The following listed specific words and terms are defined as follows:
ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure or use located or conducted upon the same lot (or on a contiguous lot in the same ownership) as the principal building, structure or use to which it is related, and which is:
(A) Clearly incidental to, and customarily found in connection with, such principal building or use, and
(B) Is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.
AGRICULTURE, AGRICULTURAL PURPOSES OR USES: The raising of farm products for use or sale, including animal or poultry husbandry and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil.
ALLEY: A public right of way which is a narrow way, not over twenty feet (20') in width, which is used primarily as a means of access to the rear of residences or business establishments and which generally affords only a secondary means of access to the property abutting its length.
AMUSEMENT ARCADE: A structure used for the purpose of operating, as a commercial business, an establishment consisting of electronic games and other amusement devices.
BOARDING HOUSE OR ROOMING HOUSE: A building other than a hotel, cafe or restaurant where, for compensation, directly or indirectly, lodging and/or meals are provided for three (3) or more boarders and/or roomers exclusive of the occupant's family.
BUFFERING: A means such as landscaping, fencing, or berming of separating properties or uses.
BUILDING: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property.
BUILDING HEIGHT: The vertical distance above "grade" as defined herein to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hip roof. The measurement may be taken from the highest adjoining sidewalk or ground surface with a five foot (5') horizontal distance along the exterior wall of the building when such sidewalk or ground is not more than ten feet (10') above grade.
BUILDING, PRINCIPAL: One building housing the principal (primary or most important) uses permitted for the lot upon which it is located.
BUILDING SETBACK: The minimum distance in linear feet measured on a horizontal plane between the outer perimeter of a building or structure and each of its lot lines (however, balconies may not project into an interior side yard). A maximum of thirty inches (30") of roof may project into a required yard where it does not conflict with building codes.
CERTIFICATE OF OCCUPANCY: A permit to occupy a premises issued by the administrator after inspection has verified compliance with the requirements and provisions of this title and applicable building code.
CLUB OR LODGE, PRIVATE: An association of persons for the promotion of some nonprofit common object, such as: literature, science, politics, guests or good fellowship; meeting periodically, limited to members with not more than one-third (1/3) of the "gross floor area" used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc.
CORNER LOT: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street and where in either case the interior angle formed by intersection of the street lines does not exceed one hundred thirty five degrees (135°).
DAY NURSERY SCHOOL: A school designed to provide daytime care or instruction for seven (7) or more children from two (2) to five (5) years of age, operated on a regular basis and licensed by the state of Idaho.
DAYCARE CENTER: A childcare service in which children of various age groups, receive care, maintenance and supervision for less than twenty four (24) hours per day.
DENSITY: The number of "dwelling units" per net acre.
DIVISIONAL STRUCTURE: A fence, wall, hedge or retaining wall.
DWELLING: Any building or part thereof, occupied, in whole or in part, as the home residence or sleeping place of one or more persons; either continuously, permanently, temporarily or transiently.
DWELLING UNIT: One or more rooms connected together but physically divided from any other rooms or dwelling units in the same structure and constituting a separate, independent housekeeping unit for permanent residential occupancy by humans.
ESTABLISHMENT: A place of business, industry or professional office with its furnishing and staff.
FAMILY: A single individual doing his own cooking and living upon the premises as a separate, independent housekeeping unit; or, a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth or marriage; or a group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit.
FLAMMABLE MATERIAL: Any material that will readily ignite from common sources of heat or material that will ignite at a temperature of six hundred degrees Fahrenheit (600°F) or less.
FLOOD AREA: The area included within the outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.
FLOOD YARD: A yard extending across the full length of a lot line and parallel to a street right of way.
FLOODPLAIN: The relatively flat or lowland area adjoining a river, stream, watercourse, lake or other body of standing water which has been or may be covered temporarily by floodwaters. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the army corps of engineers, 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.
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
GASOLINE SERVICE STATION: A building or premises in or on which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles.
GOLF COURSE (EXCLUDING MINIATURE GOLF): A large unobstructed acreage, involving enough room over which to walk or ride, point to point, over a generally prescribed course and to strive to send a ball long distances with variable accuracy without unreasonably endangering other players or intruding upon them. Minimum acreage: Nine (9) hole, fifty (50) acres; eighteen (18) hole, one hundred (100) acres.
GRADE: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GROSS FLOOR AREA (GFA): The total area in square feet of all floors of a building measured from exterior walls.
HOME OCCUPATION: Any use of a dwelling, conducted solely by a member or members of the household residing therein, which is incidental or subordinate to the main use of the building for dwelling purposes; which utilizes not more than twenty five percent (25%) of the floor space of the dwelling; which does not generate vehicular parking or nonresidential traffic to an extent significantly greater than would normally result from residential occupancy; and which does not produce or constitute objectionable or harmful substances or conditions, or operations.
HOTEL: An establishment that provides temporary lodging in guestrooms and in which meals, entertainment and various personal services for the public may or may not be provided.
LANDSCAPED AREA: Land set apart for the planting of grass, shrubs, trees or similar living plants. Such land may be used in an arcade, plaza or pedestrian area and include fences, walls or nonorganic displays as a part thereof.
LOT: A parcel of land, whether or not platted, in single ownership and not divided by a street.
LOT COVERAGE: The percentage of the lot area that is occupied by all covered structures.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: A line marking a boundary of a lot.
LOT LINE, FRONT: The property line dividing a lot from the right of way of a street. On a corner lot, the shorter street right of way shall be considered as the front line.
LOT LINE, REAR: The property line opposite the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line.
LOT OF RECORD: A lot which is 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.
MANUFACTURED HOME: A house built on a chassis designed and constructed for transportation to a site for permanent installation and use as a single-family dwelling when connected to required utilities and meeting the criteria established in chapter 20 of this title. May also be commonly referred to as "mobile home" or "modular home".
MINISTORAGE WAREHOUSE: A structure designed for the purpose of renting space to others for the storage of property and operated as a commercial business. Storage shall be within an enclosed building with interior space compartmentalized into individual units of rental space.
MOBILE HOME PARK: Any site or tract of land under single ownership upon which two (2) or more mobile homes for habitation are parked, either free of charge or for revenue purposes, supplying all utilities and services needed for year round dwelling; including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
MOTEL: A hotel which usually is arranged in such a manner that individual guestrooms are directly accessible from an automobile parking area.
MULTI-FAMILY DWELLING: Occupied by three (3) or more families.
NONCONFORMING USE, BUILDING AND LOT: Any legally existing use, building or lot which does not conform to the requirements of this title for the district in which it is located, either on the effective date hereof, or, as a result of any subsequent amendment thereto, and more specifically:
(A) A nonconforming use is any use within a building or upon a lot which does not conform to the "use" regulations of this title, including minimum size lot, minimum lot area per dwelling unit, usable open space or required off street parking.
(B) A nonconforming building is any building which does not conform to the minimum setbacks, maximum height or floor area ratio or maximum number of principal buildings on a lot.
(C) A nonconforming lot is any lot which does not conform to the minimum lot area or frontage upon a public street.
OBJECTIONABLE OR HARMFUL SUBSTANCES, CONDITIONS OR OPERATIONS: These include any use or operation which causes one or more of the following environmental problems:
(A) Creation of a physical hazard by fire, explosion, radiation or other cause to persons or property at or beyond the property line of the premises in question;
(B) Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground so as to contaminate any water supply, including underground water supply;
(C) Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin;
(D) Emission of smoke or gas which constitutes a hazard to the health, safety or welfare of any person;
(E) Fly ash, gas or dust which can cause hazard, damage or injury to persons, animals or plant life or to other forms of property at or beyond the property line of the premises in question;
(F) Creation or causation of any offensive odors or noise at or beyond any property line of the premises in question;
(G) Creation or maintenance of any distracting or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question;
(H) Any public nuisance.
ON PREMISES SIGN: A sign which advertises only goods, services, facilities, events or attractions available on the premises where located, or identifies the owner or occupant, or directs traffic on the premises. All other signs are off premises signs.
PLANNED UNIT DEVELOPMENT (PUD): A process of development by which tracts of land may be developed through an overall approach in conformance with the provisions of this title.
PREMISES: A lot as otherwise used in this title.
PRINCIPAL USE: The primary purpose or function that a parcel serves or is intended to serve.
PROFESSIONAL OFFICE: The office of a person or persons engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of any act founded thereon.
PUBLIC BUILDING: Any building held, used or controlled exclusively for public purposes by any department or branch of government (state, county or municipality) without reference to the ownership of the building or of the realty upon which it is situated.
REAR YARD: A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.
RECREATIONAL VEHICLE: Any pickup camper, motor home, travel trailer, or similar mobile unit designed specifically for recreation purposes.
RIGHT OF WAY: A strip of land for public purpose such as: utilities, roads, streets, pedestrian walkways, bicycle paths and alleys.
RINGELMANN NUMBER: A Ringelmann number is a number on the Ringelmann chart as standardized by the United States bureau of mines, used to measure the light obscuring capacity of smoke, with a higher Ringelmann number corresponding to denser smoke.
SALVAGE YARD: Any area used for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials, or for the collection, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.
SCHOOL, ELEMENTARY, JUNIOR AND SENIOR HIGH: Elementary, junior or senior high school includes any public, parochial or private school for any grades between first and twelfth that is either accredited by the Idaho department of education or recognized by and in good standing with the Idaho department of education for the purpose of compulsory education requirements.
SIDE YARD: An open unoccupied space within the lot between a side lot and the parts of the building, structure or outbuilding nearest thereto. Such side yard shall extend on both sides of the lot from the street line to the rear line of said lot.
SIGN: Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.
SINGLE-FAMILY DWELLING: Occupied by only one family.
SPECIAL REVIEW USE: Allowed use in any specific districts with approval of the board of adjustment.
TRAVEL TRAILER, CAMPER: A portable structure, mounted on wheels and drawn by a stock passenger automobile or designed to be loaded onto, or affixed to, the bed and chassis of a truck, or portable structure mounted on wheels and constructed with collapsible partial side walls of fabric, plastic or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational camping or travel use. The term "travel trailer" shall include units designed as "motor homes" or "camper buses".
TRAVEL TRAILER COURT: An area for a temporary parking of travel trailers and campers as defined in this section.
TWO-FAMILY DWELLING: Occupied by two (2) families.
VARIANCES: Deviations from the terms of this title as will not be contrary to public interest and owing to special conditions under which a literal enforcement of the provisions of this title would result in unnecessary hardship.
ZONING ADMINISTRATOR: A duly appointed officer of the city of Genesee charged with the administration and enforcement of the provisions of this title.
ZONING PERMIT: A permit issued by the administrator authorizing the construction, erection, remodeling, movement, structural alteration or similar work on a building or structure when such work is not in violation of any provision of this title or other applicable ordinances and regulations of the city of Genesee. (Ord. 230, 6-21-1976; amd. Ord. 260, 11-17-1980; Ord. 267, 5-4-1981; Ord. 271, 5-9-1983; Ord. 273, 7-11-1983; Ord. 276, 3-5-1984 Ord. 281, 11-4-1985; Ord. 324, 5-16-1994)