ABOVE GROUND LEVEL: A measurement of height from the natural grade of a site to the highest point of a structure.
ABUT: Two (2) adjoining parcels of property with a common property line.
ACCESSORY BUILDINGS: Buildings which are: a) incidental to and customarily associated with a single-family residential dwelling; b) which match in exterior appearance with the residential dwelling; and c) which include, but are not limited to, garages, storage buildings and separate sleeping accommodations that contain bedroom(s) and bathroom(s) but do not contain kitchen facilities.
ADJACENT: Near, close or abutting.
ADJOIN: See definition of Abut.
AFFECTED PERSON: A person having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.
ANTENNA: The surface from which wireless radio signals are sent and received by a WCF which may include one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals through electromagnetic energy, which may include omnidirectional antenna (whip), directional antenna panel and parabolic antenna (dish).
BUILDING: A structure having a roof supported by columns or walls and maintained for the support, shelter or enclosure of persons, animals or property of any kind.
BUILDING, AREA OF: The sum in square feet of the areas occupied by all buildings and structures on a lot.
BUILDING HEIGHT: The vertical distance at the center of the building's front measured from the average elevation of the finished grade along the front of the building to the highest point of the coming of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof, except chimneys and steeples.
BUILDING SETBACK LINE: A line at the minimum distance as prescribed herein between any property line or recorded easement requiring setback and the outside wall of any building or structure related thereto, as further defined in section 9-1-5 of this title.
CAMOUFLAGED: A wireless communication service facility that is disguised or hidden to blend in with the surrounding environment and not be readily noticeable to the public or private residences or uses in the area.
COLLOCATION: The use of a single mount on the ground by more than one carrier and/or several mounts on an existing building or structure by more than one carrier. Each service on a collocation is a separate wireless communication service facility.
COMMERCIAL DOCK BUILDING: The construction of marine docks on lakefront property for sale to the general public.
COUNTRY CLUB FACILITIES: Those facilities traditionally associated with a country club, including a private golf course, golf shop, golf course maintenance facilities, clubhouse, restaurant, bar, swimming facilities, boating facilities and private lodging.
DRIVEWAY: A vehicular access to an off street parking or loading facility.
FAMILY: Unless otherwise specified by ordinance means any of the following:
A. One or more persons who are related by blood, marriage, or adoption; or
B. No more than four (4) persons who are unrelated by blood, marriage or adoption living together as a single housekeeping unit; or
C. No more than a total combination of five (5) persons related and unrelated living together as a single housekeeping unit; or
D. A group:
1. Placed in a foster home or childcare facility by an authorized agency;
2. Eight (8) or less persons with disabilities or elderly persons who are unrelated by blood, marriage, or adoption with no more than two (2) residential staff members, so long as such persons are supervised at the group residence in connection with their disability or age related infirmity. This subsection is intended to mirror and fully comply with Idaho Code section 67-6531 and any successor statutes.
E. Notwithstanding any other provision of this definition, the term family does not and shall not include tenancy or planned tenancy in a group residence, as defined in subsection D2 of this definition, by persons who are under the supervision of the Idaho board of correction pursuant to Idaho Code section 20-219, or who are required to register pursuant to chapters 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
FENCE: A structural device forming a vertical, physical barrier.
LIMITED PROFESSIONAL OFFICES: Activities that include managerial, clerical, consultation and professional services typically performed by insurance and real estate offices; architects, engineers, lawyers and accounting offices; doctors, dentists and other healthcare practitioners.
LIMITED PUBLIC FACILITIES: Offices owned and operated by a public entity and which are expected to generate limited additional vehicular traffic that would not be a detrimental impact on the surrounding streets and neighborhood.
LOT: A parcel of land used or set aside and available for use as the site of one or more buildings, and any buildings, accessory thereto or for any other purpose in ownership and not divided by a street. A lot for the purpose of this title will coincide with the lot of record.
MANUFACTURED STRUCTURE: A structure or building that is primarily preconstructed and brought to a site for placement or assemblage.
MODIFIED FACILITY: An existing structure that is modified to allow the structure to be used as a wireless communication facility.
OVERLAY ZONING DISTRICT: A district which establishes further and separate regulations for limited professional offices, country club facilities and commercial dock building. This district shall overlay the underlying zoning district.
PRIVATE ROAD: A road that provides vehicular access to three (3) or more lots and/or parcels.
PUBLIC PARK: A park open to the public and providing open space and recreational opportunities.
RF: A radio frequency engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RFR: Radio frequency radiation are the emissions from the WCF.
RECREATIONAL VEHICLE: A travel trailer, truck, camper or camping trailer with or without motor power designed for human habitation for recreational or emergency occupancy. A living area less than two hundred twenty (220) square feet, excluding built in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
RESIDENTIAL ZONE: A residential area that permits single-family detached housing at a density of one single-family dwelling per gross acre 1 .
RIGHT OF WAY: A portion of the property reserved for public use and accepted for such by the city council to provide circulation and travel to abutting properties, including, but not limited to, streets, sidewalks, provisions for public utilities, cut and fill slopes and public open space.
SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SINGLE-FAMILY DWELLINGS: Those where the principal use or occupancy of the building is for dwelling purposes and not more than thirty percent (30%) of the usable floor space of said dwelling shall be devoted to home occupation, other than actual residential purposes.
SPECIAL USE PERMIT: A permit which may be granted by the city to allow a proposed use which is otherwise prohibited by the terms of this title, but may be allowed with conditions upon proper application and proceedings as provided herein.
STORY: A portion of the building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it the space between such floor and the ceiling next above it.
STREET: That portion of a right of way improved, maintained and intended for use by vehicles to provide traffic circulation, primary access to abutting properties and parking.
STRUCTURE: Anything constructed or erected, which requires the location on the ground or attachment to something having a fixed location on the ground. Among other things, structures may include any type of building or sign.
TRANSMISSION TOWER: A tower, including, but not limited to, a self-supporting lattice or monopole structure which elevates a wireless communication antenna and may include accessory transmission and receiving equipment.
VARIANCE PERMIT: A permit which may be granted by the city which modifies the requirements as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of building or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots.
WIRELESS COMMUNICATION FACILITY (WCF): An unstaffed facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals through electromagnetic energy. Facilities include siting areas, modified facilities transmission towers and antennas including cellular, personal communication services, enhanced specialized mobile radio, specialized mobile radio and paging services and as used in the telecommunications act of 1996. (Ord. 150, 7-7-1998; amd. Ord. 153, 10-6-1998; Ord. 165, 3-13-2001; Ord. 186, 1-7-2003; Ord. 200, 3-9-2004; Ord. 223, 5-19-2008; Ord. 227, 12-2-2008; Ord. 239, 6-1-2010; Ord. 261, 7-16-2013; Ord. 265, 4-15-2014; Ord. 276, 1-5-2016)
Notes
| 1 | 1. See section 9-3-5 of this title. |