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ACCESSORY USE, BUILDING, OR STRUCTURE: A use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building, or structure. An accessory structure is outside the building roofline of the principal residence.
ADMINISTRATOR: The city manager, or in the event the city manager chooses to delegate that authority, that official who is appointed by the city manager to administer this title.
ADULT ENTERTAINMENT ESTABLISHMENT: A commercial establishment intended for the entertainment of adults, to the exclusion of minors, which offers sexually oriented entertainment, such as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, seminude model studio, or sexual encounter center.
AERONAUTICAL: Aeronautical uses include but are not limited to:
(a) Air taxi and charter operation;
(b) Scheduled or nonscheduled air carrier services;
(c) Pilot training;
(d) Aircraft rental and sightseeing;
(e) Aerial photography;
(f) Crop dusting;
(g) Aerial advertising and surveying;
(h) Aircraft sales and service;
(I) Aircraft storage;
(j) Sale of aviation petroleum products;
(k) Repair and maintenance of aircraft (includes paint, upholstery, engine, propeller, avionics, instrument and airframe);
(l) Sale of aircraft parts;
(m) Parachute activities;
(n) Ultralight activities;
(o) Sport pilot activities;
(p) Military flight operations;
(q) General and corporate aviation;
(r) Flying clubs;
(s) US Forest Service flight operations and training;
(t) General Aviation Terminal;
(u) Airport support buildings and equipment including airport administration, fire station, airport equipment/vehicle storage, control tower (permanent and temporary), navigational aids/lighting vaults, and other airport equipment.
AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit, or zoning map amendment under this title.
AGRICULTURAL STRUCTURE: Any structure (see definition of Structure) that is related to or used in the science, business or art of cultivating soil, producing crops, and/or raising livestock.
AGRICULTURAL USE: The science, business or art of cultivating soil, producing crops, and/or raising livestock.
AGRICULTURE AND FOREST: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, silviculture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. "Agriculture" does not include confined animal feeding operations.
AIRPORT: The McCall municipal airport.
AIRPORT ELEVATION: The highest point of an airport's usable landing area measured in feet from sea level, i.e., five thousand twenty-one feet (5,021').
ANTENNA, PRIVATE: Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception, or both, of electromagnetic radiation waves, or antenna used to receive or transmit radio or television signals from orbiting communication satellites for the private use of the property where the antenna is located.
ANTENNA, PUBLIC: Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception, or both, of electromagnetic radiation waves, or antenna used to receive or transmit radio or television signals from orbiting communication satellites for the use by public agencies.
ANTENNA, WIRELESS: Communications equipment that transmits and/or receives over-the-air electromagnetic signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
APPLICANT: One who files an application under this title. The applicant must be the owner of the subject property, or a person who has written permission from the owner to make an application in the name of the owner.
APPLICATION: A document submitted to the commission conforming to the requirements of this title applying for a permit or approval under this title.
APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 3.7.051. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
AREA DEVELOPMENT PLAN: A plan encompassing all contiguous parcels controlled by the same owner, which includes:
(A) Legal description of contiguous parcels.
(B) Name(s) of owner(s) of contiguous parcels.
(C) Streets, whether public or private.
(D) Water main lines and sewer main lines.
(E) Other utilities including power, telephone, cable, etc.
(F) Parks, if required under this title.
(G) Grading and drainage.
(I) Hazardous or natural resource areas.
AREA OF FIRE HAZARD: Lands on which there is vegetation that is prone to fire; and also means lands where there is heavy fuel loading, where fuels are arranged in close continuity, where development or timber management slash exists, or where wildfires are likely to be difficult to suppress and become a threat to public safety.
ATTACHED STRUCTURE: A structure attached to a principal structure, or is located within three feet (3'), such that the two (2) (or more) structures result in a nearly contiguous whole.
BASEMENT: That level of a dwelling unit all or partly underground and having the plane on top of at least one-half (1/2) of its perimeter wall within two feet (2') of the average level of the adjoining ground.
BED AND BREAKFAST: See definition of Dwelling, Rooming House.
BEDROOM: A room within a dwelling which is designed and built as an area for sleeping. Spaces not originally designed or built for sleeping which are converted from another use in order to be used as an area for sleeping will not be counted as a bedroom unless a building permit and certificate of occupancy were issued.
BIKE PATH: An asphalt or concrete path which has been created for nonmotorized transportation and is usually physically separate from automobile travel lanes.
BILLBOARD: See definition of Sign, Off Premises.
BLANK WALL: A street facade that is characterized by a lack of transparency into which the pedestrian can see.
BLOCK: A group of lots within defined and fixed boundaries, usually within a parcel of land, bounded by physical barriers, one or more streets, or a boundary line of a subdivision that has been legally surveyed and recorded.
BOARD: The board of county commissioners of Valley County.
BOND: A security contract between the applicant and the city which guarantees that the applicant will perform certain requirements of an approval or permit under this title or title IX of this code, by surety, cash, or letter of credit sufficient in amount and terms to assure either reclamation, or performance of any act or acts authorized by the approval or permit.
BREWPUB: A small brewery, generally producing fewer than ten thousand (10,000) barrels of beer and ale a year and frequently selling its products on the premises.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING ELEMENT: An exterior wall, or roof, or bay window, or deck, or patio, or balcony, or any other part of the exterior of a building which has an exterior surface that is in a different plane from the other parts of the building to which the element is attached.
BUILDING PERMIT: A permit pursuant to title II of this code, including without limitation the international building code adopted by that title. Such permits shall be issued only if the activity to be permitted conforms to title II and this title. Building permits are issued by the city building department.
BUILDING, PRINCIPAL OR PRIMARY: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS: Any retail or wholesale store, professional office, or similar kind of commercial establishment. See also, definition of Home Occupation.
CAMP: Property owned or leased by any organization exempt from federal income tax, which property is used for such purposes as recreation, outdoor education, outdoor instruction, and deliberation. "Camp" does not include a church building or church school unless it is accessory to an outdoor operation of larger scope, does not include property used for commercial purposes, and does not include facilities at which services or lodging are offered to the general public for a fee. Thus "camp" includes youth summer and youth winter camps operated by the Girl Scouts, Boy Scouts, Campfire, YMCA, YWCA, and the like, and youth summer and youth winter camps operated by various organized churches; to the extent not used for generation of unrelated business income; and includes state park and U.S. forest service public campgrounds. Thus a "camp", when permitted as a conditional use, does not include renting rooms, cabins, buildings, campsites, spaces, or the like, with or without meals, to tourists or vacationers, even if the tourists or vacationers are members of the owner organization.
CAR WASH: An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CARE CENTER: A place, home or facility providing care for which compensation is paid, for more than five (5) children of preschool age, or for more than eight (8) adults with diminished capacity to manage their own affairs.
CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery, for which perpetual care and maintenance is provided.
CHURCH: A structure or portion of a structure used for the purpose of worship by any religious organization exempt as such from federal income tax.
CITY: The area within the corporate city limits of the city of McCall, and the government thereof.
CITY ENGINEER: An employee of or contractor to the city who is a registered professional engineer responsible for advising the city as to infrastructure design, mapping, code issues, planning, plat review and other related tasks.
CITY STANDARDS: Those standards for improvements as set forth in the city of McCall improvement standard drawings, etc., as adopted by the city council.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention but which building does not provide board (outpatient only).
CLUB: A building, or a portion thereof, primarily for the exclusive use of members and their guests, owned or operated by an association of, but 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.
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.
COLLOCATION: The use of a common wireless communication facility or common site by two (2) or more service applicants or use by one applicant of a single site for two (2) or more technologies. It is also called site sharing.
COMMERCIAL COACH: A manufactured structure designed to be used for commercial and other nonresidential purposes, which bears the label of the department of labor and industrial services, building bureau. The label shall designate the unit's plan approval number, occupancy group classification and type of constructions specified in the international building code.
COMMERCIAL PROJECT: A structure or development that, after completion, would be devoted to commercial or business purposes.
COMMISSION: The city or county planning and zoning commission, one or the other having jurisdiction.
COMMON OWNERSHIP: The joint and simultaneous ownership of a piece of property (a common area) by the owners of separate parcels or units; for example, within a condominium or PUD development.
COMMUNITY HOUSING GUIDELINES: Guidelines adopted by the city, county and other local jurisdictions which delineate authority, policies, procedures, and reporting methods for managing community housing.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the board and/or council affecting land within the planning jurisdiction, and including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.
CONCLUSIONS OF LAW: That part of a decision document which relates found facts to applicable provisions of this title. See Idaho Code section 67-6535.
CONDITIONAL USE: A special or conditional use, as defined in Idaho Code title 67, chapter 65, permitted within a zone under a permit approved by the council. Conditional uses authorized to be permitted in each zone are listed in the chapter relating to that zone.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, an interest or interests in real property, or any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or a combination thereof. Condominium development within the city of McCall and its area of impact is subject to title IX, "Subdivision And Development", of this code, and shall be developed in accordance with section 9.2.08 of this code. See Idaho Code section 55-101B, as amended.
CONDOMINIUM AREA: The entire project excepting all units.
CONDOMINIUM PROPERTY: The land described in the declaration recorded pursuant to Idaho Code section 55-1505, together with every building, improvement or structure thereon, and every easement or right appurtenant thereto, and all personal property intended for use in connection therewith or for the use, benefit or enjoyment of the condominium owners.
CONDOMINIUM UNIT: The separate interest in a condominium.
CONFINED ANIMAL FEEDING OPERATION (CAFO): Involved in the feeding or holding of animals or poultry, including, but not limited to, horse, cattle, sheep, or swine feeding areas, dairy confinement areas, slaughterhouse or shipping terminal holding pens, poultry and egg production facilities and fur farms. The buildings, pens, or lot surfaces have been prepared with concrete, rock, or other material to support animals in wet weather. They have wastewater treatment facilities or discharge waste into adjacent water bodies. The facility does not produce crops, forage, vegetation, or provide pasture for the animals.
CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').
CONTAINER: A garbage can, dumpster or any other kind of storage device customarily sold or rented for use as a temporary storage of waste matter and lawfully located on the property in question.
CONTRACTOR STORAGE YARD: Area used for the storage of equipment and material used in contractor's business.
CONVENIENCE STORE (NEIGHBORHOOD CONVENIENCE STORE): Any retail establishment offering for sale prepackaged food products, household items, and other limited goods and having a gross floor area of less than four thousand (4,000) square feet.
CORNER VISION: Those areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety.
COUNCIL: The city council of the city of McCall.
COUNTY SURVEYOR: The professional land surveyor appointed by the county pursuant to Idaho Code section 50-1305 to check plats and computations thereon.
DAYCARE: See definition of Care Center.
DECK: An unenclosed flat floored area, whether roofless or covered, whether on one level or multiple levels, adjoining or used in conjunction with a building; the term includes porches, and patios; a fully enclosed porch is considered a room of the dwelling.
DECORATIVE POLE: A pole that is specially designed and placed for creating a sense of place or identity to a specific location, such as in the downtown and around parks.
DEDICATION, DEDICATE: The setting apart of land or interests in land for use by the public, and unless otherwise stated in the document making the dedication, the legal equivalent of a deed in fee simple determinable for the purposes evident, for example, streets, and other utilities and the purposes reasonably implied. "Dedicate" is the verb transitive for the making of a dedication.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
(A) Gross Density: The number of dwelling units per acre of total land area, including street rights of way within the land and one-half (1/2) of the abutting rights of way.
(B) Net Density: The number of dwelling units per acre of land when the acreage involved is computed excluding street rights of way.
DEVELOPMENT: Any construction or activity that changes the existing character or use of land upon which such construction or activity occurs.
DEVELOPMENT AGREEMENT: A contract or agreement between the city and a developer or developers in accordance with Idaho Code section 67-6511A.
DIRECTOR OF PUBLIC WORKS: That official of the city who is responsible for the administration of the public utilities and streets within the city and whose responsibilities include review of plats, maps and surveys for compliance with this title.
DOCK: Any structure extending from dry land into, upon, or over a body of water, providing moorage for watercraft and/or access to the body of water. "Dock" includes landing pier and wharf, and includes the means of access and egress to and from the dry land.
DOMESTIC LIVESTOCK: Animals such as, but not limited to, horses, cows, goats, rabbits, poultry, pigs, sheep or other typical farm animals and may include mink, chinchillas and such animals raised for pelts.
DOUBLE FRONTAGE LOT: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets.
DRIVEWAY: A nondedicated vehicular access constructed on private property providing access to not more than five (5) residential dwelling units.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses, condominiums, and apartments, with varying arrangements of entrances.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, DORMITORY, BED AND BREAKFAST): A dwelling or part thereof, other than a hotel, motel or restaurant, where lodging and, occasionally, meals are provided for compensation for three (3) or more unrelated persons, where no cooking or dining facilities are provided in the individual rooms.
DWELLING, SHORT TERM RENTAL: A residence, including single-family or a multi-family unit, which is rented for the purpose of overnight lodging for compensation, money, rent or other bargained for consideration for a period of one or more days and not more than thirty (30) consecutive days. Short term rentals are also commonly referred to as tourist or vacation rentals. Short term rentals with occupancy of twenty (20) persons or more within residential zones shall require a conditional use permit.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space; when considered in the context of enforcement of restrictions, any space so used.
DWELLING UNIT: Living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, of a size and configuration suitable for use by only one family and its household employees; when considered in the context of enforcement of restrictions, any space so used.
DWELLING UNIT, ACCESSORY: A residential dwelling located on the same property as a principal dwelling unit either within or attached to the principal residence or in a detached structure that provides basic Building Code requirements for sleeping, eating, cooking and sanitation.
DWELLING UNIT, LOCAL HOUSING: A residential dwelling unit deed restricted for the primary residence of (1) an employee working a minimum of 30 hours per week or 1560 hours per year within the McCall Area for a set period (six months) or have an employment offer from a McCall Area business; (2) a senior age 65 years or over where the dwelling unit is their primary residence; or (3) a person with disability. Local housing units may be for homeownership or long-term rental (more than thirty days).
DWELLING UNIT, PRINCIPAL: A dwelling unit which serves as the principal or primary dwelling for a household, as opposed to a guest home or accessory dwelling.
DWELLING UNIT, SEASONAL: A residential dwelling unit including modular units, containers, soft wall shelters, mobile prefabricated structures, recreational vehicles, or trailers, not affixed to the ground by a permanent foundation.
EASEMENT: A property interest (less than a fee simple estate) which an entity has in land owned by another, entitling the holder of the interest to limited use or enjoyment of the other's land, such as for a driveway, installation of utility lines, or the like, the purpose of which shall be designated and placed on the plat as appropriate. Plats shall show the entity to which the easement has been granted.
EFFECTIVE DATE OF THE APPLICABLE REGULATIONS: The effective date of the first pertinent ordinance ever adopted by the city. "Pertinent ordinance" means, for example with respect to a nonconforming use, the first ordinance which prohibited that use on that land, which ordinance (and its successors) has continued in effect to the time as of which the legality of the use needs to be determined.
ENVIRONMENTAL ASSESSMENT: The critical appraisal of the likely effects of a proposed project, activity, or policy on the environment, both positive and negative.
EXCAVATION: See chapter 70 of the international building code.
EXTERIOR: Those outside portions of a structure, landscape, or lot that are visible from a public right of way or an adjacent property.
FAIR DISCLOSURE STATEMENT: A notification to prospective buyers of property near airports that they may be exposed to potentially impactive levels of aircraft overflight.
FENCE: A hedge, structure, or partition, erected for the purpose of enclosing or delineating a piece of land, or to divide a piece of land into distinct portions or ownerships.
FINDINGS OF FACT: That part of a decision document which sets out those facts in evidence found by the fact finder, and which the fact finder believes are necessary and material to their decision. See Idaho Code section 67-6535.
FOOTPRINT: The area of the lot which is within the perimeter created by a vertical extension to the ground of the exterior walls of all enclosed portions of a building, including all attached structures, decks, porches, and accessory annexes.
GARAGE, REPAIR: A building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work.
GARAGE, RESIDENTIAL: A building designed and used for the storage and care of motor vehicles owned by the property owner or guests.
GARAGE, SIDE-LOADED: A garage that does not face the street or is less than ninety (90) degrees from the street.
GROUND FLOOR: The floor of a building with a principal entrance which faces the street to which the building address is assigned.
HARDSHIP: As applied to a request for a variance, an act of depriving an owner of a property the opportunity to use that property to the reasonable use because of some feature or condition of the property.
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEALTH AUTHORITY OR HEALTH DEPARTMENT: That office of the Central district health department having approval jurisdiction over land development within the city, such as: location and engineering for septic systems; water systems (wells and distribution); review of subdivision plats, etc.
HEIGHT, AIRPORT: For the purpose of determining the height limits in all zones set forth in section 3.6.05 and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
HEIGHT, BUILDING: Building height shall be measured vertically from any point on a proposed or existing building element to the existing grade prior to construction or finished floor elevation after construction, whichever is more restrictive, directly below said point on a proposed or existing building element. (The highest to lowest measurement at any given vertical structure line.)
Excluded from the height measurement are: antennas (approved), roof stair access enclosures/projections, cupolas, chimneys (up to 10 feet above the highest point of the roof surface), steeples, and spires.
HEIGHT, FENCE OR SCREEN: The vertical distance measured from the existing grade prior to construction to the top of the fence. For the purpose of applying height regulations, the average height of the fence along any unbroken run may be used, provided the height at any point is not more than ten percent (10%) greater than that permitted by this title.
HOME OCCUPATION: A business conducted within a dwelling unit, which activity is clearly incidental to the use of the residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
HOTEL OR MOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation. The term does not include a "dwelling, rooming house" or "dwelling, short term rental" (see definition of Dwelling, Rooming House (Boarding House, Dormitory, Bed And Breakfast) or Dwelling, Short Term Rental in this section).
HOUSEHOLD: One or more persons related by blood, marriage, legal adoption or guardianship, plus not more than five (5) additional persons who live together in one dwelling unit; or one or more handicapped persons as defined in the fair housing amendments act of 1988, with amendments, plus not more than five (5) additional persons, who live together in one dwelling unit.
INDUSTRY, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource; "mineral" for these purposes also including the so called "common varieties" of earth materials.
INFRASTRUCTURE: The facilities, properties, supports and utilities which provide services.
INSTITUTION: Building and/or land designed for educational services (school) or to aid individuals in need of mental, therapeutic, rehabilitative, counseling, correctional, or like services.
JUNK: Any kind of liquid or solid waste when kept under objectively bona fide claim that the same may be of future use as is, as repaired, for parts, or as recycled; including, without limitation, trash or refuse of any kind, litter, commercial waste, industrial or construction or demolition debris of any kind, such as rubble, broken asphalt and concrete, crates, cartons, metal, glass; appliances or appliance shells, vehicle bodies and parts, and inoperable or damaged vehicles, and any castoff tangible personal property or fixtures; where kept without any such claim of future use, such material constitutes waste material prohibited under title V of this code.
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or combination of the same, on which junk is stored or processed, including, but not limited to, recycling facilities.
KENNEL: Any lot or premises, on which three (3) or more domesticated animals more than six (6) months of age are bred, boarded, trained or sold.
LARGE SCALE RETAIL BUSINESS DEVELOPMENT: A development that is proposed to consist of any structure designed with a footprint larger than forty thousand (40,000) square feet for any one retail establishment. This definition does not include government uses, educational uses, health centers or hospitals, and similar establishments.
LAUNDROMAT: A self-service laundry facility not offering dry cleaning, and open to the public; the term does not include a laundry facility which is an accessory use for a planned unit development, for a multi-family housing development, or for a mobile home or travel trailer park or campground, or the like.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off street parking spaces are filled.
LOT: A quantity of land shown as an individual unit on the most recent relevant, approved plat of record or approved record of survey; and also a quantity of land described in a deed recorded prior to March 24, 1994, and apparently executed for the purpose, whether immediate or future, of building development. The word "lot" includes the words "parcel" and "tract" where such parcel or tract is the smallest quantity of land that includes the site of a proposed use or building with respect to which a permit is sought, which quantity of land is the subject of a deed of record. "Lot" does not include a strip or gore of land which was apparently conveyed for the purpose of adjusting the boundary between ownerships of record. "Parcel" and "tract" can also mean a larger quantity of land out of which a subdivision is being created, or a tract of land set aside for future development, as the context makes most suitable. "Approved" as used in this paragraph means formally approved under these or predecessor subdivision regulations.
LOT, AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT COVERAGE: The building footprint plus other surfaces such as driveways, decks, patios, and walkways expressed as a percentage of the total lot area. See section 3.3.06 of this title.
LOT, FLAG: A lot with access to the bulk of the lot provided by a narrow corridor.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yards" in this section.
LOT LINE ADJUSTMENT: A change or modification of easement lines or boundary lines between existing lots, parcels of land, or properties, which does not reduce the area, frontage, width, depth, or building setback lines of each lot, parcel of land, or property below the minimum zoning requirements and which does not create additional lots or new streets.
LOT OF RECORD: A lot in a subdivision the plat of which is of record in the office of the county recorder; or a lot or parcel described in a record of survey or deed so recorded prior to March 24, 1994.
LOT, THROUGH: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may also be referred to as "double frontage" lots.
LOT WIDTH: The distance parallel to the front lot line, measured between side lot lines through that part of the building envelope or buildable area of the lot where the lot is narrowest.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, which require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and which normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution.
MANUFACTURING, LIGHT: 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.
McCALL AREA: The geographic area defined in the adopted Local Housing Policy for the City of McCall, or in the absence of the same, the City limits of the City of McCall, Idaho and its Area of Impact.
MEAN HIGH WATER MARK: The mark on all watercourses, where the presence and action of waters is so common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, and destroys its value for agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.
MOBILE HOME: A vehicle or structure constructed with wheels for use on the public highways, which has sleeping, cooking and plumbing facilities, is intended for human occupancy and is being used for residential purposes. The term "mobile home" does not apply to any prefabricated section of a factory built house to which wheels may be attached for the purpose of moving it to a permanent location where it becomes affixed to real property.
MOBILE HOME PARK: Any privately owned place where two (2) or more mobile homes used for human occupancy are parked within five hundred feet (500') of each other on a lot, tract or parcel of land under the same ownership.
MOBILE HOME SPACE: A plot of land within a mobile home park designated for the accommodation of a mobile home.
NONCONFORMING MOBILE HOME: A mobile home which is not permitted under the district in which it is located, but which was permitted by or conformed to requirements of a zoning ordinance in effect prior to March 16, 2006.
NONCONFORMING USE, DEVELOPMENT, OR STRUCTURE: A use, development, or structure not permitted in the relevant zone or not conforming to one or more standards in this title or title IX of this code, but which lawfully existed prior to the effective date of this title and which is permitted to continue. See chapter 11 of this title.
NOTICE: As required by chapter 15 of this title.
NURSERY: Land, building, structure or combination thereof for the storage, cultivation, and transplanting of live trees, shrubs or plants offered for retail sale on the premises; such use may include sale of products used for gardening or landscaping.
OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 3.7.051.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities deemed similar by the commission and approved by the council. Streets, parking areas, structures for habitation, and the like, shall not be included as open space.
OVERLAY: Describes a zone imposing requirements in addition to those of an underlying zone, applied where characteristics of the land or the type of development proposed for the land require special considerations.
OWNER: The person or persons holding the fee simple estate. For purposes of enforcement, the owner in fee simple and also the person or persons in possession.
OWNER OCCUPANCY: A residential dwelling unit that is occupied by the property owner on a full-time basis.
PARK, PUBLIC: An area of publicly owned land retained in the natural state and/or developed with walks, recreation facilities, picnic areas, etc., for the use and enjoyment of the public.
(A) Park: A parcel of land dedicated to the public or privately owned. A park is maintained for the primary purposes of recreations and/or green space.
(B) Green Space: Planned and preserved open land, an interconnected system of open land, and determined to have cultural, ecological, and/or recreational value.
(C) Parks And Recreation Advisory Committee: The McCall parks board, a recommending body whose members are appointed by the council.
(D) Master Plan: The McCall parks, lands and trails master plan, as may be amended from time to time.
PARKING AREA: An area reserved for the parking of vehicles consisting of one, or more, parking spaces.
PARKING, ON SITE: The area off of any public or private street, access easement or alley used for the transient storage, with appropriate dimensions, of passenger vehicles, parking stalls, access drives and aisles.
PARKING SPACE, OFF STREET: A space designed and designated for the parking of vehicles located totally outside of the right of way of any street or alley, together with properly designed access to a public street or alley, and maneuvering room.
PATIO: A recreation or living area that adjoins or is used in conjunction with a dwelling or other building, is on grade, and is usually paved or surfaced, e.g., wood, stone, brick, etc., often used for outdoor dining.
PEDESTRIAN AMENITY: An area adjacent to a street right of way that is improved for pedestrians; such areas include, but are not limited to, plazas, outdoor seating areas, bus waiting areas, and street furnishings (e.g., seating, planter, drinking fountains, public art, kiosks, way finding signs, etc.) within such areas.
PERIMETER FENCING: Fencing which substantially encloses the property in question.
PERMANENT LIVING QUARTERS: The use of a mobile home on one specific site for living quarters for a period in excess of forty five (45) days in any twelve (12) month period shall constitute a use for permanent living quarters.
PERSON: An individual, firm, partnership, corporation, limited liability company, association, joint stock association, state subdivision, municipal corporation, or any other private entity or governmental or quasi-governmental agency, or group or combination thereof acting as a unit.
PERSONAL SERVICES: Services rendered to the general public, such as, but not limited to, those rendered by shoe repair shops, barbershops, beauty parlors and similar activities, for financial gain.
PIER: That construction erected upon the shore for the purpose of providing access to docks.
PLANNED UNIT DEVELOPMENT (PUD): An area of land described in a final plan approved pursuant to chapter 10 of this title, and the improvements and land features to be constructed on it pursuant to the approval given.
PLANNING JURISDICTION: The geographic area consisting of the city of McCall together with the city of McCall area of city impact.
PLANNING STAFF: The individuals assigned by the city to conduct the planning functions of the city.
PLAT, FINAL: The plat of a subdivision or dedication, or any portion thereof, completely approved and executed for filing and recording in the office of the Valley County recorder, pursuant to title IX, chapter 2 of this code.
PLAT, PRELIMINARY: A preliminary plan of the plat, subdivision or dedication containing the elements and requirements set forth in title IX, chapter 2 of this code.
PLOT PLAN: A plan showing the layout of improvements on a lot. The plot plan usually includes location, dimensions, parking areas, landscaping and the like.
PRIMARY SURFACE: A surface longitudinally centered on a runway. The primary surface extends two hundred feet (200') beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
PRINCIPAL STRUCTURE: A structure located on a parcel which is designed for and used as the primary structure as opposed to an attached or accessory structure.
PRIVATE COMMUNITY USES: Parochial schools, colleges, camps, hospital, and other facilities of an educational, charitable, philanthropic or nonprofit nature.
PROFESSIONAL OFFICES: The use of a building or part thereof and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, real estate brokers/agents, title companies, subdivision or fractional ownership sales and marketing, and similar professions.
PUBLIC OR SEMIPUBLIC PROJECT: A structure or development that, after completion, would be devoted to public or semipublic uses, including churches and schools.
PUBLIC RIGHT-OF- WAY: Land dedicated or reserved for use as a public way, which normally includes streets, alleys, open spaces, sidewalks, trails, and other public utilities or service areas.
PUBLIC SERVICE FACILITY: Buildings, power plants or substations, water treatment plants, pumping stations, sewage disposal or pumping plants, and other similar public service structures; operated by a public utility, or by a municipal or other governmental agency; for purposes of furnishing of electrical, gas, communication, water, sewer, and similar 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 not including public service facilities.
RECORD GRADE: The natural grade existing prior to any site preparation grading, or filling, unless a new record grade is approved at the time of subdivision approval and noted on the filed final plat.
RECREATIONAL VEHICLE: A vehicular unit primarily designated as temporary living quarters for recreation, camping or travel which either has its own power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home.
RECREATIONAL VEHICLE PARK: An area for the temporary placing of movable vehicles designed and used for human occupation and housekeeping which involves land under single ownership with lots rented for the location of recreational vehicles and provision of facilities and services to campers by management.
REPLAT: A plat of a resubdivision, altering an existing plat or portion thereof. A replat does not automatically change the dedication of rights of way and easements on previous plats; the dedicated parts of the plat can only be vacated by specific action of the council, with commission recommendation, on an application for a vacation.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemistry, pharmacology, medicine, electronics, transportation, and engineering.
RESTAURANT: A place of business which sells or serves food products and beverages for consumption on the premises, with a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining may be permitted out of doors on a patio, deck or terrace integrated into the building design.
RESTAURANT, FORMULA: An eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:
(A) Business name common to more than five (5) similar businesses located elsewhere;
(B) Standardized menus, ingredients, food preparation, uniforms, or other standardized features common to more than five (5) restaurants located elsewhere;
(C) Interior decor common to more than five (5) similar businesses located elsewhere;
(D) Architecture or exterior signs common to more than five (5) similar businesses located elsewhere;
(E) Use of trademark or logo common to more than five (5) similar businesses located elsewhere (but not including logos or trademarks used by Chambers of Commerce, Better Business Bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or
(F) A name, appearance, or food presentation format which causes it to be substantially identical to more than five (5) restaurants within or outside Valley County.
Provided, an eating establishment which has commonality with another restaurant or business in a manner which is described in subsection (A), (B), (C), (D), (E) or (F) of this definition shall not be considered a "restaurant, formula" under this chapter if the commonality is shared with five (5) or fewer other restaurants or businesses.
RETAIL BUSINESS: A business which sells goods to the public at a price normally greater than the wholesale price.
RETAIL, FORMULA: A retail, service retail, vending service retail, or restaurant business (including fast food and coffee shops) that is required by contractual or other arrangement to maintain standardized services, merchandise, menus, ingredients, food preparation, uniforms, decor, logos, architecture, signs, or similar features.
RETIREMENT OR ASSISTED LIVING HOME: A dwelling designed for the habitation of elderly, or invalid, individuals who may require some limited level of living assistance.
RIGHT-OF-WAY (PUBLIC): A strip of land taken, dedicated, or otherwise acquired for use as a public way. In addition to the roadway, it normally incorporates space for curbs, planting strips, sidewalks, lighting, drainage facilities, and snow storage; and may include special features (required by the topography or treatment) such as back slopes, fill slopes, grade separation, landscaped areas, viaducts and bridges. See the definitions of Street and Street, Gated.
RIPARIAN SETBACK: The distance measured at right angles from the mean high water mark of a waterway, between the mean high water mark and an imaginary line parallel to the mean high water mark, defining an area between such lines within which no building or other applicable structure may be placed, and whereby any existing vegetation shall remain undisturbed.
ROADWAY: A portion or portions of a street right-of-way or of a street without platted right-of-way developed, appropriately surfaced, and opened for vehicular traffic, commonly used by the public, measured to the curb, in the absence of a curb to the top of the back slope of the borrow ditch, and in the absence of curb or borrow ditch, to the bottom of the fill slope; where there is no curb, no borrow ditch, and no fill slope, then to the edge of the traveled way.
RUNWAY: A defined area on an airport prepared for landing and take-off of aircraft along its length.
SCALE, PEDESTRIAN: The size, texture, and articulation of a structure that matches the size and proportions of humans. Building details, pavement texture, street trees, and street furniture are all physical elements contributing to pedestrian scale.
SCHOOL: An institution providing full time day instruction which is accredited by and meets the requirements of the Idaho State Board of Education, including nursery schools or kindergartens whose annual session does not exceed the school sessions for full time day schools.
SEAT: 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, or each twenty four (24) linear inches of benches, pews or space for loose chairs.
SECURITY TRAILER: A mobile home used for residential purposes in the operation of a business or industry to provide living quarters on the premises for a night watchman or caretaker.
SERVICE RETAIL BUSINESS: A business which sells a service to the public at a price normally greater than the wholesale price.
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, light maintenance activities such as engine tuneups, lubrication, exhaust system repair, minor repairs and carburetor cleaning are conducted. Activities conducted at a service station shall not include major mechanical and body work, straightening of body parts, painting, welding or storage of automobiles. Additionally, the sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers is permitted, as accessory and incidental to principal service station operations.
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 an element of a building or structure shall not be located aboveground except as may be provided in this title. The setback line for any particular building element shall be determined by measuring from the appropriate lot line to the outermost protrusion of the building element or structure such as the roof drip line of a roof, eaves of a roof, or rail of a deck. The setback line from the water pool shore contour or high water mark shall be measured from the nearest point of such water pool shore contour or high water mark. Setbacks shall be measured on the horizontally projected plane.
SHOPPING CENTER: A complex of retail businesses grouped together and having a common parking area.
SHORELINE: See water pool shore contour, high water mark.
SIDEWALK: That portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGN: See chapter 9, "Signs", of this title.
SITE PLAN: A detailed plan for a parcel which includes information about the plot, buildings and other improvements, rights of way, easements, natural features, etc.
SKYLINES: Ridges or hilltops that do not have backdrops behind them.
SLASH: Brush, severed limbs, poles, tops and other waste material incident to logging or land clearing which are less than or equal to three inches (3") in diameter.
STORAGE FACILITY, SELF-SERVICE: A facility designed primarily for the covered or enclosed storage of belongings of the public on a rental basis. These facilities are usually secured with fencing and security gates.
STORAGE OR MERCHANDISING FACILITY, TEMPORARY: Includes, but is not limited to, tents, freight trailers, freight containers, or other storage units, which are being used for storage of equipment or inventory, or used for the display and sale or rental of equipment or merchandise; but does not include personal utility or boat trailers in a residential district on the property of the owner of the same.
STORAGE YARD: Any area used for storage of vehicles, equipment, materials and/or similar items, either commercial or private.
STORY: That part of a building between the surface of a floor and the ceiling immediately above it, including the ceiling structure.
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, avenue, boulevard, lane, place, and other such terms. Streets are classified as follows (where an existing street has less than the below indicated width of right of way, such fact shall not deprive it of the status of "street", but shall instead evidence city policy for lawful acquisition of right of way in the fullness of time). Streets are designated in title VIII, "Public Ways And Property", of this code.
(A) Minor: A street which has the primary purpose of providing access to abutting properties, of which the right of way shall be not less than sixty feet (60') in width;
(B) Collector: A street designated in title VIII of this code for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets, of which the right of way shall be not less than seventy feet (70') in width.
(C) Arterial: A street designated in title VIII of this code for the purpose of carrying fast and/or heavy traffic, of which the right of way shall be not less than eighty feet (80') in width.
(D) Private: A street that is not accepted by the city (or, in the impact area, by the county) for public maintenance which provides vehicular and pedestrian access, of which the roadway shall be adequate in width to provide access for emergency vehicles when snow is being stored, and in any event with a paved roadway not less than twenty feet (20') wide. Minimum right of way for a private street shall conform to the functional classification in subsections (A), (B), and (C) of this definition or as otherwise approved by the commission (see section 9.6.05 of this code).
(E) Emergency Access Street: A street designed to connect two (2) otherwise incompatible streets with excessive cul-de-sac lengths so as to remove the incompatibility and which will accommodate emergency, and other, vehicles. The right of way shall not be less than forty feet (40'), with a paved roadway of at least twenty feet (20') wide.
(F) Cul-De-Sac: A short street terminated by a vehicular turnaround.
(G) Dead End: An adjective describing a street terminating at a property line, having no outlet.
(H) Alley Or Alleyway: A minor way which is used primarily for vehicular service access to the rear or side or properties also abutting on a street.
(I) Frontage: A minor street parallel to and adjacent to an arterial street providing access to abutting properties and protection from through traffic.
(J) Highway: A street designated as a state or federal highway by the state or federal agency responsible therefor.
(K) Half: A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided by dedication in connection with approval of an adjoining subdivision.
STREET FACADE: Any wall abutting a dedicated public street.
STREET, GATED: Any street, public or private, with a gate across the traveled way, whether open at all times or periodically closed and locked or otherwise secured.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as a bearing wall, column, beam or girder, floor or ceiling joist, roof rafter, roof diaphragms, foundation, pilings, retaining walls, or similar elements, or changes in roof or exterior lines.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, decks, patios, satellite dishes, billboards, fuel tanks, refuse enclosures, and piers or any other construction erected to connect docks to the shore; "structure" does not, for purposes of setbacks from the lot lines, include:
(A) Paths, steps, and sidewalks of less than forty nine inch (49") width; and driveways from access streets to automotive vehicle storage areas;
(B) Inground patios;
(C) Detached planter boxes, walls not more than thirty inches (30") in height, or other landscaping features, which landscaping features are not more than thirty inches (30") above the natural terrain, or lot line fences except as otherwise provided in section 3.7.023 of this title; and
(D) Docks and retaining walls otherwise permitted by this title.
STRUCTURE SIZE: The square footage of all floors, conditioned and unconditioned, and habitable attics, and including covered porches, decks, and other usable areas under roofs as measured to the outside of the exterior walls; excluding eaves unless intended to cover useable space.
SUBDIVIDER: An applicant for approval of the platting of a subdivision of land pursuant to title IX of this code. The subdivider shall be an "owner" as defined in this section. For purposes of enforcement, "subdivider" also includes a person who creates an unapproved subdivision.
SUBDIVISION: The division of a tract or parcel of land into two (2) or more lots, sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, including any resubdivision, and when appropriate to the context, the process of subdividing the land subdivided. "Subdivision" is so defined for purposes of subject matter jurisdiction; that certain action constitutes a "subdivision" for purposes of this title and title IX of this code does not imply the necessity of a plat under state law, as opposed to a "record of survey" under state law approved as to zoning by the city. See title IX of this code.
SUPERMARKET: A "supermarket" or "grocery store" is a store that sells a wide variety of food. A supermarket is larger than and more than a grocery store. Most supermarkets also sell a variety of other household products that are consumed regularly, such as alcohol (where permitted), household cleaning products, medicine, and clothes.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
SURVEYOR: A professional land surveyor registered in the state of Idaho.
TEMPORARY LIVING QUARTERS: A living quarters used by a family or individual(s) for a limited period of time for an approved purpose, such as the construction of a permanent dwelling; the time limit is to be proposed by an applicant and approved by the administrator.
TOWNHOUSE DEVELOPMENT: A planned residential project of two (2) or more townhouse units which may be constructed as single building(s) containing two (2) or more townhouse units. Each unit within the development shall be separated from the adjoining unit or units by firewalls as required by the international building code, as amended, each unit having its own access to the outside, and no unit located over another unit in part or whole. All townhouse development(s) shall be platted under the procedures contained in title IX of this code.
TOWNHOUSE SUBLOT: The lot resulting from platting a residential townhouse development.
TOWNHOUSE UNIT: One or more rooms, including a minimum of one bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot, and meeting the efficiency dwelling unit standards established in the international building code, as amended.
TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90°) angles to the runway centerline, and the runway centerline extended, at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at ninety degree (90°) angles to the extended runway centerline.
TREE: A tall perennial woody plant having a main trunk and branches forming a distinct elevated crown.
UPPER FLOOR: Any floor of a building which is situated above the elevation of the ground floor.
USE: The specific purposes for which land or a building, or a portion of either or both, is designated, arranged, or intended, or for which it is or may be occupied or maintained.
UTILITIES: Installations for conducting water, sewage, gas, electricity, cable television, fiber optics and stormwater, and similar facilities providing service to and used by the public.
UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
VARIANCE: The relaxation of an otherwise applicable dimensional requirement. See chapter 13 of this title.
VEHICLE: A "vehicle" as defined in the Idaho Code; however, for purposes of the sign regulations, authorization of signs on vehicles, a vehicle which is currently, regularly, commonly, and principally used for a significant transportation purpose other than display of such sign and which motor vehicle is not under any circumstances to be used principally as a sign for a business, either in the scenic route overlay district, or elsewhere, no matter how conforming to this title the sign may otherwise be.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observations and/or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area, in order to better locate and orient the area affected by an application.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WALL: A constructed solid barrier of concrete, boulders, bricks, tiles or similar types of material that limit visibility and the flow of air and light.
WALL, RETAINING: A wall constructed for the purposes of stabilizing soil, retarding erosion or terracing land.
WASTE MATTER: Any kind of liquid or solid waste, including without limitation, trash, household garbage or refuse of any kind, such as rubble, broken asphalt and concrete, crates, cartons, metal, glass; appliances or appliance shells; vehicle bodies and parts; or accumulations of manure other than that customarily in pastures and in association with fertilization of lawful on site agricultural uses. "Waste matter" also includes anything that was in a waste container but which has escaped from the same.
WATER POOL SHORE CONTOUR, PAYETTE LAKE: The intersection with the shore of a horizontal plane at an elevation of 4,988.79 feet above sea level. It is irrelevant for purposes of this title that such contour is or is not covered by water at any particular time or times.
WETLANDS: Lands which are dedicated and protected in accordance with Federal laws and are not to be included in the calculation of land to meet the requirements for parks.
WIRELESS COMMUNICATION FACILITY, SMALL SCALE: Antennas and equipment required for the operation and maintenance of small cells, fixed wireless antennas and including distributed antenna systems (DAS) typically installed on utility, traffic light and signal poles in the public right-of-way.
WIRELESS TELECOMMUNICATION FACILITY, MAJOR: A steel monopole or similar structures including wireless antenna equipment such as transmitters, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, as well as ground support structures, equipment buildings and parking areas.
WRECKING YARD: A place where the dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, occurs. See also definition of Junk Buildings, Junk Shops, Junkyards.
YARD: An area, unoccupied and unobstructed by any structure or portion of a structure; provided, that accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility, defined as the area between the lot line and the setback line.
YARD, USABLE: One (1) or more well drained open areas covered with lawn grass or other suitable cover material, located on the same lot as the principal use, for use by the residents for outdoor activities. Usable yard may be computed in part using sandboxes, horseshoe pits, and like outdoor recreational facilities. No dimension of the usable yard shall be less than ten feet (10'). "Usable yard" does not include driveways, common walks, refuse storage or collection areas, or off street parking or loading areas. Decks and accessible flat roof areas having at least one (1) dimension of ten feet (10'), and no dimension less than three feet (3'), may be used to meet a usable yard requirement. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 840, 9-6-2007; Ord. 846, 11-5-2007; Ord. 864, 2-12-2009; Ord. 880, 9-23-2010; Ord. 930, 12-18-2014, eff. 1-1-2016; Ord. 952, 11-3-2016; Ord. 983, 12-19-2019, eff. 1-1-2020; Ord. 984, 12-19-2019, eff. 1-1-2020; Ord. 987, 4-9-2020; Ord. 989, 4-23-2020; Ord. 998, 1-14-2021)