SANITARY RESTRICTIONS: Water and sewer requirements imposed on a subdivision plat in accordance with section 50-1326, Idaho Code.
SCARIFY: To break up or loosen the ground surface of an area.
SCHOOL: Any land, building or part thereof, whether publicly or privately owned, which is used for the provision of education, instruction or training in any branch of knowledge. This definition shall include schools providing instruction for any grades between first and twelfth grade (and may also include prekindergarten or kindergarten), and shall also include colleges, universities, and professional, vocational, technical, or trade schools.
SEDIMENT: Fragmented material that originates from weathering and erosion of rocks or unconsolidated deposits and is transported by, suspended in, or deposited by water.
SEDIMENTATION: The deposition of sediment on ground surfaces and in watercourses.
SENSITIVE AREAS: Any of the following areas:
A. Land in, or within three hundred feet (300') of wetlands, streams, lakes, or other surface water bodies; or
B. Areas where the water table is within six feet (6') of ground surface at any time of the year; or
C. Areas with slopes of twenty five percent (25%) or greater, or that exhibit signs of instability; or
D. Soils identified by the Idaho geological survey as colluviums or residuum; or
E. Areas where the ground surface is within fifty feet (50') of an unconsolidated sand or gravel aquifer; or
F. Special flood hazard areas; or
G. Historic or archaeological resources identified as such by the historic preservation commission, or by any federal, state, tribal or local agency with jurisdiction.
SETBACK: A line governing the placement of buildings and other structures with respect to parcel lines, roads, runways, or taxiways.
SEWAGE DISPOSAL SYSTEM: A system of piping, treatment devices, receptacles, structures, or areas of land designed, used or dedicated to convey, store, stabilize, neutralize, treat or dispose of wastewater. This definition includes individual sewage disposal systems such as a septic system and drainfield.
SEWAGE LOADING: The total liquid volume of sewage produced on any given parcel of land and expressed as gallons per day.
SEXUALLY ORIENTED BUSINESS:
A. A commercial establishment that devotes a significant or substantial portion of its business to any one or more of the following:
1. The sale, rental or viewing of any printed, audio, or visual materials, whether in physical, mechanical, or electronic format, which are characterized by an emphasis upon the depiction, display or exhibition of specific sexual activities or specific anatomical areas, whether or not such materials are constitutionally protected; or
2. The sale or rental of instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specific sexual activities; or
B. A commercial establishment that devotes a significant or substantial portion of its stock in trade, floor space, shelf space, storage space, advertising, or marketing to the items listed in subsection A of this definition, or that derives a significant or substantial portion of its revenues from the items listed in subsection A of this definition.
C. Related definitions include the following:
1. Specific Anatomical Areas: Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus, or female breasts below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. Specific Sexual Activities: Includes any of the following:
a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
b. Sexual acts, whether actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;
c. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, pleasure, or abuse;
d. Human genitals in a state of sexual stimulation or arousal; or
e. Excretory functions as part of or in connection with any of the activities set forth in this definition.
SHORELINE: Land adjacent to, and landward of, the ordinary high water mark of a recognized lake, the Coeur d'Alene River, or the Spokane River.
SHORELINE MANAGEMENT AREA: The area within twenty five feet (25') in slope distance landward of the ordinary high water mark of all recognized lakes and the Coeur d'Alene and Spokane Rivers.
SHORELINE STABILIZATION: The use of structures, riprap, vegetation, or other land management practices to provide shoreline protection along lakes, rivers, and streams from current and continued erosion.
SIGN: Any device, structure, fixture, display, painting or visual image using words, graphics, symbols, numbers, letters or lights to convey information or attract attention. Signs include their structure and component parts, and typically identify a residence or place of business, provide information, or direct attention to a subject matter, product, service, event, place, activity, institution, or organization. Signs may contain constitutionally protected speech or expression. Related definitions include the following:
Animated Sign: A moving sign or display, or a sign depicting action or motion, through electrical or mechanical means.
Awning Or Canopy Sign: A sign located on an awning or canopy that is attached to a building.
Banner: A sign or display on lightweight fabric or similar material.
Electronic Message Center: A variable message sign using computer generated messages or some other electronic means of changing copy.
Flashing Light, Sign Or Display: A sign, light or display with lighting or messages that change more than once every four (4) seconds.
Illuminated Sign: A sign illuminated internally through its face by a light source contained inside the sign, or externally by reflection of a light aimed at its surface.
Monument Sign: A sign with low overall height, supported by a footing in the ground, the sole purpose of which is to support the sign, where the entire base of the sign is in contact with the ground.
Off Premises Sign: A sign that is not accessory to or associated with a permitted structure or use on a parcel of land, such as a sign that directs attention to a business, product, service, entertainment, event or other activity that is conducted, produced, furnished, sold, or offered at another location.
On Premises Sign: A sign that is located on the same parcel of land as the owner or lessee's business, organization, product, service, event, activity, or residence, and that is accessory to or associated with an allowed structure or use.
Pole Sign: A sign, other than a monument sign, that is supported by a footing in the ground, the sole purpose of which is to support the sign.
Portable Sign: A sign capable of being carried or easily moved.
Projecting Sign: A sign, other than a wall sign, that projects from and is supported by the wall of a building or structure with the face of the sign perpendicular to the building.
Roof Sign: A sign erected upon the roof of a building or the top of a structure.
Sign Face: The surface of a sign on which a message is displayed.
Temporary Sign: An easily removable sign, constructed of plywood or other nondurable material, which is displayed for a short period of time.
Wall Or Building Mounted Sign: A sign painted on, applied to, or attached to the exterior surface of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall, and where no part of the sign structure extends more than sixteen inches (16") out from that surface.
SITE: The parcel of land on which development is occurring, will occur, or is proposed to occur. A right-of-way shall be considered a separate site from adjacent properties.
SITING AREA: That portion of a parcel that contains the transmission tower, and related buildings and equipment, required for the operation of a wireless communication facility.
SLOPE: An incline, described by the vertical change in elevation that occurs in one hundred feet (100') of horizontal distance (rise divided by run), expressed in percent (%). Slope is measured perpendicular to the contour of the land, and is the maximum incline for a given area.
SOLID WASTE RURAL COLLECTION SITE: A facility at which solid waste may be disposed and held while awaiting transfer to a solid waste transfer station or to a landfill.
SOLID WASTE TRANSFER STATION: A facility at which solid waste may be disposed, separated and held while awaiting transfer to a landfill, recycling facility, energy generation facility, or other final disposal site. Transfer stations may also include recycling facilities or energy generation facilities.
SOUND LEVEL METER: An instrument, including a microphone, amplifier, output meter, and frequency weighing network, for the measurement of noise and sound levels in a specified manner.
SOUND PRESSURE LEVEL: The intensity of sound measured in decibels (dB), as recorded or indicated on a sound level meter.
SPECIAL EVENT: Any outdoor public assembly in which persons are gathered together for commercial, civic, or social functions, recreation, or for food or drink consumption, including, without limitation, outdoor musical concerts, festivals, fairs, or carnivals, which may be expected to have or have five hundred (500) or more people at any given time. The Kootenai County Fairgrounds shall be exempt from the provisions of this title which pertain to special events and special event locations. Permitting requirements for special events shall be in addition to the permitting requirements for marine events regulated under section 67-7030, Idaho Code.
SPECIAL EVENT LOCATION: A site that has been approved to hold one or more special events. This definition shall also include stadiums and arenas, as defined in this section.
A. An annual special event location is a site that has been approved to hold one special event for a period of no greater than five (5) consecutive days in any given calendar year.
B. This definition shall not include the Kootenai County Fairgrounds or commercial riding arenas.
SPECIAL FLOOD HAZARD AREA (SFHA): The land within a floodplain which is subject to a one percent (1%) or greater chance of flooding any given year. The boundaries of the special flood hazard area shall include all areas designated as Zone A or AE on the FIRM, and shall also include all areas designated in accordance with the procedures set forth in subsection 8.7.205C of this title based on the greatest flood of record or the best available data available from FEMA or other authoritative sources.
SPOIL PILE: Soil or rock excavated from an area which may be used for backfill or final grading on site.
STABILIZED CONSTRUCTION ENTRANCE: A stabilized pad of clean, crushed rock located where traffic enters or leaves a construction site.
STADIUM OR ARENA: A field or court which is fully or partially enclosed by a building or structure with tiers of seats (which may be seats, bleachers, risers, or stands) for one thousand (1,000) or more spectators.
STORAGE UNIT: A nonhabitable building or portion of a building used for storage of equipment or materials associated with a primary or accessory use of the site. Storage units are typically distinguished from habitable space by having a door at least eight feet (8') in width to access the storage area.
STORMWATER: That portion of precipitation that does not naturally percolate into the ground, evaporate, or transpirate, but instead flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility.
STORMWATER CONTROL: Those BMPs which are employed to convey, direct, treat, or dissipate stormwater and are typically necessary when impervious areas are created or natural drainage is interrupted.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purpose of this title when more than one-half (1/2) of such basement height is above the established curb level or above the finished lot grade level where curb level has not been established.
STREAM: A watercourse of perceptible extent with a definite bed and banks which confines and conducts continuously or intermittently flowing water. A definite bed is a bed having a sandy or rocky bottom which results from the scouring action of water flow. This definition shall include both natural or manmade channels, but shall not include dead end streams (streams which infiltrate into the ground prior to reaching a larger body of water) which do not support fish or other beneficial uses. This definition shall not include the Coeur d'Alene River, Spokane River, or any recognized lake. For purposes of this title, streams are classified as follows:
A. Class 1 Stream: A stream which is used for domestic water supply or by fish for spawning, rearing, or migration. Such waters will be considered to be class 1 upstream from the point of domestic diversion for a minimum distance of one thousand three hundred twenty feet (1,320').
B. Class 2 Stream: A stream that does not provide fish habitat. Class 2 streams are usually found in headwater areas or minor drainages, and their principal value lies in their influence on water quality or quantity downstream in class 1 streams.
STREAM PROTECTION BUFFER: The area encompassed by a slope distance of seventy five feet (75') on each side of the ordinary high water mark of a class 1 stream, or thirty feet (30') in slope distance on each side of the ordinary high water mark of a class 2 stream.
STREET: See definition of Road.
STRUCTURAL ALTERATION: Any change, other than ordinary maintenance or repairs, which is intended to prolong the life of the supporting members of a building, such as the bearing walls, beams, or girders.
STRUCTURE: That which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner. This definition includes structures for which a building permit is required and structures which are exempt from building permit requirements. This definition shall also include storage tanks for liquid or gaseous materials that are principally above ground.
SUBDIVISION: The division of a parcel of land into two (2) or more parcels through the recordation of a plat or deed effectuating the division.
SUBSTANTIAL CHANGE: Any change that will likely cause a material or directly relevant bearing on the decision making process or on the reasonable expectations of the public, or of one or more agencies, with respect to information provided at the time of application.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure in which the cost of restoring the structure to its previous condition would equal or exceed fifty percent (50%) of its market value before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term also includes structures which have incurred "substantial damage", regardless of the type or cost of the actual repair work performed.
A. For purposes of this definition, the start of construction shall be deemed to be the date on which the building permit was issued so long as actual construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days after that date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
B. The market value of the structure shall be the market value of the structure before the start of the initial repair or improvement, or in the case of damage, the market value of the structure before the damage occurred. Market value of the existing structure shall be considered to be the most current value of the structure as determined by the office of the Kootenai County assessor, or in an appraisal from an Idaho licensed or certified appraiser. The value of the proposed work shall be determined using the department's valuation as figured in establishing building permit fees.
C. This definition shall not include the following:
1. Any project for improvement of a structure to comply with then currently adopted building codes; and
2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places, providing the alteration will not preclude the structure's continued designation as a historic structure.
SURFACE MINE: An area where minerals are extracted by removing the overburden above and adjacent to natural deposits of minerals, and mining the deposits thereby exposed.
SURFACE MINING: Activities performed within a surface mine as part of the process of extracting minerals from the ground, including the excavation of pits, removal of materials, disposal of overburden, and the construction of haul roads. For purposes of this title, extraction of rock or fill material, or the processing of rock or other road materials, by a highway district shall not be considered surface mining activity when the activity is carried on within a public right-of-way or an immediately adjoining property during temporary construction activity associated with publicly maintained roadways.
SURFACE WATER: All lakes, rivers, streams, wetlands, and similar features, and any feature which acts as a conveyance of water to a surface water feature. Conveyance features may include natural or manmade ditches. This definition shall not include ponds, springs, or similar features that are entirely contained within a parcel of land, nor shall it include conveyance features that infiltrate the water being conveyed, such as dead end streams. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; amd. Ord. 545, 10-3-2019; Ord. 546, 10-17-2019; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022)