A. The planning and zoning commission reserves the right to define terms not specified herein for the purpose of taking action on individual zoning matters. The standards for such determination shall be:
1. Words and terms not specifically defined in this section shall be interpreted according to Standard English usage and practice, as established in "Webster's New World Dictionary Of The American Language", tenth college edition.
2. Colloquial words and terms shall be interpreted as having the same definition as a Standard English word or term having the most similar definition to that ascribed by local custom and usage.
B. The following terms shall be defined as follows:
ACCESSORY BUILDING: Any structure not intended for human occupancy but that serves an accessory function to the principal building on the property.
ACCESSORY USE: Any use incidental and subordinate to the principal use of the same premises.
ADMINISTRATOR: An official of the city, who is authorized by the city council to administer this title.
AIRPORT: Any runway, land area or other facility designed for the accommodation, servicing, landing and takeoff of aircraft.
ALLOWED USES: Those uses which by their nature are compatible with existing land uses in the zoned use districts of the city. Allowed uses may be established in compliance with the standards and requirements set forth in this title. Allowed uses shall comply with all other city regulations and the laws, regulations and standards set forth by other local, state and federal agencies.
ANIMAL HOSPITAL: Any building or portion thereof designated for the care or treatment of cats, dogs, or other animals.
APPLICANT: Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. The applicant need not be the owner of the property; however, he/she shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
APPLICATION: The forms and information required to be filed by the applicant for any permit or appeal under this title.
AREAS OF CITY IMPACT: Established by corresponding city and county ordinances, areas of city impact grant municipalities a measure of authority regarding the perimeter of their city and regulation of development in that area. See individual city impact area ordinances for specifics.
BAR/LOUNGE/TAVERN: A building where alcoholic beverages are sold on the premises not including restaurants where the principal business is serving food.
BED AND BREAKFAST: A residence used for the lodging of paying guests. One to four (4) bedrooms is an allowed use; five (5) or more bedrooms requires a conditional use permit.
BUILDING: Any structure securely fixed to the land, and which is designated or intended for the shelter, enclosure or protection of persons, animals, or property of any kind.
BULK PLANT: An establishment where liquids are received by tank, vessel, pipelines, tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle or container.
CHURCH BUILDINGS OR CHURCH CAMPGROUNDS: Any structure or property that is owned by any church, which is qualified as an organization exempt from income tax.
CIVIC USES: Of or relating to a citizen, citizenship or civil affairs; of or relating to or involving the general public and community and their activities, needs or ways or civic affairs.
CLINIC: A building or portion of a building containing offices and facilities for providing medical, dental or psychiatric services for outpatients only.
CLUSTER DEVELOPMENT: A subdivision or other development planned and constructed so as to group structures or lots into relatively concentrated and contiguous areas while providing a unified network of open space, wooded area, recreational, or agricultural land.
COMMERCIAL USE: A use that involves the sale of products or services for profit or compensation.
COMMISSION: The city of Kamiah planning and zoning commission 1 .
COMMUNICATION TOWER: A device for transmitting or relaying wireless communication.
Antenna: Any exterior device for transmitting and receiving wireless communications that is mounted on a tower, building or structure that is used to send and receive signals for cellular telephone, personal communication services (PCS), mobile radio, pager, wireless internet access, and similar communication services. Antennas may include panels, microwave dishes, whip antennas or other devices that may be affixed to a tower, pole or other structure.
Antenna, Attached: An "attached antenna" means an antenna mounted on the exterior of an existing building, silo, smokestack, water tower, utility pole, existing wireless communication tower, or an alternative support structure.
Antenna, Concealed (Stealth): A "concealed (stealth) antenna" means an antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view in a manner appropriate to the site's context and the surrounding environment. Examples include manmade trees, flagpoles that do not exceed ten feet (10') above the maximum allowable building height for the zone, utility poles, light poles, water tanks, steeples, and architectural and facade features.
Collocation: Use by two (2) or more wireless communication providers on the same tower or other alternative structure.
Height: The vertical distance from the preexisting grade at the base of the tower to the highest point of the tower including antennas.
Tower: A self-supporting structure such as a lattice tower or monopole, a guyed tower, or a structure affixed to or mounted on an existing or newly constructed building or other permanent structure, together with associated equipment, designed to support one or more antennas.
Wireless Telecommunication Facilities: Any combination of one or more antennas, towers and/or structures with equipment used for the transmission of wireless communication.
COMPREHENSIVE PLAN: A compilation of goals, policies, maps and other data guiding the physical, social and economic development, both public and private, of the city and its environs, as defined in the Idaho local planning act of 1975, as amended or subsequently codified.
CONDITIONAL USE: Any use as defined by this title, which because of its potential incompatibility with adjacent or traditional uses, is subject to limitations and conditions specified herein. Also known as a special use.
DENSITY: A unit of measurement that specifies the number of dwelling units per tract of land.
Gross Density: The number of dwelling units per tract of total land to be developed, including public right of way.
Net Density: The number of dwelling units per tract of land when the acreage involved excludes public and private right of way for streets and roads, and/or other public dedications.
DEVELOPMENT: Any grading, vegetation removal, construction activity, or any other activity excluding maintenance that changes the existing character or use of the land or has any impact on adjoining properties.
DRIVE-IN ESTABLISHMENT: An establishment, other than an automobile service station, that is designed to accommodate the motor vehicles or patrons in such a manner as to permit the occupants of such vehicles, while remaining in the vehicle, to make purchases or receive services.
DWELLING: A building, or portion thereof, containing one or more dwelling units. The term "dwelling" does not include any recreational vehicle, hotel or motel as defined herein.
Dwelling, Multiple-Family: "Multiple-family dwelling" means a building containing at least three (3) dwelling units for three (3) or more families living independently of each other.
Dwelling, One-Family: "One-family dwelling" means a detached building containing one dwelling unit designed for and occupied exclusively by one family. For purposes of this title the classification of "dwelling, one-family" shall include group homes and manufactured homes as herein defined.
Dwelling, Two-Family: "Two-family dwelling" means a building containing two (2) dwelling units for two (2) families living independently of each other, including duplexes and semidetached housing.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
FAMILY: An individual or two (2) or more individuals related by blood, marriage, legal adoption or guardianship, or a group of four (4) or fewer persons who are unrelated and reside together using common cooking facilities.
FLOODPLAIN: Includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood Of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel of a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by a flood of 100-year frequency.
FUELING, GAS: Uses permissible at a filling station do not include mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, fumes, smoke or other characteristics to an extent greater than normally found in service stations.
GARAGE, SERVICE STATION: "Service station garage" means 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:
1. Sales and service of spark plugs, batteries and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, lightbulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;
4. Radiator cleaning and flushing;
5. Washing, polishing and sale of washing and polishing materials;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps and lines;
8. Minor servicing and repair of carburetors;
9. Adjusting and repairing brakes;
10. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
11. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
12. Provision of road maps and other informational material to customers; provision of restroom facilities; and
13. Warranty maintenance and safety inspections.
GREENHOUSE, COMMERCIAL: An establishment where flowers, shrubbery, vegetables, trees and other horticulture products are grown in the open and/or in an enclosed building for sale to the general public on a retail basis.
GREENHOUSE, WHOLESALE: An establishment where flowers, shrubbery, vegetables, trees and other horticulture products are grown in the open and/or in an enclosed building for sale on a wholesale basis, with retail sales on premises to be on an occasional and incidental basis.
GROUP HOME: Residential shelter care facilities for mentally retarded, physically handicapped and elderly citizens. Group homes for eight (8) or fewer people are considered single-family dwellings for purposes of this title.
HALFWAY HOUSE: A type of housing for persons convicted of nonviolent crimes who are in the latter stages of serving a sentence and are being transitioned back into free society.
HEALTH AUTHORITY: The north central district health department, the Idaho department of labor and industrial services, plumbing division and the Idaho division of environmental quality.
HEIGHT, BUILDING: "Building height" means the maximum distance possible, measured vertically, from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and top of building walls for gable, hip and gambrel roofs.
HOME OCCUPATIONS: Any gainful commercial operation, profession or craft, which is customarily incidental to or carried on entirely within a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. Not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
1. There shall be no change in the outside appearance of the building or premises other than one sign, not exceeding four (4) square feet in area and mounted flat on the building.
2. No significant traffic shall be generated by such home occupation and parking shall not be located in a required yard with certain setback requirements.
3. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the lot. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
HOSPITAL: An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by the state of Idaho to provide facilities and services in surgery, obstetrics, and general medical practices.
HOTEL/MOTEL: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
INDUSTRIAL USE: Any manufacturing, processing, testing, energy production, storing, assembling, testing and similar uses which generally generate byproducts of noise, smoke, odor, glare, gas, vibration, dust, or light.
JUNKYARD: An outdoor space where waste, discarded, or salvaged materials including inoperative automobiles are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junkyard also includes house wrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building such as pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials which are incidental to manufacturing operations.
KENNEL, COMMERCIAL: "Commercial kennel" means the commercial boarding, caring or breeding of four (4) or more dogs, cats or other household domestic animals in return for compensation or kept for sale on a continuous basis (205 days or more).
LIVESTOCK: Includes hoofed animals, fowl, rabbits and furbearing animals.
LIVESTOCK CONFINEMENT OPERATIONS: Any enclosure where more than ten (10) animal units of livestock are confined for a total of two hundred five (205) days or more in any twelve (12) month period for the purpose of feeding and/or finishing for market; and on which crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the enclosure, lot or facility.
LOT: A parcel, plot, tract, or other land area meeting the minimal dimensional requirements of this title, and created by subdivision or sale, transfer, lease or development. Minimum size is five thousand seven hundred fifty (5,750) square feet.
LOT AREA: The total area of a lot measured on a horizontal plane within the boundary lines exclusive of public and private roads, and access easements to other property.
LOT FRONTAGE: Shall be construed to be the portion nearest the street. For the purpose of determining the yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage and setbacks shall be provided as indicated under the setbacks of this title. Lot frontage shall be determined by the direction of the majority of the existing structures or as platted by the subdivision developer.
LOT TYPES: Terminology used in this title with the reference to corner lots, interior lots and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Interior Lot: A lot with only one frontage on a street.
Through Lot: A lot other than a corner lot with a frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
LUMBER MILL: The site, equipment and buildings necessary to saw, plane or mill tree logs into posts, poles, building logs, lumber, dimensional lumber or similar products including a portable lumber mill.
MANUFACTURED HOME: A factory built structure constructed according to the national manufactured housing construction and safety standards act of 1974, and as amended, which became effective June 15, 1976. A manufactured home:
1. Is transportable in one or more sections, which, in the traveling mode, is eight feet (8') or more in width or is forty feet (40') or more in length; and
2. When erected on site is six hundred (600) or more square feet; and
3. Is built on a permanent chassis, however, it does not have permanently attached to its body or frame any wheels or axles, and it is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site; and
4. Is designed to be used as a dwelling unit with a permanent set foundation for multisectional manufactured homes and a standard set with solid skirting for single wide manufactured homes when connected to the required utilities; and
5. Has a pitched roof with a minimum pitch of three to twelve (3:12) (3 inches of rise to 12 inches of run).
6. Shall be installed in conformance with the state manufactured home installation standards.
7. For snow load requirements refer to the supplementary regulations in section 17.28.050 of this title.
MANUFACTURED HOME/RECREATIONAL VEHICLE PARK: Any site or tract of land whereupon two (2) or more manufactured homes or recreational vehicles are placed, located and maintained for dwelling purposes on a temporary basis.
MANUFACTURED HOME SUBDIVISION: A subdivision designed and intended for exclusive manufactured home residential use where residence is in manufactured homes exclusively.
MANUFACTURED/MOBILE HOME PARK: Any area, tract, plot or parcel of land developed for placement of manufactured/mobile homes located and maintained for dwelling purposes on a permanent or semipermanent basis.
MANUFACTURING, LIGHT: "Light manufacturing" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures and generating little industrial traffic and no nuisances.
MINERAL EXTRACTION: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any natural mineral resource including rock quarries.
MOBILE HOME: A transportable, factory built residential dwelling, which was constructed prior to enactment of the national housing construction and safety standards act of 1974 which became effective June 15, 1976.
1. Mobile homes, upon enactment of this title, may not be installed in the city of Kamiah unless they meet the rehabilitation requirements set forth in Idaho Code 44-2503 and have a certificate of compliance from the division of building safety.
2. Mobile homes existing in the city of Kamiah prior to adoption hereof may continue in use at the site they occupy on the date hereof, but may not be used at another site in the city of Kamiah.
MODULAR BUILDING: Any building or building component, other than a manufactured home, that is either entirely or substantially prefabricated or assembled at a place other than the building site. Modular homes are subject to the same standards as site built homes.
NONCONFORMING BUILDING: A building or structure or portion thereof lawfully existing or being lawfully constructed at the time this title becomes effective, which was designed, erected or structurally altered for a use or to dimensional standards that do not conform to the requirements for structures and/or uses as outlined by this title.
NONCONFORMING LOT: A lot of record which was lawfully existing on the effective date hereof, but which, because of the application of this title to it, no longer conforms to lot area or width requirements prescribed in this title.
NONCONFORMING USE: A use which was lawfully established and maintained at the time this title was adopted, but which, because of the application of this title, no longer conforms to the use regulations.
OPEN SPACE: An area open to the sky for outdoor recreation activity. Streets, buildings, or other covered structures are not included in computing these areas.
ORIGINAL PARCEL OF LAND: A contiguous tract of land which has been recorded by the county recorder under a single ownership.
OWNER: The person, persons, firm, association, syndicate, partnership or corporation holding title of record.
PLAT: The drawing, map or plan of a subdivision, cemetery, town site or other tract of land, into lots, blocks and roads in accordance with title 50, chapter 13, Idaho Code.
PRINCIPAL USE: The specific purpose for which a lot is arranged, intended, designed, occupied or maintained.
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.
PROOF OF OWNERSHIP: The certification of a title insurance company licensed under the laws of the state of Idaho as to the ownership of property and of any interest shown therein of record.
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 public utility, by a railroad whether publicly 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: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLES: A wheeled vehicle, either powered or not, intended for leisure and not intended for use as a permanent dwelling.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RESERVE STRIP: A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESTAURANT: Any land, building or part thereof, other than a boarding house or bed and breakfast, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom and dining room.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public street, crosswalk, railroad, road electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special uses.
ROADSIDE STAND: A temporary or mobile structure designed or used for the display or sale of products or services.
SCHOOL: An organization specializing in the instruction of students.
SETBACK AVERAGE: The minimum front or rear yard setbacks may be adjusted to conform with the average setback of existing similar buildings on the adjoining four (4) properties (2 on each side of the proposed use).
SETBACKS: The space between every structure and all property lines on the lot on which structures are located, required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map.
SEXUALLY ORIENTED BUSINESS: As defined in Idaho Code 18-4101.
SHALL: Mandatory.
SIDEWALK: That portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGN: A device designed to inform or to attract the attention of persons not on the premises. The area of a sign is the total of the exposed exterior display surfaces, including flags, pennants and banners.
SITE PLAN: A drawing of existing and planned conditions to facilitate review and approval of an application by the commission. Engineering or architectural drawings may be required by the commission.
SLAUGHTERHOUSE/MEATPACKING: A facility which includes slaughtering, meat canning, curing, smoking, salting, packing, rendering, or freezing of meat products or a facility in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.
SLOPE: Refers to an incline from the horizontal plane which may be expressed as "percent slope", "slope ratio" or "gradient" a fifteen percent (15%) slope is equal to a fifteen foot (15') vertical change within a one hundred foot (100') horizontal distance.
STABLE; BOARDING, RIDING: A "boarding or riding stable" means a building or structure used or designed for the boarding or care of equine for remuneration, hire or sale.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties. The term street also includes the terms highway, thoroughfare, parkway, road, roadway, avenue, boulevard, lane, place and other such terms. All streets shall be constructed according to highway district standards and specifications existing at the time of street construction or street names and signs shall conform to the standards set forth by the city council.
Alley: A minor street providing secondary access to the back or side of a property otherwise abutting a street.
Arterial Street: A street designated on the comprehensive plan for the purpose of carrying fast and/or heavy traffic.
Collector Street: A street designated on the comprehensive plan for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Minor Street: A street which has the primary purpose of providing access to abutting properties.
Private Street: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STRUCTURE: Anything constructed or erected which requires permanent location on the ground or is attached to something having location on the ground. Such structures include buildings, manufactured homes, mobile homes, walls, fences and billboards.
SUBDIVISION: The result of an act of dividing an original parcel of land into more than two (2) parts for the purpose of transfer of ownership or development.
UTILITIES: All water supply, drainage, sewer, gas, electrical, telephone, television and other communication lines, and related features.
VARIANCE: A grant of relief from certain provisions of this title when, because of unique, natural site characteristics of a property, compliance would result in undue hardship upon the owner as distinguished from a mere inconvenience or inability to receive greater profit, and which would not be contrary to the public interest 1 .
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WETLANDS: Those areas that are within the definition of wetlands as defined by the environmental protection agency and within the jurisdiction of the U.S. army corps of engineers.
WOOD PROCESSING PLANT: The site, equipment and buildings necessary to convert wood into chips or fibers, or fibers into byproducts such as paper, plywood and particleboard, or to extract byproducts from wood fibers.
WRECKING YARD: Any use of a site, excluding buildings, on which three (3) or more motor vehicles not in operating condition are standing more than thirty (30) days, and which vehicles do not carry valid state registrations and license plates.
ZONING CLASSIFICATIONS: Districts established. The following zoning districts are hereby established. For the interpretations of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as stated below:
Central Commercial District (C-1): The purpose of the C-1 district is to accommodate and encourage the establishment of pedestrian oriented businesses. A variety of business, public, quasi-public, cultural, and other related uses are encouraged in an effort to provide the mix of activities necessary to establish a core business area of the community.
Service Commercial District (C-2): The purpose of the C-2 district is to permit the establishment of areas for the highway and service business only. The district is designed for, but not limited to, servicing the motoring public.
Industrial District (M): The purpose of the M district is to encourage all developments of manufacturing, wholesaling, processing, warehousing, and research and testing operations.
Open Space Districts (O): The purpose of the O district is to preserve land for future recreational use, protect natural or manmade resources (wildlife preserves, city watersheds, sewage lagoons), act as minor buffer zones between incompatible land uses and to serve as safety areas near hazardous areas or facilities.
Residential District (R): The purpose of the R district is to permit the establishment of low, medium and high density residential dwellings which will be free of other uses except those which are both compatible and convenient to the residents of such districts.
ZONING ORDINANCE: The city of Kamiah zoning and development ordinance. (Ord. 2007-4, 2007)
Notes
| 1 | 1. IC § 67-6504. |
| 1 | 1. IC 67-6516. |