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For the purpose of this chapter, certain words and terms used herein are defined. All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include the plural number; unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not discretionary. The word "used" shall be deemed also to include "designed, intended, or arranged to be used". Unless otherwise specified all distances shall be measured horizontally. The word "city" means the "city of Orofino", in the county of Clearwater, state of Idaho; the term "council" means the city council of said city; the term "commission" means the planning and zoning commission of said city of Orofino.
ACCESSORY: A subordinate building, the use of which is incidental to the use of the main building on the same lot.
ACCESSORY STRUCTURE: Any structure attached to, located adjacent to a home or on the same lot, including awnings, steps, porches, carports, garages, and storage buildings. Accessory structure shall be constructed in compliance with standards specified by the city and shall be aesthetically harmonious with the home and the neighborhood. An accessory structure shall be considered "detached" if located more than three feet (3') from the primary housing unit.
ACCESSORY USE: A minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use. The term is synonymous with "secondary use".
AIRPORT: Orofino City Airport 1 .
ALLEY: A passageway open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.
ALTERATIONS: A change or arrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration.
APARTMENT HOUSE: A building, or portion thereof, used or designed as a dwelling for three (3) or more families or households living independently of each other.
BASEMENT: That portion of a building partly underground and having at least one-half (1/2) of its height more than five feet (5') below the adjoining finished grade.
BEDROOM: A room other than a living room, kitchen, bathroom, eating area or utility room which may be used for sleeping purposes.
BOARDING HOUSE: A dwelling in which not more than four (4) roomers, lodgers and/or boarders are housed or fed.
BUILDING: Any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this chapter requires that use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed.
BUILDING AREA: The total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point four feet (4') in from the outside edge of a cantilevered roof, whichever covers the greatest areas.
BUILDING HEIGHT: The perpendicular distance from the established grade of the street to the average roof elevation, not to exceed international building code. For buildings set from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided its distance from the street line is not less than the height of such grade above the established grade.
CARPORT: A structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather on two (2) sides.
CHILDCARE FACILITY: A business or establishment operated within the city which is licensed pursuant to the Orofino childcare facility ordinance and title 5, chapter 11 of this code.
CITY IMPACT: The officially adopted geographic area of city impact is shown on the map adopted by reference herein and entitled "area of Orofino city impact" and includes specifically defined land outside the city limits 1 .
CLINIC: A building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses.
CLUB: An incorporated or unincorporated association or persons organized for social, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be semiprivate in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.
COMMERCIAL USE: An activity maintaining a display of goods, merchandise or services, for sale or involving a rental fee.
COMMERCIAL VEHICLE: A motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.
COMMUNITY CENTER: A building where the public can meet and use as a recreational activity and other community services for the people who live in the community.
CONDITIONAL USE: A use permitted in one or more zones as defined by this chapter but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, street, and existing improvements or demands upon public facilities, requires a special degree of control to make use consistent with and compatible to other existing or permissible uses in the same zone or zones.
CONDITIONAL USE PERMIT: The documented evidence of authority granted by the planning and zoning commission and the city council to locate a conditional use at a particular location.
COURT: An open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two (2) or more sides by such buildings or building, including the open space in a house, court or apartment, providing access to the units thereof.
CURB CUT: A cut in the curb line for passage of vehicles, not to exceed twenty feet (20') in width.
DETACHED BUILDING: A building surrounded on all sides by open space.
DWELLING, TWO-FAMILY: A building containing two (2) kitchens and designed to be occupied by two (2) families living independently of each other.
DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one family. The term "dwelling" shall not be deemed to include motel, hotel, tourist home or boarding house.
ESTABLISHED GRADE: The high point of the sidewalk at the front or side lot line as established by the city.
FLOODPLAIN: The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare 1 .
FLOOR AREA: The sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches (7'6") exterior steps or stairs, terraces, breezeways and open spaces.
FUNCTIONAL OPEN SPACE: Land within a development which is permanently reserved as open space, free from permanent structures, useful for recreational or social use by the residents of the development, or others; such space shall not include streets, roadways or parking areas.
GARAGE, PRIVATE: A building or portion thereof for the housing or care of self-propelled vehicles.
GARAGE, PUBLIC: A building or portion thereof designed and used for the storage, rental, repair or servicing of motor vehicles or boats, as a business.
GASOLINE STATION: Any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories and which may or may not include washing, lubricating, or other minor servicing, but no painting operation.
GUESTHOUSE: A detached structure, being an accessory to a single- family dwelling with not more than two (2) bedrooms, having no kitchen facilities, and which shall be used and/or designed for use primarily by guests and/or servants for sleeping quarters only.
HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor".
HOME (REST, CONVALESCENT, GUEST, FOR THE AGED): A home operated similarly to a boarding house but not restricted to any number of guests or guestrooms and the operator of which is licensed by the state to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons suffering from a mental sickness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which no surgery is performed, maternity or other primary treatments such as are customarily provided in sanatoriums or hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital.
HOME CHILDCARE: A home or place in which four (4) or fewer children not related by blood or marriage to the person or persons operating such home are regularly received and provided with part time supplemental parental care during any part of the twenty four (24) hour day when the parents are not on the premises. See definition of Childcare Facility.
HOME OCCUPATION: Those activities engaged in one or two (2) rooms of a home or its accessory building; such as home care products, arts and crafts, online computer services, typing, and bookkeeping and like activities. A home occupation shall not detract from or change the integrity or character of the residential zone. There shall not be any outside indication such as signage or other indication that a home occupation exists at a residence. Any occupation that does not conform to the intent of this definition shall apply for a special use permit with the planning and zoning commission. The city reserves the right to revoke a home occupation permit and license if the nature of the home occupation changes or complaints on the home occupation persist.
HOME RETIREMENT: A place of residence of several families or individuals in apartment like quarters, rented or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities.
HOSPITAL: An establishment which provides accommodations, facilities and services over a continuous period of twenty four (24) hours or more, for observation, diagnosis and care, of two (2) or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
HOTEL: Any building or portion thereof containing six (6) or more rooms that are rented, or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.
JUNKYARD (SALVAGE): A lot, land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, glass, plastic, scrap metal or discarded material, or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.
KENNEL, COMMERCIAL: Any lot or building in which four (4) or more dogs and/or cats are kept commercially for board, propagation or treatment.
KITCHEN: Any room used or intended or designed to be used for cooking and/or preparation of food.
LINE: The line of the fascia or part of a building perpendicular to the ground nearest the property line.
LOT: A single tract of land, no matter how legally described whether by metes or bounds and/or by lot or lots and block designation as in a recorded plat, which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured and having frontage on or access to a public street.
LOT AREA: The total horizontal area within the boundary lines of a lot. Where utility or street easements are located within or bordering a parcel, lot area computation shall not include that area contained within the easement.
LOT CORNER: A lot at the junction of and fronting on two (2) or more intersecting streets.
LOT DEPTH: The mean dimension of the lot from the front street line to the rear line.
LOT INTERIOR: A lot fronting on one street and between the two (2) corner lots.
LOT THROUGH: A lot fronting on two (2) streets that do not intersect on the parcel's lot lines.
LOT WIDTH: The dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line.
MANUFACTURED HOME (Formerly MOBILE HOME): A structure constructed after June 15, 1976, built according to the federal manufactured housing and safety standards act (HUD code), and is for residential use only. For an expanded definition of a manufactured home (i.e., length, size, chassis or foundation and utility requirements), see state code 39-4105.
MANUFACTURED/MOBILE HOME PARK/COURT: A park or court, opening on a street, equipped with individual water, sanitary sewer and electrical connections for which permits and inspections are required for the placement of three (3) or more manufactured or mobile homes.
MEAN DEPTH: The mean depth of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot.
MOBILE HOME: A factory assembled structure or structures equipped with necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation.
MOTEL: A building or buildings, detached or 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, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor hotel, motor lodge, cabin court, motor inn and similar names.
NONCONFORMING BUILDING USE: The use of a building or structure which was a lawful use at the time this chapter was passed but which use, because of the passage of this chapter, does not conform to the regulations of the district in which the use exists.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time this chapter becomes effective and which does not conform with the use regulations of the district in which it is located.
OFF STREET PARKING: Parking facilities for motor vehicles on other than a public street or alley and not located in required front or street side yard setbacks.
OPEN PARKING: Any part of a lot unobstructed from the ground upward. An off street parking facility designed for more than four (4) parking spaces.
PARKING SPACE: Any use authorized or permitted along or in conjunction with another use in a specified district and subject to the limitations or the regulations of such use district.
PLANNED UNIT DEVELOPMENT: The PUD is characterized by a unified site designed for a number of housing units and/or other buildings where clustering of buildings and utilization of open space will allow for enhanced land use. Through a PUD, a development may be planned as a unit and the density of use may be calculated on the basis of the entire project, rather than on a lot by lot basis. Individual uses and structures in a PUD need not comply with specific building locations, height, building size, floor area, lot size and open space requirements of the underlying basic zone; provided, that requirements set forth herein are complied with, and the development as a whole is harmonious with the community, particularly adjacent land uses.
PRINCIPAL USE: The principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. The term is synonymous with "primary use".
PROFESSIONAL OFFICES: Offices maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring mere skill or manual dexterity or the handling of commodities.
PUBLIC UTILITY: A public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight.
RECREATION FACILITIES, COMMUNITY AND NONCOMMERCIAL: Facilities such as rod and gun clubs and shooting ranges, swimming pools, athletic clubs, golf and country clubs, for the use of the general public or provided for and by members of semiprivate corporations.
RECREATIONAL VEHICLE (RV): Per Idaho Code 49-119 means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupancy usage. School buses or van type vehicles which are converted to recreational use are defined as recreational vehicles.
RECREATIONAL VEHICLE (RV) PARK/COURT: A space or area designed, constructed and maintained in accordance with 5-9-16 of this Code.
ROOMER: Lodger or boarder occupying a rented room in a private home or rooming house.
SCHOOL: Elementary, junior or senior high, including public, private and parochial. An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Idaho state board of education.
SELF-SERVICE STORAGE FACILITY: A building or buildings consisting of individual, small, self-contained units, and the majority of the units being less than five hundred (500) square feet in area, that are leased or owned for the storage of business or household goods.
SERVICE BUILDING: A building housing a communal toilet, laundry and other sanitary facilities necessary for the health and convenience of the trailer court occupants.
SETBACK REQUIREMENTS: The distance that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right of way lines.
SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SITE: The total horizontal area within the property lines excluding external streets, public or private.
SPECIAL USE: A use permitted in one or more zones as defined by this chapter; but, because of characteristics peculiar to such use, or because of size, technological process or equipment or because of the exact location with reference to surroundings, streets and existing improvement or demands upon public facilities, requires a special degree of control to make uses consistent with and compatible to other existing or permissible uses in the same zone or zones. Special uses are distinguished from conditional uses by their potential impact on the entire community as opposed to a specific neighborhood and are therefore judged for compliance with the Orofino comprehensive plan by its authors, the planning and zoning commission.
SPECIAL USE PERMIT: The documented evidence of authority granted by the Orofino city council to locate a special use at a particular location.
STORY: That portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STORY, FIRST: The lowest story in a building that qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') below grade, as defined herein, at any point.
STREET: A public thoroughfare which affords the principal means of access to abutting properties.
STREET FRONT: A street on which the lots of a subdivision of a city block generally front upon.
STRUCTURE: A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet (6') in height, retaining walls, rockeries and similar improvements of a minor character less than three feet (3') in height.
STRUCTURE, TEMPORARY: Not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground.
STUDIO APARTMENT: A zero bedroom apartment with a separate kitchenette and with a bathroom.
SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land; provided, that a division of land which may be ordered or approved by a court or affected by testamentary or interstate provisions, or a division of land for agricultural purposes into lots or parcels of five (5) acres or more or not involving a new street shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
USE: The purpose of land, a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.
USE DISTRICT: A portion or portions of Orofino designated on district zoning maps as one or more of the categories listed and described in this chapter.
USE, MIXED: Two (2) or more different uses of the same land, buildings or structures. When a development of land, buildings or structures has mixed use, the more restrictive requirements shall apply, unless the requirements are specifically stated.
USED CAR LOT: Any place outside a building where two (2) or more automobiles are offered for sale or are displayed.
VARIANCE: The means by which an adjustment is made in the application of the specific regulations of this chapter to a particular piece of property which, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity, and which adjustment remedies disparity in privileges.
WAREHOUSE: A building used primarily for the storage of goods and material.
YARD: An open unoccupied space in front, rear or side on the same lot with a building or proposed building.
YARD, FRONT: An open unoccupied space extending from thirty inches (30") above the general ground level at the principal street line to the nearest point of the eave line of the main building on the lot and including the full width of the lot to its side lines.
YARD, REAR: An open unoccupied space extending from thirty inches (30") above the general level of the ground at the rear lot line to the nearest point of the eave line of the main building and including the full width of the lot to its side lines.
YARD, SERVICE: An open area, usually paved, with access to a street to allow vehicular access to a building or use for purposes of loading or unloading equipment, freight, livestock or people.
YARD, SIDE: An open unoccupied space extending from thirty inches (30") above the general ground level on the lot from the side yard line to the nearest point of the eave line of the main building and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front lot line shall be considered a side lot line. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019)
1. See section 11-3-2 of this title.
1. See section 11-4-3 of this title.
1. See chapter 5 of this title.