As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY USE OR STRUCTURE: A use or structure on the same tract, parcel or lot, with and of a nature customarily incidental and subordinate to, the principal use or structure.
ADMINISTRATOR: A person who is appointed by the board of county commissioners to administer this title.
AGRICULTURAL LANDS: Those lands which possess physical and chemical characteristics making them suitable for producing food, feed fiber and oilseed crops. Uses can include cropland, pastureland, rangeland, but not urban built up land or submerged land.
AGRICULTURAL USE: Includes the preparation and storage of the products raised on agricultural land for human or animal use and their disposal by marketing or other means.
AGRICULTURE: Utilization of land and buildings for the purpose of raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the production of, livestock, poultry, furbearing animals or honeybees, or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof, including all uses customarily accessory and incidental thereto.
AIRPORT: Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
AREA, BUILDABLE: The space within the setback lines remaining on a lot, parcel or tract after the minimum open space requirements of this title have been complied with.
AREA, MINIMUM LOT: The minimum area which is allowed within the property lines of the lot, excluding adjoining public or private streets or rights of way.
AREA, PRIVATE PARKING: An open graded area, other than a street or public way, designed, arranged and made available for the storage or parking of private passenger vehicles of occupants of the building or buildings for which the parking area is developed.
AREA, PUBLIC PARKING: An open area, other than a street or alley, used for the temporary parking of automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
AUTOMOBILE, MOTOR VEHICLE OR EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment repair or parts thereof, including collision service painting and steam cleaning of vehicles.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES: The sale or rental of new and used motor homes, motor vehicles, travel trailers or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOTIVE WRECKING YARD: Any use of a premises, excluding fully enclosed buildings, whereon more than two (2) motor vehicles not in operating condition are standing sixty (60) days or more and on which such used motor vehicles or parts thereof, are dismantled or stored.
BOARD: The board of county commissioners of Payette County.
BOARDING HOUSE, ROOMING HOUSE, DORMITORY: A dwelling or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more persons not in the same family, where no cooking or dining facilities are provided in the individual rooms.
BOND, PERFORMANCE OR SURETY: A financial guarantee by a third party on behalf of a developer with the county 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 or guaranteeing accomplishment of agreed upon or permitted course of conduct or use.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use, and not including those buildings defined herein as "farm" and "garden buildings".
BUILDING, ASSEMBLY: A building or portion thereof designated and used for the gathering together of fifty (50) or more persons for such purposes as deliberation, workshop, entertainment, amusement or awaiting transportation.
BUILDING, CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organized association of persons for social, literary, political, educational or recreational purposes primarily for the exclusive use of members and their guests; but not including an organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
BUILDING, EXISTING: A building erected prior to the effective date hereof or one for which a legal building permit has been issued, prior to the effective date hereof.
BUILDING, FARM-RANCH: Those buildings and structures used to shelter or enclose livestock, poultry, feed, farm crops, field equipment, dairy operations or similar uses.
BUILDING, GARDEN: A subordinate building detached from, but located on the same lot as a principal building, which is used for the storage of implements or equipment incidental and necessary to engage in domestic gardening or lawn care.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and the top of building walls for gable, hip and gambrel roofs.
BUILDING LINE: A line which is parallel with a street right of way line, shore of a lake, edge of a stream, or riverbank, established on a parcel of land or on a lot for the purpose of prohibiting construction of a building.
BUILDING PERMIT: Administrative authority which allows a person the right to construct a structure on a parcel of land which has a right to be built upon.
BUILDING, PRINCIPAL: A building other than an accessory building and for which the use thereof is authorized by this title for the zone in which it is located.
CAFO SITING PERMIT: Permit required before a CAFO can be created, continued, developed, operated or transferred.
CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, 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.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMMERCIAL MEATPACKING FACILITIES: Includes: a) meat canning, b) curing, c) smoking, d) salting, e) packing, and f) freezing or other similar establishments in which meat products are so processed for sale and where the inspection of meat, meat byproducts and meat food products are maintained.
COMMERCIAL SLAUGHTERHOUSE AND MEATPACKING FACILITIES: Includes the: a) slaughtering, b) meat canning, c) curing, d) smoking, e) salting, f) packing, g) rendering, h) freezing, or other similar establishments in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.
COMMISSION: The planning and zoning commission appointed by the board of county commissioners.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted pursuant to Idaho Code, title 67, chapter 65, by the board of county commissioners including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.
CONDITIONAL USE: A nonprincipal use permitted within a district, requiring a permit and approval of the planning and zoning commission.
CONFINED ANIMAL FEEDING OPERATION (CAFO): A contiguous area, lot, facility or parcel of land or the use of a contiguous area, lot, facility or parcel of land, upon which there are confined or stabled, livestock, swine, poultry or other animals defined as follows:
A. Any combination of animals, which totals two hundred (200) or more and which are confined at a density of more than five (5) animals per acre, for more than two hundred forty (240) days during a three hundred sixty five (365) day period;
B. Any combination of animals, which totals seven hundred (700) or more and which are confined at a density of more than five (5) animals per acre, for more than ninety (90) days during a three hundred sixty five (365) day period;
C. Any combination of animals, which totals one thousand (1,000) or more and which are confined at a density of more than five (5) animals per acre.
COUNCIL: The city council of Payette, Fruitland, or New Plymouth.
COVENANTS: A written promise or pledge, which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of all affected landowners.
DAYCARE FACILITY: A place, home or facility providing care for more than five (5) children for a fee.
DENSITY: The number of dwelling units per original tract.
DEVELOPER: Any person who executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the Payette County subdivision ordinance 1 . The developer need not be the owner of the property.
DEVELOPMENT AGREEMENT: A binding document that will assure compliance with the zoning and subdivision ordinances and with any required findings, conclusions and order allowing a rezone and with the oral representations and agreements of the rezone applicant.
DIVIDE OR DIVISION: Any partition of a parcel of real property whether by deed, mortgage, deed of trust, sales agreement, will, trust, court order or decree, or otherwise.
DWELLING: House, home or family abode.
DWELLING, MULTIPLE-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public and private housing.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING, SUBTERRANEAN: A dwelling, house or home all or partly underground, but having at least one-half (1/2) of its height below the average level of the adjoining ground.
DWELLING, TWO-FAMILY (DUPLEX): A dwelling consisting of two (2) dwelling units which may be either attached side by side or one above the other.
DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
DWELLING UNIT, ACCESSORY: A second single-family dwelling on a shared lot, also known as an Accessory Dwelling Unit (ADU).
EASEMENT: A right, privilege, service or convenience, possessed by one person, either through agreement or through condemnation, to use for a specified purpose a designated portion of a property owner's land.
FAMILY: Two (2) or more persons related by consanguinity or affinity to the first degree.
FARM LABOR HOUSE: Housing occupied by a farm or ranch employee who earns a minimum of seventy five percent (75%) of his gross income from the farm upon which he resides.
FEEDLOT: A commercial feedlot is a tightly grouped livestock restraining facility or corrals designed to hold livestock, or a rotating flow of livestock, for extended periods of time and where livestock are wholly dependent upon an outside source of feed. (See also definition of Confined Animal Feeding Operation (CAFO).)
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway and floodway fringe, as established by the engineering practices as specified by the army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water;
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water;
Flood Of 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year;
Floodway: The channel of a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse; and
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by a flood of 100-year frequency.
GARAGE, SERVICE STATION: Buildings and premises where diesel, gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. Minor services may be performed.
HEALTH AUTHORITY: Southwest health district or Idaho department of health and welfare, or its successor.
HOME OCCUPATION: 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.
HOTEL OR MOTEL AND APARTMENT HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation. The term includes a "boarding house, rooming house or dormitory" which is herein separately defined.
INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
IRRIGATION POND: A body of standing water, either naturally occurring or manmade, designed to hold a sufficient quantity of water to allow a person to pump therefrom for the purposes of irrigating adjoining farmland. The dimensions of a manmade irrigation pond shall not exceed ten feet (10') in depth and one- third (1/3) acre in area. A manmade irrigation pond shall be completed in thirty (30) days or less and the materials removed therefrom shall not be used for sale or other commercial purposes. Any manmade pond or excavation which exceeds the limitations set out above shall be treated as a gravel pit.
JUNKYARD: Any land, property, structure, or combination thereof used for the collecting, storage, dismantling or sale of discarded material.
KENNEL: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, sold or which offers provisions for minor medical treatment 2 .
LOADING SPACE, OFF STREET: Space designated for pick ups and deliveries.
LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
LOT, MINIMUM AREA OF: Lot area excluding any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Types of lots are as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with only one frontage on a street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot;
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
MANUFACTURING, EXTRACTIVE: Any on site mining, quarrying, excavating, processing, storing, separating, cleaning, crushing or marketing of any mineral natural resource.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites. Normally, they generate some nuisances such as smoke, noise, vibration, dust, and air and water pollution, which pollution may extend beyond the district boundary.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations, relatively clean, quiet and free from objectionable noise or pollution.
MEMBERSHIP CLUB: An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to tender a service carried on as a business.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or a flatbed or other trailers or detached wheels;
C. Arriving at the site where it is to be occupied as a dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, such as location on foundation supports, connection to utilities and the like;
D. Mounted on a chassis running the length of the unit with the outer walls cantilevered from the chassis or supported by the chassis rather than by a foundation running along the perimeter of the unit.
MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes are parked on a permanent or semipermanent basis, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment hereof, and which does not conform to the regulations of the district in which it is situated.
NURSERY, PLANT AND MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, container growing or transplanting of live trees, shrubs or plants for shipping or sale on the premises including products used for gardening or landscaping.
NURSING HOME: A home or facility for care and treatment of more than five (5) handicapped or elderly persons.
OPEN SPACE: Undeveloped land used primarily for grazing, farming, or other agricultural related pursuits or land that is a critical wildlife habitat or needs to be protected to enhance and maintain the rural character of the county 3 .
ORIGINAL PARCEL: A parcel or tract as recorded on any plat or on file in the office of the county recorder, excluding an assessor's tract or a subdivision surveyed to aid a taxing district, or any unplatted contiguous parcel of land held in one ownership or recorded as the property of one person, as of March 21, 1979. This shall not apply to bona fide purchases of contiguous 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 a single legal description. An original parcel transferred to one or more heirs pursuant to a decree of distribution shall retain its status as an original tract and shall not gain any additional building rights.
ORIGINAL TRACT: See definition of Original Parcel.
PACKING PLANT FOR FARM CROPS, COMMERCIAL: Packing plants for farm crops will be considered commercial for the term of this title when more than fifty percent (50%) of the farm crops graded or packed are not produced by the owner.
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 a single legal description, are individual parcels.
PARTITION: The voluntary or compulsory division of real property between co-owners, resulting in individual ownership of the interest of each.
PERMIT: A document issued by the planning and zoning administrator authorizing the use of land and structures, and the characteristics of the uses.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations.
PROFESSIONAL SERVICES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of building, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC USE: Public parks, schools, administrative and cultural buildings and structures.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE (RV) PARK: Any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.
ROAD RIGHT OF WAY: A strip of land taken or dedicated for public use as a public way. In addition to the roadway it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of products.
SCREENING: A greenbelt around any given zone to aid in restricting and suppressing the transfer of dust, noise or other offensive or harmful materials from one zone to another.
SETBACK LINE: A line established by this zoning title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this title.
SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
STATE: State of Idaho.
STREET: Any right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms. A privately owned street may be included.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, mobile homes, walls, fences and billboards.
SUBDIVISION: Any land which is divided or proposed to be divided into five (5) or more lots, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single developer, or a group of developers acting in concert, and such land is contiguous or is known, designated or advertised as a common unit or by a common name. Such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale, lease, transfer or development as part of a common plan. However, this shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements and does not change the original number of lots in any block of the recorded plat;
B. The unwilling sale of land as a result of "legal condemnation" as defined and allowed in the Idaho state code;
C. Widening of existing streets to conform to the comprehensive plan;
D. The acquisition of a street right of way by a public agency in conformance with the comprehensive plan;
E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage;
F. A sale or exchange of lands used exclusively and solely for agricultural purposes.
SUBSTANTIAL DEVELOPMENT: Physical improvement of the actual property which increases the market value thereof in excess of fifteen percent (15%) of the current fair market value of the parcel determined as of the effective date hereof or on new applications, determined at the date that the application is filed.
SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
TECHNICAL REVIEW COMMITTEE: Established committee that reviews preliminary plats or the conceptual plans from the viewpoint of their technical disciplines represented on the committee.
TRACT: A piece of land of any size. See definition of Parcel.
TRACT, ASSESSOR'S: A tract drawn, platted, surveyed, recorded or created for the use of a taxing authority. Same as assessor's plat or parcel.
TRANSPORTATION PLAN: That document adopted as part of comprehensive plan which deals with transportation goals of Payette County (see definition of Comprehensive Plan).
USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is occupied or maintained.
USE PERMIT: A document issued by the planning and zoning administrator, with the approval or authority of the board of county commissioners or planning and zoning commission, authorizing the use of land and structures, and the characteristics of the uses.
USED CAR LOT: A retail sales area for the sale of motor vehicles.
VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setback, parking space, height of buildings or other title provision affecting the size or shape of a structure or the size of a lot.
VICINITY MAP: A drawing which sets forth by dimensions or other means, the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward.
Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Yard, Interior Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of principal building.
Yard, Street Side: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. (Ord. 2012-05, 5-21-2012; amd. Ord. 2016-2, 8-29-2016; Ord. 2021-05, 9-13-2021)
Notes
| 1 | 1. See title 9 of this code. |
| 2 | 1. See section 8-10-8, "Unique Land Uses", of this title. |
| 3 | 1. See also section 8-5-10 of this title. |