Words not defined herein shall be given the meanings ordinarily applied to such words.
The word "structure" shall include the word "building"; and the word "lot" shall include the word "plot".
ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonable, necessary and incidental to the conduct of the primary use of such building or to the main use.
ACREAGE: Any tract or parcel of land which has not been subdivided or platted.
ALLEY: A street or way shown on the official plat of the City or its additions and designated thereon as all alley.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.
AUTO WRECKING OR JUNK YARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operating condition, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.
AUTOMOBILE: A passenger vehicle.
AUTOMOBILE REPAIR: General repair, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.
AUTOMOBILE SERVICE STATION: An establishment where automotive fuels and lubricants, accessories and services are sold at retail; however, where the sale of such is only incidental the establishment or premises shall be classified as public garage.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.
BED AND BREAKFAST FACILITY: A dwelling in which overnight accommodations are provided or offered to transient guests, which accommodations may or may not include meals.
BILLBOARD: Any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or a sign advertising the sale or lease of the premises on which the sign is located.
BOARDING HOUSE: Building other than a hotel or restaurant, where meals are provided for compensation for four (4) or more persons, but not exceeding twelve (12) persons.
BUILDING: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.
BUILDING AREA: The buildable area of a lot is the space remaining after adherence to the minimum open space required of the Chapter.
BUILDING HEIGHT: The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof, provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE: For the purpose of this Chapter the building line is the same as a front yard setback line.
CARPORT: A structure attached or made a part of the main structure which is open to the weather or at least two (2) sided, intended for the use of sheltering not more than two (2) motor driven vehicles.
CONDITIONAL USES: The following uses of land or structures, or both may be permitted within any use district subject to the provisions of Section 10-10-1 of this Title:
A. Specific Uses:
Bed and breakfast facilities.
Bus terminal, railroad passenger station or any other transportation terminal facilities.
Cemeteries, crematories or mausoleums.
Churches and accessory buildings used for religious teaching.
Extraction of gravel, sand or other raw materials.
Florist shops and greenhouses.
Golf courses, public or private.
Hospitals or sanatariums.
Libraries and museums.
Municipal or privately owned recreation buildings or a community center.
Nursery schools, day nurseries and childcare centers.
Parking area, public.
Police stations, fire stations or place for storage of Municipal equipment.
Public administration building, auditorium, gymnasium or any other publicly owned structure.
Public or private park or playground including rodeo and sport arenas and grounds.
Public utility facilities, for example filtration plant or pumping station, heat or power plant, transformer station and other similar facilities.
Radio and television antenna towers, commercial.
Railroad right of way.
Schools, public or private.
Telephone exchange.
Undertaking establishments.
B. General Uses: Any other use of property which would be considered an exception, and thus a conditional use, to any use district may be permitted on such terms and conditions as the City Council deems appropriate, provided that the standards pursuant to Section 10-10-3 of this Title, as amended, are complied with.
COURT: An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.
CURB GRADE: The established elevation of the curb measured at the center of the front of a building. Where no curb grade has been established, the City shall establish such curb level or its equivalent for the purpose of this Title.
DISTRICT: A section or sections of the incorporated area of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
DWELLING: A building or portion thereof, including mobile homes, recreational vehicles, and manufactured homes, as defined in this Title, designed exclusively for residential occupancy, including one single-family dwelling, two-family and multiple dwellings, but not including hotels, boarding houses and lodging houses.
DWELLING, MULTIPLE: A building or portion thereof designed for occupancy by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY: Includes that definition provided in Idaho Code, 67-6531, Single-Family Dwelling.
A. For the purpose of any zoning law, ordinance or code, the classification single-family dwelling shall include any home in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside; and which is supervised;
B. Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped or elderly persons residing in the home.
C. No more than two (2) of such staff shall resided in the dwelling at any one time.
DWELLING, TOWNHOUSE: A row of three (3) to six (6) attached one family dwellings, not more than two and one-half (21/2) stories in height, nor more than two (2) rooms deep.
DWELLING, TWO-FAMILY: A building or portion thereof designed for occupancy by two (2) families living independently of each other.
DWELLING UNIT: One or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes.
ESTABLISHED GRADE: The sidewalk line grade at the front lot line as established by the engineer.
FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling unit.
FRONTAGE: All property on one side of a street between two (2) intersecting streets, or natural barriers.
GARAGE, PRIVATE: An accessory building for the storage of not more than three (3) motor-driven vehicles of which not more than one shall be a commercial vehicle or not more than two (2) ton capacity.
GARAGE, PUBLIC: A building other than a private garage used for the care, repair or equipment of automobiles, or for vehicles parked or stored for remuneration, hire or sale.
GUESTHOUSE: A structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.
HOME OCCUPATION: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be home occupations and thus, if allowed, would require a conditional use permit.
HOSPITAL OR SANITARIUM: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.
HOTEL: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provisions are made for cooking in any individual room or suite.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.
KENNEL: Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.
LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not to be permitted within this definition.
LOADING SPACE: An off-street space or area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of access.
LODGING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.
LOT: A parcel or plot of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this Title, and having its principal frontage upon a public street or highway.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets.
LOT, DEPTH: The horizontal distance between the front and rear lot lines.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street, and for a corner lot the front shall be the shorter lot boundary along a street.
LOT, INTERIOR: A lot other than a corner lot.
LOT, REVERSED CORNER: A corner lot the rear of which abuts upon the side of another lot whether across an alley or not.
LOT, WIDTH: The horizontal distance between the side lot lines.
MANUFACTURED HOME: A dwelling unit manufactured and installed with the following characteristics:
A. Mass produced at a factory;
B. Built on a permanent metal chassis which is designed and constructed for transportation to a site for installation and use as a dwelling when connected to required utilities;
C. Properly connected to sewer, water and electrical service;
D. Designed for long term residential use by a family containing kitchen, bath, living and sleeping facilities;
E. Square Footage Requirements:
1. Double wide or greater, multi-sectional with a minimum total square footage equal to one thousand (1,000) square feet.
2. Singlewide, manufactured home, a single section, containing not less than six hundred fifty (650) square feet;
F. Manufactured on or after June 15, 1976, and certified as meeting the manufactured housing construction safety standards of the United States department of housing and urban development;
G. Has a colored, noncorrugated, metallic, wood shake, shingle, asphalt shingle or similar type roof with a minimum pitch of two to twelve (2:12) (pitch to run);
H. Has an eave of a minimum of six inches (6"), or an eave and gutter combination with a minimum of six inches (6") attached to the entire drainable perimeter of the roof;
I. Has horizonal metal lap siding, simulated wood siding, or wood siding similar to permanent residential structures;
J. Has, when completed, a foundation that complies with the Idaho Manufactured Home Installation Standard as established by State of Idaho Division of Building Safety. If a manufactured home is located within residence A zone, it must have a permanent foundation, however, the pressure treated wood foundation option shall not be used.
MOBILE HOME:
A. Constructed after June 15, 1976: A structure similar to a manufactured home, but built prior to the federal manufactured housing and safety standards, the HUD code, applicable to such structures. A dwelling unit manufactured and installed with all the following characteristics:
1. Mass produced in a factory;
2. Built on a permanent metal chassis which is designed and constructed for transportation to a site for installation and use when connected to required facilities;
3. Properly connected to sewer, water, and electrical services;
4. Designed for long term residential use by a family containing kitchen, bath, living, and sleeping facilities; and
5. Does not meet all of the definitional characteristics set forth in subsections E through J of the "manufactured home" definition of this section.
B. Produced prior to June 15, 1976: A dwelling unit manufactured and installed with all the following characteristics:
1. Mass manufactured in a factory;
2. Built on a permanent metal chassis which is designed and constructed for transportation to a site for installation and use when connected to required facilities;
3. Properly connected to sewer, water, and electrical services;
4. Designed for long term residential use by a family containing kitchen, bath, living, and sleeping facilities;
5. Does not meet all definitional characteristics of the "manufactured home" or the post June 15, 1976, mobile home defined herein.
MODULAR BUILDING: Any building or building component other than a manufactured or mobile home, which is constructed according to standards contained in the uniform building code as adopted by the state of Idaho or any amendments thereto which is of a closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
Approved modular buildings will have affixed factory built housing or commercial coach insignia tags issued by the state of Idaho or other state of manufacture as evidence of approval.
Commercial coach buildings shall not be used for dwelling purposes.
NONCONFORMING USE: A use which lawfully existed prior to the enactment of this zoning ordinance and which may be maintained after the effective date hereof, although it does not comply with the use restrictions applicable to the area.
NURSING HOME OR REST HOME: A private hospital for the care of children, the aged or infirm or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
PARKING AREA, PRIVATE: An open area for the parking of privately owned automobiles and not for public use.
PARKING AREA, PUBLIC: An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE: An area, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile.
PLANNING AND ZONING COMMISSION 1 : A committee appointed by the mayor with the approval of the city council composed of not less than five (5), nor more than twelve (12) voting members, at least two (2) of whom shall be residents of the area of city impact, and one of whom shall be a member of the city council.
PORCH: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open in part to the weather.
SIGNS, OUTDOOR ADVERTISING: A sign of any type or material, installed any place for outdoor advertising purposes.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above, then the space between such floor and the ceiling next above.
STRUCTURAL ALTERATIONS: A change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTURE: Anything constructed or erected, either on the ground or on something having location on the ground.
TERRACE, OPEN: A level and rather narrow plane or platform which for purposes of this title, is located adjacent to one or more faces of the main structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.
USE: The purpose for which land or a building is intended, designated, arranged or maintained.
YARD: An open space unoccupied and unobstructed from the ground upward on the same lot with a main building, except as otherwise provided in this title.
YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear line of the lot and the rearmost line of the principal building.
YARD, SIDE: That part of the yard lying between the main building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard. (Ord. 685, 7-8-1996; amd. Ord. 799, 5-15-2006; Ord. 940, 11-18-2019)
Notes
| 1 | 1. See title 2, chapter 1 of this code. |