For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word PERSON includes a firm, association, trust, organization, partnership, company or corporation, as well as an individual. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular. The word SHALL is a mandatory requirement and the word MAY is a permissive requirement. The words USED or OCCUPIED include the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED. The word LOT includes the words PLOT, PARCEL and TRACT.
(Prior Code, § 17.08.010)
ACCESSORY BUILDING OR USE. A use or detached building which is subordinate to the primary use or structure on the same parcel of land.
ADMINISTRATOR. An official having knowledge in the principles and practices of zoning who is appointed by the Council to administer this chapter.
ADULT MATERIAL. Any material considered obscene as defined by Idaho Code Title 18, Chapter 41.
AGRICULTURAL BUILDING. A structure designed and constructed to house farm equipment and implements, crops, poultry and livestock.
AGRICULTURE. The use of land which is primarily devoted to horticulture, pasturage and/or to the production of livestock, dairy animals, dairy products, fur-bearing animals, fish, big game, crops, nursery stock, fruit vegetables, forage, grains, bees or apiary products.
AIRPORT. Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings.
ASSISTED LIVING CENTER. Housing for people needing assisted care such as the mentally or physically disabled and the elderly. Such housing does provide individual apartments with or without kitchens for residents.
BED AND BREAKFAST. The use of a dwelling as an inn where the residence remains the primary use.
BUILDING. Any structure, permanent or temporary, designed or intended for the support, enclosure, shelter or protection of persons, animals or property of any kind.
BUILDING, HEIGHT. The vertical distance as measured from the highest point of the roof or building, not including chimney or vane, down to the point representative of the average finished grade of the land around the perimeter of the building.
CLINIC. Single or multiple offices for state-licensed physicians, surgeons, dentists, chiropractors, osteopaths and other members of the healing arts. A CLINIC may also include a dispensary primarily to handle merchandise customarily prescribed by the occupant in connection with his, her or their practice.
COMMISSION. The Planning and Zoning Commission appointed by the Council.
CONCENTRATED ANIMAL FEEDING OPERATION or CONFINED ANIMAL FEEDING OPERATION (CAFO). A lot or facility where the following conditions are met:
(1) Animals have been, are or will be stabled or confined and fed or maintained for a total of 90 consecutive days or more in any 12-month period;
(2) Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility; and
(3) The lot or facility is designed to confine or actually does confine as many or more than the numbers of animals specified in any of the following categories: 700 mature dairy cows; whether milked or dry; 1,000 cattle other than mature dairy cows or veal calves; 2,500 swine each weighing 55 pounds or more; 10,000 swine each weighing less than 55 pounds; 500 horses; 10,000 sheep or lambs; 82,000 chickens.
(4) Two or more CONCENTRATED ANIMAL FEEDING OPERATIONS under common ownership are considered, for purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
CONDITIONAL USE. A use that may be allowed within a district with a permit, public hearing process and approval of both the Commission and, in some cases, the Council, and generally based upon meeting additional conditions imposed by the foregoing entity/entities.
CONVENIENCE ESTABLISHMENTS. Businesses which are designed and intended to serve the daily or frequent trade or service needs of the surrounding population. Such establishments include grocery stores, gas stations for the sale of motor fuels only, variety stores, drug stores, coin-operated laundry, beauty shops, barber shops or combination thereof, but do not include repair garages, automobile sales yards or clothing stores.
COUNCIL. The City Council.
DAIRY. A use of land where one or more bovines, sheep or goats are milked and the operation is licensed by the State Department of Agriculture to sell milk for human consumption.
DAY CARE/NURSERY SCHOOL. The use of a building, home or similar structure to provide care, with or without instruction, for more than six children, excluding children who live on the premises, on a continuing basis, whether for profit or not. The care of six or fewer children so described shall be considered a home-based occupation.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of total land to be developed, including land dedicated to public use.
(2) NET DENSITY. The number of dwelling units per acre of land devoted to residential uses only and excluding land dedicated to public use.
DWELLING UNIT. A building or portion thereof containing two or more rooms and used for independent living quarters by one family only, with bath and kitchen facilities permanently installed.
EASEMENT. Authorization by the property owner for the use by another for a specified purpose of any designated part of his or her property.
FAMILY. Two or more persons related by blood, marriage, adoption or custody living together in a dwelling unit.
HOME OCCUPATION OR BUSINESS. A business or occupation that generates no additional traffic to the home than would be expected by residential use. A HOME BUSINESS is an occupation that has grown to include additional impacts such as traffic and employees.
HOTEL. A building providing visitor or overnight accommodations, including sleeping rooms, guest registration and lobby areas and all other areas within the building devoted to the housing of local personnel or hotel equipment and supplies. The word HOTEL shall also include motels, inns, lodges and dormitories.
JUNKYARD. Any land used for a salvaging operation, including, but not limited to, the storage or sale of waste paper, rags, scrap metal, discarded materials and used auto parts. A JUNKYARD includes the collection, dismantlement, storage or salvage of four or more unlicensed or inoperative vehicles. This definition excludes uses established entirely within enclosed buildings and farm machinery in agricultural zoning districts.
KENNEL. Any lot or premises on which four or more dogs or cats more than four months of age are housed, groomed, bred, boarded, trained or sold or otherwise maintained.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for and specific to bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
LOT. The contiguous land in the same ownership which is not divided by any public road right-of-way.
LOT, CORNER. A lot situated at the intersection of two roads.
LOT DEPTH. The distance between the front and rear lot lines, measured along the median between the side lot lines.
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.
LOT LINE. The lines bounding a lot.
LOT, MINIMUM 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, REVERSE. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a CORNER LOT.
LOT, SUBSTANDARD. A lot or tract of record by deed or plat that does not comply with minimum area, width or depth requirements currently applicable to the district in which it is located, but which complied with applicable requirements when it was placed on record.
LOT, THROUGH. A lot with frontage on more than one street, other than a corner lot.
LOT WIDTH. The distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
MANUFACTURED HOUSE. A structure transportable in one or more modules which is built on a permanent chassis and designed to be used as a dwelling unit with a permanent foundation and footing when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. MANUFACTURED HOUSE units shall be designed and constructed to satisfy the provisions of HUD and other mandated related codes by state and federal authority and shall not have been manufactured prior to June 1976.
MANUFACTURING, HEAVY. Processing, manufacturing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.
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.
MOBILE HOME or TRAILER HOME. A vehicle, with or without motive power, designed to be used for human habitation. Also, a vehicular portable structure built on a chassis and designed to be used without a permanent foundation for human habitation not taxed as real property by the county and state.
MOBILE HOME PARK or CAMPGROUND PARK. A parcel of land under single or unified ownership or control, within which spaces are rented or used for occupancy by two or more mobile homes and/or recreational vehicles, subject to the provisions set forth in this chapter and Chapter 152.
NONCONFORMING USE. A building, structure or use of land existing at the time of the enactment of this chapter, which conformed to the requirements of the ordinance in effect at the time such use or structure was initiated and which does not conform to the current regulations of the district in which it is situated.
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 the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
PERFORMANCE BOND or SURETY BOND. A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PLANNED UNIT DEVELOPMENT (PUD). A development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of stages of development. Subdivision and zoning regulations are applied to the project as a whole rather than to individual lots with densities calculated for the entire development.
PRIMARY USE. The principal use to which the premises are devoted and the principal purpose for which the premises exist.
PUBLIC SERVICE FACILITY. Structures essential to furnishing the public with electric power, gas, water, water treatment and public services, including power plants and substations, pumping stations, fire stations and police stations.
PUBLIC SERVICE PROVIDERS.
(1) Any local, state or federal agency, including special districts, which provide any public facility or service or are responsible for the protection or management of natural resources that may be affected by a proposed development.
(2) Included are public agencies and private firms responsible for the provision or maintenance of domestic water, sewer, irrigation water, roads, public transportation, schools, electricity, cable and natural gas services within the area affected by the development or that may be expected to utilize any of the above services.
(3) State law specifically states that school districts are potentially affected PUBLIC SERVICE PROVIDERS.
QUASI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals, museums and other facilities of an educational, religious, charitable, philanthropic or non-profit nature.
RECREATIONAL VEHICLE PARK. Any site or tract of land whereupon two or more travel trailers are placed, located and maintained for dwelling purposes on a temporary basis. Skirting is not permitted, and wheels may be removed for temporary repair only.
RIGHT-OF-WAY, PUBLIC. A strip of land taken or dedicated for use as a public way.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
SELF-SERVICE STORAGE FACILITIES. A structure containing separate individual and private storage spaces of varying sizes and used exclusively for storage of personal items belonging to each tenant.
SETBACK. The shortest distance from a building on a lot to any property line, lot line or public road right-of-way adjacent to said lot.
SIDEWALK. The portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
STREET. A right-of-way or easement providing for motor vehicular travel. STREETS include, but are not limited to, highways, thoroughfares, parkways, roads, avenues, boulevards, lanes and other such terms.
(1) ALLEY. Any thoroughfare at least 12 feet wide and not more than 30 feet wide which has been dedicated or deeded to the public for public use and which affords a secondary means of access to abutting properties.
(2) ARTERIAL STREET. A street which has the purpose of carrying fast and/or heavy traffic.
(3) COLLECTOR STREET. A street which has the purpose of carrying traffic from minor streets to other collector and/or arterial streets.
(4) FRONTAGE STREET. A road located parallel to an arterial street/highway for service to abutting properties for the purpose of controlling access to the arterial street/highway.
(5) MINOR STREET. A street which has the primary purpose of providing access to abutting properties.
(6) PRIVATE STREET. A street that is not accepted for public use or maintenance.
STRIP/TOPLESS BAR. Any establishment allowing removal of clothing for entertainment in a public place.
STRUCTURE. Anything constructed which requires permanent location above or below the ground or attached to something having a permanent location on the ground.
SUPPLY YARD. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
VARIANCE. A modification of the requirements of this chapter, based upon site characteristics, as to lot size, lot coverage, width, depth, height of structure, setbacks, parking space or other provisions affecting the size and shape of a structure or the placement of the structure upon lots or the size of lots.
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 in question.
YARD. The area between any lot line and the setback required thereon.
(Prior Code, § 17.08.020)