ABUT: To physically touch or border upon; or to share a common property line; or being separated from such common border by an alley or easement. (See definitions of Adjoining Lot Or Land and Contiguous.)
ACCESS OR ACCESSWAY: The place, means or way by which pedestrians or vehicles shall have safe, adequate and usable ingress and egress to a property, use or parking space.
ACCESSORY SIGN: An on premises sign which directs attention to a business, commodity, service, or entertainment conducted, sold, offered, or manufactured upon the premises where the sign is located.
ACCESSORY USE OR STRUCTURE: A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a "dwelling unit".
ADDITION: A structure added to the original structure at some time after the completion of the original.
ADJOINING LOT OR LAND: A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. (See definition of Contiguous.)
ADMINISTRATIVE OFFICE: An establishment primarily engaged in management and general administrative functions, such as executive, personnel, finance, and sales activities, performed centrally for other establishments of the same company.
ADMINISTRATOR: See definition of Code Official/Administrator.
ADULT ARCADE: A premises where, for any form of consideration, one or more motion picture or slide projectors or similar machines for viewing by five (5) or fewer persons each, are used to display any images emphasizing the depiction or description of specified sexual activities or graphically exposed 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 their age as a prevailing business practice or as required by law.
ADULT BOOKSTORE: A premises which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice as required by law and has, at any one time, a substantial or significant portion of its stock in trade and offers for sale, trade or rent of one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or exposed specified anatomical areas.
ADULT CARE FACILITY: A profit or nonprofit place of residence for the sheltered care of unrelated adult persons, which may provide food, limited nursing facilities and minimum maintenance living accommodations by the day, week, month, etc.
ADULT MOTION PICTURE THEATER: A premises where, for any form of consideration, has, at any one time, a substantial or significant portion of its stock, rented or owned, which shows films, motion pictures, videocassettes, digital images, slides or similar reproductions, and in which one of the principal business purposes is devoted to the showing of material which is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium or similar premises which, for any form of consideration, features live performances, which are characterized by the exposure of specified anatomical areas as one of the principal business purposes or by specified sexual activities.
AESTHETIC: Those qualities of a development or natural features which contribute to a pleasant environment.
AGRICULTURE: The science, art, business, and use of land for farming, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: a) the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and b) the above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within two hundred feet (200') of any residential zoning district. "Agriculture" does not include the operation of a dairy; or the operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feeds; pig farms and/or similar intensive agricultural related uses.
AIRPORT: A place where aircraft can land and take off, usually equipped with hangars and facilities for refueling and repair.
ALLEY/LANE: A passageway open to public travel, not more than twenty five feet (25') wide, which is used primarily for utility service lines and for vehicular service access to the back or side of lots otherwise abutting on a street and which is not intended for general traffic circulation.
ALTERATION: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. This definition excludes normal repairs and maintenance, such as painting, but includes substantial changes. (See definition of Structural Alterations and Substantial Alteration/Substantial Improvement.)
AMUSEMENT AND RECREATION SERVICES: Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls, studios; theatrical producers; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rinks, racetracks, public golf courses and coin operated devices; amusement parks; membership sports and recreation clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors and horse shows.
ANIMAL HOSPITAL: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
ANIMATED SIGN: A sign with action or motion, flashing, color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind actuated elements such as flags, banners, or specialty items. This definition does not include public service signs such as time and temperature units.
ANNEXATION: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
ANTENNA/TV DISH/BROADCASTING TOWER: A device used for radiating or receiving radio or television waves.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities.
APPEAL: A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision on the application, usually because said application has been denied or approved with the conditions by the administrator, commission or council.
APPLICANT: A person submitting an application for development of land, rezone, conditional use, accessory use, annexation, or request to be allowed to make any application authorized under this title.
APPLICATION FOR DEVELOPMENT: The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.
APPRAISAL: An estimate or opinion of the value of real or personal property or an interest or estate in that property as determined by a qualified appraiser.
ARCHITECT: A professional architect licensed in the state of Idaho.
AREA OF CITY IMPACT: That area negotiated and adopted pursuant to Idaho Code by the city of Mountain Home and Elmore County by means of a separate ordinance.
AREA OF CRITICAL CONCERN/COUNTY CDO: Area within the city or area of impact which needs special development consideration for one or more of the following reasons: a) floodplain; b) land incapable of meeting percolation requirements; c) land formerly used for landfill operations or hazardous industrial use; d) aquifer recharge and discharge areas north of the city limits and interstate.
ARTERIAL STREET: See definition of Street, Urban System.
ASSESSED VALUATION: The value at which property is appraised for tax purposes. The estimated value of property as appraised by the Elmore County assessor for the purpose of property tax assessment.
ATTIC: That part of a building which is immediately below and wholly or partly within the roof framing.
AUTOMOBILE OR MOBILE HOME SALES AREA: An open area, other than the street, used for the display, sale or rental of new or used automobiles, mobile homes, travel trailers, or farm implements, but not including repair work except minor incidental repair of same to be displayed, sold or rented on the premises.
AUTOMOBILE REPAIR: See definitions of Garage, Repair and Repair.
AUTOMOBILE SERVICE STATION: Premises primarily used for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories which also provides vehicular lubrication and related services, including minor motor vehicle repairs.
AUTOMOBILE WRECKING YARD: Premises on which there are two (2) or more currently nonlicensed motor vehicles or two (2) or more motor vehicles not in operating condition outside a fully enclosed building and standing more than sixty (60) days and are dismantled, on blocks, or stored. "Motor vehicles" also includes motor homes, boats, trailers, and trucks.
BABY SITTING: Exempt from child daycare regulations. The act of caring for children for consideration while the parents or usual guardians are absent.
BAR/TAVERN: A structure or part of a structure used primarily for the sale or dispensing of beer, wine, alcoholic beverages or liquor by the drink.
BASEMENT: A portion of a building all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground (7 foot 6 inch ceiling height).
BED AND BREAKFAST/BOARDING HOUSE: Owner occupied lodging facility that provides breakfasts to its guests. Establishments that are exclusively indoor lodging facilities which may provide meals only to paying lodgers who may or may not be transient. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.
BICYCLE FACILITIES: A general term denoting improvements and provisions made by public agencies to accommodate or encourage bicycling, including parking facilities, all bikeways, and shared roadways not specifically designated for bicycle use.
BIKE LANE: A portion of a roadway which has been designated by striping, signing, and pavement markings for preferential or exclusive use of bicyclists.
BIKE PATH: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way.
BILLBOARD SIGN/POSTER: A sign upon which advertising matter is posted and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
BLIGHTED AREA: An area characterized by deteriorating and/or abandoned buildings, inadequate or missing public or community services, vacant land with debris, litter, lack of sanitation facilities, trash and junk accumulation, and impacted by adverse environmental nuisances such as noise, heavy traffic, and odors.
BLOCK: A unit of land bounded by streets or by a combination of streets and public land, railroad rights of way, waterways or any other barrier to the continuity to development.
BUFFER STRIP: Land area, which may include a combination of berms, fences, block walls, grass, shrubs, and trees, used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. (See chapter 11 of this title.)
BUFFER YARD: See chapter 11 of this title.
BUILDING: Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING, ACCESSORY: A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING AREA: The space remaining on a zoning plat after the minimum open space requirements of this title have been complied with.
BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. Any uncovered structures, e.g., porches and decks, are excluded.
BUILDING HEIGHT: The vertical distance of a building measured from the average elevation of the finished grade within twenty feet (20') of the structure to the highest point of the roof.
BUILDING INSPECTOR: The official appointed by the city to enforce the adopted building codes and any other applicable codes.
BUILDING LINE: A line established by law or agreement, usually parallel to the property line, beyond which a structure may not extend. This generally does not apply to uncovered entrance platforms, terraces and steps.
BUILDING PERMIT: Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which a building is situated.
BULK: A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area.
BUMPERS: Permanent devices in each parking stall which block the front wheels of a vehicle.
BUSINESS: See definition of Commercial Use Or Business.
CALIPER: The diameter of a tree trunk.
CANOPY/AWNING: A permanent overhanging shade or shelter, especially canvas, that is usually temporary in nature (but may be a permanent structure) and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and on which a sign may be located.
CAPITAL IMPROVEMENT: A government acquisition of real property, major construction project, or acquisition of long lasting, expensive equipment.
CAPITAL IMPROVEMENTS PROGRAM: A proposed timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means of financing each project.
CARETAKER'S/WATCH GUARD FACILITY: An accessory structure, which is located on the same parcel as the principal use, and which is used exclusively by either the owner, manager, or operator for the purpose of watch guard or maintenance but not a dwelling unit.
CARPORT: A roofed structure providing space for the parking or storage of motor vehicles which may be enclosed on two (2) or three (3) sides.
CARPORT IN SETBACK AREAS: A removable metal structure being built of metal only providing space for parking a motor vehicle, trailer, and/or boat, which will not be enclosed on any sides.
CEMETERY: Property dedicated as a cemetery for the burial of deceased humans or animals, 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.
CENTRAL BUSINESS DISTRICT (C-2): The downtown core area of the City as designated on the parking overlay map.
CERTIFICATE OF COMPLIANCE: A letter stating that a residential dwelling complies with the building codes.
CERTIFICATE OF OCCUPANCY: A certificate which is issued by the Building Inspector to indicate that, after construction of the building has been completed or a use in an existing building has been changed, the purpose for which that building was constructed or changed is being carried out in accordance with the terms of this title and applicable building and fire codes.
CHANGE OF USE: Any use which substantially differs from the previous use of a building or land.
CHILD: A person less than twelve (12) years of age.
CHURCH, HOUSE: A residential structure, which by design and construction is primarily intended as a dwelling unit and is located in a residential zone, and is used jointly as a dwelling unit and a church building to house a small congregation for church meetings.
CHURCH/RELIGIOUS FACILITIES: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and/or a household unit for persons employed in the building.
CITY: The City of Mountain Home.
CITY COUNCIL: The City Council of the City of Mountain Home.
CLINIC (MEDICAL, DENTAL, OPTICAL): A building, other than a hospital, used by one (1) or more healthcare practitioners for the purpose of care, diagnosis and treatment of sick, ailing, infirm or injured patients and those who are in need of medical attention. Patients are not kept overnight.
CLUB/LODGE: A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and usually characterized by certain membership qualifications, payment of fees and/or dues, regular meetings, and a constitution and bylaws.
CLUBHOUSE: A building, or portion thereof, used by a club.
CLUBHOUSE/COUNTRY CLUB OR SUBDIVISION CLUBHOUSE: A land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.
CLUSTER: A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
CODE OFFICIAL/ADMINISTRATOR: The official of the City having knowledge in the principles and practices of zoning, who is authorized by the Council to administer this title.
COMMERCIAL GREENHOUSE: A structure in which plants, vegetables, flowers and similar materials are grown for sale.
COMMERCIAL USE OR BUSINESS: Any person or persons engaged in the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for remuneration, livelihood or profit, or the maintenance and use of offices by professions and trades rendering services.
COMMERCIAL VEHICLE: Any motor vehicle licensed by the state as a commercial vehicle.
COMMISSION: The planning and zoning commission which is appointed by the mayor and confirmed by the council.
COMMON AREA/OPEN SPACE: See definition of Open Space.
COMMUNITY INFORMATION SIGN: An officially designated sign which may be illuminated and is limited to the display of information of interest to the general community regarding scheduled public events and public activities or provides historical or other special information of public interest.
COMPOSTING OPERATION: A controlled process of degrading organic matter by microorganisms.
COMPREHENSIVE PLAN: A comprehensive long range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.
COMPREHENSIVE PLAN/PROJECTED LAND USE MAP: A map which projects and guides future growth patterns in a contiguous and orderly manner.
CONCEPT PLAN: Preliminary drawings and pertinent information for the express purpose of initiating preliminary discussions for project development. (See definition of Plat.)
CONDITIONAL USE: A use that is marginally prohibited but which may be permitted within a certain zoning district, as shown on the land use chart, when particular care is taken to integrate the use with its natural and built surroundings and will comply with all the conditions and standards specified in this title and permit for the location and/or operation. A "conditional" use is a use which may have the potential to create problems or nuisances to the surrounding properties. The uses shall be listed in each respective zone in this title.
CONDITIONAL USE PERMIT: A permit which may allow a prohibited use within a certain zoning district if a conditional use permit is issued by the authorized board stating that the conditional use meets all conditions set forth in local ordinances, plus additional requirements which may be added.
CONDOMINIUM: A building, or group of buildings, in which units are owned individually, and the structure, common area and facilities are owned by all the owners on a proportional undivided basis.
CONDOMINIUM, COMMERCIAL: A building, or group of buildings, used for offices, businesses, professional services, other commercial enterprises and may contain a mixed residential/commercial use, owned and maintained as a condominium as per Idaho state law.
CONFERENCE CENTER: A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.
CONSTRUCTION SIGN: Any sign which warns persons of construction or demolition for a project or which describes the project and indicates the builder, architect or others involved in the project.
CONTIGUOUS: Next to, abutting, or touching and having a boundary or portion thereof, which is coterminous. (See definitions of Abut and Adjoining Lot Or Land.)
CONTRACTOR'S PROJECT OFFICE: Any structure, of a temporary nature, containing an on site construction management office for an active construction project. (See definitions of Temporary Use and Temporary Structure.)
CONVENIENCE STORE: A neighborhood store engaging primarily in the sale of basic food items. Nonfood items may also be sold provided they are considered everyday convenience goods.
CONVERSION: A change in the use of land or a structure.
COPY: As part of a sign regulated under chapter 13 of this title, any combination of letters or numbers which is intended to inform, direct or otherwise transmit information.
COUNTY COMPREHENSIVE PLAN: The official master plan for the physical development of Elmore County.
COUNTY RECORDER: The office of the county recorder of Elmore County, Idaho.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building(s) which is bounded on two (2) or more sides by such building(s), including the open space in a house or apartment, providing access to the units.
COVENANT: A written promise or pledge which is recorded at the Elmore County recorder's office.
CRAWL SPACE: A space between the ceiling of one story and floor of the next story, which usually contains pipes, ducts, wiring and lighting fixtures and permits access but is too low for an individual to stand. Also between the floor of a single-story structure and ground.
CROSSWALK: A public right of way for pedestrian traffic that crosses a public street or alley.
CUL-DE-SAC: The turnaround at the end of a dead end street.
CULTURAL FACILITIES: Establishments such as museums, art galleries, botanical and zoological gardens of a historic, educational or cultural interest which are not operated commercially.
CURB: A stone or concrete boundary usually marking the edge of the roadway or paved area.
CURB CUT: The opening along the curb line at which point vehicles may enter or leave the roadway.
DAYCARE: Care and supervision provided for compensation, during part of a twenty four (24) hour day, for a child or children not related by blood or marriage to the person or persons providing the care in a place other than the child's or children's own home or homes.
DAYCARE CENTER: A place or facility providing daycare, for compensation, for thirteen (13) or more children.
DECIBEL: A unit of sound pressure level.
DECK/TERRACE: A floorlike structure (may be different levels) requiring a building permit, which may or may not be covered.
DEDICATION: The deed or other instrument of conveyance of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the city.
DEED: A legal document conveying ownership of real property.
DENSITY: The number of families, individuals, dwelling units, or housing structures per unit of land.
DESIGN REVIEW: Review of development proposals for building and site plan, signs, grading, parking, landscaping, etc., to ensure compliance with codes.
DETERIORATION: The marked diminishing of the physical condition of structures or buildings.
DEVELOPER: The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. (See definition of Subdivider/Developer.)
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 drilling operations.
DEVELOPMENT PLAN: All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the development services department, commission and council.
DISTRICT: A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.
DOUBLEWIDE UNIT: Two (2) mobile home units, designed to be attached side by side, which constitute the complete mobile home. One unit without the other would not provide all the necessities for a dwelling unit.
DOWN ZONING: An action which results in the lowering of the zoning classification of a given tract, tracts or area to a lesser land use; for example, an adjustment from commercial to residential land use.
DRAINAGE: A. Surface water runoff.
B. The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
C. The means for preserving the water supply and the prevention or alleviation of flooding.
DRAINAGE SYSTEM: Pipes, swales, natural features and manmade improvements designed to carry drainage.
DRIVE-IN ESTABLISHMENT: An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to purchase a commodity or receive services, or be entertained while remaining in their motor vehicles. (See unique use/drive-in, chapter 9 of this title.)
DRIVEWAY: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
DRUGSTORE: A retail store where medical prescriptions, drugs, medical devices and supplies, and nonprescription medicines are sold, but where a variety of nonmedical products are sold as well.
DRY LINE: A utility line that is installed in accordance with city design specifications in anticipation of future connection to the municipal facility. (See chapter 16 of this title.)
DWELLING, MULTIPLE: A building consisting of three (3) or more attached dwelling units where all such units are on the same lot.
DWELLING, SINGLE-FAMILY: A dwelling which is not attached to any other dwelling by any means and is used exclusively for the occupancy of one family, including a "group home" as defined by Idaho Code.
DWELLING, SINGLE-FAMILY ATTACHED: A building containing two (2) dwelling units attached by a common wall(s), where each dwelling unit is located on a separate lot.
DWELLING, TOWNHOUSE: A townhouse/row house is a building containing three (3) or more dwelling units attached by a common wall(s), where each dwelling unit is located on a separate lot, and no unit is located over another unit.
DWELLING, TWO-FAMILY DUPLEX: A building, on a single lot, designed or used exclusively for the occupancy of two (2) families, consisting of two (2) dwelling units which may be either attached by a common wall side by side or one above the other.
DWELLING UNIT: Any structure or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. The dwelling unit does not include any attached or detached accessory structures.
EASEMENT: A permanent or temporary limited right of use of land for specific purposes, excluding alleys.
EAVE: The projecting lower edges of a roof overhanging the wall of a building.
EGRESS: An exit.
EMISSION: A discharge of pollutants into the air.
ENCROACHMENT: Any obstruction in a delineated floodway, right of way or adjacent land.
ENGINEER: A professional engineer registered in the state of Idaho.
ENTERTAINMENT FACILITIES: Any structure housing any "for profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, nightclubs, cocktail lounges, bars, bowling alleys and similar entertainment activities.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance of underground/surface or overhead electrical, gas, steam, water and sewage transmission and collection systems, streets, sidewalk/curb and gutter, fire protection, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.
EXCAVATION: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface whether exposed or submerged.
EXISTING MANUFACTURED/MOBILE HOME PARK/SUBDIVISION: A parcel, or contiguous parcels, of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date hereof.
EXISTING USE: The use of a lot or structure at the time of the enactment of a zoning ordinance.
EXPANSION TO AN EXISTING MANUFACTURED/MOBILE HOME PARK/SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
FACADE: The front of a building given special architectural treatment; a false or artificial appearance.
FACE OR FRONTAGE OF BUILDING: The wall of a building fronting on a street or alley.
FAMILY: A person living alone or two (2) or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a boarding house, motel or hotel.
FAMILY DAYCARE HOME: A home, place or facility providing daycare, for compensation, for six (6) or fewer children. This use includes the care of the operator's children or legal wards and children related by blood or marriage. It does not include any occasional personal guests and children aged twelve (12) years and over. (See unique use/family daycare, chapter 9 of this title.)
FASCIA SIGN: A sign which is mounted flat on the face of the building or parapet and projects no more than eighteen inches (18") from the wall.
FAST FOOD RESTAURANT: An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off the premises.
FENCE: An artificially constructed barrier of an approved material or combination of materials erected to enclose or screen areas of land.
FENCE, VISIBILITY: A fence, wall or latticework screen that does not obstruct more than fifty percent (50%) visibility through the vertical surface area.
FINAL PLAT: The final map, drawing or chart on which the subdivision is presented to the city for approval.
FINANCE, INSURANCE AND REAL ESTATE: Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate.
FLEA MARKET: An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale/resale to the public.
FREESTANDING SIGN: A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This type of sign includes monument signs and pylon signs.
FRONTAGE ROAD: A street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.
GARAGE, PRIVATE: A detached accessory building or an attached accessory portion of the principal building designed and/or used for shelter or storage of vehicles or boats owned and operated by the occupants of the principal building, and which is not a separate commercial enterprise available to the general public.
GARAGE, PUBLIC: A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARAGE, REPAIR: Any building, premises, or land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered for profit.
GARAGE SALE: An occasional sale of used household or personal articles, furniture, tools, or clothing held on the seller's own premises.
GATEWAYS: Main entrances into the city requiring special attention and additional landscaping to enhance the city's image. The following highways/streets are designated as "gateways": Highway 30, American Legion Boulevard and Air Base Highway (excluding areas of these streets which are within the C-2 zone).
GENERAL TEMPORARY OUTDOOR SALES: Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted, special, or conditional use, or a special event otherwise regulated by the city of Mountain Home ordinances. This definition does not include garage or yard sales.
GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GRADE: The degree of rise or descent of a sloping surface.
GRADE, FINISHED: The final elevation of the ground surface after development.
GRANDFATHER RIGHTS: See chapter 10 of this title, and definitions of Nonconforming Lot, Nonconforming Land Use, and Nonconforming Structure Or Nonconforming Building.
GRAVEL PIT: An open land area where sand, gravel and rock fragments are mined or excavated for sale or off tract use.
GREENBELT: An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
GROUND LEVEL: The average elevation of the ground upon which the sign supports are placed, except when the sign supports rest upon a berm or other area elevated above the surrounding ground. In such cases, the average elevation of the base of such berm or other area shall be considered as the ground level.
GROUP CARE FACILITY: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. May include recovery home, home for elderly, battered women and children, etc.
GROUP DAYCARE FACILITY: A home, place or facility providing daycare, for compensation, for seven (7) to twelve (12) children.
GROUP HOME: As per Idaho Code, a profit or nonprofit place of residence for the sheltering of eight (8) or fewer mentally and/or physically handicapped or elderly persons to live in normal residential surroundings as single-family dwellings as provided for by Idaho Code.
GROUP IDENTIFICATION SIGN: A sign displaying the collective name of a group of uses such as the title of a shopping center, office park, or industrial park and its tenants.
HANDCRAFTED ITEMS: Intent is crafting of small items, e.g., tying flies, sewing articles, shell crafts, flower craft, etc. Does not include the manufacture of furniture or large items.
HARD SURFACE: Durable and dustless materials designed to bear the weight for the parking and storage of motor vehicles, including concrete, asphalt, compacted crushed stone, compacted gravel, recycled asphalt, open and closed pavers, including turf block pavers and other similar materials approved by the development services department.
HEALTH SERVICE FACILITY: A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease. Including, but not limited to, a general hospital, a special hospital, public health center, rehabilitation center, extended care facility, skilled nursing home and hospital outpatient clinics, but not including doctor, dentists, etc., offices or clinics.
HILLSIDE SUBDIVISION/DEVELOPMENT: Any subdivision having an average slope of ten percent (10%) or more.
HISTORIC SITE/BUILDING: A structure or place of outstanding historical and cultural significance and designated as such by the state or federal government.
HOME OCCUPATION: See unique uses/home occupation, chapter 9 of this title.
HOSPITAL: An institution which provides health services primarily for inpatient and medical or surgical care for sick or injured persons, and may include outpatient department/clinic, training facilities, central service facilities and staff offices.
ILLUMINATED SIGN: A sign which uses a source of light for illumination.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.
INDUSTRIAL: Manufacturing/industrial processing, 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 may generate some nuisances such as emissions (i.e., smoke, vapor), noise, vibration, dust, glare, air pollution or water pollution.
INDUSTRIAL, LIGHT: Manufacturing/industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as emissions (i.e., smoke, vapor), noise, odor or dust; which operate and store within enclosed structures; and which generate little industrial traffic and no nuisances.
INFILL: To allow new construction or replacement of a previously existing building on property located within the original townsite; or where twenty five foot (25') lots have been platted; or the lot was of record at the time this title was adopted; and the lot is not large enough to enable meeting of the adopted setbacks and/or standards.
INFRASTRUCTURE: Facilities and services needed to sustain industry, residential and commercial activities, i.e., water and sewer lines, streets, roads, public facilities, fire stations, parks, etc.
INGRESS: Access or entry.
JUNK: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.
JUNKYARD: An outdoor space where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. "Junkyard" also includes house wrecking and structural steel materials and equipment, two (2) or more unregistered inoperable vehicles (stored in the open), automobile salvage and wrecking yards and includes any area where "junk" materials are stored in the open. This does not include such places where such uses are conducted entirely within a completely enclosed building such as pawnshops or establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials which are incidental to manufacturing operations.
KENNEL: Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling, boarding or training of dogs or who keeps and maintains for any reason, four (4) or more dogs. This does not include the young of an adult dog that are under six (6) months of age.
LAND USE: A description of how land is occupied or utilized.
LAND USE MAP/PROJECTED: The official city projected land use map for future growth as adopted in the comprehensive plan.
LAND USE PLAN: The Mountain Home comprehensive plan.
LANDSCAPING: The planting and maintenance of some combination of grass, trees, shrubs, vegetation, flowers, walkways, etc.
LIGHTING, DIRECT: Lighting, the source of which is visible to a viewer.
LIGHTING, FLOODLIT: Lighting which is reflected from the ground or the surface of a sign or building.
LIGHTING, INDIRECT OR INTERNAL: Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer.
LOADING SPACE: An off street space or area on the same lot with a principal building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOCAL IMPROVEMENT DISTRICT (LID): A legal tool where public improvements can be made and paid for by property owners over a period of time.
LOT: A parcel of land of at least sufficient size to meet the minimum zoning requirements for lot coverage and area, yards and/or open spaces, etc., as herein required, in the zone in which the lot is located. Such lot shall have frontage or legal access to a public or private street.
LOT AREA: The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights of way, irrigation easements, drainage water or creek floors.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the "corner".
LOT COVERAGE: That area of a lot which is occupied by the principal building(s) or accessory building(s). Uncovered decks, porches, terraces are not figured into lot coverage. The ratio is expressed as a percentage.
LOT, DOUBLE FRONTAGE: A lot with frontage on two (2) streets.
LOT, FLAG LOT: A lot in the shape of a flag on a pole or similar design.
LOT FRONTAGE: That portion of a lot which abuts a street right of way or other access.
LOT, INTERIOR: A lot with only one frontage on a street.
LOT LINE, FRONT: On interior lots, the front lot line is the property line which is contiguous with the street line.
LOT LINE, REAR: The lot line which is opposite and most distant from the front lot line. For a triangular or gore shaped lot, the "rear lot line" shall mean a line ten feet (10') in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line.
LOT LINE, SIDE: A property line which is not a front or rear lot line.
LOT LINES: Property lines bounding the lot.
LOT OF RECORD: A lot shown as a part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county recorder.
LOT SPLIT: The dividing of a lot or parcel of land into no more than two (2) parcels/lots.
MANUFACTURED BUILDINGS/TRANSPORTABLE DWELLING STRUCTURE (Other Than Manufactured/Mobile Homes): These structures are constructed according to building code and built at a location other than a permanent home site and are known by a variety of names such as: modular homes, factory built dwellings, prefabricated houses, relocatables, factory crafted homes, and similar names. These structures are built at one site for the specific purpose of being moved to a permanent home site. This type of dwelling normally remains at one permanent home site, unless moved by special moving equipment to another permanent home site. This type of dwelling must be built to meet the requirements of the adopted building code and city building code, and a regular footing and foundation must be prepared before the structure can be moved into the city. These structures may consist of one or more sections. However, each section or unit requires the use of special mobility equipment for transportation to a permanent home site. "Manufactured home" means a structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC section 5401 et seq.
MARQUEE/MARQUEE SIGN: Any hood, canopy, awning or permanent construction which projects from a wall of a building.
MASTER PLAN: A long range plan intended to guide the development and funding for capital improvements.
MESSAGE CENTER SIGN: An electronically activated sign which provides general public service information such as time, date, temperature, and messages of interest to the public.
METES AND BOUNDS: A method of describing the boundaries of land by directions and distances from a known point of reference.
MIXED USE: See definition of Use.
MOBILE FOOD CONCESSIONS: See section 4-11-2 of city code.
MOBILE FOOD CONCESSIONS YARD: A property where two or more mobile food concessioners congregate to offer food or beverages for sale to the public as the primary use of the land. This definition shall not be interpreted to include a congregation of mobile food vendors as a secondary, accessory, or temporary use.
MOBILE HOME: A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.
MOBILE HOME PARK: A mobile home park (MHP overlay) means any site or tract of land under single ownership or control which has been planned and improved for the placement of more than one mobile home for nontransient use.
MOBILE HOME SUBDIVISION: A parcel of land divided into two (2) or more mobile home lots for sale and/or rent.
MONUMENT: Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code.
MONUMENT SIGN: A freestanding sign, not over four feet (4') in height and attached to the ground.
MORATORIUM: As per Idaho Code, a legally authorized period of delay or suspension of ordinances authorized under title 67, chapter 65 Idaho Code.
MOTEL/HOTEL: A commercial lodging facility occupied by individuals on a less than weekly basis which may be detached, in connected units, or designed as a single structure, the units of which are used as individual sleeping or dwelling units, having their own private toilet facilities and may or may not have their own kitchen facilities.
NEIGHBORHOOD: An area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools, or boundaries defined by physical barriers such as major highways and railroads or natural features such as rivers.
NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date hereof.
NONCONFORMING LAND USE: Any lawfully situated or occupied use of the land and/or building which does not conform to the zoning district in which it is located after the effective date hereof.
NONCONFORMING LOT: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING SIGN: Any sign which does not conform to the requirements of this title, but which was legally erected prior to the adoption date hereof.
NONCONFORMING STRUCTURE OR NONCONFORMING BUILDING: Any lawfully occupied or situated building or structure which does not conform to the regulations of this title after the effective date hereof, unless otherwise provided for herein.
NONREVOCABLE BOND/PERFORMANCE OR SURETY BOND: A financial guaranty by a subdivider or developer deposited and filed 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 by the developer. The bond involves an amount of money or other negotiable security which is paid by the subdivider or developer to the city clerk. The bond also guarantees that the subdivider or developer will perform all actions required by the governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat or plan.
NOXIOUS MATTER/MATERIALS: Physically harmful or destructive to living beings.
NUISANCE: Any environmental pollutant such as, but not limited to, smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSING HOME: An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Includes long term care facilities, extended care facilities and intermediate care facilities. (Also see definitions of Group Home and Adult Care Facility.)
OCCUPANCY PERMIT: See definition of Certificate Of Occupancy.
OFF PREMISES SIGN/ADVERTISING SIGN/BILLBOARDS: A sign which directs attention to a person, business, commodity, service, or entertainment which is promoted, conducted, sold, or offered elsewhere than upon the premises where the sign is displayed. "Off premises signs" or "advertising signs" include billboards.
OFF STREET PARKING SPACE: An open, concrete or asphalt parking space which is located within the lot lines of the lot or parcel being developed.
ON PREMISES SIGN: A sign which is related to the property upon which it is located, or to the business or activity being conducted thereon.
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. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included.
ORDINANCE: A municipally adopted law or regulation.
ORIGINAL TOWNSITE: The original township as platted. Contains twenty five foot (25') lots.
OWNER: The person or entity having the ownership of record in the property.
OWNERSHIP: The individual, firm, association, syndicate, partnership or corporation who has title to property.
PARK/COMMERCIAL: A privately owned park and/or recreation area which is used for financial gain.
PARK/PLAYGROUND, PRIVATE: A privately owned park and/or playground which may be located within a subdivision, mobile/manufactured home park, planned unit development or elsewhere and used and maintained primarily by the owner(s) or residents of a subdivision, etc., for recreation.
PARK, PUBLIC: A tract of land designated and used by the general public for active and passive recreation.
PARKING LOT OR AREA, PRIVATE: An open, hard surfaced area, other than a street, alley or public way, designed, arranged and made available for use by the tenants, employees or owners of the property for which the parking is required and not open for use by the general public.
PARKING LOT OR AREA, PUBLIC: An open, hard surfaced area, other than a street, alley or public way, to be used for the storage, for limited periods of time, of operable passenger vehicles and commercial vehicles and available to the public whether for compensation, free or as an accommodation to clients or customers. Public parking lots may include parking lots which may be required by this title for retail customers, patrons and clients.
PARKING SPACE: A permanently maintained space with proper access for one standard sized automobile with dimensions conforming to the requirements of this title.
PATIO: A level, landscaped and/or surfaced area directly adjacent to a principal building.
PAVEMENT:
A. Brick, stone, concrete or asphalt placed on the surface of the land.
B. That part of a street having an improved surface.
PERCOLATION TEST: A test designed to determine the ability of ground to absorb water and used in determining the suitability of soil for drainage or for the use of a septic system.
PERFORMANCE STANDARDS: Standards which are often applied to industrial, residential and commercial districts including: neighborhood compatibility, public facilities availability, resource protection, environmental standards, site design, design compatibility, etc. Typically used in conjunction with planned unit developments (PUD) and development that may have the capability of creating a nuisance for adjacent properties.
PERMIT: Written governmental permission, issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PHARMACY: A place where the primary business is dispensing and preparing medicines. (See definition of Drugstore.)
PLANNED UNIT DEVELOPMENT (PUD): An area of land which is developed under a single ownership or control in which a variety of residential, commercial, industrial and other land uses may be permitted to create a variety in the development pattern and which is processed as a conditional use.
PLANNING AND ZONING COMMISSION: The Mountain Home planning and zoning commission.
PLAT: The drawing, map or plan of a subdivision, cemetery, townsite, other tract of land or a replotting of such, including certifications, descriptions, and approvals as described by Idaho Code.
PLAT, FINAL: The final map of all or a portion of a subdivision or site plan which is presented to the proper review authority for final approval.
PLAT, PRELIMINARY: A preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the proper review authority for consideration and preliminary approval as meets the requirements of the subdivision ordinance.
POLE SIGN: A sign wholly supported by a sign structure in the ground.
PORCH: A roofed open area, which may be glazed or screened, usually attached to or part of, and with direct access to or from, a building.
PORTABLE SIGN: A sign mounted on a frame or chassis designed to be easily relocated.
PRIMARY USE: The development or predominant use to which the property is or may be devoted, and to which all other uses on the premises are incidental.
PRINCIPAL BUILDING: See definition of Building, Principal.
PRIVATE COMMERCIAL SCHOOL: A school, regardless whether it is operated for profit, primarily devoted to instruction in dance, music, drama, art, languages, martial arts training, etc.
PROFESSIONAL OFFICES: Offices maintained and used as a place of business by schooled professionals such as physicians, dentists, lawyers, architects, engineers, accountants, etc.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project.
PROJECTING WALL SIGN: A wall sign which is attached to and projects generally perpendicular from the face of the building.
PROJECTION/SIGN: The distance by which a sign extends over public property or beyond the building line.
PROPERTY LINE: See definition of Lot Lines.
PUBLIC NOTICES: The required notice given by the city of Mountain Home, or the applicant, which provides notice to the public and area residents stating that an application has been filed and that the city will be holding a public hearing on a given date and time, and whereby the public and property owners will have an opportunity to submit their views and evidence as to the proposed development or zoning.
PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public owned buildings, fire and police stations, libraries, post offices and public utility administration buildings.
PUBLIC UTILITY: A public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar services, for the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas, cable TV and transportation for persons and freight.
PYLON SIGN: A freestanding sign erected upon a single pylon or post.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
REAL ESTATE OR PROPERTY FOR SALE, RENT OR LEASE SIGN: Any sign pertaining to the sale, lease or rental of land or buildings.
RECREATIONAL VEHICLE: A portable vehicular unit or structure used primarily for hobbies, vacations, extended travel, camping, sports and aquatic use. RVs may be self-propelled, towed or transported by trailer. RVs may include, but are not limited to, motor homes, converted buses, camping and travel trailers, light duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers and off street vehicles such as snowmobiles, dune buggies, all-terrain vehicles (4 wheels) and any type of three (3) or four (4) wheeled sport racing/drag vehicle.
RECREATIONAL VEHICLE PARK: A plot of land upon which two (2) or more recreational vehicles are located, established or maintained for occupancy of recreational vehicles by the general public as temporary living quarters for recreation or vacation purposes.
RECYCLING: The process by which waste products are reduced to raw materials and transformed into new and often different products.
REFUSE: See definition of Solid Waste.
REMODEL: To alter the structure of.
REPAIR: The reconstruction and/or renewal of any existing part of an existing structure for the purpose of its maintenance.
REPAIR, MAJOR MOTOR VEHICLE: General repair, engine rebuilding, repair or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers within an enclosed building.
REPAIR, MINOR MOTOR VEHICLE: Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation specified under the definition of "repair, major motor vehicle".
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RESOLUTION: A formal expression of the opinion, will, or intent of an official body or assembled group.
RESTAURANT: Any premises (other than a boarding house) where meals are provided for compensation.
REZONE: To change the zoning classification of particular lots or parcels of land. (See procedures/rezone, chapter 6 of this title.)
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, other public utilities, railroad or service areas.
ROAD: See definition of Street.
ROOF SIGN: A sign erected upon or above a roof or parapet of a building which is wholly or partially supported by said roof or parapet.
RUBBISH/REFUSE: A general term for solid waste, excluding food waste and ashes, taken from residences, commercial establishments and institutions.
RURAL AREA: A sparsely developed area where the land is undeveloped or primarily used for agricultural purposes.
SALVAGE: The utilization of waste materials.
SALVAGE YARD: See definition of Junkyard.
SANITARY LANDFILL: A site for solid waste disposal.
SCHOOL (KINDERGARTEN, ELEMENTARY, INTERMEDIATE OR HIGH): An institution of learning, either publicly or privately supported, which offers instruction in several branches of learning and study required to be taught in the public schools by the state of Idaho. High school includes junior and senior high. (See definitions of Private Commercial School and Trade/Vocational School.)
SCREENING: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berm or densely planted vegetation.
SEAT: The place at or the thing on which one sits. 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 eighteen (18) linear inches of benches, pews or space for loose chairs.
SELF-SERVICE STORAGE: A building or group of buildings, or portions thereof, which are divided into individually accessed units and are designed and used exclusively for lease or rental storage.
SERVICE BUILDING: A building housing sanitary facilities, laundry facilities, recreational facilities or other necessary accessory uses for the health and convenience of manufactured home/mobile home occupants.
SERVICE STATION: A retail place of business engaged in supplying gasoline, motor oils, lubricants and grease for the operation of motor vehicles and the sale and servicing of accessories, tires, batteries, replacement items and other automotive accessories and where minor motor repair and services may be rendered.
SERVICE YARD: Buildings and premises, including offices, used by any person or by the city for storage, maintenance, repair and processing of equipment, materials and other items involved in the construction or maintenance of physical facilities having permanent fixed locations, or in the operation of a fleet of rolling stock.
SETBACK: The space on a lot required to be left open and unoccupied either by the front, side or rear yard requirements of this title or by delineation on a recorded subdivision map. The setback line is generally parallel with and measured from the lot line, defining the limits of a yard/open space in which no building or structure may be located above ground, except as may be provided for in this title.
SEWER: Sewer lines which are connected to a municipal wastewater treatment facility as per city specifications/standards.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or sexual encounter premises; or any premises where employees engage in specified sexual activities or display specified anatomical areas.
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.
SHELTER HOME: A building or facility operated on either a profit or nonprofit basis. (See definitions of Group Home and Adult Care Facility.)
SHOPPING CENTER: A shopping center which provides, in addition to the convenience goods of the neighborhood center, a wider range of facilities for the sale of shopping goods such as apparel or furniture.
SIDEWALK: That portion of road right of way outside the roadway which is improved for the use of pedestrian traffic.
SIGHT TRIANGLE: See definition of Vision Clearance/Triangle.
SIGN: Any structure or natural object, such as a tree, rock, bush, the ground itself or part thereof, or device attached thereto or painted and 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.
SIGN AREA: The area of the sign occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers. The area of double faced signs shall be the area of the larger single face.
SIGN HEIGHT: The distance measured vertically from the finished elevation of the ground at the point of attachment to the highest point of the sign or visual appurtenances.
SIGN/LIGHTING: See definition of Lighting.
SIGN STRUCTURE: Any structure which supports, has supported or is capable of supporting a sign but includes decorative cover so that the sign support is not visible.
SIGN SUPPORT: Any support, i.e., wire, metal, wood, which supports the sign and is not an integral part of the sign structure.
SITE PLAN: A drawing of a development plan for one or more lots on which is shown the existing and proposed conditions of the lot and may include the following information: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services and/or easements, setbacks, structure height, location and size or square footage, off street parking, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required by the development services department or other city departments.
SOLID WASTE: Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.
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.
SPECIFIED SEXUAL ACTIVITIES: Shall mean and include any of the following:
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. Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition; or
E. Erotic or lewd touching, fondling or other contact with an animal by a human; or
F. The exposure or display of human genitals in a state of sexual stimulation, arousal or tumescence; or
G. Erotic dancing or rhythmic movements with a device, instrument, object or pole.
SPOT ZONING: Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.
START OF CONSTRUCTION: 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 on a 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 streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms.
STORMWATER DETENTION: Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
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, route, avenue, boulevard, lane, place and other such terms.
STREET, HALF: A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development.
STREET, PROPOSED: The undedicated portion of a street alignment, or proposed widening of an existing street.
STREET, URBAN SYSTEM:
A. Arterial: Should carry the major portion of trips entering and leaving the urban area as well as the majority of the through trips desiring to bypass the central city. In addition, significant interarea travel (such as between central business districts and outlying residential areas, between major inner city communities, or between major suburban centers) should be served by this class of facilities.
B. Collector: That which provides both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system.
C. Local: That which comprises all facilities not on either of the higher systems. Local streets serve primarily to provide direct access to abutting land and access to the higher order system. Examples of local streets are: alleys (which provide secondary access at the back or side of a property otherwise abutting a street); loop streets (a minor street with both terminal points on the same street or origin); cul-de-sac (a street connected to another street at one end only and provided with a turnaround space at its terminus); partial street (a dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land); and private street (a parcel of land providing vehicular and pedestrian access to adjacent properties from a publicly dedicated right of way and which is recorded in the Elmore County recorder's office as a perpetual easement to the property owners taking access therefrom or the ownership of which is vested in the property owners taking access therefrom).
STRUCTURAL ALTERATIONS: Any change which would prolong the live of the supporting members of a building or structure such as bearing walls, columns, beams or girders.
STRUCTURE: Anything which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (As defined by building code.) Among other things, structures include buildings, mobile homes, signs, walls, fences and gas or liquid storage tanks that are principally above ground.
SUBDIVIDER/DEVELOPER: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this title. The person need not be the owner of the property.
SUBDIVISION: The division of a lot, tract or parcel of land into more than two (2) lots, tracts, parcels or other divisions of land for sale, development or lease. The term "subdivision" shall also include the dedication of public streets, other rights of way and the addition to, or creation of, a cemetery.
SUBDIVISION, MAJOR: Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR: A subdivision which does not have more than six (6) lots and does not involve any of the following: a) a planned unit development; b) any new street; or c) the extension of any municipal facilities.
SUBSTANTIAL ALTERATION/SUBSTANTIAL IMPROVEMENT:
A. Any extension, repair, reconstruction, or other improvements of a property or a nonconforming property, the cost of which equals or exceeds fifty percent (50%) of the assessed value of the structure (as determined by Elmore County assessor):
1. Before the improvement or repair is started, or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
B. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.
SURETY BOND: See definition of Nonrevocable Bond/Performance Or Surety Bond.
SURVEYOR: As per Idaho Code, a person who is authorized by the laws of the state of Idaho to practice land surveying.
SYSTEM IMPROVEMENTS: System improvements, in contrast to project improvements, means capital improvements to public facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code.
TAVERN: Any premises where beer, wine or liquor, as defined by Idaho Code, is sold for consumption on premises.
TEMPORARY STRUCTURE: Not having or requiring a permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground.
TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TRADE/VOCATIONAL SCHOOL: An institution or facility conducting instruction in the technical or trade skills such as business, secretarial training, medical-dental technician training, beauticians, barbers, electronics, automotive technician training etc.
TRAILER: A structure standing on wheels, towed or hauled by another vehicle and used for short term human occupancy, carrying materials, goods or objects, or as a temporary office. (See definitions of Recreational Vehicle and Recreational Vehicle Park.)
TRANSITIONAL USE: A use of land designed to serve as a buffer between conflicting land uses such as single-family residential uses and commercial or industrial uses.
UNDER CANOPY OR MARQUEE SIGN: A sign suspended below the ceiling or roof of a canopy or marquee.
URBAN SPRAWL: Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by significant amounts of vacant land intermixed with parcels of urban development and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, employment, health and recreational needs.
USE: The purpose for which land or a building is intended, designed, arranged, maintained, or zoned.
USE, MIXED: A combination of residential and commercial, i.e., commercial on the ground floor and an apartment on the second floor or commercial in the front with an apartment in the rear, and in which both uses are contained within one structure.
VARIANCE: A modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other ordinance provisions affecting the size or shape of a structure or the placement of a structure upon lots or size of lots.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or street, excepting devices moved exclusively by human power or used upon stationary rails or tracks.
VEHICULAR NONACCESS STRIP: A one foot (1') wide barrier strip of land along the perimeter of a lot, that extends down and up to infinity, over and/or through which no vehicle may access.
VISION CLEARANCE/TRIANGLE: Vision clearance in districts where front yards are required shall be:
A. That triangle of land defined in any corner lot by measuring from the intersection of the property line of the adjacent streets thirty feet (30') along each property line and connecting the two (2) points with a straight line.
B. That triangle of land defined adjacent to any alley intersecting a street by measuring along the intersection of the alley edge and the future projected curb line of the adjacent street seven and one-half feet (71/2') and connecting the two (2) points with a straight line.
WALKWAY: A public right of way for pedestrian traffic that crosses private or public property and does not cross a public street or alley.
WALL SIGN: A sign mounted parallel to a building facade or other vertical building surface.
WAREHOUSE: A building used primarily for the storage of goods and materials.
WINDOW SIGN: Any sign attached to or painted on the window surface of a building or structure and designed to be viewed from public property.
WRECKING YARD: Any premises used for the storage, dismantling or sale of either used motor vehicles, trailers, machinery and/or building materials.
YARD: An open space that lies between the principal or accessory building or buildings and the nearest lot line.
YARD DEPTH: The shortest distance between a lot line and a yard line.
YARD, FRONT: A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
YARD LINE: A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.
YARD, REAR: A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
YARD, REQUIRED: The open space between a lot line and the buildable area within which no structure shall be located except as provided in this title.
YARD SALE: See unique uses/garage sale/temporary uses, chapter 9 of this title.
YARD, SIDE: A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZERO LOT LINE: A building design which allows for a dwelling to be built to the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling.
ZONE: A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
ZONING: The dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
ZONING MAP: The map or maps, which are a part of the zoning ordinance, and delineate the boundaries of zone districts.
ZONING OFFICER: See definition of Code Official/Administrator.
ZONING ORDINANCE: The land use regulations which govern the City.
ZONING PERMIT: A document signed by the Administrator authorizing the uses of land and structures in a particular zoning district. (Ord. 1628, 1-12-2015; amd. Ord. 1648, 2-8-2016; Ord. 1658, 4-10-2017; Ord. 1757, 8-23-2022; Ord. 1764, 8-23-2022)