For the purpose of this title, certain terms are defined as set forth. All words in the present tense include the future tense; the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory.
ACCESSORY BUILDING: A building that is subordinate to, and incidental to the principal building on the same lot, but does not include any building containing a "dwelling unit" as hereinafter defined.
ACCESSORY USE: A use incidental and subordinate to the principal use of the same premises. Accessory uses must relate to the principal use of the property.
AGRICULTURE OR AGRICULTURAL ACTIVITIES: Tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses and commercial feedlots.
AIRPORT: Any area of land or water which is used or intended for use by aircraft and including the necessary accessory structures or facilities located thereon.
ANIMAL, AGRICULTURAL: Animals normally kept for commercial production and sale, utility, and/or family food production, not to include large animals.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care or treatment of cats, dogs, or other animals.
ANIMAL, LARGE: Including, and not limited to, animals to be considered, at maturity, "large" such as cattle, horses, donkeys, mules, llamas, alpacas, emus, and ostriches.
AUTOMOBILE SALES LOT: The premises on which new or used passenger automobiles, trailers, campers, boats, recreational vehicles, or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
AUTOMOBILE SERVICE STATION: The premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor motor vehicle repairs.
AUTOMOBILE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser.
BOARDING HOUSE: A building other than a hotel or restaurant where meals and overnight accommodations are provided for compensation to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's family.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, that is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, NONCONFORMING: Any building that does not conform to the requirements of this title, such as, but not limited to, setbacks, lot coverage, height, etc.
BUILDING, PUBLIC (GOVERNMENT): A building owned or used by the federal, state, county or city government, or any political subdivision, agency or instrumentality thereof.
BUSINESS OR COMMERCE: 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.
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction.
A. Exclusions: This use excludes the case of:
1. The operator's children or legal wards or children related by blood or marriage;
2. Occasional personal guests; and
3. Children aged twelve (12) years and over.
Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility.
B. Types: There are three (3) types of childcare facilities:
1. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are an accessory use to residential uses.
2. Group daycare facility: A childcare facility for seven (7) to twelve (12) children.
3. Daycare center: A childcare facility for thirteen (13) or more children.
CITY: The city of Glenns Ferry, Idaho.
CITY CLERK: The city clerk of the city.
COMMISSION: The planning and zoning commission of the city. The commission is declared to be also the zoning commission of the city.
COMPREHENSIVE PLAN: The comprehensive plan for the city officially adopted by the council as such.
CONDITIONAL USE: A use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
COUNCIL: The city council of the city.
DECIBEL: A unit of measurement of the intensity (loudness) of sound weighted to the A scale (dBA).
DRIVE-IN ESTABLISHMENT: An establishment, other than an automobile service station, that is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining in the vehicle, to make purchases or receive services.
DWELLING: A building, or a portion of a building, containing one or more dwelling units. The term dwelling does not include any "trailer", "motel", "camper", "recreational vehicle", or "boarding house" as defined by this section.
DWELLING, HIGH RISE MULTIPLE-FAMILY: A multiple-family building or portion thereof, containing five (5) or more stories and which may include off street parking facilities, and having at least one passenger elevator to serve the dwelling units.
DWELLING, SINGLE-FAMILY: A detached building designed for, and occupied exclusively by one family.
DWELLING UNIT: One or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
FENCE, OPEN VISION: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%).
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.
FLOOR AREA, NET: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms, provided however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
FRONTAGE: The portion of a lot, site, tract or parcel of land adjoining a public or private right of way and measured as a length along said road.
HEIGHT, BUILDING: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions:
A. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
B. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof.
C. No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use.
D. The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.
E. No persons outside family residents are employed.
F. Not more than one-fourth (1/4) of the gross area of one floor of said dwelling is used for such use.
G. No internal or external alterations or construction features not customary for residential dwellings are involved.
HOSPITAL: An institution specializing in giving clinical, temporary, or services of a medical or surgical nature to human patients and injured persons, and licensed by the state of Idaho to provide facilities and services in surgery, obstetrics, and general medical practices.
JUNKYARD: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of said cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof, on which three (3) or more dogs, cats or other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
LOADING AND UNLOADING SPACE, OFF STREET: An open off street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.
LOT: A unit of land described by metes and bounds or a portion of a recorded subdivision so recorded for transfer of ownership.
LOT, CORNER: A lot which is bounded on two (2) or more sides by street lines; where the angle of intersection does not exceed one hundred thirty five degrees (135°).
LOT COVERAGE: The area of a lot occupied by the principal building or buildings and all accessory buildings.
LOT LINE: The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot.
LOT, WIDTH: The horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.
MOTEL: A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodge, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists.
NONCONFORMING USE: Any use lawfully occupying a building, structure or land at the effective date hereof or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
NURSING HOME, CONVALESCENT HOME: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury, deformity, or requiring care because of old age.
OPEN SPACE: Any open area free from structures, including, but not limited to, parks, yards, playgrounds, beaches, waterways, and streets.
OUTDOOR ADVERTISING DISPLAY: A freestanding structure of any kind or character erected or maintained for directing attention, or for outdoor advertising purposes, which exceeds two hundred fifty six (256) square feet of gross sign area.
PARKING LOT: An open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE: Usable space within a public or private parking area or a building, not less than one hundred eighty (180) square feet (9' x 20'), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
PLAT: A map or representation of a subdivision or division of land into lots, blocks, and roads to be filed as a public document.
PRINCIPAL USE: The specific purpose for which a lot is arranged, intended, designed, occupied or maintained.
PROFESSIONAL OFFICE: An office primarily devoted to professional activities, including real estate, insurance or other agency offices; an office of an accountant, physician, teacher, dentist, engineer, lawyer or other recognized professional for which specific training and/or licensing is required.
PUBLIC UTILITY FACILITY: A public utility facility involving construction of facilities of a complex nature, including, but not limited to, station houses or grounds, pumping stations, power substations, dam structures, fire stations, telephone transmission stations, sewage disposal or storage stations, public libraries, railroad transportation lines or spurs, railroad classification yards, high voltage or high pressure transmission lines, or structures principally used in interstate transmission of electricity, natural gas, or fuel. The lot coverage, height and/or setback requirements for the zoning district in which such use is located may be waived where the city council finds the use will not significantly impair the use and enjoyment of surrounding property.
RECREATIONAL VEHICLE: A portable vehicular unit or structure used primarily for vacations, extended travel, camping, and sports. Recreational vehicles (RVs) may be self-propelled or towed. RVs may include, but are not limited to, motor homes, converted buses, pickup campers and travel trailers.
RECREATIONAL VEHICLE PARK: A plot of land upon which four (4) or more recreational vehicles are located, established or maintained for occupancy of recreational vehicles by the general public as temporary living quarters for recreation or vacation purposes with a parking limit of six (6) months (with exception).
REST HOME, ELDERLY HOUSING: Places where housing is provided to the elderly; however, medical care is not administered.
RESTAURANT: Any land, building or part thereof, other than a boarding house or bed and breakfast, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.
RETAIL: The selling of goods to ultimate consumers for personal or household consumption.
SCHOOL: An organization specializing in the instruction of students.
SCHOOL, ACADEMIC: An accredited school specializing in the instruction of students in kindergarten through twelfth grade.
SCHOOL, PUBLIC: A free, tax supported school controlled by a local government authority.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map.
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.
SIGN, ON PREMISES: A freestanding sign advertising or identifying an on premises use or business.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor elevation directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
STREET: A public or private right of way which provides vehicular and pedestrian access to adjacent properties. The term "street" includes the terms "highway", "thoroughfare", "road", "avenue", "boulevard", "lane", "place" and other such terms.
STREET, PUBLIC: A city, county, state or federal owned right of way constructed for vehicular transportation.
STRUCTURE: Anything constructed or erected, except fences, not exceeding three feet (3') in height, which requires permanent location on the ground or is attached to something having location on the ground.
STRUCTURE, NONCONFORMING: See definition of Building, Nonconforming.
SUBDIVISION: The division of land into lots, parcels, tracts, or sites for purposes of sale or lease, whether immediate or future, and shall include a redivision of land or future division.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises not including restaurants where the principal business is serving food.
TRAILER: Any vehicle designed to be towed or transported by another vehicle. The term "trailer" does not include mobile homes that exceed ten feet by fifty feet (10' x 50').
TRAILER PARK: A mobile home park.
USE, NONCONFORMING: See definition of Nonconforming Use.
VARIANCE: A modification of the bulk requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
YARD: An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
YARD, FRONT: The yard extending across the full width of the lot adjacent to the front street line.
YARD, REAR: The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE: The yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard.
ZONING COMMISSION: The planning and zoning commission (see definition of Commission). (Ord. 487, 7-23-2002; amd. Ord. 490, 9-3-2002; 2004 Code; Ord. 523, 5-8-2007; Ord. 531, 7-8-2008)
Notes
| 1 | 1. See section 11-3-5, last paragraph, of this title. |