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Words in the present tense include the future tense; words in the singular number include the plural, and words in the plural number include the singular; the word "shall" is mandatory and not discretionary, and the word "may" is permissive.
In interpreting the words contained in this title, terms include both singular and plural forms; i.e., building includes buildings. Except where otherwise indicated, terms include their derivatives; i.e., adjacent includes adjoining. Any dispute about the meaning of a term shall be resolved using the appeals procedure found in sections 8-10-5 and 8-10-9 of this title.
ACCESSORY: Accessory buildings and uses are those customarily associated with, and clearly subordinate to, a principal building or use. One single-family dwelling located on a commercial or industrial property, and occupied by the owner, a manager or a guard, shall be considered a customary accessory use.
ADJACENT: Includes all lots or parcels that directly border the lot or parcel on which a development is proposed, and all lots or parcels separated from that lot or parcel by only a public or private easement or right of way, including roads, railroads and irrigation canals.
ADMINISTRATOR: The city employee or contractor responsible for the administration of this title.
AFFECTED PERSON: A person or legal entity having an interest in real property which may be adversely affected by city action.
AGRICULTURE: Agricultural lands are land uses suitable for farming and agricultural pursuits. Agriculture pursuits are the tilling of soil, horticulture, floriculture, forestry, viticulture, raising crops, livestock, farming, dairying and animal husbandry including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, fertilizer works, bone yards and commercial feedlots.
AMENDED PLAT: A plat that has minor corrections or modifications.
BOCC: The Kootenai County board of commissioners, the county's chief elected officials.
BUFFER: Two (2) different kinds of buffers are required by this title: Subsection 8-3A-4B of this title requires stream and lakeshore buffers, which are minimally disturbed areas of a specified width (see subsection 8-3A-4B, table 1 of this title) along streams or the lakeshore. Section 8-3B-6 of this title requires landscaped buffers, which are landscaped areas of a specified width (see subsection 8-3B-6B, table 3 of this title) surrounding certain uses.
BUILDING: As used in this title, refers to any structure.
BUILDING BULK: The bulk of buildings may be measured and compared in terms of floor area ratio (the ratio of the total area of floors on all levels in the building to the total area of the lot or parcel on which it is located) and/or total volume enclosed within the building.
BUILDING HEIGHT: See definition of Height.
CERCLA: The comprehensive environmental response, compensation and liability act, the federal superfund legislation: 42 USC 9601-9675, as amended, and as it may be amended (includes SARA, the superfund amendment and reauthorization act of 1986).
CERTIFICATE OF COMPLIANCE: A certificate of compliance is issued upon the completion of a use or building and any accompanying improvements required by this title. See subsection 8-10-2H of this title.
CITY COUNCIL: The elected governing board of the city of Hauser.
CLEAN WATER ACT: 33 USC 1251-1387, as amended, and as it may be amended.
CLEAR VISION TRIANGLE: A triangular area in which objects that would block the vision of drivers at an intersection or driveway are prohibited.
CLUSTER: A pattern of development designed to concentrate building on the most suitable sites and preserve open space. Buildings concentrated together in specific areas to minimize infrastructure and development costs while achieving the allowable density. Allows the preservation of natural open space for recreation, common open space and preservation of environmentally sensitive features. See section 8-3E-4 of this title.
COMMERCIAL: The "general commercial zone" is a land use classification for a district suitable for wholesale and retail sales and services. Any use that includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard shall be considered industrial.
COMMERCIAL RESORT: A privately owned, outdoor recreation area operated for profit. A commercial resort may include permanent facilities for overnight or seasonal living, camping areas, recreational vehicle parks, and limited commercial activities associated with convenience goods and services that serve to enhance the primary recreational use or activity. A commercial resort requires a class II permit and shall meet the following minimum standards:
A. Minimum Contiguous Area: Five (5) acres.
B. Permitted Activities: Activities permitted must be compatible with the recreational activities of a resort and may include outdoor facilities for swimming, boat launching, boat rentals, fishing, camping, picnicking, skiing, snowmobiling, lawn tennis, volleyball, badminton, golf, and horseback riding. Other outdoor activities not specified may be permitted only if the activities are a part of the operation of a resort.
C. Limited Commercial Uses: Limited commercial uses are permitted as accessory uses and are incidental to the overall operation of the resort. Limited commercial uses that are permitted in a commercial resort must meet the class II performance standards. Limited commercial uses permitted may include, but are limited to, uses that are associated with the operation of the resort: convenience food store, restaurant, bar, retail fuel service, recreational vehicle park (see definition of Recreational Vehicle Park Performance Standards herein), motel, hotel, camping facility, laundry facility, retail sales shops for sporting equipment, souvenirs, and art and handicraft items associated with the operation of the resort.
D. Prohibited Uses: General commercial wholesale and retail sales and services not directly associated with the activities of a commercial resort are prohibited.
E. Conditions: The city may attach such reasonable conditions as the record indicates may be necessary to visually screen, control dust, manage traffic, buffer adjoining uses, or to mitigate effects on water and air quality.
COMMISSION: The Hauser planning and zoning commission established by section 8-10-1 of this title.
COMPATIBILITY: Land uses need not be identical to be compatible, but must be sited, designed, constructed and used in such a way that the normal functions and operation of neighboring uses do not seriously conflict, and so that their appearance is harmonious.
COMPLIANCE: For the purposes of this title, "compliance" means that a development: a) complies with all of the performance standards of chapter 3 of this title; b) where applicable, meets all conditions imposed on its approval, or the approval of a larger project of which it was a part; and c) where applicable, meets all conditions of a development agreement executed as provided in subsection 8-4-4B of this title.
COMPREHENSIVE PLAN: The Hauser Lake comprehensive plan, as amended, and as it may be amended.
COVERAGE: This title refers to two (2) types of coverage: impervious coverage is the percent of a lot or parcel that is covered by rooftops, paved roads and other surfaces that prevent the direct infiltration of precipitation or runoff into the soil (see section 8-3E-5, table 5 of this title); lot coverage is the percent of a lot or parcel covered by structures.
CURRENT DESIGN STANDARDS: For the purposes of this title, the most recent standards promulgated by the Panhandle district health department and DEQ.
DEQ: The department of environmental quality, Idaho department of health and welfare.
DEVELOPMENT: Used as a generic term covering any and all activities for which a permit is required by this title. The "developer" is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for all proceedings required by this title.
DWELLING: A building whose primary use is for residential purposes, including single-family, two-family, and multi-family structures, but not including hotels, motels, and boarding houses.
DWELLING, MULTIPLE-FAMILY: A building, or a portion thereof, containing at least three (3), but not more than four (4), dwelling units.
DWELLING, SINGLE-FAMILY: See definition of Single-Family Dwelling.
DWELLING, TWO-FAMILY, OR DUPLEX: A site built structure containing two (2) dwelling units which have either: a) a common interior wall or b) a common roofline with a common exterior wall.
DWELLING UNIT: One or more rooms physically arranged so as to create a habitable housekeeping unit that includes sleeping, eating, and sanitary facilities for occupancy by one family.
FILL: A solid material which increases the ground surface elevation or the act of depositing such material by mechanical means.
FINISHED GRADE (FINAL GRADE): The finished surface of the ground after grading for development is completed.
FLOODPLAIN: This term is synonymous with "special flood hazard area", as defined in section 8-6-2 of this title.
GRADING: Any movement of earth for the purposes of changing the shape or topography of the land. Movement of earth includes, but is not limited to, grading, fill, and redistribution of earth.
GROUP HOMES: For the purpose of any zoning law, ordinance or code, the classification "single-family dwelling" shall include any group residence in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and who are supervised at the group residence in connection with their handicap or age related infirmity. 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 group residence. No more than two (2) of such staff shall reside in the dwelling at any one time.
HAZARDOUS MATERIALS: As defined in section 8-3A-3 of this title.
HEIGHT: The vertical distance measured from the average finish grade of the building site, as determined from the highest and lowest point of that portion of the lot covered by the building, to the highest point of the roof, and subject to all provisions of subsections 8-3C-1C and 8-3C-3B of this title.
HOME OCCUPATION: A commercial activity conducted in a dwelling or a building accessory to a dwelling. Home occupations, by definition, comply with the performance standards of section 8-3B-4 of this title.
IBC: The international building codes 1 , published by the International Conference Of Building Officials.
IDAHO LAKE PROTECTION ACT: Idaho Code 58-1301 et seq.
IDAHO STREAM CHANNEL PROTECTION ACT: Idaho Code 42-3801 et seq.
LARGE SCALE DEVELOPMENT: A project that will contain thirty (30) or more residential lots or units.
LIGHT INDUSTRIAL: The "light industrial zone" is a land use classification for a district suitable for manufacturing and processing of a nonnuisance character. The purpose of the light industrial zone is to encourage the development of manufacturing and wholesale business that is clean, quiet, and free of noise, odor, dust, and smoke. Any use that includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard shall be considered industrial. Light industrial uses are allowed in the Rathdrum Prairie zoning district.
LIVESTOCK: Large livestock are cows, horses, pigs, sheep, goats or other animals in excess of fifty (50) pounds, with the exception of dogs not bred for commercial purposes. Small livestock are rabbits, birds and other animals less than fifteen (15) pounds, with the exception of dogs not bred or boarded for commercial purposes.
LOT: Used as both a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.
LOT SPLIT: The creation of any parcel of land of less than one hundred sixty (160) acres but more than ten (10) acres for the purpose of sale, lease, rental or development. Incremental and multiple lot splits to avoid subdivision regulations as defined in subsections 8-3C-6B and C of this title are prohibited.
MANUFACTURED HOME: A manufactured single-family dwelling located outside of a mobile home park that shall meet the criteria delineated below:
A. The manufactured home shall be multisectional and enclose a space of not less than one thousand (1,000) square feet;
B. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve inches (12") above grade, except when placed on a basement foundation;
C. The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet (3') in height for each twelve feet (12') in width;
D. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority;
E. The manufactured home shall have a garage or carport constructed of like materials if zoning development codes would require a newly constructed nonmanufactured home to have a garage or carport.
MINIMIZE: To demonstrate that no alternative plan for the proposed development will result in a smaller impact.
MINOR UTILITY INSTALLATION: Includes cable television, electric power and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Other utility installations are industrial uses.
MOBILE HOME: A factory assembled structure or structures constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. Mobile homes are limited to existing mobile home parks and shall meet current electrical, mechanical and plumbing standards.
MOBILE HOME PARK, EXISTING: A mobile home park that was in existence prior to July 26, 1993, and has been in continual operation since July 26, 1993. These parks are defined as any area or site or land upon which two (2) or more mobile homes or manufactured homes are placed and maintained for dwelling purposes, either on a permanent or semipermanent basis.
A. Agency Approval: All existing and future mobile home parks and proposed expansions thereto shall have the approval of applicable agencies, including, but not limited to: Panhandle health district for sewage disposal, the Hauser fire district for emergency services, access and water availability, Post Falls highway district for access onto highway district roads, U.S. army corps of engineers in or adjacent to a designated wetlands, lakeshore or stream corridor and the department of lands as applicable.
NONCONFORMING: A nonconforming use or building in compliance with the regulations that existed at the time of its development, but would not comply with this title if submitted for approval after the effective date hereof. The degree of nonconformity is the measured extent to which an existing building or use fails to comply with the requirements of this title. For example, the degree of nonconformity of a parking lot that has four (4) spaces, but serves a use requiring nine (9), is five (5) parking spaces. No change in the nonconforming building could be permitted that would reduce the number of parking spaces, because that would increase the degree of nonconformity.
NOTICE OF VIOLATION: A notice of the existence of any violation of any provision of this code to which these rules pertain, issued by the administrator.
OCCUPANCY: The use of a building or lot.
OPEN SPACE: Undeveloped land left in its natural state with passive recreational uses as a secondary objective. Open space may be maintained under the authority of a municipality, nonprofit conservation organization, land trust, homeowners' association or an individual. Open space shall contain the following features:
A. Areas free from structures.
B. Areas that limit the amount of impervious surfaces.
C. Areas that shall have native vegetation to encourage wildlife habitat.
D. Areas prohibiting motorized activity.
OUTDOOR MATERIAL HANDLING OR STORAGE: Stockpiling, storage, processing or packaging of materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and that is visible from a public street.
PLAT: The legal map describing a subdivision.
PUBLIC SERVICE PROVIDER: A "potentially affected public service provider" is any local agency, including special districts, that provides any public facility or service that may possibly be affected by a proposed development. State law specifically states that school districts are potentially affected public service providers.
RECREATIONAL VEHICLE: A vehicle used for temporary recreational or emergency living quarters. More specifically, recreational vehicle means a motor home, fifth wheel, park trailer, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. The term recreational vehicle shall not include pickup hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles. Specific classes of recreational vehicles are defined as follows:
A. The term "motor home" shall mean a vehicular unit designed to provide temporary living quarters, built into an integral part of or permanently attached to a self-propelled motor vehicle chassis. The vehicle must contain permanently installed independent life support systems which meet the American National Standards Institute (ANSI) A119.7 standard for recreational vehicles, and provide at least four (4) of the following facilities: cooking, refrigeration or icebox, self-contained toilet, heating and/or air conditioning, a portable water supply system, including a faucet and sink, separate 110-125 volt electrical power supply and/or LP gas supply.
B. The term "travel trailer" shall mean a vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.
C. The term "fifth wheel trailer" shall mean a vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bilevel floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth wheel hitch, which is typically installed in the bed of a pickup truck.
D. The term "park trailer" shall mean a trailer designed to be towed by a motorized vehicle, and of such size and weight as not to require a special highway movement permit. It is designed for seasonal or temporary living quarters and may be connected to utilities necessary for operation of installed fixtures and appliances. It is built on a single permanent chassis and constructed to permit setup by persons without special skills.
E. The term "fold down camping trailer" shall mean a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.
F. The term "truck camper" shall mean a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and containing at least one of the following facilities: stove; refrigerator or icebox; self-contained toilet; heater or air conditioner; potable water supply including a faucet and sink; separate 110-125 volt electrical power supply; or LP gas supply.
For purposes of this chapter recreational vehicles on private property outside of a recreational vehicle park shall meet the following standards:
A. The recreational vehicles shall have current registration and shall be in serviceable condition so it can be operated in a safe and lawful manner upon the roads and highways in the state of Idaho as set forth in the Idaho motor vehicle laws of the state of Idaho. The RV shall not be set on blocks with the tires or running gear removed.
B. No decks or additions shall be attached to the RV, nor shall the RV be skirted.
C. The RV shall not be used as a dwelling. The owners must have a primary residence other than the RV. There shall be no mail service to this type of use. An RV may be used as a dwelling for the owners of the property during construction of a dwelling on the same property as the RV site. Upon completion of the residence or expiration of the building permit for the residence, the use of the RV shall revert to the temporary or intermittent use as allowed under this provision.
D. The RV must be hooked into a sewage disposal system which meets the requirements of the Panhandle health district, or shall be either totally self-contained and removed from the site to empty holding tanks at an approved location as necessary, or have a contract for sewage pumping service to avoid spills. Unlawful sewage disposal shall result in an infraction that will be assessed against the property owner.
E. The RV shall not be used as a rental property.
F. RVs located in floodplains must comply with chapter 6, "Flood Damage Prevention", of this title.
G. A class I permit that may be subject to conditions of approval is required for recreational vehicles that are temporarily located on private property that are:
1. The second or additional recreational vehicle(s) on the property.
2. On the property more than fourteen (14) consecutive days.
RECREATIONAL VEHICLE PARK: These parks are any area or site or land upon which two (2) or more recreational vehicles as defined by Idaho Code title 63 are placed and maintained for dwelling purposes on a temporary recreational or emergency basis. All recreational vehicle parks shall be required to meet class II permit procedures and performance standards. Any expansion of an existing nonconforming park that existed prior to July 26, 1993, shall be required to meet class II permit procedures and performance standards.
RECREATIONAL VEHICLE PARK PERFORMANCE STANDARDS: A. Intent: The intent of these standards is for temporary, emergency or recreational living quarters and not permanent or year round housing. Recreational vehicle parks require a class II permit.
B. Accessory Uses: Management headquarters, recreational facilities, toilets, dumping stations, coin operated laundry facilities, and other convenience establishments are permitted as accessory uses incidental to the operation of the recreational vehicle park.
C. Separation Requirement: Recreational vehicles shall be separated from each other and from other structures by at least ten feet (10'). Any accessory structures, such as attached awnings or carports, shall, for the purpose of this separation requirement, be considered to be part of the recreational vehicle.
D. Parking Pad Material Requirement: Each recreational vehicle lot/space shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel, or other all weather material.
E. Interior Drives; Approval Required: Interior drives in recreational vehicle parks which enter and exit onto a public road must be approved by the city or applicable highway district or state transportation department.
F. Screening Required: Fences, walls, or vegetative screening shall be provided at the property lines of a recreational vehicle park where the park adjoins adjacent lands that are zoned or used for residential purposes. In particular, extensive off street parking areas and service areas for loading and unloading purposes other than for passenger uses and areas for storage and collection of refuse shall be screened.
G. Internal Roads; Parking Service Areas: Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the recreational vehicle park. Internal roads shall not be designed to encourage use by outside traffic to traverse the recreational vehicle park to adjoining developed areas.
H. Off Street Parking: Each recreational vehicle lot shall have one off street vehicle parking space.
I. Wheel Removal Prohibited: Any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair or to attach the recreational vehicle to the grounds for stabilizing purposes, is prohibited.
J. Occupancy Limitations: Occupancy of a recreational vehicle park space by a particular recreational vehicle shall be limited to March 1 through October 31 not to exceed a maximum of fourteen (14) consecutive days. Additional rental space usage in the park exceeding fourteen (14) consecutive days require a class I permit that may be subject to conditions of approval. A recreational vehicle park owner shall retain records available for inspection by the city that delineate the license of each vehicle, length of stay and permanent residency of each park space vehicle other than the recreational vehicle occupancy compliance. The owner shall also retain records of sewage pumping for the city and the Panhandle health district and present to the city upon request.
K. Site Plan: A site plan shall be submitted upon application for a permit with a north arrow and date of drawing, showing uses and structures which are proposed. Said plan shall include adequate information to clearly depict existing and proposed structures and their uses, existing and proposed roads, easements, points of access, recreational vehicle lot dimensions, number of acres in site, dimensions of property lines, property line setbacks, reserved or dedicated open space, major landscape features (both natural and manmade), locations of existing and proposed utility lines, accessory off street parking and loading facilities, parking space areas, wastewater drain field area, traffic circulation patterns, refuse and service areas, signs, outdoor storage, and fences, yards, or wall or vegetative screening.
L. Agency Approval: All existing and future recreational vehicle parks and proposed expansions thereto shall have the approval of applicable agencies, including, but not limited to: Panhandle health district for sewage disposal, the Hauser fire district for emergency services, access and water availability, Post Falls highway district for access onto highway district roads, U.S. army corps of engineers in or adjacent to a designated wetlands, lakeshore or stream corridor and the department of lands as applicable.
M. Current Registration: The recreational vehicle shall have current registration and shall be in serviceable condition so it can be operated in a safe and lawful manner upon the roads and highways in the state of Idaho as set forth in the Idaho motor vehicle laws of the state of Idaho. The RV shall not be set on blocks with the tires or running gear removed.
N. Attached Additions; Skirting: No decks or additions shall be attached to the RV, nor shall the RV be skirted.
O. Use As Dwelling Prohibited: The RV shall not be used as a dwelling. The owners must have a primary residence other than the RV. There shall be no mail service to this type of use.
P. Sewage Disposal: The RV must be hooked into a sewage disposal system which meets the requirements of the Panhandle health district, or shall be either totally self-contained and removed from the site to empty holding tanks at an approved location as necessary, or have a contract for sewage pumping service to avoid spills. Unlawful sewage disposal shall result in an infraction that will be assessed against the recreational vehicle park owner.
Q. Rental Property Use Prohibited: The RV shall not be used as a rental property.
R. Location In Floodplains: RVs located in floodplains must comply with chapter 6, "Flood Damage Prevention", of this title.
REPLAT: The process by which a previously recorded subdivision plat, or portion of a plat, is modified.
RUNOFF, EROSION AND SEDIMENTATION CONTROL PLAN: A runoff, erosion and sedimentation control plan is prepared by a qualified person or firm with experience in runoff, erosion and sedimentation control, such as a civil engineer, landscape architects or certified professional erosion and sediment control specialists (SEEP). These plans show how the performance standards of section 8-3A-5 of this title will be met. Specifically, a runoff, erosion and sedimentation control plan uses maps, plans, drawings and narrative to:
A. Identify runoff and erosion hazard areas (slopes, highly erodible soils, etc.) on the site, and wetlands, watercourses and facilities, both on the site and downstream, that are vulnerable to damage from accelerated runoff, erosion and sedimentation;
B. Show how the site will be graded, including the timing and sequence or phasing of the grading;
C. Show which vegetative and/or structural techniques for runoff, erosion and sedimentation control will be used; and
D. Show how runoff, erosion and sedimentation control measures will be maintained.
E. A runoff, erosion and sedimentation plan may also be required to include a monitoring program.
F. All maps, plans and drawings included in the runoff, erosion and sedimentation plan must be coordinated with the site plan 2 for the development and generally comply with the provisions of impervious coverage delineated in section 8-3E-5, table 5 of this title, and with the best management plan criteria and engineering standards of the department of environmental quality.
SENSITIVE AREAS: Includes wetlands, lakeshore and stream corridors, slopes greater than fifteen percent (15%), and the critical open space areas identified on the future acquisitions map adopted in subsection 8-2-4A of this title.
SETBACK: The distance between the property line and the outer wall, at grade, of the principal building on the same lot. The space within that distance is called a yard.
A. The front setback is measured from the lot line paralleling a public street to the principal building. Corner lots have two (2) front yards.
B. The rear setback is measured from the rear lot line to the principal building. The rear lot line is parallel, or more or less parallel, to the street. Corner lots have two (2) rear yards, but may treat either as a side yard for the purposes of this title.
C. The side setback is measured from the side lot line to the principal building.
SEWERAGE: The entire system (mains, treatment plant, etc.) used to treat sewage wastes.
SIGN: Any object or structure used to identify, advertise or in any way attract or direct attention to any use, building, person or product by any means, including, but not limited to, the use of lettering, words, pictures and other graphic depictions or symbols. Specific types of signs are defined in chapter 5 of this title.
SINGLE-FAMILY DWELLING: A detached building designed for occupancy by one family. Also includes group homes, as required by Idaho Code 67-6530 et seq. (See definition of Group Homes.) Recreational vehicles and travel trailers are not single-family dwellings, and shall not be used as such.
SITE PLAN: A scaled drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this title, including the location of prominent natural features on and adjacent to the site; existing and proposed property lines; existing and proposed easements; existing and proposed utilities; the location and exterior dimensions of existing and proposed buildings; the location, size and circulation pattern in existing and proposed parking areas; existing and proposed roads and trails; proposed buffers, including a grading and planting plan for any proposed landscaping; and all other features of the site and proposed development that are relevant to compliance with this title. Where an erosion and stormwater runoff control plan is required, the site plan must be prepared on a detailed topographic base.
SKYLINING: A building is "skylined" if it is constructed on a ridgeline or hilltop where it is visible, from the critical perspective (i.e., from Hauser Lake or a public road) against a background of only the sky.
STREAM: Any watercourse with a defined channel, perennial or intermittent. First order streams are those which are unbranched, i.e., which are not downstream from any other tributary stream. Second order streams are the combination of two (2) or more first order streams, and third order streams are the combination of two (2) or more second order streams, and so on.
STREAM CORRIDOR: Area to be left undeveloped on either side of a stream. See subsection 8-3A-4B of this title for dimensions and exceptions. This title also establishes lakeshore corridors.
STRUCTURE: Any object, including mobile objects, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, liquid storage tanks, fences and overhead transmission lines. For the purposes of this title, this definition is synonymous with "building".
SUBDIVISION: Division of a parcel into two (2) or more lots, parcels or development sites for the purpose of sale, lease, rent or development for which a permit is required by this title. Lot splits, as defined by this section, are allowed for properties over ten (10) acres.
USE: See definition of Occupancy.
VARIANCE: According to Idaho Code 67-6516, a variance is a modification of the requirements of the development code as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other development code provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. Land use cannot, by definition, be varied.
VEGETATIVE FILTER STRIP: A densely vegetated area that lies between a source of runoff and a drainageway (artificial or natural), stream, or lake, and that has, due to its slope, vegetative cover and width, the capacity to serve as a "sink" for sediment and other potential pollutants.
VIEW: The range of vision from a residence whose loss or curtailment would result in the reduction of economic value of a residence according to generally accepted real estate appraisal practices.
WELLHEAD PROTECTION: An area surrounding wells, springs and wetted recharge areas, as defined by the department of environmental quality.
WETLANDS: As defined in the current federal manual for identifying and delineating jurisdictional wetlands.
WETTED RECHARGE AREAS: An area where a stream, like the Hauser Lake outfall, debouches onto the Rathdrum Prairie and its flow is infiltrated into the Rathdrum Prairie Aquifer. (IDAPA 58.01.11.200.1, as amended.) (Ord. 159, 6-9-2010)
1. See section 7-1-1 of this code.
1. See definition of Site Plan in this section.