The following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory and not permissive. Any term not defined herein shall have its plain and ordinary meaning.
ACCESSORY APARTMENT OR GUESTHOUSE: A fully functional living unit including a kitchen, bathroom, etc., which may provide residence in barter for personal services, or accommodate a family member who wishes to live in a separate structure on the same lot.
ACCESSORY USE OR STRUCTURE: A use, building or structure that is customarily incidental and subordinate to the principal permitted use or approved administrative permit use, and is conducted or located upon the same lot.
ACREAGE LOTS: Lots as more particularly described in subsection 14-3-4E3a of this title.
ADMINISTRATIVE PERMIT: A permit issued by the administrator for a specified use for either a onetime use or a continuing use requiring annual reviews by the administrator to ensure that the use is being conducted in accordance with the permit.
ADMINISTRATIVE PERMIT USE: A use or occupancy of a structure, or a use of land, permitted only upon issuance of an administrative permit and subject to the limitations and conditions specified therein.
ADMINISTRATOR: The Gem County administrator of development services or an authorized representative thereof.
AFFECTED PERSON: Same meaning as is ascribed to such term by section 67-6521, Idaho Code, as amended from time to time.
ALLEY: A public or private way affording only secondary means of access to abutting property at the back or side of a property.
ANIMAL CLINIC OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of domestic or exotic animals, large or small, in which veterinary services as well as associated services including clipping, bathing, boarding and other services are rendered to such animals. An animal hospital or veterinary hospital is the same as an animal or veterinary clinic, the distinction being that in the case of an animal hospital there is a licensed veterinarian on the premises.
APPLICANT: Any owner or person with a proprietary interest in real property within the boundaries of the Black Canyon planned community who submits any application under this title.
BARN: Any structure used to house domestic livestock.
BASEMENT: That portion of a building structure all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground. A basement, when used for dwelling purposes, shall be counted as a story for purposes of height measurement where at least one-half (1/2) of its height is above finished grade (daylight basement), and as a half story for purposes of side yard determination.
BED AND BREAKFAST ESTABLISHMENT: A building where meals and/or lodging are provided for compensation to three (3) or more persons, but not more than twelve (12) persons, and who are not members of the householder's family.
BLACK CANYON ASSOCIATION OR ASSOCIATIONS: The Idaho nonprofit or profit corporations whose members consist exclusively of property owners within one or more phases or areas of Black Canyon and whose purpose is to provide for the administration and governance of the affairs of Black Canyon. There may be more than one association, any one of which may be limited to a particular type of use such as residential, commercial or recreational or may include a combination of all uses in a particular phase.
BLACK CANYON, BLACK CANYON PLANNED COMMUNITY: That area depicted on the Black Canyon zoning map, as amended from time to time.
BLACK CANYON DESIGN REVIEW COMMITTEE OR DESIGN REVIEW COMMITTEE: That certain design review committee (DRC) referenced herein as well as in the design guidelines approved as a part of the Black Canyon specific plan.
BLACK CANYON LAND USE AND INTENSITY MAP: See definition of Land Use And Intensity Map.
BLACK CANYON SPECIFIC PLAN: The Black Canyon specific plan consists of the goals, objectives, policies, maps (such as sketch plan maps), development standards/administration provisions and other components of the Black Canyon application for a planned community that have been adopted by the board, and which shall serve as a guide for development. A copy of each approved Black Canyon specific plan shall be on file with the Gem County development services department (development services).
BLACK CANYON ZONING MAP: Map depicting the Black Canyon planned community boundary and the zoning districts within this boundary.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BOARD: The board of county commissioners of Gem County, Idaho (board).
BOARD CHAIRMAN: Chairman of the Gem County board of county commissioners.
BOARDER: See definition of Roomers Or Boarders.
BUILDING: Any structure securely affixed to the land, and having a roof supported by columns or walls, and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, which is designed or intended for the occupancy, shelter, enclosure or protection of persons, animals, chattels or property of any kind.
BUILDING COVERAGE: The total allowable percentage of a lot that may be covered by a building or buildings.
BUILDING ENVELOPE: Areas of land within which all site disturbances pertaining to construction of buildings, e.g., site work, actual construction, etc., shall be conducted but it shall not include site disturbances pertaining to landscaping.
BUILDING HEIGHT: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING MASSING: The three-dimensional bulk and scale of a building.
BUILDING SITE: The ground area of a building or group of buildings together with all open spaces as required by this title.
CAFE: See definition of Restaurant.
CLINIC: A building, other than a hospital, used by one or more licensed or other healthcare professionals for the purpose of receiving and treating clients.
CLUB, LODGE OR SOCIAL HALL: The social use of a building or of any premises by a profit or nonprofit association for social or fraternal purposes.
CLUSTER DEVELOPMENT OR CLUSTERING: Clustering of buildings, garages, and drives to minimize site disruption and/or maximize open space. Clustering techniques may include, but are not limited to, shared driveways, key or flag lots, and cul-de-sacs.
COMMERCIAL STABLE AND RIDING SCHOOLS: For profit stables and horse riding schools.
COMMERCIAL USE: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use of offices by professions and trades rendering services including all advertising, events and other activities associated with such commercial use.
COMMERCIAL ZONE OR ZONES: Those areas shown on the Black Canyon zoning map designated for commercial uses including, but not limited to, retail or wholesale sales, offices, or clinics or professional services.
COMMISSION: The planning and zoning commission of Gem County, Idaho.
COMMON AREAS: Those areas that are used, owned or managed jointly by a group of residences, businesses or association(s). Common areas include, but are not limited to, open spaces, parking areas, pathways, and parks.
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 chapter 65, title 67, Idaho Code.
CONDOMINIUM: A condominium within Black Canyon shall have the same meaning as set forth in section 55-101B, Idaho Code as the same is amended and modified from time to time, and subsection 14-3-4E3b of this title.
CONVALESCENT HOME: A home, place or institution licensed by the Idaho state department of health and welfare as a nursing home which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, said patients who by reason of illness or infirmity are unable to properly care for themselves.
CORRAL: See definition of Paddock Or Corral or Pasture.
COUNTY: Gem County, Idaho.
DEDICATION: The setting apart of land or interests in land for public use, charitable, religious or educational purposes, including the granting of any and all conservation easements.
DEVELOPER: A person or entity making application to or developing land by subdividing or otherwise creating parcels of land on which buildings or structures are located or constructed, including an authorized agent(s) of a developer or the owner of the real property in question.
DOMESTIC LIVESTOCK: Horses, cattle, dairy animals, sheep, goats, llamas, alpacas and other similar grazing animals, small animals such as rabbits and domestic birds. Domestic livestock shall not include swine or such birds as are caged and housed inside the dwelling and are not raised for commercial use.
DRAINAGE: The removal of excess waters from land by means of surface or subsurface conduits.
DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to encourage or permit customers to receive services, obtain goods, or be entertained, while remaining in their motor vehicles. Provided, however, that drive-in establishments may be associated with a service station or truck stop but shall require separate approval for conduct of such business.
DUPLEX: A building of no more than two (2) stories in height designed for or used by two (2) families or housekeeping units.
DWELLING: Any building or portion thereof designed or used as the residence or as separate living quarters of one or more persons, but not including a tent, trailer or a room in a hotel, motel, or bed and breakfast establishment.
DWELLING, MULTI-FAMILY: A building or portion thereof designed for or used by two (2) or more families or housekeeping units.
DWELLING, SINGLE-FAMILY: A building designed for or used exclusively for residential purposes by one family or housekeeping unit.
EASEMENT: A right of use, but less than fee simple or ownership, and usually for a certain stated purpose.
ENGINEER, COUNTY: The licensed professional engineer appointed or employed by the board.
EQUESTRIAN CENTER: One or more of the Black Canyon equestrian facilities more particularly described in subsection 14-3-4D2 of this title.
ESSENTIAL PUBLIC SERVICES: As provided in the Gem County comprehensive plan (plan) these shall include, but are not limited to, water systems, public safety services, wastewater collection and treatment systems, stormwater detention or retention areas or drainage facilities and structures, public schools, streets, roads and open space.
FAR: Floor to area ratio.
FEMA: Federal emergency management agency.
FAMILY: A person living alone, or two (2) or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a bed and breakfast establishment, boarding house, lodging house, motel or hotel.
FAMILY DAYCARE HOME: A facility licensed under or defined as such in section 39-1102, Idaho Code, as amended from time to time.
FINAL PLAT: The map of a subdivision containing all of the requirements of chapter 13, title 50, Idaho Code, to be recorded in the office of the county recorder after approval by the board. See also definition of Plat, Final.
FLOODPLAIN: That area defined as such by FEMA.
GRADE: The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure.
GREENHOUSE: A building whose roof or roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants, for private use or public sale.
GROUP DAYCARE FACILITY: A facility licensed as or defined as such in section 39-1102, Idaho Code, as amended from time to time.
GUESTHOUSE: See definition of Accessory Apartment Or Guesthouse.
HEALTH CLUB FACILITY: Any facility providing exercise services to its customers.
HOME OCCUPATION: Any gainful occupation, profession or craft carried on wholly in a dwelling place and clearly incidental and secondary to the use of the dwelling for dwelling purposes. Provided, however, that:
A. There shall be no change in the character of the dwelling.
B. Not more than one-half (1/2) of the area of one floor of said dwelling shall be used for such use.
C. No external alterations or construction features not customary in a dwelling unit may be constructed.
D. There may not be any external evidence of such use except for signs as approved by the DRC and provided for in this title.
IMPROVEMENT: Streets, pavement, paths, bikeways, sedimentation control facilities, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street 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 ZONE: Those areas shown on the Black Canyon zoning map specifically intended for industrial uses, including, but not limited to, public domestic water or irrigation systems, wastewater treatment facilities and gravel extraction operations.
KENNEL: Any facility used for the boarding or training of more than four (4) domestic animals.
LAND USE AND INTENSITY MAP: The plan contained within the Black Canyon specific plan that generally depicts areas intended for commercial, industrial, open space, public, recreational, residential and rural uses.
LARGE LOTS: Lots as more particularly described in subsection 14-3-4E3c of this title.
LODGE: See definition of Club, Lodge Or Social Hall.
LOT: A parcel of land, which meets any of the lot requirements of this title for use, design and dimensional standards and is for transfer of ownership or development, including, but not limited to, condominiums, duplexes or commercial buildings. Such parcel of land may be developed if it complies with all applicable provisions of this title and has been approved in writing by the DRC.
LOT DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart.
LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts.
LOT LINE REAR: The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line.
LOT LINES: The property lines bounding the lot.
LOT WIDTH: The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least depth of the front yard.
MASTER DEVELOPER: Black Canyon Partners, LLC, or its assigns.
MODEL HOME: A single-family dwelling or a unit within a duplex or multi-family dwelling which is shown to prospective buyers of lots or dwellings for the purpose of promoting the retail sale of lots or dwellings within Black Canyon.
NURSERY: Land and/or greenhouses used for horticultural purposes including, but not limited to, raising of flowers, shrubs and plants, for private use or public sale on site.
OPEN SPACE: The area depicted on the Black Canyon land use and intensity map that shall remain open and free of development other than wildlife habitat improvements, trails, and other recreational improvements.
PADDOCK OR CORRAL: A small enclosure, typically in the vicinity of the equestrian center or a stable where horses are exercised.
PARCEL: A single, contiguous unit of land owned by, or recorded as, the property of the same person or persons or entities.
PARCEL BOUNDARY ADJUSTMENT: The division for conveyance of a lot or parcel of land for the purpose of adjusting the boundary between parcels where: the dimensions of the parcels are not reduced below the minimum dimensional standards for its applicable zone; there is no increase in the original number of parcels; and, no easements, public streets, private streets or publicly dedicated areas are affected. A parcel boundary adjustment shall not move or affect the location of any platted lot line. All such adjustments shall be approved in writing by the DRC prior to application to the county for approval.
PARK AND RIDE FACILITY: Any facility designed to allow Black Canyon residents to park their vehicles in order to car pool or ride in a van or bus to various locations, usually, however, to work.
PARKING AREA (PRIVATE): A structure or open area, other than a street or public way, designed, arranged and made available for the storage of private vehicles of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.
PARKING AREA OR LOT (PUBLIC): A structure or open area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE: A usable space for the parking of motor vehicles within an open, public or private parking area or within the structure or a building meeting the standards of Gem County zoning ordinance as amended from time to time.
PASTURE: An enclosure, typically fenced, with natural cover or planted with forage for domestic animals.
PERSONAL SERVICE RETAIL: Any retail operation oriented toward the provision of personal services.
PHASING PLAN: The preliminary and final plats for each phase of development of Black Canyon as submitted or approved for preliminary plat and/or final plat approval.
PLAT, FINAL: The drawing, map or plan of a phase of Black Canyon, including a separate subdivision or other tract of land, or a replatting of such, including certifications, descriptions and approvals and containing those elements and requirements set forth in the Gem County subdivision ordinance and Idaho statutes, as either are amended from time to time.
PLAT, PRELIMINARY: A preliminary plat of a phase of Black Canyon including a separate subdivision or other tract of land, or a replatting of such containing the elements and requirements set forth in this title or the Gem County subdivision ordinance as amended from time to time.
PRINCIPAL PERMITTED USE: The main use of a lot, parcel or a building as distinguished from a subordinate or accessory use.
PUBLIC AND COMMUNITY USES: All uses intended to be made available or serve the public including, but not limited to: community centers, post office facilities, churches, schools, public structures, recreational and health club facilities and daycare facilities.
PUBLIC RIGHT OF WAY: A right of way open to the public, whether appearing on any plat, established by fee title or a deeded easement.
PUBLIC SERVICES: All uses intended to provide services to the public, including, but not limited to, public or domestic water, irrigation water, wastewater treatment, utility services such as telephone, electricity or gas, roads or other facilities associated with such uses.
PUBLIC STRUCTURE: Any structure designed for the benefit and use of the public.
PUBLIC UTILITY: Any person, entity or municipal department, duly authorized to furnish to the public pursuant to laws or regulations promulgated by state or federal agencies the following: electricity, gas, steam, telephone, transportation, water, or other regulated services.
PUBLIC UTILITY STRUCTURE: Any structure utilized by a public utility.
RECREATION FACILITY: A commercial or nonprofit swimming pool, park, fitness center, public gathering place or other use designed for amusement or recreation.
RECREATION ZONE OR ZONES: Those areas designated on the Black Canyon zoning map specifically for recreational uses including, but not limited to, equestrian, golf, boating and other recreational uses.
REGULAR LOTS: Lots as more particularly described in subsection 14-3-4E3e of this title.
RESIDENTIAL ZONE OR ZONES: Those areas illustrated on the Black Canyon zoning map intended for residential purposes including multi-family but excluding commercial housing such as hotels and bed and breakfast establishments unless otherwise permitted under a special use permit.
RESTAURANT: Any building, or part thereof, other than a bed and breakfast establishment, where meals and/or beverages are provided for compensation, including, but not limited to, cafes, cafeterias, coffee shops, lunchrooms, tearooms, soda shops, and dining rooms, but excluding drive-up or drive-in facilities.
RESTRICTIVE COVENANT: 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.
RETAIL STORE: A store that sells commodities directly to consumers as opposed to commodities sold only to other sellers, including, but not limited to, a general store, hardware store, clothing, bookstore, etc.
ROAD, PUBLIC: An alley, bridge, highway, road, street or thoroughfare under the jurisdiction of the Gem County road and bridge department.
ROOMERS OR BOARDERS: Persons paying remuneration for eating and sleeping within a residence.
RURAL LOTS: Lots as more particularly described in subsection 14-3-4E3f of this title.
RURAL OR RURAL OPERATIONS: The growing of cultivated crops, fruit trees, berry bushes, grazing, pasturage, raising of domestic livestock, horticulture, floriculture, viticulture. The operation of any accessory uses to rural purposes shall be limited to packing the produce for off site transportation to a processing plant. Provided however, that in the case of viticulture, a winery shall be considered an accessory use. Allowed accessory uses shall not include a commercial packing facility for produce from other rural facilities, feedlot or stockyard, the commercial feeding of garbage or offal to swine or other animals, a slaughterhouse, the operation of a fertilizer works, nor plants for the reduction of animal matter.
RURAL OUTBUILDINGS: Any building or structure, which is used for storage or shelter of farming materials, equipment, supplies, products or animals.
RURAL SERVICE ESTABLISHMENT: An establishment primarily engaged in performing animal husbandry or horticultural services, including agricultural milling and processing, harvesting, rural land preparation, irrigation and farm equipment sales and service, veterinary services, boarding or training of horses, and rural or agricultural produce stands.
SCHOOL, PUBLIC OR PRIVATE: An institution of learning either publicly or privately supported.
SERVICE STATION: A filling station or business enterprise using the premises primarily to sell and supply motor fuel and lubricating oils and grease to on premises trade, including the sale of tires, batteries, automotive accessories, together with other related services, including minor motor vehicle repair. It may also include a convenience store retail use or drive-in.
SETBACK: The space on a lot or parcel required to be left open, either by the front, side or rear yard requirements of the Gem County zoning ordinance, this title, or by the delineation on a recorded plat map, or recorded covenants, whichever is more restrictive.
SIGN: Any structure or natural object, such as a tree, rock, bush 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, banner, flag, 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, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SITE DISTURBANCE: Any change in the natural character of Black Canyon as it exists at the date of adoption of this title, such as occurs during construction, landscaping, etc.
SKETCH PLAN: A less detailed development elaboration than a preliminary plat used in conjunction with a preapplication conference. A sketch plan may include maps, charts, goals, objectives, policies and other information.
SLOPE: The number of feet of rise or fall per one hundred feet (100') horizontal distance, divided by one hundred (100) and expressed as a percentage.
SOCIAL HALL: See definition of Club, Lodge Or Social Hall.
SPECIAL USE PERMIT: A use or occupancy of a structure, or a use of land, permitted only upon issuance of a special permit and subject to the limitations and conditions specified therein.
SPECIFIC PLAN: The Black Canyon specific plan illustrating the general concepts and overall design of Black Canyon, but as specifically and particularly designed and established by each phasing plan submitted for development of the individual phases of Black Canyon.
STABLE: A structure used or designed for the keeping, boarding, riding and/or care of horses or other animals used for riding.
STORAGE FACILITY OR STORAGE STRUCTURE: Any storage facility or structure used for the storage or parking (long term or short term) of, without limitation, vehicles, agricultural and recreational vehicles, boats and other watercraft, snowmobiles, equipment, and machinery.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story or fraction thereof, exceeding the definitions of the Gem County subdivision ordinance for height of story, as amended from time to time, shall be considered as an additional story as per that ordinance. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
STREET, PRIVATE: Any parcel of land used for a street, road, lane or way or similar designation which is not maintained by, or dedicated to the Gem County road and bridge department or other appropriate government agency, and used exclusively for the benefit of private individuals, businesses or associations.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as walls, columns, beams or girders.
STRUCTURE: Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, provided fences not exceeding six feet (6') in height shall not be deemed a structure.
SUBDIVISION: The division of a lot or parcel of land into four (4) or more lots or parcels for the purpose of transfer of ownership, or for building development, as provided in the Gem County subdivision ordinance, as amended from time to time.
SUBDIVISION ORDINANCE: The Gem County subdivision ordinance, as amended from time to time. The provisions of the subdivision ordinance shall apply to any development within Black Canyon unless the matter is specifically otherwise provided for herein.
SURVEYOR, COUNTY: The licensed professional land surveyor appointed or employed by the board to check plats and monuments for compliance with platting and surveying laws, provide for surveying monument records and make such surveys, descriptions, maps and plats as ordered by the board.
SWIMMING POOL: An artificial pool of water having a depth at any point of more than three feet (3') and a diameter exceeding eight feet (8'), whether above or in the ground, whether rectangular, circular, ovoid or irregular and intended to be used for swimming by humans.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants.
TEMPORARY LIVING QUARTERS: See definition of Accessory Apartment Or Guesthouse.
TEMPORARY SALES OFFICE: Those facilities, wherever located, used primarily for the wholesale or retail sales of property or lots located within Black Canyon.
TOT LOTS: Any playground facility designed for use by children.
TOWNHOME LOTS: Lots as more particularly described in subsection 14-3-4E3b of this title. See also definition of Condominium.
UNPLATTED PROPERTY USE: Those uses described in section 14-3-5 of this title.
USE: The purpose for which land or a structure thereon is designated, arranged or intended, or for which it is occupied or maintained, let or leased.
UTILITIES: Services intended to be used by the general public including, but not limited to, natural gas, oil, electricity and telephone.
VEHICLE: Every device in, upon or by which a person or property may be transported excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WASTEWATER COLLECTION AND TREATMENT SYSTEM: An installation or system that is used to collect and treat domestic wastewater.
WATER SUPPLY SYSTEM: An installation or system that provides a domestic or irrigation water supply.
WILDLIFE AREA: An area specifically designated for wildlife and big game winter range. (Ord. 2005-13, 9-12-2005)