9-2-1: DEFINITIONS:
The following words and terms when used in this chapter shall have the meanings ascribed to them in this Section:
ACCESSORY BUILDING:
A building which is subordinate to, and the use of which is incidental to that of the principal building or use on the same lot; but not including any building containing a dwelling unit as hereinafter defined.
ACREAGE:
Any tract or parcel of land which has not been subdivided or platted.
ADULT CARE FACILITY:
Any facility where adults regularly receive care, maintenance and supervision unaccompanied be a guardian or custodian, regardless of whether the facility provides any instruction. This use excludes (1) care of operator's legal wards or relatives (2) occasional personal guests and (3) any facility providing overnight custodial services for lodging and/or boarding.
AGRICULTURE:
The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for parking, treating or storing the produce, provided, however, that:
A.   The operation of any such accessory use shall be secondary to that of normal agricultural activities; and
B.   The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zone. Agriculture does not include the operation or maintenance of a commercial stockyard or feedyard where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
ALLEY:
A public way providing the secondary means of access to abutting property and not intended as a traffic thoroughfare.
ANTENNA:
A transmitting or receiving device used in telecommunications that radiates or captures radio signals. Antennas include the following types:
A.   Omni Directional (or "whip") Antenna - Receives and transmits signals in a 360 degree pattern, and which is up to 15 feet in height and up to 4 inches in diameter.
B.   Directional (or "panel") Antenna - Receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.
C.   Parabolic (or "dish") Antenna - A bowl shaped device that receives and transmits signals in a specific directional pattern.
D.   Ancillary Antenna - An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
E.   Other - All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment.
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 complete kitchen and sanitary facilities permanently installed.
AREA OF CITY IMPACT:
The development area around but outside the city where the action or inaction of one jurisdiction affects another jurisdiction.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER and FARM IMPLEMENT SALES:
The sale or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOBILE REPAIR:
General repair, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and steam cleaning 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 a public garage.
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.
BASEMENT:
A story partly or wholly underground, but having at least one half (1/2) of its height below the average level of the adjoining ground. Where more than one-half (1/2) its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.
BILLBOARD:
Any structure or portions 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 notices, or a sign advertising the sale or lease of the premises on which the sign is located.
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 less.
BOARDING AND ROOMING HOUSE:
A building other than a hotel or motel where meals and/or lodging are provided for compensation to three (3) or more unrelated persons, but not more than twelve (12) persons, who are not transients, and kitchen facilities are not provided in the individual rooms.
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 AREA:
The buildable area of a lot is the space remaining after the adherence to the minimum open space requirements of this Title.
BUILDING, DETACHED:
A building located on its own lot and physically separated from other buildings by required yards and/or open space.
BUILDING, GOVERNMENT:
A building owned or used by the Federal, State, County or City government, or any political subdivision, agency or instrumentality thereof.
BUILDING HEIGHT:
The vertical distance 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 the 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 Title, the building line is the same as the front yard setback line. (See Exhibit 2)
BUILDING, NONCONFORMING:
Any building which does not conform to the requirements of this Title.
BUILDING, PRINCIPAL:
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SITE:
Any lot, tract, parcel, or subdivision of land, either public or private, upon which a building is placed or is to be placed.
BUSINESS:
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.
COMPATIBILITY:
Development which is designed to work together with nearby land uses, forms homogeneous transitions and is capable of existing together in harmony.
COMPOSTING, REAR:
Processing waste in a controlled environment to produce a stable product by microbiologically degrading organic matter under aerobic conditions in the rear yard of the home.
CARPORT:
A structure attached or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor-driven vehicles.
CHILD CARE FACILITY:
Care, supervision, or education for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's or children's own home or homes. There are three (3) types of childcare facilities:
A.   Family Day Care Home - means a home, place or facility providing day care for six (6) or fewer children.
B.   Group Day Care Facility - means a home, place or facility providing day care for seven (7) to twelve (12) children.
C.   Day Care Center - means a home, place or facility providing day care for thirteen (13) or more children.
CITY CLERK:
The Clerk of the City.
CLEAR VISION (SITE) TRIANGLE:
The "Clear Vision (Site) Triangle" is defined as follows:
A.   No sign, structures or vegetation in excess of three feet in height shall be placed in the Clear Vision (Site) Triangle.
B.   The clear vision triangle at street intersections or street and railroad. Intersections is the vision triangle formed horizontally by measuring forty (40) feet along the roadway edges or roadway and railroad track edges from the intersection of the roadway edges or roadway edge and railroad track and connecting those points. The clear vision triangle shall be formed vertically by measuring between three (3) and ten (10) feet above grade.
C.   The clear vision (site) triangle at a driveway and street intersection, shall be formed horizontally by measuring ten (10) feet into the lot as measured from the sidewalk edge, which is closest to the property line (or from the property line if no sidewalk exists), and twenty (20) feet along the sidewalk edge (or property line if no sidewalk exists) parallel to the street, and vertically by measuring between three (3) and ten (10) feet above grade. (See Exhibit 1)
 
EXHIBIT 1 - CLEAR (SITE) VISION TRIANGLE
 
CLINIC:
A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons or those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.
CLUB or LODGE:
A building or portion thereof or premises owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; but still not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
COMMERCIAL COACH:
A modular building equipped with the necessary service connections and made so as to be readily moveable as a unit on its own running gear and originally designated to be used without a permanent foundation.
COMMERCIAL ENTER-TAINMENT FACILITIES:
Any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMPATIBILITY:
Development which is designed to work together with nearby land uses, forms homogeneous transitions and is capable of existing together in harmony.
COMPREHENSIVE PLAN:
The Comprehensive Plan for the city officially adopted by the Council as such.
CONDITIONAL USE:
A use which, because of special requirements or characteristics, may be allowed in a particular zoning only after review by the City Council and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses are issued for uses of land and may be transferable from one owner of the land to another.
CONDOMINIUM:
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
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.
DAY CARE CENTER:
See Child Care Facility and Adult Care Facility
DENSITY:
A unit or measurement; the number of dwelling units per acre of land.
DRIVE-UP WINDOW:
An establishment, whether it be the primary or an accessory use, other than automobile service station or parking lot, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicle, while remaining therein, to make purchases or receive services at a window or service area.
DWELLING:
A building, or portion thereof, contains one or more dwelling units. The term "dwelling" does not include any recreational vehicle, motel, hotel, guesthouse or boarding house as defined herein.
DWELLING, MULTIPLE FAMILY:
A building, or portion thereof, containing three (3) or more dwelling units excluding attached single family townhouse units located on individual lots.
DWELLING, SINGLE FAMILY:
A building designed for use and occupancy by no more than one family.
DWELLING ROW:
A row of three (3) to six (6) attached one family dwellings, not more than two and one-half (2 1/2) stories in height, nor more than two (2) rooms deep.
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. A dwelling unit may be occupied by a family (related by blood or marriage), or by up to five (5) unrelated individuals. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
EASEMENT:
A grant of the right to use land for a specific purpose of purposes.
ESTABLISHED GRADE:
The sidewalk line grade at the front lot line as established by the engineer.
FACADE:
The front or chief face of a building.
FAMILY:
One or more persons related by blood, marriage, adoption or a group of not more than eight (8) persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
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 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.
FRONTAGE:
All property on one side of a street between two (2) intersecting streets or natural barriers.
FRONTAGE ROAD:
A road which has unlimited access to collector and access streets but has limited access to arterial streets. Access onto arterial streets is limited to one thousand five hundred feet (1,500') between points.
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 of not more than two (2) tons' capacity.
GARAGE:
A structure that performs major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in a service station.
GROUP HOME:
A 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. Idaho Code, Section 67-6531.
GUEST HOUSE:
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.
HEALTH AUTHORITY:
The local Health Department or State Department of Health and Welfare that has jurisdictional authority.
HISTORIC PRESERVATION:
The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, zones, areas, and sites significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HISTORIC PROPERTY:
Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HOME OCCUPATION:
Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dress-making, 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 occupations 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 zone.
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 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.
HOMES FOR AMBULATORY AGED:
See Group Home Rest Home/Elderly:
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:
Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
JUNK YARD:
An outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards and places where such uses are conducted entirely within a completely enclosed building, such as pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL, COMMERCIAL:
Any lot or premises or portion thereof, on which three (3) or more dogs, cats and other household domestic animals over eight (8) weeks of age are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
KENNEL, NONCOMMERCIAL:
Any lot or premises or portion thereof, in which more than three (3) dogs, cats or other household domestic animals over eight (8) weeks of age are kept and/or boarded.
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 of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A.   A single lot of record;
B.   A portion of a lot of record; or
C.   A combination of complete lots of record, or of portions of lots of record.
LOT AREA:
The square footage enclosed within the boundary of a lot or parcel. The flagpole or stem portion of a flag lot shall not be considered part of the lot area. Lot area shall be determined exclusive of land that is used for public or private streets, highways, alleys, roads and rights-of-way.
LOT, AUTOMOBILE SALES:
Premises on which new or 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.
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
LOT COVERAGE:
The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH:
The distance between front and rear lot lines measured in the mean direction of the side lot lines.
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 sideline in common with another lot.
LOT, DOUBLE FRONTED:
A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a double fronted lot both street lines shall be deemed front lot lines.
LOT, FLAG:
A lot or parcel of land which includes a narrow projection or "flagpole" to the public right-of-way. The flagpole, which shall not be considered as part of the lot area, serves as a private or privately shared access to the buildable area of the lot or parcel.
LOT, FRONTAGE:
That portion of a lot which abuts a public right-of-way or other access.
LOT, INTERIOR:
A lot other than a corner lot or reversed corner lot.
LOT LINE:
The boundary property line encompassing a lot.
LOT LINE, FRONT:
The front lot line for a regular-shaped lot is the property boundary which abuts a public or private street.
The front lot line for an undeveloped corner lot is either one of the property boundaries, which abuts a public or private street, as selected by the property owner.
The front lot line for a flag lot may be either (1) the closest line, parallel or most nearly parallel to the public or private street, at the end of the flagpole, or (2) a line perpendicular or nearly perpendicular to the public or private street, at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of adjoining properties.
LOT LINE, FRONT:
The front lot line for a regular-shaped lot is the property boundary which abuts a public or private street. The front lot line for an undeveloped corner lot is either one of the property boundaries, which abuts a public or private street, as selected by the property owner. The front lot line for a flag lot may be either (1) the closest line, parallel or most nearly parallel to the public or private street, at the end of the flagpole, or (2) a line perpendicular or nearly perpendicular to the public or private street, at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of adjoining properties.
LOT LINE, REAR:
The boundary line of a lot which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line, the following shall apply:
A.   In the case of a lot with a rear boundary formed by a single line that is parallel or nearly parallel to the front lot line, such rear boundary is the rear lot line.
B.    In the case of a lot with a rear boundary formed by two (2) or more lines, the rear lot line shall be a line at least ten (10) feet in length within the lot, furthest removed from and most parallel to the front lot line.
LOT LINE, SIDE:
Any property line that is not a front or rear lot line.
LOT, NON-CONFORMING:
A lot of record which does not meet the dimensional requirements of this Title.
LOT, PARKING:
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.
LOT OF RECORD:
A lot which has been recorded in the records of Boise County.
LOT OF RECORD, ORIGINAL:
Any single lot or parcel of land which was of record and a legal buildable lot or parcel at the time of adoption of the Horseshoe Bend Zoning Ordinance (November 15, 1995), which has not had subsequent boundary changes.
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 (AVERAGE):
The distance between the side lot lines, measured in one of the following manners, whichever is applicable:
A.   In the case of a regular-shaped lot, the width shall be measured along the front lot line; or
B.    In the case of an irregular-shaped lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten (10) foot intervals for the first one hundred feet of the lot depth beginning at the front lot line; or
C.   In the case of a regular-shaped flag lot, the width shall be measured at a distance of twenty (20) feet from the inside end of the flag pole; or
D.   In the case of an irregular-shaped flag lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten (10) foot intervals for the first one hundred (100) feet of the lot depth beginning at the front lot line.
In addition to the above manners of measurement, in no instance shall the dimension of a lot at its front setback line be less than the minimum average lot width required for the zoning district in question.
MANUFACTURED HOME:
A factory built structure that is manufactured or constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, and as may be amended, which became effective June 15, 1976, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For purposes of this code, two types of manufactured homes are established, "Stock" and “Enhanced.”
MANUFACTURED HOME COMMUNITY:
Any site, lot, tract, plot or parcel of land, designed for the placement of ten (10) or more manufactured homes, located and maintained for dwelling purposes on a permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased, or rented.
MANUFACTURED HOME ENHANCED:
A manufactured home that has all the architectural placement standards listed below:
A.   The manufactured home shall be multi-sectional and enclose a space of not less than one thousand (1,000) square feet.
B.   Has exterior siding and roofing which is similar in material and appearance to the exterior siding and roofing material commonly used on residential dwellings within the city or which is comparable to the predominant material used on surrounding dwelling.
C.   Has a pitched roof with a minimum pitch of 2:12 (two inches of rise to twelve inches of run).
D.   Eaves are optional with the exception that where eaves are consistent with the predominant construction of immediate surrounding dwellings, the home shall have an eave that projects a minimum of six inches (6") along any wall that faces a street.
E.   Has a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems comparable with site-built dwellings and approved by the Planning and Development Services Department. It shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
F.    Is placed on a foundation base such that the finished floor area of the home is located not more than twelve inches (12") above grade or twenty-four inches (24") above grade if the home is over a basement. Graded earth shall not be closer than six inches (6") to the siding of the home.
G.    Is permanently affixed in accordance with the manufacturer's specifications, with the running gear and towing hitch removed and set upon a foundation base having an anchoring system that is totally concealed under the structure.
H.   If located within a residential area on an individual lot, the dwelling unit shall have a garage or carport constructed of like materials. Horseshoe Bend City may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.
MANUFACTURED HOME SUBDIVISION:
A subdivision designed and intended for exclusive (manufacture home) residential use.
MANUFACTURED HOME STOCK:
A manufactured home that does not have all the architectural placement standards of an Enhanced Manufactured Home.
MOTEL:
A building, or group of buildings, on the same premises, either 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.
NONCONFORMING USE:
Any use lawfully occupying a building, structure, or land at the effective date of this Title, or of subsequent amendments thereto or at the time of annexation or rezone, which does not conform to the regulations for the Zone in which it is located.
NURSERY:
Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
OPEN SPACE, PRIVATE:
An open area for passive or active recreation developed, designated and protected for the benefit and private use of the employees or residents within a planned development or residential development.
PARAPET or PARAPET WALL:
That portion of a building wall that rises above the roof level.
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, which meets the parking standards of this Title, exclusive of access drives, aisles or ramps, for the storage of one passenger automobile or commercial vehicle.
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.
PERSONAL SERVICES:
Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
PLANNED UNIT DEVELOPMENT:
A parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings and common open space or recreational facilities.
PRIVATE STREET:
A street, alley, or bridge that is not:
A.   Laid out or established by the State of Idaho or a subdivision of the State;
B.   Dedicated to the State or a subdivision of the State and accepted by such entity;
C.   Used by the public for a period of not less than five (5) years;
D.   Worked and kept up by, at the expense of, the public during that period of time.
PROFESSIONAL ACTIVITIES:
The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
PUBLIC SERVICE FACILITY:
The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad whether publicly owned or privately owned, or by a Municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC USES:
Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
QUASI-PUBLIC USE:
Religious Facilities (Churches, Temples, Synagogues, Mosques and other Religious Facilities), parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE:
A portable vehicle or structure used primarily for recreation, hobbies, vacations, extended travel, camping, sports and aquatic use. Recreational Vehicles (RV's) may be self-propelled, towed or transported by trailer. RV's may include, but are not limited to, motor homes, converted buses, camping and travel trailers, light-duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers and off-street vehicles such as snowmobiles, dune buggies, all-terrain vehicles and any type of three or four wheeled sport racing/drag vehicle.
RECREATIONAL VEHICLE PARK:
Any area, tract, plot or site of land, whereupon two (2) or more travel trailers are placed, located and maintained for dwelling purposes on a semi-permanent basis and for which a fee or rental for such use is collected by or collectable to the person holding ownership of the land.
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, lunch room, tea room and dining room.
RIGHT OF WAY:
A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by topography or treatment) such as grade separation, landscaped area, viaducts and bridges.
ROADSIDE STAND:
A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
SEAT OR SEATING:
For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated on each twenty four (24) lineal inches of benches, pews or space for loose chairs.
SERVICE STATION:
Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made:
A.   Sales and service of spark plugs, batteries and distributor's parts;
B.   Tire servicing and repair, but not recapping or regrooving;
C.   Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;
D.   Radiator cleaning and flushing;
E.   Washing, polishing and sale of washing and polishing materials;
F.   Greasing and lubrication;
G.   Providing and repairing fuel pumps, oil pumps, lines;
H.   Minor servicing and repair of carburetors;
I.   Adjusting and repairing brakes;
J.   Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K.   Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
L.   Provisions of road maps and other informational material to customers and provision of restroom facilities; and
M.   Warranty maintenance and safety inspections. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A service station is neither a repair garage nor a body shop.
SETBACK AREA:
The space on a lot required to be left open and unoccupied by buildings or structures, either by the front and side yard requirements of this Title, or by delineation on a recorded subdivision map.
SETBACK LINE:
A line established by this Title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground except as may be provided herein.
SHOOTING RANGE - INDOOR:
Any totally enclosed area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors, and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation.
SHOOTING RANGE - OUTDOOR:
An area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting.
SHOPPING CENTER:
A group of commercial establishments, planned, developed, owned, and managed as a unit related in location, size, and types of shops to the trade area that the unit serves. It provides on-site parking in definite relationship to the type and size of stores. One store may be an anchor tenant.
SIDEWALK:
The portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGN:
Any display or device consisting of attached or painted letters, symbols or designs, and including any moving parts, lighting, sound equipment, framework, background material or structural support, which display or device is intended to communicate business identification, an advertisement, announcement, direction or other message or attract, distract, hold, direct or focus public attention. "Sign" shall not include commodities and their attached labels and price tags.
SPECIAL EXCEPTION:
A special exception granted by the City Council for a use which is not identified as an allowed or conditional use within the zoning Zone subject to conditions set forth in this Title.
STREET:
A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or other such terms.
A.   Local Street: A minor street which has the primary purpose of providing access for residential traffic.
B.   Arterial Street: Provides access from one part of the community to another and also provides for the movement of vehicles through the community.
C.   Collector Street: Accommodates circulation within and between neighborhoods.
D.   Private Street: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STRUCTURAL ALTERATIONS:
Any 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.
SUPPLY YARDS:
A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed and grain and similar goods.
TAVERN or LOUNGE:
A building, wherein alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TOWNHOUSE:
A townhouse is a structure containing separate living units and is owned by persons having divided interest in said structure, including the real property upon which it is situated.
TRAVEL TRAILER:
A vehicular portable structure designated as a temporary dwelling for travel, recreational and vacation use. This definition also applies to motor homes.
TRAVEL TRAILER PARK:
Any area, tract, plot or site of land, whereupon two (2) or more travel trailers are placed, located and maintained for dwelling purposes on a semi-permanent basis and for which a fee or rental for such use is collected by or collectable to the person holding ownership of the land.
VARIANCE:
A modification of the requirements of this Title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of the buildings or; other Title provisions affecting the size or shape of structures or the placement of structures upon lots. The variance is an adjustment or special exception made in the application of the regulations set forth in this Title to a particular piece of property which, because of special circumstances, may be deprived of privileges commonly enjoyed by other properties in the same zone or vicinity. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a 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 zone in which the lot is located.
YARD SETBACK, FRONT:
The yard extending across the full width of the lot adjacent to the front street line.
YARD SETBACK, 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 SETBACK, 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.
 
EXHIBIT 2 - YARD SETBACKS
 
 
ZERO LOT LINE DEVELOPMENT:
Single family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line or attached sidewalls on a property line.
ZONE:
A portion of the jurisdiction of the city whereby there are uniform land use regulations and requirements.
ZONING ADMINISTRATOR:
An official having knowledge in the principles and practices of zoning who is appointed by the Council to administer this Title.
ZONING CERTIFICATE:
A notation attached to a building permit, occupancy permit or business license, or issued separately by the City to certify that the building, structure, use, or occupancy specified is in compliance with relevant zoning regulations and approvals. (Ord. 232, 4-14-2010, amd. Ord. 261, 11- -2019)