For the purposes of this code, certain terms are defined as set forth in this section. All words in the present tense include the future tense, the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory.
ABATABLE NUISANCES: Nuisance conditions that may be abated by the city in accordance with the provisions of this code.
ACCESSORY STRUCTURE: A detached structure that is incidental to the principal structure and is located upon the same property. For example: awnings, detached private garages, detached carports, detached sheds, factory built additions, gazebos, greenhouses, patios, tool or storage cabinets and sheds, playhouses, porches, private workshops, ramadas or irrigation pump houses. The term shall not include inhabited structures or fences.
ACCESSORY USE: A use incidental and subordinate to the principal use on a lot.
ADULT REGULATIONS:
Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, digital video, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. This shall also apply to any arcade, which is not customarily open to the general public because minors are excluded by virtue of age as a prevailing business practice or as required by law.
Adult Bookstore, Adult Novelty Store Or Adult Video Store: An establishment that offers for sale or rent any of the following as one of its principal business purposes:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, digital images, slides, live human representations or other visual representations which are characterized by the depiction or description of specified sexual activities or exposed specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or
C. Goods which are replicas of or which stimulate specified anatomical areas or goods that are designed to be placed on specified anatomical areas to cause sexual excitement thereof.
Adult Cabaret: A nightclub, bar, restaurant or similar premises which features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or which features films, motion pictures, videocassettes, digital images, slides or other photographic reproductions which are characterized by specified sexual activities or specified anatomical areas.
Adult Hotel/Motel: A hotel, motel or similar commercial establishment which offers public accommodations, for any form of consideration, and which: a) provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, digital images, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of off premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television; and/or b) rents, leases, or lets any room for less than a ten (10) hour period, or rents, leases or lets any single room more than twice in a twenty four (24) hour period.
Adult Motion Picture Theater: A business establishment where, for any form of consideration, films, computer generated images, digital video, motion pictures, videocassettes, slides or similar photographic reproductions are shown, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater: A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
Bikini Bar: A business, as defined in title 23 of the Idaho Code, licensed to serve beer, wine, alcohol, or spirituous liquor for consumption on the premises which features live performers or servers wearing bikinis or swimsuits covering specified anatomical areas.
Modeling Studio: A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
Sexual Encounter Premises: A premises other than a hotel, motel or similar premises, offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include a premises where an Idaho licensed medical practitioner, psychologist, psychiatrist or similar professional person engages in medical or sexual therapy.
Sexually Oriented Business: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, bikini bar, modeling studio or sexual encounter premises; or any premises where employees display specified anatomical areas or engage in specified sexual activities.
Sexually Oriented Business Employee: Any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
Specified Anatomical Areas: Any of the following parts of the human body with less than full, opaque coverings of the human genitals, anus, cleft of the buttocks, or the female breast. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities: Shall mean and include any of the following whether actual or simulated:
A. The fondling or other erotic touching of any specified anatomical areas; or
B. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
C. Sexual intercourse, masturbation, sodomy, oral copulation, coitus, ejaculation; or
D. The exposure or display of human genitals in a state of sexual stimulation, arousal or tumescence; or
E. Excretory functions as a part of or in connection with any of the activities listed above; or
F. Erotic or lewd touching, fondling or other contact with an animal by a human; or
G. Erotic dancing or rhythmic movements with a device, instrument, object or pole.
AGRICULTURE: Tilling soil, horticulture, raising crops and livestock; but excluding commercial livestock operations.
AMENITY: Any permanent infrastructure feature, for example: baseball/softball field; basketball court; boat dock/river access; community center; daycare center; fishing pond; golf course/driving range; gym/health club; playground/tot lot; skateboard park; swimming pool; tennis court.
AMUSEMENT CENTER (INDOOR): An enclosed facility, where there are various devices for entertainment used, which may include small children rides, coin operated games, bowling, restaurants, theaters and sale of items.
AMUSEMENT CENTER (OUTDOOR): A facility, where there may be rides, booths for the conduct of games or sale of items, buildings for shows, entertainment, restaurants, souvenir sales, and similar entertainment facilities and devices.
ANIMAL CONTROL:
Abandon (Animals): To forsake an animal without making reasonable arrangements for its care.
Abuse: Intentional, reckless or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care.
At Large: Off the premises of the owner, or agent, and not under control either by leash, cord, chain or other means of physical restraint. On the premises of the owner, or agent, and not confined by:
A. Substantial fence of sufficient strength, depth and height to prevent the animal from escaping therefrom, or
B. Secured on the premises by a chain, cable, cord, adequately functional electronic containment fence, or other nondestructive device sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six feet (6') to a public walkway or sidewalk when the restraint leash is stretched to full length.
Bite: The clamping of skin and subjacent soft tissues between the teeth of an animal, which may cause punctures, wounds, lacerations, infections, act as a disease vector or cause death.
Enclosure: A fence or structure of at least six feet (6') in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. Such enclosure shall be securely locked with secure sides, top and bottom and shall be designed to prevent the animal from escaping.
Microchip: An integrated circuit which is implanted subcutaneously in the flesh of an animal.
Vicious Animal: A. 1. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the roads, sidewalks, and public grounds or places, or private property not owned or possessed by the owner of the animal;
2. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or animals;
3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or animal without provocation; or
4. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
B. Notwithstanding the definition of a "vicious animal" herein, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
APARTMENT: A room or suite of rooms in a multi-family structure which is used as a single housekeeping unit (EDU) and has complete kitchen facilities permanently installed. Apartments will be accessed from a local or wider roadway.
ASSISTED LIVING FACILITY: A facility for the mildly physically or mentally impaired that provide rooms, meals, personal care, supervision of self-administered medication, and other related services such as recreational activities, financial services, and transportation.
AUCTION ESTABLISHMENT: A facility where goods are offered for sale to persons who bid on an object in competition with others. The use of a site for the public sale of goods, wares, merchandise, or equipment to the highest bidder.
BACKFLOW: The flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.
BACKFLOW PREVENTION DEVICE: A device to counteract back pressure or prevent siphonage.
BICYCLE/PEDESTRIAN PATHWAY: Land used as a bicycle or pedestrian pathway entirely through a block from road to road and/or providing access to a school, park, recreation area or shopping center.
BOARDING HOUSE: A building other than a hotel or restaurant where meals are provided for compensation to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's family.
CARETAKER RESIDENCE: A single-family residence placed in conjunction with and/or attached to a land use that requires twenty four (24) hour care in order to protect the livelihood of a business.
COMMERCIAL COACH: A manufactured structure, designed to be used for commercial and other nonresidential purposes, that 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 construction as specified in the international building code.
COMMON AREA(S): The area(s) of a facility, complex, apartment building, hotel, motel or the like that is (are) open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.
CONVENIENCE STORE: A retail establishment selling primarily food products, household items, newspapers, magazines, candy, beverages and a limited amount of freshly prepared foods, such as sandwiches and salads, for on or off premises consumption. This may or may not include a service station.
CROSS CONNECTION: Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of introducing contamination to the public water supply as a result of backflow.
DAYCARE: Care and supervision provided for compensation during any part of a twenty four (24) hour day, for a child or children not related by blood, marriage, adoption or guardianship to the person or persons providing the care, in a place other than the child's or children's own home or homes. An approved state license shall be provided to the city.
DAYCARE CENTER: A facility providing daycare where thirteen (13) or more children, regardless of relationship to the daycare owner, daycare operator or staff, are in attendance.
DAYCARE FACILITY: A place or facility providing daycare services for compensation to seven (7) or more children not related to the provider.
DAYCARE, FAMILY: A home, place or facility providing daycare for six (6) or fewer children.
DAYCARE, GROUP: A home, place or facility providing daycare for seven (7) to twelve (12) children.
DEDICATION: The setting apart of land or interest in land for use by the public. Land becomes dedicated when accepted by the city as a public dedication, either by ordinance, resolution or entry in the official minutes, or by the recording of a plat showing such dedication.
DWELLING, MULTI-FAMILY: A building, or portion thereof, containing two (2) or more dwelling units, commonly referred to as apartments and may include public housing. This applies to duplexes, triplexes, quads or clusters of dwelling units not on separate lots.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by one family, is an equivalent dwelling unit (EDU) and has waste water flow of 250 gallons per day per unit. This definition excludes any group residence whose occupants are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
DWELLING, SINGLE-FAMILY, ATTACHED: A dwelling consisting of two or more dwelling units attached to one another by a common wall(s) with each dwelling unit being on a separate lot, commonly referred to as townhouses and/or townhomes.
DWELLING, TWO-FAMILY: A building designed for use and occupancy by two (2) families living independently of each other.
DWELLING UNIT: A building designed with complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
EXTRAORDINARY RESOURCES: Government public health and safety personnel, equipment or other resources which would not, in the absence of a special event, be required or expended.
FAMILY: One or more individuals living together related by blood or marriage or a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in one single-family dwelling unit as a single housekeeping unit. For purposes of this title, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in group living arrangements as a result of criminal offenses.
FIREARM: Any instrument used in the propulsion of shot, shells, bullets or other harmful objects by the action of gunpowder exploded within it, or release of pressurized gas, compressed air, expanding gas, accelerant, spring or other force producing means including, but not limited to, what are commonly known as air rifles, BB guns, spring guns, wrist rockets, airsoft guns, pellet guns, paintball guns, bows, compound bows, crossbows and recurve bows. Firearm also includes the frame or receiver of any such weapon, any firearm muffler or silencer, or any destructive device, including, but not limited to, a bomb, grenade, rocket, missile, mine or similar device.
FLEX SPACE: A building or multi-use project used for small-scale warehousing and light industrial activity combined with office, retail, and/or other commercial uses. Individual units or buildings may be used entirely for a commercial, retail, or office use, but any warehousing and/or light industrial use cannot exceed 70% of the total square footage of the building or individual unit. Flex Space does not include mini-warehouse storage, individual storage space for rent, or a use that involves a high level of truck and loading activity.
Front and street-side elevations are enhanced with more architectural detail, including variations in roof form, building height, and building materials in addition to an increased use of glass and architectural features involving wood, faux wood, and/or metal. Entries are easily identifiable with projecting or recessed forms and additional architectural detail.
Loading docks and industrial roll-up/garage doors are located on only the rear and non-street sides of the flex space. However, glass sliding doors and architectural garage doors enhanced with significant amounts of glass, metal and/or faux wood can be located on the front elevation if they enhance the aesthetic of the front elevation.
FLOOD TERMS:
Area Of Shallow Flood Hazard: A designated AO or AH zone in the flood insurance rate map (FIRM). The base flood depths range from one foot to three feet (1' - 3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
Area Of Special Flood Hazard: The land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on flood insurance rate maps always includes the letters A or V. Also known as the "regulatory floodplain".
Base Flood: A flood having a one percent (1%) chance of being equaled or exceeded in any given year; also referred to as the "100-year flood". Designation on flood insurance rate maps always includes the letters A or V.
Base Flood Elevation (BFE): The water surface elevation during the base flood in relation to a specified datum. The base flood elevation is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.
Basement: The portion of a structure including crawl space with its floor subgrade (below ground level) on all sides.
Critical Facility: Facilities that are critical to the health and welfare of the community and that are especially important during and after a hazardous event or have the potential to increase risk to the community during a hazardous event, which include, but are not limited to, police stations, fire stations, hospitals, schools, hazardous chemical facilities, propane storage yards, cemeteries.
Development: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drill operations, and storage of equipment or materials.
Elevation Certificate: A federal emergency management agency form used to provide elevation information necessary to ensure compliance with the applicable community floodplain ordinances, to determine the proper insurance rate premium, and/or support a request for a letter of map amendment or revision (LOMA or LOMR) to flood insurance rate maps.
Flood Insurance Rate Map (FIRM): An official map of a community, issued by the federal insurance administration of the federal emergency management agency (FEMA), delineating the areas of special flood hazard and/or risk premium zones applicable to the community.
Flood Insurance Study: The official report by the federal insurance administration of the federal emergency management agency (FEMA) evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood.
Flood Or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland waters; or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
Floodplain: Any land area susceptible to being inundated by water from any source (see also definition of Flood Terms: Area Of Special Flood Hazard).
Floodway (Regulatory Floodway): The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1') as shown on the flood insurance rate map.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement or crawl space). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage in an area other than a basement or crawl space, is not considered a structure’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the application non-elevation design requirements of this chapter.
New Construction: For the purposes of determining insurance rates, new construction means structures for which the start of construction commenced on or after the effective date of September 3, 1980 of the initial Flood Insurance Rate Map and includes any subsequent improvements or additions to such structures but does not include maintenance or repairs.
For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City of Middleton and includes any subsequent improvements or additions to such structures but does not include maintenance and repairs.Lowest Finished Floor: The lowest floor of the lowest enclosed area (including basement) that is finished or habitable. This includes any floor that could be converted to such a use including a basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure's lowest floor. The lowest floor is a determinate for the flood insurance premium for a building, home or business.
Start Of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure or site, such as the pouring of slab or footings, 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 roads and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimension of the building.
Structure: A walled and roofed building and a gas or liquid storage tank that is principally above ground.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of its market value before the damage occurred.
Substantial Improvement: 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. The market value of the structure should be: a) the appraised value of the structure prior to the start of the initial repair or improvement, or b) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of repair work performed. The term does not include either:
A. A project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications, which have been identified by the local Code enforcement official and which are the minimum necessary to assure safe living conditions, or
B. Alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.
FLOOR AREA, NET: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or restrooms and laboratory or workrooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
FUEL YARD: The use of a site where the primary business is that of storing fuel, including, but not limited to, propane, kerosene, diesel, home heating fuel, and gasoline.
FUNERAL HOME: An establishment engaged in preparation of funeral services. Uses may include the preparation of the deceased for burial, for the display of the deceased and/or for ceremonies or services related thereto. A funeral home may include facilities for embalming, but not for cremation. It may also include facilities for the storage of caskets, funeral supplies, and funeral vehicles. A funeral home may also be known as a funeral parlor or a mortuary.
GARBAGE: Kitchen and table refuse and offal, swill and also every accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, consumption, use, decay, cooking, dealing in, or storage of animal matter, meats, fish, fowl, birds, fruits or vegetables; except, that dead animals exceeding ten (10) pounds in weight, and offal of slaughterhouses are not included within the meaning of the word "garbage" as herein defined. The word "garbage" does not include dishwater or wastewater.
GRAFFITI: Graffiti is not public art. Graffiti is any inscription, word, painting, sign, figure, design, or other drawings which are written, scrawled, printed, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of a building, wall, sidewalk, road, sign, phone pole, any permanent or temporary structure, or any other exterior surface on public or private property by any graffiti implement or other device.
GRAFFITI IMPLEMENT: An aerosol paint container, a broad tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring, etching, or leaving a visible mark on any surface.
HILLSIDE SUBDIVISION: Any subdivision or that portion of a subdivision located in terrain having an average slope exceeding ten percent (10%).
HOME OCCUPATION: Any business, profession, occupation or trade conducted for gain or support within a residential building, or upon a lot if agriculturally related, which is incidental and secondary to the use of such a building for dwelling purposes and which does not change the residential character of the dwelling.
IMPERVIOUS SURFACES: Those hard surface areas located upon real property which either prevent or retard the entry of water into the soil mantle, which existed under natural conditions preexistent to development, and/or which cause water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas, and graveled, oiled, macadam or other surfaces which similarly impact the natural saturation or runoff patterns which existed prior to development.
IRRIGATION FACILITIES: Includes canals, laterals, ditches, conduits, gates, pumps and allied equipment necessary for the supply, delivery and drainage of irrigation water.
JUNK VEHICLE: Any vehicle which:
A. Does not meet the vehicle equipment standards of Idaho Code title 49, chapter 9, as a result of damage or neglect, unless the vehicle is driven on the City roadways on a regular basis; and
B. Is not in the current process of being restored or repaired by its owner(s); and
C. Is not currently registered according to Idaho Code title 49, chapter 4.
This is a distinct and separate classification from abandoned vehicle. Abandoned vehicles are vehicles belonging to one person and left on the property of another person or political subdivision. Junk vehicles are unregistered, fail to conform to vehicle equipment standards and are not in the process of repair and restoration.
JUNKYARD: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof, on which three (3) or more dogs, cats and other household domestic animals of at least three (3) months of age are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
KENNEL, NONCOMMERCIAL: Any lot or premises or portion thereof in which more than two (2) dogs, cats or other household domestic animals of at least three (3) months of age are kept and/or boarded.
LABORATORY; MEDICAL, DENTAL, OPTICAL: The use of a site for medical, dental or optical lab work that can be performed outside of a hospital or medical office.
LANDSCAPING: Any activity that modifies the visible features of an area of land, and includes any of the following:
A. Living elements, such as flora or fauna; or what is commonly known as gardening, the art and craft of growing plants with a goal of creating a beautiful environment within the landscape;
B. Natural elements such as landforms, terrain shape and elevation, or bodies of water;
C. Human elements such as structures, fences or other material objects created and/or installed by humans; and
D. Abstract elements such as artistic and lighting conditions.
LOT: A piece or parcel of land separated from other pieces or parcels as described by metes and bounds, aliquot parts or as part of a recorded subdivision.
Corner Lot: A lot abutting on two (2) or more intersecting roads where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).
Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel roads.
Interior Lot: A lot having but one side abutting on a road.
LOT COVERAGE: The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT LINE: The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public road. For a corner lot, the owner may select either road line as the front lot line. The rear lot line is the lot line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An "interior lot line" is a side line in common with another lot.
LOT WIDTH: The width of a lot shall be:
A. If the side property lines are parallel, the perpendicular distance between these side lines.
B. If the side property lines are not parallel, the width of the lot shall be the length between side lot lines at right angles to the axis of the lot measured at the required front setback line.
LOW VOLUME LOCAL ROAD:
A. A low volume local road has a traffic volume of less than four hundred (400) average daily trips.
B. A low volume local road shall not be a freeway, an expressway, an interchange ramp, a freeway service road, a road on a designated state highway system, a state maintained roadway, or a residential road in a neighborhood. In terms of highway classification, it shall be a variation of a conventional road or a special purpose road.
C. A low volume local road shall be classified as either paved or unpaved.
MANUFACTURED HOMES:
Accessory Structure: A structure attached to or located adjacent to a manufactured home, such as awnings, carports, garages, porches or steps.
Foundation Fascia: A weather resistant material surrounding the entire perimeter of a manufactured home which completely encloses the space between the exterior wall of the manufactured home and the ground.
Manufactured Home: A structure constructed according to HUD/FHA mobile home construction and safety standards which is designed to be used as a residential dwelling.
Permanently Affixed: A manufactured home which has the running gear and towing hitch, or similar devices, removed and is set up per manufacturer's instructions on permanent footings, with supports having an anchoring system that is totally concealed under the structure and complies with department of housing and urban development standards.
MOBILE FOOD TRUCK SERVICE: A vehicle or a readily portable structure used solely for the purpose of preparing and selling food and beverages to the public at large. Food trucks used for catering a single event for pay is not included in this definition.
MOBILE HOME: A detached single-family dwelling unit having all the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems.
B. Designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels.
C. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.
D. Designed to be mounted on a chassis running the length of the unit with the outer walls on cantilevered supports extending from the chassis or supported by the chassis rather than by a foundation running along the perimeter of the unit.
E. Constructed with vertical exterior siding and a sheet metal roof.
Cabana: A stationary lightweight structure which may be prefabricated or demountable, with two (2) or more walls, used adjacent to and in conjunction with a mobile home to provide additional living space meant to be moved with the mobile home.
Carport: A stationary structure consisting of a roof with its supports used for sheltering a motor vehicle.
Mobile Home Park: Any privately owned place where two (2) or more mobile homes used for human occupancy are placed, located and maintained on a permanent or semipermanent basis within five hundred feet (500') of each other on a lot, tract or parcel of land under the same ownership, and for which a fee, rental or contract for payment for such use is collected by or collectible to the person holding the land.
Mobile Home Space: A plot of land within a mobile home park designated for the accommodation of a mobile home.
Mobile Home Subdivision: A subdivision designed and intended for residential use where residence is in mobile homes exclusively.
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 August 10, 1976.
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.
Ramada: A stationary structure having a roof extending over a mobile home, which may also extend over a patio or parking place for motor vehicles, and is used principally for protection from sun and rain.
MODULAR HOME: A. A dwelling unit which is fabricated in multiple sections at a location other than the homesite, by assembly line production techniques or by other construction methods unique to an off site manufacturing process. The modular home shall be distinguished from a mobile home in the foundation system. A modular home shall be constructed so the foundation support turns along the outer perimeter of the structure.
B. Modular homes shall exhibit the following characteristics:
1. Label certifying compliance with current federal manufactured home construction and safety standards and/or the international building code standards.
2. Minimum floor area of nine hundred fifty (950) square feet.
3. Roofs shall have a minimum slope of twenty five percent (25%) (3:12) with minimum one foot (1') overhanging eaves.
4. Shall have siding materials of wood, masonry, or horizontal composition or metal.
5. Will meet current International Building Code standards for foundations, vents and anchoring.
MORTUARY: An establishment in which deceased human bodies are kept and prepared for burial or cremation.
MOTOR HOME: A self-contained vehicle, designed for human habitation, with its own motor power, and with a passageway from the body of the home to the driver's and front passenger's seat.
NONCONFORMING USE: Any use lawfully occupying a building, structure or land on the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
NUISANCE: Anything offensive or obnoxious to the health or welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the City, including defacing, scarring or marking publicly owned property.
NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
OFF SITE SEWER FACILITY: Any sewer facility (including main lines, manholes, pump stations, force mains, and related facilities) which is located beyond the boundary of the development, and has the capability of providing sewer service beyond the boundary of the development. Sewer facilities located within existing roadways adjacent to the new development boundary are not considered off site sewer extensions unless they are requested by the City specifically to serve adjoining property. Oversized facilities within the boundary of the development, excluding main lines, may be considered off site if the City requires said facilities to have excess capacity.
OFF SITE WATER FACILITY: Any water facility (including main lines, wells, storage tanks, booster pump stations, pressure reducing valves, and related facilities) which is located beyond the boundary of the development, and has the capability of providing water service beyond the boundary of the development. Water facilities located within existing roadways adjacent to the new development boundary are not considered off site water extensions unless they are requested by the City specifically to serve adjoining property. Oversized facilities within the boundary of the development, excluding main lines, may be considered off site if the City requires said facilities to have excess capacity.
ON SITE OVER DEPTH: Any on site sewer main which is required by the City to be constructed at a depth in excess of the minimum required to provide service to the farthest reach within the development, with a minimum allowable main line depth of four feet (4.0') to the top of pipe below roadway finish grade.
ON SITE WATER/SEWER STUB OUT: Any on site water or sewer main extension which is required by the City to be constructed to the subdivision boundary for the specific purpose of servicing adjoining property. In order to qualify the stub out must not service any property within the development, or any property owned or planned to be developed by the developer.
ORIGINAL LOT/PARCEL: Any single lot or parcel of land, which was of record and a legal lot at the time of the effective date hereof, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this title are met.
OVERSIZED FORCE SEWER MAIN: Any on site sewage force main which is required by the city to have an inside diameter greater than four inches (4"), or greater than the size required to handle the peak flow calculated for the development it is intended to serve with a minimum flow velocity of two feet (2.0') per second, whichever is greater.
OVERSIZED GRAVITY SEWER MAIN: Any on site gravity sewer main which is required by the city to have an inside diameter greater than eight inches (8") in order to provide capacity in excess of the peak flow calculated for the development for which it is intended to serve.
OVERSIZED LIFT STATION: Any on site sewage lift station which is required by the city to have a capacity in excess of eighty (80) gallons per minute, or in excess of the peak flow calculated for the development it is intended to serve, whichever is greater. Pumping capacity in excess of eighty (80) gpm provided in order to facilitate pumping equipment selection is not considered oversizing.
OVERSIZED WATER MAIN: Any on site water main which is required by the city water master plan to have an inside diameter greater than eight inches (8").
PARKING SPACE: Usable space within a public or private parking area or building, not less than one hundred eighty-nine (189) square feet (9 feet x 21 feet) exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
PAWNBROKERAGE: Engaged in the buying and selling of new and/or secondhand merchandise (not including passenger vehicles), and offering loans secured by personal property.
PAYDAY/TITLE/MONEY LOAN: "Payday loan establishment" means an establishment licensed to make payday loans pursuant to part 4 of chapter 46, title 28, Idaho Code. "Title loan establishment" means an establishment licensed to make title loans pursuant to part 5 of chapter 46, title 28, Idaho Code. "Payday loan" means a payday loan as defined in Idaho Code section 28-46-401. "Title loan" means a title loan as defined in Idaho Code section 28-46-502.
PEAK SEWER FLOW: The required design flow for any development calculated in accordance with the requirements of the recommended standards for wastewater facilities "Ten States Standards".
PEAK WATER FLOW: The required design flow for any development shall be based upon the fire flow requirements for the development and shall be calculated in accordance with the requirements of the fire suppression rating schedule. Minimum system pressure at peak flow is twenty (20) psi.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city which guarantees that the subdivider will perform all actions required by the governing body regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PIERCING SHOP: Any location where body piercing is engaged in or where the business of body piercing is conducted. "Body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener.
PLAT: A map of a subdivision.
Final Plat: A map of all or part of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered professional engineer or a registered land surveyor, in accordance with title 6 of this code and Idaho Code.
Preliminary Plat: A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with title 6 of this code and Idaho Code.
Recorded Plat: A final plat bearing all of the certificates of approval required in title 6 of this code and duly recorded in the county recorder's office.
PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS: Any use of fireworks except the use of nonaerial common fireworks during the normal sales and use period provided in section 39-2606, Idaho Code.
PUBLIC FACILITY: Any land, structure or building owned by a government agency. For example:
A. Water and wastewater collection, treatment and disposal facilities;
B. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;
C. Landscaping associated with roads and bridges and rights of way associated therewith;
D. Parks, open space and recreation areas, and related capital improvements; and
E. Public safety facilities, including law enforcement, fire, emergency medical and rescue and road lighting facilities.
PUBLIC UTILITY YARD: Buildings, structures, or facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.
PUBLIC WATER SUPPLY: Any system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities, where water is furnished to any collection or number of individuals, or is made available to the public for human consumption or domestic use.
RECREATIONAL VEHICLE: A self-contained vehicle, designed for human habitation, with its own motor power, and with a passageway from the body of the home to the driver’s and front passenger’s seat.
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.
REFUSE: Useless or worthless matter including, but not limited to: all waste wood, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees, chips, shavings, sawdust, printed matter, paper, used and discarded articles of clothing, combustible waste pulp, boxes and packaging materials, glass, ashes, construction debris, garbage, stable matter, junk or badly weathered building materials not currently in use, stoves, refrigerators, washers, dryers, furniture, mattresses.
REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas fired pathological incinerators are excluded.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property. Also a parcel of land dedicated or reserved for use as a public way which normally includes roads, sidewalks, utilities or other service function.
ROAD: A public right of way which provides vehicular and pedestrian access to adjacent properties.
Arterial: A general term including expressways, principal and minor arterial roads; and interstate, state or county highways having regional continuity.
Boulevard: Any public road that provides travel lanes in each direction with an unpaved raised or landscaped borrow median constructed or marked in a manner to preclude its use by moving vehicles except in emergencies or for left turn lanes.
Collector Road: A road that collects traffic from local roads in residential neighborhoods, commercial, or industrial areas and channels it into the arterial system.
Local Road: A road that provides for direct access to apartments, residential lots, commercial lots, industrial or other abutting lands for local traffic movements and connects to collector and/or arterial roads.
Private Road: A road that is not accepted for public uses or maintenance which provides vehicular and pedestrian access.
A road that provides for direct access to townhome lots and associated alley(s).
RUBBISH: Ashes, broken crockery, broken bottles, broken bricks, tin vessels, trimmings from lawns and flower gardens, including shrubbery, pasteboard boxes, berry boxes, paper sacks, straw, sawdust, packing materials, shavings and discarded household utensils; but the term "rubbish" shall not include broken or discarded stoves or furniture, broken or discarded building material, trees or any waste accumulated, other than heretofore specified.
SALVAGE: The accumulation for storing, selling, dismantling, shredding or compressing of scrap, discarded material, equipment or abandoned vehicles.
SALVAGE YARD: A facility or area for storing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded material, or equipment.
SECURITY UNIT: 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 STATION: Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor motor vehicle repairs.
SETBACK: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, rear and side yard requirements of title 5 of this code, or by delineation on a recorded subdivision map.
SIGN: Any structure or natural object, such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
SIGNS:
Abandoned Sign: A sign which pertains to a time, event or purpose that has passed or no longer applies.
Animated And/Or Moving Message Signs: A sign, any visible part of which blinks, flashes, moves or changes color, regardless of the source of energy causing the animation, except signs performing a public service function indicating time, temperature, stock market quotations or similar services.
Copy: Individually or in combination, any letter, number, symbol, drawing, design, graphic, picture, diagram, sketch, or the like. Copy area is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy.
Freestanding Sign: A sign which is supported by one or more uprights, poles or braces in or upon the ground.
Mobile Sign: A sign able to move or be moved freely or easily.
Off-Site Sign: A sign mounted or installed on property other than that occupied by the use being advertised by said sign.
Permanent Sign: A sign which is designed and constructed to resist the wind and seismic forces. This definition includes signs attached to buildings and signs attached to poles and/or bases placed in the ground.
Roof Sign: A sign erected upon or above a roof or parapet of a building or structure.
Semi-Permanent Sign: A sign which is designed and constructed to resist the wind and seismic forces. This definition includes signs attached to buildings and signs attached to poles and/or bases placed in the ground. Semi-permanent signs have an intended life of no more than five (5) years.
Sign Area: The entire area of a sign on which copy is to be placed (signs with advertising display surfaces on both sides shall be considered 1 sign and both display surfaces are included in sign area). The structure supporting the sign is not included in determining the area of the sign unless the structure is designed in a way to display copy or to form an integral background for the displayed copy. Sign area is calculated by measuring the perimeter of the backing containing copy.
Special Event Sign: A temporary sign that announces or advertises a campaign, drive, activity, or celebration of a civic, political, public, philanthropic, religious, or educational organization for noncommercial purposes.
Wall Sign: Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
Window Sign: Any sign placed inside or upon a window surface visible from the outside of a building or structure and designed to be viewed from the exterior.
SMOKING: Inhaling, exhaling, burning, carrying or possessing any combusting (heated, lit or smoldering) tobacco or any other substance, whether contained in a cigar, cigarette, pipe or any other object. Smoking does not include possession of an unlit or unheated cigar, cigarette or pipe. Smoking includes e-cigarettes and vaping.
SOLICITOR: An individual, including an employee or agent of a group of individuals, partnership, or corporation, whether a resident of the City of Middleton or not, who is taking or attempting to take, whether in person or by telephone, orders for sale of food, beverages, goods, merchandise or services to be furnished or performed in the future, whether he is collecting advance payments on such sales or not. Such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, or motor vehicle within the City of Middleton for the sole purpose of exhibiting samples and taking orders for future delivery.
SPECIAL EVENT: Any organized formation, preplanned single gathering, short term or temporary event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, educational, political, religious or sporting nature, or of any other nature, expected to draw one hundred (100) or more persons at any session as participants or spectators which is proposed to be held on any City road, park property or other public property that is owned, leased, operated, maintained, regulated, or controlled by the City or other organized activity for a common or collective use that has an impact on public property or facilities and the provision of City public services in response thereto.
Examples of special events include, by way of illustration and without limitation, these types of events if conducted on the City property, or upon the sidewalks and roads of the City: concerts, dances, assemblages, processions, parades, circuses, fairs, festivals, block parties, community events, spectator sporting events, mass participation sports (such as, marathons and running events, bicycle races or tours, sports tournaments), other organized activity conducted for a common or collective use. Applicants, sponsors, or promoters of events which would otherwise qualify as a special event but expect less than one hundred (100) persons shall, at their choice, be entitled to use the City Clerk's special event permit application, related documents, and process to seek appropriate government agency approvals.
Projected Attendees And Participants: The estimated number of persons who will attend or participate, are reasonably likely to attend or participate, or are expected to attend or participate in a special event. The number estimate should consider the type and format of the special event, the size and location of the event, any prior events which were similar, including the special event history itself if it is an annual event or part of a series of gatherings or events, and the entertainment, if any, planned.
Special Event - City Sponsored: A preplanned single gathering, event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, educational, political, religious or sporting nature, or of any other nature, expected to draw one thousand (1,000) or more persons at any special event as participants or spectators, and is, in major part, initiated, financed, and executed by the City of Middleton or one or more of its departments.
SPONTANEOUS EVENT: An unplanned or unannounced event that is occasioned by unforeseen circumstances, news or affairs coming into public knowledge less than forty eight (48) hours before the event, which was not contemplated beforehand by any participants therein. An event which requires advance planning such as a recreational event, competition/contest/spectator sport, parade, fair, festival, carnival, ticketed event, sales/trade show, or event which requires a permit from the City is not considered to be a spontaneous event.
STAGING AREA: A designated area where equipment, materials, operable vehicles, supplies are located but used elsewhere.
STANDARD DRAWINGS AND SPECIFICATIONS: A set of adopted regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain public improvements in the City formulated by the City Engineer, the District Health Department and/or other City departments and approved by the City Council.
STRUCTURE: Anything constructed or erected, except fences, driveways, patio slabs, sidewalks, mechanical equipment slabs or any other similar horizontal surface, which requires permanent location on the ground or is attached to something having location on the ground.
SUBDIVISION: The division of any site, lot, tract or parcel of land, as it exists, into more than one part for the purpose of transfer of ownership or development, whether immediate or future, and as more fully described in section 5-3-1 of this Code.
TATTOO PARLOR: Any location where tattooing is engaged in or where the business of tattooing is conducted. This does not include day spas, beauty parlors and other similar businesses.
TEMPORARY MERCHANT: Any person whether owner or otherwise, whether a resident of the City of Middleton or not, who engages in a temporary business of selling and delivering goods, wares, merchandise and services within the City of Middleton, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure or motor vehicle within the City of Middleton for the exhibition and sale of food, beverages, goods, merchandise or services.
TERMINAL YARD, TRUCKING: An area or building where commercial vehicles load and unload cargo and freight and where the cargo and freight may be stored, broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
TINY HOUSE: A home of four hundred (400) square feet or less, either on wheels or a foundation. A home between four hundred (400) and one thousand (1,000) square feet is considered a "small" house.
TRAILER: A vehicle without motor power designed for carrying persons or property on its own structure and to be drawn by a vehicle with motor power. The term trailer shall include coach, boat trailer, storage trailer, travel trailer, utility trailer, or other similar trailer, but shall not include a semitrailer.
TRAILER, UTILITY: A vehicular type unit designed to be towed including, but not limited to: horse trailers; stock trailers; flatbed trailers; snowmobile trailers; boat trailers; motorcycle trailers; four-wheeler trailers; enclosed utility trailers; contractor trailers; open trailers and equipment trailers.
TRAVEL TRAILER: A vehicular portable structure designated as a temporary dwelling for travel, recreational and vacation uses.
TRUCK: Vehicles exceeding a maximum gross vehicle weight rating (GVWR) of eight thousand (8,000) pounds (excluding pickup, dually style trucks, and SUV type vehicles used for residential purposes) designed, used or maintained mainly for the purpose of carrying goods and materials, usually consisting of a single self-propelled unit but also often composed of a trailer vehicle hauled by a tractor unit.
TRUCK-TRACTOR: A noncargo carrying power unit used in combination with a semitrailer. Every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VAGRANT: Every person without a residence.
VAPING/ELECTRONIC CIGARETTES: A device that heats up a liquid solution consisting of nicotine, propylene glycol and/or vegetable glycol, and flavorings to a point where it actually turns into a vapor which can be inhaled.
VARIANCE: An adjustment or special exception made in the application of the regulations set forth in this title to a particular piece of property which, because of special circumstances, may be deprived of privileges commonly enjoyed by other properties in the same zone or vicinity. Among other things, it can be a modification of requirements with respect to fences and walls; lot size; lot coverage; width; depth; front, side or rear yards; setbacks; parking spaces; height of structures; or other title provision affecting the size or shape of structure or the placement of structures upon lots.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
VISION TRIANGLE (Also Known As SIGHT TRIANGLE): A protected vision area established to ensure that drivers have an unobstructed view as they come upon a driveway access, alleyway or intersection. No hedge, shrub, fence, sign, wall or other obstruction of any nature between three feet (3') and ten feet (10') in height shall be permitted within the vision triangle.
A. Intersection Of Two Roads: That triangle of land defined on any corner lot by measuring from the projected intersection of the roadway back of sidewalk a distance of forty feet (40') along each roadway and connecting the two (2) points with a straight line, this defines the boundaries of a vision triangle of two (2) roads.
B. Intersection Of An Alley Or Driveway And A Road: That triangle of land defined adjacent to any alley or driveway intersecting a road by measuring along the alley or driveway edge and the back of sidewalk of the adjacent road twenty feet (20') and connecting the two (2) points with a straight line, this defines the boundaries of a vision triangle of a road and a driveway or alley.
WATER USER: As used herein, any single-family dwelling or each unit of a multiple-family dwelling and each apartment, mobile home, or any business or water user.
WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
(Ord. 531, 4-2-2014; amd. Ord. 562, 6-17-2015; Ord. 569, 12-21-2015; Ord. 570, 1-20-2016; Ord. 578, 5-4-2016; Ord. 587, 1-18-2017; Ord. 590, 4-5-2017; Ord. 594, 8-16-2017; Ord. 618, 6-5-2019; Ord. 619, 7-17-2019; Ord. 642, 11-18-2020; Ord. 646, 1-6-2021; Ord. 673, 1-4-2023; Ord. 702, 9-18-2024)