As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY BUILDING: A detached subordinate building, the use of which is customarily incidental to that of the main building, or to the main use of the land, and not including those buildings designated herein as agricultural buildings.
ACCESSORY USE: A use customarily incidental or subordinate to the main use of the premises.
ACRE: Forty three thousand five hundred sixty (43,560) square feet.
ADMINISTRATOR: A person appointed by the Board of County Commissioners to administer this title and related ordinances. Until such person is appointed, the Administrator is the Board of County Commissioners.
AGRICULTURAL BUILDING: A structure designed and constructed, or modified, to house farm implements, hay, grain, poultry, livestock or other horticultural products including structures used for processing, treating, packaging, sale or storage of agricultural products and including commercial, packing, sale or conditioning buildings for farm crops. Also included are structures for the housing of agricultural workers when such workers are employed on the farm unit.
AGRICULTURAL LAND/PURPOSE: That land on which agricultural operation occurs. Agricultural operation includes, without limitation, any facility for the growing, raising or production of agricultural, horticultural and viticultural crops and vegetable products of the soil, poultry and poultry products, livestock, field grains, seeds, hay, apiary and dairy products, and the processing for commercial purposes of livestock or agricultural commodities, including the processing of such commodities into food commodities.
AIRPORT: Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, land areas set aside as buffer zones or safety overruns, hangars and other necessary buildings.
ALLEY: A minor street providing secondary access to the back or side of a property otherwise abutting a street.
ANIMAL UNIT: See definition of CAFO.
AREA, MINIMUM LOT: The total area within the property lines of the lot, excluding adjacent streets, except as otherwise provided.
ATTACHED ACCESSORY LIVING QUARTERS: An attached structure that is used either as quarters for the ill, elderly or disabled. Accessory living quarters must be incidental and subordinate in size, impact and purpose to a principal dwelling. The attached living quarters must be accessible from inside the primary residence. The accessory living quarters shall not have a separate address or separate utility meters and shall not be rented separately from the main residence, nor used for commercial purposes other than a home occupation. Recreational vehicles shall not be permitted as accessory living quarters in any zoning district.
BOARD OF COUNTY COMMISSIONERS: The Governing Board of the County.
BOARDING AND ROOMING HOUSES: A building or portion thereof which is used to accommodate, for compensation, boarders or roomers, not including members of the owner's and/or occupant's immediate family. The word "compensation" shall include payment in money, service or other things of value.
BUILDING: A combination of materials, whether portable or fixed, which comprises a structure affording facilities or shelter for any use or occupancy, and shall include a part or parts thereof and all equipment therein normally a part of the structure.
BUILDING CODE: A building code may be any universal construction or safety code adopted by the county.
BUILDING HEIGHT: The vertical distance from the grade to the highest point on the roof surface.
CAFO: May also be referred to as "concentrated animal feeding operation" or "confined animal feeding operation", and means a lot or facility where the following conditions are met:
A. Animals have been or will be stabled or confined and fed or maintained for a total of one hundred twenty (120) consecutive days or more in any twelve (12) month period;
B. Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility; and
C. The lot or facility is designed to confine or actually does confine as many as or more than the number of animals specified in any of the following categories: seven hundred (700) mature dairy cows, whether milked or dry; one thousand (1,000) veal calves; one thousand (1,000) cattle other than mature dairy cows or veal calves; two thousand five hundred (2,500) swine each weighing fifty five (55) pounds or more; ten thousand (10,000) swine each weighing less than fifty five (55) pounds; five hundred (500) horses; ten thousand (10,000) sheep or lambs; or eighty two thousand (82,000) chickens.
For the purpose of this definition, two (2) or more concentrated animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
CAFO ADVISORY TEAM: Representatives of the Idaho state department of agriculture, Idaho department of environmental quality and Idaho department of water resources who review a site proposed for a CAFO, determine environmental risks and submit a suitability determination to the county.
CAR LOTS AND MACHINERY LOTS: A retail or wholesale area for the sale of motor vehicles and machinery.
CEMETERY: A place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot for earth interments, a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or any combination of one or more of the above. This definition shall be construed to include bona fide pet cemeteries.
CERTIFICATE OF COMPLIANCE: A certificate issued by the administrator or designee of the board of county commissioners which certifies that the proposed land use for a building, lot, parcel or other premises is in compliance with this title. The certificate must be issued before any building permit is issued and before a person enters into occupancy. When the proposed land use is pursuant to a conditional use permit, the certificate of compliance is issued only after the applicant is in substantial compliance with the special conditions imposed.
COMMERCIAL: A business activity concerned with the buying, selling, exchanging and/or transporting of goods and services.
CONCENTRATED ANIMAL FEEDING OPERATION: See definition of CAFO.
CONDITIONAL USE: A use permitted within a zoning district only under a conditional use permit issued pursuant to this title.
CONDITIONAL USE PERMIT: A permit granted to an applicant who seeks to place a land use in a district where the use is not allowed, said permit to be granted only pursuant to the provisions of this title and to contain specific conditions placed pursuant to provisions of this title.
CONFINED ANIMAL FEEDING OPERATION: See definition of CAFO.
CONSERVATION: Protection of natural resources and the environment and excludes development of land.
CONSERVATION EASEMENT: An easement which places limitation on the use of the servient estate for conservation purposes.
COTTAGE INDUSTRY: A business in a home which can be a full or part time occupation which is conducted entirely within a dwelling unit and which does not change the character of the dwelling unit or adversely impact the surrounding area. The dwelling must have adequate appurtenant facilities to support the business.
DEVELOPMENT AGREEMENT: A written commitment by an applicant for rezoning or owner of the subject parcel to specifically defined development, such agreement to be made a condition of rezoning.
DWELLING: Any building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, boarding and rooming houses, motels, tourist courts, resort cabins, clubs, hospitals, or similar uses.
DWELLING, MULTIPLE-FAMILY: A building occupied as a residence by two (2) or more families living independently of each other but not including motels or hotels, boarding or rooming houses, tourist courts, resort cabins, clubs, hospitals, or similar uses.
DWELLING, ONE-FAMILY: A detached building designed exclusively for and occupied as a residence by one family.
DWELLING UNIT: In a dwelling or multiple-family dwelling, one or more rooms designed for and occupied as a residence by one family; e.g., an apartment.
EASEMENT: An interest in land conveyed and granted by the landowner to another person, the grantor landowner becoming the owner of the servient estate and the grantee easement owner becoming the owner of the dominant estate. Such easement contains the right to control land use of the servient estate by requiring the servient estate owner to change the land use of the servient estate or any portion thereof or by prohibiting the servient estate owner from enlarging, expanding, changing, or altering the land use of the servient estate or any portion thereof.
ENVIRONMENTAL RISK: That risk to the environment deemed posed by a proposed CAFO site as determined and categorized by the CAFO site advisory team and set forth in the site advisory team's suitability determination report.
FINAL DECISION: A written document including findings, conclusions, and order that is signed by the decision making body, and recorded by the clerk of the board of county commissioners.
GRADE AND OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the center of all walls of a building. If walls are within twenty five feet (25') of a sidewalk or curb, ground level shall be measured at the street, curb, sewer or structure considered.
HAZARDOUS WASTE: A waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may:
A. Cause or significantly contribute to an increase in deaths or an increase in a serious, irreversible or incapacitating reversible illnesses; or
B. Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act, as amended, 33 USC, section 1251 et seq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 USC section 2011 et seq.
HAZARDOUS WASTE FACILITY OR SITE: Any property, structure, or ancillary equipment intended and used for the transportation, treatment, storage or disposal of hazardous wastes.
HAZARDOUS WASTE MANAGEMENT: The systematic control of the collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes.
HEALTH FACILITIES: Any of the following:
A. Hospital. A place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing for not less than twenty four (24) hours in any week of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals. The term hospital includes public health centers in general, tuberculosis, mental, chronic disease and other types of hospitals and related facilities, such as laboratories, outpatient departments, nurses' home and training facilities, and central service facilities operated in connection with hospitals;
B. A facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with said facilities;
C. A facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally handicapped, including facilities for training specialists and sheltered workshops for the mentally handicapped, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded;
D. A facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated or at a statewide facility.
HOTELS AND MOTELS: Any building or portion thereof designed to be commercially used, let or hired out for occupancy by persons on a temporary basis.
ILL, ELDERLY OR DISABLED PERSON: A person in need of special care or supervision; or a care provider for any such person if the person in need of such care is a resident on the site. Accessory living quarters for the ill, elderly or disabled may include cooking facilities. To qualify as an accessory living quarters, the structure must meet the "attached accessory living quarters" definition.
IN HOME BUSINESS: A business in a home which can be a full or part time occupation which is conducted entirely within a dwelling unit and which does not change the character of the dwelling unit, or adversely impact the surrounding area. The dwelling must have adequate appurtenant facilities to support the business.
INDUSTRIAL USE: A business establishment engaged in manufacturing or technically productive enterprises.
INTERMENT SITE: Shall consist of a lot, or portion thereof, containing a burial plot for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or any combination of one or more of the above. No interment site shall be allowed on parcels smaller than three (3) acres. No more than two (2) interments shall be allowed per parcel unless approval is granted for the development of a platted cemetery. No future development or easements shall be allowed upon or within five feet (5') of the remains. Interment sites are not deemed to be equivalent to rural cemeteries as defined in Idaho Code section 27-201 et seq.
JUNKYARD: A lot, structure or part thereof, used for the collecting, storage and/or sale of material for recycle or reuse such as, but not limited to, wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storing and salvaging of machinery or vehicles for the use or sale of parts thereof. A junkyard includes auto and machinery wrecking yards.
KENNEL: Any lot or premises on which four (4) or more animals at least four (4) months of age are harbored for commercial purposes such as boarding, breeding or training of such animals, and where such activity is not accessory to or incidental to an allowed use in the district.
LIGHT INDUSTRIAL: Any manufacturing, processing, assembling, testing, storing, or similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, or light are generally contained within a building or does not extend beyond the property lines to have an unreasonable negative impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock.
LOT: An area of land occupied, or to be occupied, by a building or group of buildings, and any accessory buildings identified with each, and having legal access to a public right-of-way.
LOT AREA: The area of a lot which does not include public rights- of-way for roads or streets. However, irrigation ditch rights-of- way and public utility easements may be included in the lot area.
LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.
LOT LINE, REAR: The line opposite the front line.
LOT LINE, SIDE: Any lot line other than the front lot line or rear lot lines.
LOT WIDTH: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
MAJOR SUBDIVISION: A subdivision which contains a number of lots greater than ten (10).
MANUFACTURED HOME: 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 feet (8') 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 definition 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 41 USC section 5401 et seq.
MANUFACTURED HOME COURTS OR PARKS: For the purpose of this definition, the term "manufactured home" refers also to "mobile home". A manufactured home court or park exists when there are two (2) or more manufactured homes placed on an acre and where such placement is not for purposes of providing agricultural labor housing.
MEMBERSHIP CLUB: An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as business.
MINOR SUBDIVISION: A subdivision which contains a number of lots that is ten (10) or less.
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.
MODULAR BUILDING: Any building or building component, other than a manufactured or mobile home, which is constructed according to codes and standards adopted by the Idaho division of building safety, which is of closed construction and is entirely or substantially prefabricated or assembled at a place other than the building site.
MUNICIPAL SOLID WASTE LANDFILL: A discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under 40 CFR 257.2. A municipal solid waste landfill also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. A municipal solid waste landfill may be a new municipal solid waste landfill, an existing municipal solid waste landfill or a lateral expansion. Such a landfill may be publicly or privately owned.
NATURAL RESOURCES ADVISORY COMMITTEE: The committee appointed by the board of county commissioners to serve as an advisory committee to the board regarding matters relevant to the management of federal and state lands located within the county, the relationship of that management to the continuation of the custom, culture and economic stability of the county, and to perform the duties set forth in title 2, chapter 3 of this code.
NONAGRICULTURAL ACTIVITIES: Residential, commercial, or industrial property development and use not primarily used for the growing, raising or production of agricultural, horticultural and viticulture crops and vegetable products of the soil, poultry and poultry products, livestock, field grains, seeds, hay, apiary and dairy products, and the processing for commercial purposes of livestock or agricultural commodities, including the processing of such commodities into food commodities.
NONCONFORMING BUILDING: A building, structure or portion thereof built prior to the effective date hereof, or any amendment hereto, and conflicting with the provisions of the ordinance applicable to the district in which it is located. No residence, supporting structure or agricultural building shall become nonconforming as the result of the passage hereof.
NONCONFORMING USE: The use of a structure or premises conflicting with provisions of this title.
OCCUPANCY: Taking possession of and use of property; period during which a person possesses, uses, does business in, and/or resides in a building, structure or premises.
OCCUPY: To take or enter upon possession of a building, structure or premises; to live in, do business in, use a building, structure or premises.
ODOR MANAGEMENT PLAN: A plan prepared by the applicant for a conditional use permit by which the applicant will manage, control and/or mitigate any odor resulting from the proposed use.
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 naturally occurring physical characteristics of the earth, water areas, swimming pools, tennis courts and other areas of recreational, historical or archeological value. Streets and structures for habitation shall not be considered as part of open space.
OPEN SPACE EASEMENT: An easement which places limitation on the use of the servient estate for open space purposes.
PARCEL: A contiguous quantity of land owned by, or recorded as the property of, the same person. Parcels purchased on different occasions with separate financing for the purpose of increasing the size of a parcel or tract, which parcels have not been combined into single legal description, are individual parcels.
PERSON: A single entity, including any association, firm, copartnership or corporation.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of land uses are provided for under single ownership or control, which may be subjected to conditions of minimum area, permitted uses, ownership, common open space, utilities, density, arrangement of land uses on the site, and permit processing.
PLANNING AND ZONING COMMISSION: The Owyhee County Planning and Zoning Commission appointed by the Board of County Commissioners to perform planning and zoning duties as assigned under this title.
PUBLIC WATER AND SEWER FACILITIES: Those facilities of a municipality or sanitation district approved by the Southwest District Health Department and by the State Department of Health for general public use.
RECREATION EASEMENT: An easement which places limitation on the use of the servient estate for recreational purposes.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The entities include, but are not limited to, travel trailer, camping trailer, truck camper, fifth wheel trailer and motor home.
RECREATIONAL VEHICLE PARK: An area for the temporary placing of recreational vehicles for the purpose of temporary lodging.
RESIDENTIAL SUBDIVISIONS: The cumulative division of an original parcel into more than four (4) parts for the purpose of residential use.
SETBACK: The distance from the nearest point of a building or other structure, measured to the front lot line.
STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences eight feet (8') or less in height, poles, lines, cables or other similar transmitting or distribution facilities of public utilities.
SUITABILITY DETERMINATION: That document created and submitted by the CAFO site advisory team after review and analysis of a proposed CAFO site that identifies the environmental risk categories related to a proposed CAFO site, describes the factors that contribute to the environmental risks and sets forth any possible mitigation of risk.
TELECOMMUNICATIONS FACILITIES: All wires, cables, equipment, apparatus or other installments necessary to furnish service, by which there is accomplished or may be accomplished, the sending or receiving of information, data, message writing signals, signals, pictures, and sounds of all kinds, by aid of such wires, cables, equipment apparatus or other installations, but shall not include the structure in which such telecommunications facilities are housed.
TRACT: A lot, piece or parcel of land of greater or less size, the term not importing, in itself, any precise dimension.
VARIANCE: A modification of the bulk and placement requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots, said modification to be allowed only upon a showing by the application of undue hardship because of characteristics of the site and that the modification is not in conflict with public interest.
WASTE: Any solid, semisolid, liquid or contained gaseous material for which no reasonable use or reuse is intended or which is intended to be discarded.
YARD: An open space other than a court or a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
YARD, BACK: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
YARD, FRONT: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
YARD, SIDE: A yard extending from the front yard to the yard between the side lot line and the nearest line or point of the building or accessory buildings attached thereto. (Ord. 09-09, 10-6-2009; amd. Ord. 2016-02, 9-6-2016; Ord. 2018-04, 11-13-2018, eff. 11-21-2018)
Notes
| 1 | 1. See title 10, chapter 2 of this Code. |
| 2 | 1. See title 10 of this Code. |