAN: A compilation of goals, policies, maps and other data guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in the Idaho local planning act of 1975 1 .
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONDOMINIUM PLAT: The drawing of a division of real property into individual interests in common together with a separate interest in the real property for the purpose of establishing condominium ownership together with the declaration that is filed according to law with the county recorder.
CONTRACTOR'S YARD: A defined area in which a construction contractor either operates his business, stores or dispatches equipment or stores materials.
COUNCIL: The city council of an incorporated city.
COUNTY: Gem County, Idaho, and its governing board.
COVENANTS: A written promise or pledge which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of the affected landowners.
DAIRY FACILITY: A facility whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy facility further refers to a dairy barn or processing facility or feeding area where animals are kept, raised or fed in a restricted area, and where the milking area is subject to the approval of the state of Idaho.
DAYCARE CENTER: A place, home, building, or location providing care with organized play and instruction, for more than five (5) children not residing on the same premises. Must follow rules and regulations specified by Idaho Code sections 39-1101 through 39-1119.
DEDICATION: The setting apart of land or interest in land for use by the public. Land becomes dedicated only when accepted by the board of county commissioners as a public dedication, either through the recording of a subdivision plat, by the passage of a county ordinance or by entry of a resolution of approval in the official minute book of the meeting of the board of commissioners.
DEVELOPMENT: Any grading, vegetation removal, construction activity, or any other activity, excluding maintenance, which changes the existing character or use of the land or has any impact on adjoining properties.
DEVELOPMENT AGREEMENT: A contract between the applicant and the county to assure performance of the applicant on any permit and for the payment of any impact fees, bonds, reimbursement fees, or other duties and obligations of the applicant related to the permits.
DIVISION OF LAND: The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to or possession of a portion of the tract or by the filing of a subdivision plat, establishing the identity of segregated parcels.
DRAINAGE: Includes natural drainage channels, streams, watercourse, drainageway, channel or ditch.
DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to accommodate the motor vehicles or patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or receive services.
DRIVEWAY: Not dedicated nor intended for public use, privately maintained, serving one or two (2) parcels containing inhabited buildings.
DRIVEWAY, ALL WEATHER: Must be constructed with a driving surface width requirement as adopted by the appropriate rural fire districts as provided for in the fire code.
DUPLEX: See definition of Dwelling, Two-Family.
DWELLING: A building or portion thereof, containing one or more living units, and which complies with the structural requirements of the adopted building code.
DWELLING, MULTIPLE-FAMILY: A building designed and/or used to house three (3) or more families, living independently of each other.
DWELLING, SECONDARY: A secondary dwelling is a permanent structure used for human habitation that is located on the same site as a single-family dwelling and provides independent living facilities, including sleeping, cooking and sanitary facilities. Secondary dwellings are subject to the standards outlined in section 11-6-5 of this title. Secondary dwellings are not "accessory uses or buildings" or "temporary hardships", as defined by the zoning ordinance.
DWELLING, SINGLE-FAMILY: A building, designed for use and occupancy, or that may include a group residence in which eight (8) or fewer unrelated persons who are mentally and/or physically handicapped or elderly persons reside with one or two (2) additional persons to act as houseparents or guardians who need not be related to each other or and of the mentally and/or physically handicapped or elderly persons who reside in the house. This definition excludes any group residence whose occupants are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
DWELLING, TWO-FAMILY: A detached building designed for use and occupied exclusively by two (2) families living independently of each other, known also as a duplex.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ELECTRICAL DISTRIBUTION SUBSTATION: An assembly of equipment designed to receive energy from a high voltage distribution supply system to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment.
EQUESTRIANWAY: A public way designed to be used for horseback riding and so designated.
EXTRACTION: To obtain or withdraw minerals, sand, rock, gravel, stone, earth, or any similar material by breaking of the surface soil by physical or chemical process or may mean to separate a metal from ore.
FAMILY FOOD PRODUCTION: The keeping of domestic animals, fowl, and the activity of gardening of food for the use of the family occupying the premises.
FARM: See definition of Agriculture.
FARMERS' MARKET: An indoor or outdoor commercial area providing retail sale booths for numerous merchants of produce and plant life. It may provide arts and crafts booths accessory to the produce and plant life booth.
FEEDLOT: The operation or maintenance of a commercial stockyard where livestock are fed concentrated feeds, particularly for the purpose of fattening for market. Must meet all Idaho state regulations.
FIRE DEPARTMENT: That department or district within whose boundaries the development lies.
FIRE OFFICIAL: The authority having jurisdiction to administer and enforce fire codes and approve emergency vehicle access and turnarounds.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway and floodway fringe, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood Of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel or a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by a flood of 100-year frequency.
FLOOR AREA: Usable area inside the building including basements, upper stories, sleeping lofts and attached garage.
FRONTAGE LOT: The front of the lot, measured along the road from side property line to side property line. On corner lots and through lots, all sides of a lot adjacent to roads shall be considered frontage.
GARAGE, PRIVATE: A building or a portion thereof in which motor vehicles used by the tenant of the main building on the premises are stored or kept.
GARAGE, PUBLIC: Building or portion thereof designed and used for the storage, repair, or servicing of motor vehicles or boats as a commercial venture.
GARAGE, SERVICE STATION: See definition of Auto Service Station.
GOVERNING AUTHORITY: The board of county commissioners of Gem County, Idaho.
GRADE OR OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the center of all walls of a building. If the building is within twenty five feet (25') of a sidewalk or curb, said ground level shall be measured at the sidewalk or curb.
GREENHOUSE, COMMERCIAL: An establishment where flowers, shrubbery, vegetables, trees and other horticulture products are grown in the open and/or in an enclosed building for sale on a wholesale basis, with retail sales on premises to be on an occasional basis.
GROUP HOME OR RESIDENCE: Residential shelter care facilities for mentally handicapped, physically handicapped and elderly citizens. Group homes for eight (8) or fewer residents are considered single-family dwellings for purposes of land use ordinances.
HAZARD, EXPOSED: Any building (over 400 square feet) which is closer than fifty feet (50') to another building.
HEALTH AUTHORITY: The officer or other designated authority charged with the administration and enforcement of the rules and regulations of the health department of the state of Idaho or its successor.
HEALTH DEPARTMENT: The Southwest district health department (SWDH) or its successor.
HEALTHCARE FACILITY: Hospitals, psychiatric hospitals, tuberculosis hospitals, skilled nursing facilities, intermediate care facilities, kidney disease treatment centers, including freestanding hemodialysis units, ambulatory surgical facilities, birthing centers, community health centers, health maintenance organizations (HMO), independent laboratories, migrant health center, public health clinics and freestanding emergency care centers.
HEARING EXAMINER: Appointment by the county commissioners of an individual to hear applications for subdivision, special use and variance permits, and requests for zoning district boundary changes.
HIGHER INTENSITY USE: When the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended results in a greater degree of measurable noise, odor, light, vibration or other potential public nuisance than an adjacent property, it shall be deemed a higher intensity use.
HOME, MANUFACTURED: A factory built structure that is manufactured or constructed according to the national manufactured housing construction and safety standards act of 1974, and as may be amended, which became effective June 15, 1976, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other devices allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For purposes of this code, two (2) types of manufactured homes are established, "stock" and "enhanced".
Enhanced Manufactured Home: A manufactured home that meets all the architectural placement standards listed below:
A. The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width (3/12 pitch);
B. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.
Any approval standards, special conditions and the procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.
Stock Manufactured Home: A manufactured home that does not have all the architectural placement standards of an enhanced manufactured home.
HOME, MOBILE: A transportable, factory built home designed to be used as a year round residential dwelling and built prior to enactment of the national manufactured housing construction and safety standards act of 1974, which became effective June 15, 1976. Such a home must submit an approved certificate of compliance from the division of building safety of the state of Idaho before a zoning permit may be issued. See section 11-6-8 of this title.
HOME, MOBILE REHABILITATED: Any mobile house constructed prior to June 15, 1976, the effective date of the national manufactured housing and safety standards act (HUD code), that are currently sited within Idaho, or that may be brought into the state after July 1, 1976, which have been upgraded to comply with chapter 25, title 44, Idaho Code and received a certificate of compliance from the division of building safety of the state of Idaho.
HOME OCCUPATION: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes (see subsection 11-6-5P of this title).
HOSPITAL: An institution which is primarily engaged in providing to patients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
HOTEL: Any building containing six (6) or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
HOUSE, BOARDING: See definition of Boarding House, Rooming House, Dormitory.
HOUSE, ROOMING: See definition of Boarding House, Rooming House, Dormitory.
IMPROVEMENTS: Roads, pavement, paths, bikeways, sedimentation control facilities, revegetation, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street or road signs, lights, irrigation canals, landscaping, lot corner monuments, and other such items as may be required for compliance with the regulation of this title.
INDUSTRIAL: Refers to the manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified. Uses that are usually a nuisance in nature and do not produce objectionable problems to the surrounding area.
INDUSTRIAL, 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 beyond the zone boundary.
INDUSTRIAL, LIGHT: Manufacturing or other industrial uses which are usually a controlled operation; relatively clean, quiet and free from objectionable noise or pollution.
INDUSTRY, EXTRACTIVE: When mineral deposits and other natural resources are taken out of the ground for use in the business of selling such deposits, or for use in another business, or for use by any department or division of federal, state, county or municipal government.
JUNK: Old iron, glass, paper, used tires, discarded material, including automobiles and machinery that are being dismantled for parts.
JUNKYARD: An outdoor space where waste, discarded or salvaged, or recyclable materials are bought, sold, exchanged, baled, packed, disassembled, stored, processed or handled including house wrecking and structural steel materials and equipment. It does not include places where such uses are conducted entirely within a completely enclosed building, such as pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, and it does not include cars in licensed operable condition or salvaged materials which are incidental to a legal manufacturing operation. Junkyard includes vehicle wrecking yards, recycling yards and establishments for the sale, purchase or storage of used motor vehicles and parts, including machinery, in operating or nonoperating condition. Farm machinery and equipment in agricultural zones are exempt.
KENNEL: A premises where more than four (4) dogs, six (6) months or older, are raised, kept, housed, boarded, trained or bred. This definition does not apply to livestock working dogs in an agricultural zone.
KINDERGARTEN: A place, home, building, or location providing care, with organized play and instruction, for more than five (5) children of preschool age not residing on the same premises.
LANDSCAPING: Refers to any landscaping areas at the entrances of subdivisions, commercial developments or along the entryway corridors of Gem County as defined by the Emmett and Gem County comprehensive plan (community design) and in section 11-6-6 of this title.
LARGE SCALE DEVELOPMENT: Any development over fifty (50) lots or a planned unit development.
LIVESTOCK: Domesticated hooved animals, poultry, rabbits and furbearing animals.
LOT: A unit of subdivided 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, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
LOT AREA: The area of any lot shall be determined exclusive of road, highway, alley, road or other rights of way.
LOT DEPTH: The average distance between the front and rear lot lines measured in the direction of the side lot lines.
LOT, FLAG: A lot with limited frontage on a public or private road in which a band of land, of at least thirty feet (30') in width, must be extended to provide access to the public right of way. See subsection 12-6-1K of this code.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the road. For the purpose of determining yard requirements of corner lots and through lots, all sides of a lot adjacent to roads shall be considered frontage and yards shall be provided as indicated under "yards" in this section.
LOT WIDTH: The width of a lot shall be:
A. If the side property lines are parallel, the perpendicular distance between the sidelines;
B. If the side property lines are not parallel, the width of the lot shall be the length between the side lot lines at right angles to the axis of the lot measured at the required front setback line joining the midpoints of the front and rear property lines.
MANUFACTURED HOME: See definition of Home, Manufactured.
MANUFACTURED/MOBILE HOME COURT: Any site or tract of land whereupon two (2) or more manufactured/mobile homes, or travel trailers are placed, located and maintained for dwelling purposes.
MANUFACTURED/MOBILE HOME PARK: A plot of ground divided into spaces, under the ownership or management of one person, firm or corporation for the purpose of locating two (2) or more manufactured/mobile homes for dwelling or sleeping purposes, excluding the proprietor's unit.
MANUFACTURED/MOBILE HOME SPACE: A portion of land within a mobile home park for the placement of a single manufactured/mobile home and the exclusive use of its occupants.
MANUFACTURED/MOBILE 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/mobile homes shall be placed.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning 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 beyond the zone boundary.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free from objectionable noise or pollution.
MINERAL: Coal, clay, stone, sand, gravel, metalliferous and nonmetalliferous types of ores, and any other similar, solid material or substance.
MINISTORAGE FACILITY: A building or buildings containing various size storage compartments not exceeding five hundred (500) square feet each, and wherein each compartment is offered for rent or lease to the general public for the private storage of materials, excluding materials sold at the facility or directly delivered to customers.
MOBILE HOME: See definition of Home, Mobile.
MOTEL: A building or group of two (2) or more detached, semidetached, or attached buildings containing guestrooms with automobile parking space provided in connection therewith, and designed, intended to be used or used primarily for the accommodation of transient automobile travelers and which are rented by the day. This definition shall include auto cabins, tourist courts, motor courts, motor lodges and similar designations.
NONCONFORMING BUILDING: A building, structure, or portion thereof, which does not conform to the regulations of this title applicable to the zone in which such building is situated, but which existed prior to the effective date of October 10, 1978, or one for which a building permit was issued prior to the effective date.
NONCONFORMING LOT: A lot or parcel of record which lawfully existed at the effective date of October 10, 1978, but which, because of the application of this title to it, no longer conforms to lot area or width requirements prescribed in this title.
NONCONFORMING USE: A use of premises which does not conform to the regulations of this title, but which was a legal use and in existence prior to the effective date of this title.
NONOPERABLE VEHICLE: Any vehicle requiring licensing for operation on a public roadway which is not in sufficient condition to be safely and legally operated on public roadways.
NURSERY, PLANT MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants for sale on the premises including products used for gardening or landscaping.
NURSING HOME, REST HOME, CONVALESCENT CENTER: A home or facility for the care and treatment of more than five (5) pensioners, elderly people or persons requiring twenty four (24) hour care.
OCCUPANCY: The purpose for which a parcel of land, building, structure or part thereof is used or intended to be used.
OCCUPANCY, CHANGE OF: Any change in the character or use of a building or premises, not including change of tenants, proprietors, or occupants.
OFF STREET PARKING SPACE: An area adjoining a building providing for the parking of automobiles which does not include a public street or road but has convenient access to it.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, picnic areas, and other recreational facilities that the commission deems permissive. Roads, parking areas, structures for habitation and the like shall not be included.
ORIGINAL PARCEL: A lot or tract of land as described in the instrument of conveyance (recorded deed or contract in escrow, etc.) which was recorded prior to October 10, 1978.
OTHER USES: Implies such usages that may be permitted in the zone. In no way does the term, when used, imply a permit or approval for a usage. "Other uses" requires a review by the commission who will deny or approve (generally under conditions) the requested usage.
OUTDOOR RECREATIONAL USE OR FACILITY: A place designed and equipped for the conduct of sports and leisure time activities. May be either public or private.
OWNER: Any individual, person, firm, association, syndicate, partnership, corporation, or other entity having a proprietary interest in real property subject to this title. A leasehold interest is excluded from such proprietary interest.
PARCEL: A tract of unplatted land or contiguous land in single ownership, considered a unit for purposes of development.
PARK, MOBILE HOME: See definition of Manufactured/Mobile Home Park.
PARKING AREA OR LOT, PUBLIC: An open area, other than a road or public way, to be used for the storage, for limited periods of time, of operable automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING AREA, PRIVATE: An open area, other than a road or public way, designed, arranged and made available for the storage of private passenger automobiles of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.
PARKING SPACE: A usable space within a public or private parking area, or a building of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
PERMIT: An official document or certificate authorizing performance or specified activity.
PERMITTED USE: A use authorized or permitted alone or in conjunction with other uses in a specified zone and subject to the limitations of the regulations of such use zone.
PERSON: Any individual, corporation, joint venture, limited partnership, partnership, firm, syndicate, association, trustee, or other similar entity or organization.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PLAT: The reproducible and permanent drawing of a subdivision and dedications and easements, prepared for filing and recording with the county recorder in accordance with state law and this code.
PLOT: A parcel of land consisting of one or more lots or portions thereof, which is described in reference to a recorded plat or by metes and bounds.
PRIMARY USE: The use for which a lot, structure, building, or major portion thereof, is designed.
PRINCIPAL DESIGNATED USE: The main use of land or building as distinguished from subordinate, accessory uses or other uses.
PRIVATE DRIVE: Not dedicated nor intended for public use, privately maintained, serving one or two (2) parcels containing inhabited buildings.
PRIVATE ROAD: A roadway that is not dedicated to the public, but intended for public use, privately maintained, serving more than two (2) building parcels or lots but not more than ten (10), and that is approved pursuant to subsection 11-6-3J of this title. A private road does not include existing easements that may have provided access but have not been built to county standards.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
PROFESSIONAL OCCUPATION: The occupation of a licensed engineer, licensed architect, certified public accountant, attorney, real estate broker, doctor, dentist, optometrist or similar profession.
PROFESSIONAL OFFICE: The office of a licensed engineer, licensed architect, certified public accountant, attorney, real estate broker, doctor, dentist, optometrist or similar profession.
PROPERTY: A lot or plot including all buildings and improvements thereon.
PROPERTY LINE: A recorded boundary of a plot.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of building, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, by 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: Public parks, schools, administrative and cultural buildings and structures.
PUBLIC UTILITIES: Structures or facilities essential to furnishing the public with electricity, power, gas, water supply, water treatment and public services, including power plants and substations, water treatment plants or public stations, fire stations, police stations or public communication services regulated by federal, state, or county governments.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
REAL PROPERTY: Real estate consisting of:
A. Lands; possessive rights to land; ditch and water rights; and mining claims, both lode and placer;
B. That which is affixed to land; or
C. That which is appurtenant to land.
RECREATION BUSINESS: Recreation or athletic activities or facilities open to the general public where fees are charged for the use of the facility.
RECREATION, LOW DENSITY: Any recreational site that does not have permanent structures or utilities.
RECREATION, PRIVATE USES: Noncommercial recreation activities or facilities owned privately or by a nonprofit organization intended for the use and enjoyment of the owner or owners.
RECREATION VEHICLE PARK: A premises upon which two (2) or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic classifications are: travel trailer, camping trailer, truck camper, fifth wheel camper and motor home.
RECYCLING CENTER: A location where previously used items or remanufactured items are collected to be used as the same product over again or another product made of the same material.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any change in a structure such as would be required by additions to, or remodeling of such structure.
RESIDENTIAL RETIREMENT FACILITY: A residential retirement facility with individual living quarters, but with a central food service, dining, and recreational center.
RESIDENTIAL USE: A building or portion thereof designed exclusively for residential occupancy, including one-family, two- family and multiple-family dwellings, but not including hotels, boarding and lodging houses, trailers, camp trailers, motor homes or recreational vehicles.
RESTAURANT: A business establishment whose principal business is the preparing and selling of meals of unpackaged food to the customer in a ready to consume state in nondisposable containers, and where the customer consumes these meals while seated at a table within the restaurant building. Alcoholic beverages may be served accessory to food service in a restaurant.
RESTAURANT, FAST FOOD: An establishment that offers for sale quick food service and nonalcoholic beverages, accomplished through a limited menu of items already prepared, or prepared, generally taken at a table. Ordering or pick up of food may take place from an automobile or drive-through window.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special uses.
ROAD: Any surface right of way which provides vehicular, pedestrian, bicycle or other access to properties, either through a prescriptive use or the dedication of which has been officially accepted by the board of county commissioners. The term "road" also includes the terms street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms. Types of roads include, but are not limited to, the following:
Arterial: A road that is designated for the purpose of carrying fast and/or heavy volumes of traffic.
Collector: A road designated on the comprehensive plan for the purpose of carrying traffic from minor roads to other collectors and/or arterials.
Frontage: A minor road parallel to and adjacent to an arterial providing access to abutting properties and protection from through traffic.
Minor: A road which has the primary purpose of providing access to abutting properties.
Private: A roadway that is not dedicated to the public, but intended for public use, privately maintained, serving more than two (2) but no more than ten (10) building parcels and/or lots, and that is approved pursuant to this title.
ROADSIDE STAND: A temporary or mobile structure designed or used for the display or sale of products or services.
ROOMING HOUSE: See definition of Boarding House, Rooming House, Dormitory.
SALVAGE YARD: A place where scrap, used tires, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises. Farm machinery and equipment in agricultural zones are exempt.
SANITARIUM, SANATORIUM: A private hospital, whether or not such facility is operated for profit.
SCHOOL: An institution conducting regular academic instruction at elementary, secondary and college levels.
SCHOOL BUILDING: Any building used by an educational institution or organization, including public, private, or parochial academic schools accredited or licensed by the state.
SCHOOL, TRADE OR INDUSTRIAL: An institution or facility conducting instruction in the technical, commercial or trade skills; businesses such as beauticians, barbers, electricians, automotive and so forth.
SEPTIC SYSTEM: A subsurface sewage disposal system in accordance with the rules and regulations of the state of Idaho and Southwest district health department.
SERVICE STATION, GARAGE: See definition of Auto Service Station.
SETBACK: The required distance between each structure and all lot lines on the lot on which structures are located, the required clear distance between structures, or the required distance between structures and features such as water bodies.
SEWER SYSTEM: Sewers and treatment facilities, other than septic systems, used in connection therewith, which are maintained and operated by a municipality, privately owned public utility, town, or town sanitary district or sewer district.
SIGN: Any structure on a natural object, such as a tree, rock, brush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, flag, banner, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, county or other political unit, or any political unit, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SITE PLAN: A scaled drawing of existing and planned conditions to facilitate review and approval of an application.
SLAUGHTERHOUSE: See definition of Commercial Slaughterhouse And Meatpacking Facilities.
SPECIAL USE PERMITS: A special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the ordinance, but may be allowed with conditions under specific provisions of the ordinance and when it is not in conflict with the comprehensive plan.
STABLE, PRIVATE: A detached accessory building or structure for the keeping of one or more horses or cows owned and used by the occupant of the premises and not for remuneration, hire or sale.
STABLE, RIDING: A building or structure used or designed for the boarding or care of riding horses for remuneration, hire or sale.
STORY: That portion of a building included between the upper surface of the floor and the upper floor or roof next above. It is measured as the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
STRUCTURAL ALTERATIONS: Any change in the supporting members of the building such as the bearing walls, columns, beams, girders or roof.
STRUCTURE: An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner and may include a root cellar or similar structure. Not included are residential fences, retaining walls, rockeries, decks not exceeding thirty inches (30") in height above grade and similar improvements of minor character.
SUBDIVIDER: Shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the subdivision ordinance of Gem County. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: Shall be defined as set forth in the definition of "subdivision" in the Gem County subdivision ordinance.
SUBDIVISION, MANUFACTURED/MOBILE HOME: See definition of Manufactured/Mobile Home Subdivision.
SURVEYOR: Any person who is licensed by the state as a land surveyor to do professional land surveying.
TEMPORARY HARDSHIP PERMIT: A use allowed to install a temporary residence (manufactured home or recreational vehicle only) on a parcel of land to house a person or persons in need of assistance or care because of medical, disability, or geriatric needs. Also may be used for the purpose of retaining a caretaker. See chapter 19 of this title.
TEMPORARY HOUSING: A temporary structure allowed by permit not to exceed one hundred eighty (180) days but shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of this title as necessary to ensure the public health, safety and general welfare. See chapter 19 of this title.
THEATERS, INDOOR AND OUTDOOR: Facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons.
UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed by other property owners in the same zone under the terms of this title, but not merely a matter of convenience and profit.
UNINCORPORATED TERRITORY: All of the territory within the boundaries of Gem County, Idaho, which lies outside of incorporated cities or villages.
USE: The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
USE, EXISTING: Any use legally existing before October 10, 1978.
VARIANCE: A grant of relief from certain provisions of this title when, because of unique, natural site characteristics of a property as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other ordinance provisions affecting the size or shape of a structure or the size of lots, compliance would result in undue hardship upon the owner as distinguished from a mere inconvenience or inability to receive greater profits, and which would not be contrary to the public interest. See section 11-13-2 of this title.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway, excepting devices used exclusively upon stationary rails or tracks. Any equipment requiring state of Idaho licensing to be used on public roadways. This would primarily include cars, trucks, recreation vehicles, all-terrain vehicles, motorcycles, and trailers as defined in the Idaho Code (title 49, motor vehicles). Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under Idaho Code. Equipment intended solely for agricultural purposes is exempt.
VEHICLE HOBBYIST, COLLECTOR: An individual who collects or, restores vehicles for his/her own pleasure. (See section 11-6-5 of this title for performance standards.)
VEHICLE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, whereon more than two (2) unlicensed, nonoperable vehicles are standing for more than thirty (30) days, or on which such vehicles are dismantled or stored. Farm machinery and equipment in agricultural zones are exempt.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
WETLANDS: Those areas that are within the definitions of wetlands as defined by the environmental protection agency and within the jurisdiction of the U.S. army corps of engineers.
YARD, FRONT: The yard across the full width of the lot or plot facing the road and extending from the front building line of the building to the front property line.
YARD, INTERIOR SIDE: The yard between the side building line of the building and the adjacent side property line and extending from the front yard to the rear yard.
YARD, REAR: The yard across the full width of the lot or plot opposite the front yard, extending from the rear building line of the building to the rear property line.
YARD SALE: Yard sales, commonly referred to as garage sales, and/or moving sales may qualify as a yard sale. The sale of used and/or personal items on private residential property no more than four (4) times per year.
YARD, STREET SIDE: A yard extending from the principal building to the secondary road that adjoins the lot between the lines establishing the front and rear yards.
ZONE: A portion of the unincorporated territory of Gem County defined by this title and designated on zoning maps, to which the provisions of this title apply.
ZONING MAP: The zoning map or maps of Gem County, Idaho, incorporated into this title designating zoning districts together with all amendments subsequently adopted.
ZONING PERMIT: A document issued by the administrator authorizing the use of land and structures, and the characteristics of these uses, also referred to as a certificate of zoning compliance. Also a permit of approval for the installation of mobile or manufactured homes. (Ord. 2009-05, 9-28-2009; amd. Ord. 2013-01, 1-22-2013; Ord. 2014-05, 7-7-2014)
Notes
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