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 which 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 premises.
AGRICULTURE: Tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, commercial feedlots.
AIRPORT: Any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.
ANIMAL UNIT: Animal unit refers to a measure of numbers of livestock equivalent to a mature animal. It is used to calculate the amount of pasture space and animal feed. As set by resolution.
ANIMALS FOR FAMILY FOOD PRODUCTION: Animals generally and commonly used in the City of Grace for human consumption (including cattle, sheep, poultry, rabbits, and fish) that are raised with the intent to supply food for those who raise them.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has a kitchen and sanitary facilities permanently installed.
AUTOMOBILE SALE LOT: Premises on which new and used passenger automobiles, trailers, mobile homes 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: 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 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 openings, which 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 which does not conform to the requirements of this title.
BUILDINGS, 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.
CITY: The City of Grace, Idaho.
CITY CLERK: The City Clerk of the City.
COMMERCIAL LIVESTOCK OPERATION: In the Agricultural Zone, any lot or portion thereof where livestock are maintained, harbored, possessed, boarded, bred or cared for either in return for compensation, kept for sale or trade, or wherein animal byproducts are sold or traded. This does not allow concentrated animal feeding operations (CAFO) as set forth in 67-6529C Idaho Code.
COMMISSION: The Planning-Zoning Commission of the City. The Planning Commission is declared to also be 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.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DOMESTIC ANIMALS: Dogs, cats, guinea pigs, hamsters or other small animals commonly kept for companionship purposes and as common within the City of Grace.
DRIVE-IN ESTABLISHMENT: An establishment other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such a manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
DWELLING: A building, or portion thereof, containing one or more dwelling units. The term dwelling does not include any trailer, motel, hotel, guest house or boarding house as defined herein.
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, MULTIPLE-FAMILY: A multiple-family building, or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family. Single-family dwellings may include manufactured homes, so long as they are constructed according to HUD/FHA construction and safety standards, are transportable in one or more sections, which in the traveling mode shall be eight body feet or more in width, and forty body feet or more in length (8' x 40'), built on a permanent chassis, and designed to be used as a dwelling. In order to qualify for the status of "single-family dwelling", a manufactured home must meet the following minimum standards:
(A) Mass produced in a factory.
(B) Designed and constructed for transportation to a site for installation and use when connected to required utilities, and be permanently connected to City utilities.
(C) Built on a permanent chassis.
(D) Designed for long-term residential use by a family, containing a kitchen, bath, and sleeping facilities.
(E) Be at least twenty feet (20') wide at the narrowest point, with a minimum of five hundred (500) square feet per section. The total square footage minimum shall equal one thousand (1,000) square feet.
(F) Shall be certified as meeting the Construction and Safety Standards of the U.S. Department of Housing and Urban Development.
(G) Have nonmetallic, wood shake or asphalt shingle roof with a minimum pitch of 2:12 (2" of rise to 12" of run).
(H) Have eaves of a minimum of six inches (6") or an eaves and gutter combination with a minimum of six inches (6") attached to the entire perimeter of the roof.
(I) Have on site home style siding, including metal horizontal metal lap siding, simulated wood siding, or wood siding.
(J) Be placed upon and permanently affixed to a permanent cement foundation of the type which would be poured and constructed for a home built on site with running gear and towing hitch removed. No metal skirting shall be allowed. No gaps or openings shall appear between the bottom of the manufactured home and the permanent foundation. Said permanent foundation shall be constructed in accordance with section 44-2205(2), Idaho Code, System B, and in accordance with section 44-2205(3), Idaho Code. The owner or installer of a manufactured home shall also comply with all other provisions of chapter 22, title 44, Idaho Code, where applicable.
(K) Be taxed as real property.
Modular homes, which are constructed according to standards contained in the Uniform Building Code and of closed construction, which are entirely or substantially assembled at a place other than the building site shall also be included within the definition of "single- family dwelling", so long as they meet, at a minimum, the Uniform Building Code standards, and all related fire, electrical, plumbing, and safety codes, and so long as they also meet the minimum specifications as required for manufactured homes set forth herein.
Mobile homes, manufactured homes or modular homes not meeting these minimum standards shall not be allowed in any zone except those specifically permitting mobile homes as permitted use.
DWELLING, TWO-FAMILY: A detached building designed for and occupied exclusively by two (2) families living independently of each other.
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.
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 packing space, dressing or restrooms 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.
HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor".
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 height gable of 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 a 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 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) The use creates no additional traffic and requires no additional parking space.
(F) No persons are employed other than those necessary for domestic purposes.
(G) Not more than one-fourth (1/4) of the gross area of one floor of the said dwelling is used for such use.
(H) The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved.
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 used 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 and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
LIVESTOCK: Animals kept outside the home in enclosures such as pens, barns, or corrals. The term includes cattle, llamas, mules, swine, sheep, goats, rabbits, poultry, domestic birds, and any other grazing or foraging animal except those defined as pets.
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 part 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 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 or 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.
MOBILE HOME: A detached single-family dwelling unit with all the following characteristics:
(A) Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems.
(B) Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels.
(C) Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.
MOBILE HOME PARK: Any area, tract, plot or site of land, whereupon two (2) or more mobile homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment of such use is collected by or collectible to the person holding the land.
MOBILE HOME SUBDIVISION: A subdivision of land, as defined by the ordinance of the City for the exclusive placement of mobile homes for single-family residential dwelling provided each mobile home shall have a minimum size of six hundred (600) square feet and provided that all mobile homes placed upon said lots shall be placed upon a masonry foundation and the tongue, undercarriage and wheels shall be removed from said mobile home upon placement.
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 lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists.
NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of this title.
NONCONFORMING USE: Any use lawfully occupying a building, structure or land at the effective date of this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect or interrupting the quiet enjoyment of the property of another person or to the community.
NURSERY SCHOOL: An institution providing care, with or without instruction, for more than five (5) children of preschool age.
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.
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 building, not less than one hundred eighty (180) square feet (9 feet by 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
PETS: Pets are animals commonly used for companionship in the City of Grace that may be kept indoors, though pets may also be kept outdoors. Pets are dogs, cats or small pets kept indoors that are allowed in R-1 (Residential), R-2 (Residential), Commercial.
POULTRY: Domestic fowl, such as chickens, turkeys, ducks, and geese. Poultry is kept for the primary purpose of production of eggs for supply of food for those who raise them.
RECREATIONAL VEHICLE PARK: A tract of land as more fully defined by City ordinance.
REST HOME, ELDERLY HOUSING: Where medical care is not administered.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.
SETBACK AREA: The space on a yard/lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard/lot requirements of this title, or by delineation on a recorded subdivision map. If the building or structure to be located on property has steps, window wells or other protrusions which extend from the foundation or bottom of the structure into a side yard/lot, the measurement for setbacks within side yards/lots shall be from the face of the protrusion extending farthest into said side yard/lot.
SIGN: Any structure or natural object, such as 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 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.
SMALL ANIMALS: An animal commonly kept as a pet in family household in the U.S. including but not limited to poultry, domestic hens/birds (excluding roosters), ducks, as determined by the City Council.
START OF CONSTRUCTION: The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
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 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: A public right-of-way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the Council. The term "street" includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place and other such terms.
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.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
(A) Before the improvement or repair is started, or
(B) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
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" includes a mobile home. (See definition of mobile home.)
TRAILER PARK: A mobile home park. (See definition of mobile home park.)
VARIANCE: A modification of the requirements of the ordinance 1 as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height or buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
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 Commission.
ZONING MAP: The map incorporated into this title designating the use district zones. (Ord. 207, 3-17-1987; amd. Ord. 225, 4-13-1993; Ord. 2012-294, 2-1-2012; Ord. 2015-4, 8-5-2015; Ord. 2018-4, 11-7-2018)
Notes
| 1 | 1. Zoning ordinance, this title. |