For the purposes of this title, the following terms, phrases, words and their derivations shall have the meanings given in this section. (Ord. 1204, 2002: prior code § 11-1-4(A))
ACCESSORY USE OR BUILDING: A subordinate use or building customarily incidental to and located on the same lot with the main use or building, and includes a family garden.
AGRICULTURE: Tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses and commercial feed lots.
AIRPORT: Any area of land or water, which is used or intended, for use by aircraft and including the necessary appurtenant structures of facilities located thereon.
ALLEY: Any public space or thoroughfare twenty feet (20') or less in width, but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property.
ALTERATION: As applied to a building or structure, this term is a change or rearrangement in the structural parts or in the exit or existing facilities; or is an enlargement, whether by extending on a side or by increasing in height; or is the moving from one location or position to another.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.
APARTMENT BUILDING: Multiple rooms or suite or rooms in a multiple-family structure which are arranged, designed or used as a single housekeeping unit which has complete kitchen and sanitary facilities permanently installed.
AUTOMOBILE SALES LOT: Premises on which new and used passenger automobiles, trailers, motorhomes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
AUTOMOBILE SERVICE STATION: Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oil, tires and incidental vehicular accessories and providing vehicular lubrication and related services, including motor vehicle repairs and/or manual or automatic car washes.
AUTOMOBILE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, whereon more than two (2) nonlicensed motor vehicles not in operating condition are standing more than thirty (30) days or on which such used motor vehicles or parts thereof, are dismantled or stored.
BED AND BREAKFAST: A professionally run facility providing up to sixteen (16) rooms for temporary overnight accommodations, and where the owner-innkeeper is a resident on the property. A bed and breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area.
BUFFER: A strip of land designed to separate different uses and protect one land use from another. The protection is from noises, emissions, views, or other activities not permitted in the protected zone. A buffer yard is normally landscaped and maintained as an open space. The term "may" be broadly used to describe an area that separates two (2) different and separate districts.
BUILDING: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the purposes of this definition, "roof" includes an awning or other similar covering, whether or not permanent in nature.
BUILDING AREA: The aggregate of the maximum horizontal cross section area of the main building on a lot, excluding cornices, eaves, gutters or chimneys, steps, one-story open porches, balconies and terraces.
BUILDING OFFICIAL: The officer or duly authorized representative or other designated authority charged with the administration and enforcement of the building code and any other codes dealing with building, adopted by the city of Payette.
CHILDCARE CENTER: A childcare facility providing childcare for over twelve (12) children.
CHILDCARE, FAMILY HOME: A childcare facility providing for six (6) or fewer children as an accessory use to residential uses.
CHILDCARE, GROUP: A childcare facility for seven (7) to twelve (12) children within the operator's residence or that is outside the operator's home.
CHURCH: A place where people congregate to worship on a regular basis which is not a residence or place of business.
CITY: The city of Payette.
CITY CLERK: "City clerk" is defined in chapter 2.12 of this code.
COMMISSION: The city planning and zoning commission. The planning commission is declared to also be the zoning commission of the city.
COMPREHENSIVE PLAN: A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private of the city of Payette and its environs, and defined in the local planning act of 1976, and adopted through ordinance by the city of Payette.
CONDITIONAL USE: A permit to use a certain piece of land in a manner for which no right exists; i.e., the use would not comply with district regulation, but with the acquisition of a permit development may proceed, provided that the conditions of the permit are followed.
CONDOMINIUM: A structure containing separate living units, owned by persons having separate interests in said structure with a common interest in the real property upon which it is situated.
CONVENIENCE STORE: A premises used for retail sale of motor vehicle fuel, vehicle accessories, fast food, grocery and dairy items.
COUNCIL: The city council of the city.
DEVELOPMENT: Any manmade change to improve or unimprove real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DUPLEX: A dwelling containing separate living units for two (2) families that share a common wall, but have separate utility services and/or facilities for both.
DWELLING: A building designed or used as the living quarters for one or more families.
DWELLING HOUSE: A detached house designed for and occupied exclusively as the residence of not more than one family.
DWELLING, MULTIPLE-FAMILY: "Multiple-family dwelling" is a dwelling on one lot containing separate living units for three (3) or more families, but which may have joint services or facilities for all.
DWELLING UNIT: One or more rooms providing facilities for food preparation, sleeping, living and bathroom amenities.
ESSENTIAL SERVICE: The installation and erection or maintenance by public utilities or municipal departments or commissions of gas, electrical, steam or water transmission or distribution systems, and of collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, safety or general welfare.
GARAGE, PRIVATE: "Private garage" is a building or part thereof accessory to a main building which provides for the storage of automobiles and in which no occupation or business for profit is carried on.
GARAGE, PUBLIC: "Public garage" is a building or part thereof, other than a private garage, for the storage of motor vehicles and in which service station activities may be carried on.
GARDEN, RESIDENTIAL: That area of ground used for the production of agricultural and horticultural products for the use of the residents occupying the premises, and which is not for sale or resale.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit and meeting the requirements of section 17.64.150 of this title.
HOUSEHOLD PETS: "Household pets" are limited to dogs and cats that are kept within the property boundary of the household plus fish, small animals like hamsters that are caged and kept within the residence and caged birds like a parrot or parakeet that are kept within the residence. Requests to harbor any other kind of pet shall be taken to the planning and zoning commission before being introduced into the city.
JUNK: Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
JUNKYARD: "Junkyard" is the use of more than fifty (50) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk. A junkyard must comply with section 17.64.200 of this title.
KENNEL, COMMERCIAL: Any lot or premises on which three (3) or more domesticated animals are housed, groomed, bred, boarded, trained in return for compensation, or sold, and which may offer incidental medical treatment. This use is only allowed within the area of city impact with a conditional use permit.
LANDSCAPING: Shall include:
A. Plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative "hard surface" materials such as, but not limited to, volcanic rock, gravel or textured paving or "soft surfaces" such as, but not limited to, redwood bark or wood chips may be utilized to fill up to forty percent (40%) of the required landscaped area.
B. Installation of street trees within the right of way may be required upon approval of species and location by the city.
C. Plant material will be selected to maintain sight or clear vision triangles at intersections.
D. A method of piped irrigation shall be provided to each landscaped area.
E. It shall be the responsibility of the owner or tenant for the ongoing maintenance of all landscaping, once installed, which is to be kept in good condition and free from weeds, refuse and debris.
F. A plan shall be submitted for approval to the city prior to development of the site.
LIVESTOCK CONFINEMENT OPERATION (LCO): Any lot, corral, or facility where more than ten (10) animal units of livestock are confined, or stabled and fed, or maintained for a total of one hundred eighty (180) days or more in any twelve (12) month period; and on which crops, vegetation, forage growth or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Livestock shall be considered domesticated animals, poultry, rabbits and furbearing animals. Animal units shall be determined by the county standard.
LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT: A parcel of land occupied or capable of being occupied by one building, and the accessory building or uses customarily incidental to it, including such open spaces as are required by this chapter.
LOT, CORNER: "Corner lot" is a lot abutting on two (2) or more intersecting streets, the angle of intersection being not more than one hundred thirty five degrees (135o). It is the land occupied or to be occupied by the corner building and its accessory buildings.
LOT, REVERSED CORNER: "Reversed corner lot" is a corner lot on which the building does not face the same street as the rest of the homes on that lot.
MANUFACTURED HOME: A structure, constructed according to the HUD/FHA manufactured/mobile home construction and safety standards, built after July 1, 1976, 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, electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this section 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 5401 et seq. A manufactured home must meet the siting conditions as specified in section 17.64.080 of this title.
MANUFACTURED/MOBILE HOME PARK: Any area, tract, plot, or site of land, whereupon two (2) or more manufactured/mobile homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or payable to the person holding the land.
MOBILE HOME: A detached single-family dwelling, designed to be transported after fabrication on its own wheels, flatbed or detached wheels, arriving at the site where it is to be occupied as a dwelling complete, after location on permanent foundation support on its chassis frame, and hooked to all utilities as any built on site house would be, as set out in chapter 5.28 of this code. A mobile home must meet the siting standards as specified in section 17.64.080 of this title.
MOTEL: A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists.
MULTIPLE-FAMILY DWELLING: See definition of Dwelling, Multiple-Family.
NONCONFORMING USE: A building, structure or use of land existing at the time of the enactment of this title and which does not conform to the regulations of the district in which it is located. See chapter 17.56 of this title.
NUDE, NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
NURSING HOME, CONVALESCENT HOME: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.
PARKING SPACE: An area of not less than one hundred eighty (180) square feet nine feet by twelve feet (9' x 12'), net, exclusive of access or maneuvering area, ramps or columns, to be used exclusively as a temporary storage space for one private motor vehicle. Truck loading and unloading space shall not be included in such area.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses develop under single ownership or control. Accommodated in a preplanned environment with more flexible uses than those restrictions that would normally apply under these regulations and which are detailed in chapter 17.44 of this title.
PLANNING COMMISSION: The "planning/zoning commission" for the city is a quasi-judicial board appointed by the mayor and confirmed by the council. Responsibilities of the planning commission are detailed in chapter 2.52 of this code.
RETAIL SHOP: A building or portion of a building in a residential district constructed in the style of a residence and used for the sale of merchandise or services to the ultimate consumer, and so used only upon special permit of the planning and zoning commission.
ROOMING HOUSE: Any dwelling for hire in which more than three (3) persons, either individually, or as families are housed or lodged, with or without meals. A boarding house, lodging house or furnished rooming house shall be deemed a rooming house.
SETBACK: The line between the property line and the line upon which a structure may be erected, as designated in each zoning district. No structures may occupy the space between the property line and the setback line. Permitted residential uses shall meet the residential zoning standards if located in any other zone other than A residential and B residential zoning.
SIGN: Any structure or natural object such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or 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 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, education, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
STREET: A. Any street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for access, or other way which is an existing state, county, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law, or approved by official action and includes the land between street lines, whether improved or unimproved, and may comprise of pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the right of way.
B. "Street" also means a thoroughfare which has been dedicated or granted to the public and accepted by proper public authority, or a thoroughfare not less than fifty six feet (56') wide which has been made public by right of use and which affords the principal access to the abutting property, and/or provides vehicular circulation.
Dead-End Street: A street connecting to another street at one end only.
Street, Arterial: "Arterial street" means a street with a high level of traffic mobility and a low level of access to land. Arterial streets are found most commonly on the section lines and require an eighty foot (80') right of way with a forty seven foot (47') improved surface.
Street, Collector: "Collector street" means a street with a medium level of traffic mobility and medium level of access to land. Collector streets require a seventy foot (70') to ninety foot (90') right of way with a forty one foot (41') improved surface.
Street, Frontage: "Frontage street" means a minor street designated as an industrial street by the council. It is the primary purpose of an industrial street to provide for traffic movement in an industrial area.
Street, Local: "Local street" means a street that is intended to provide access to lots and serve the needs of a neighborhood. Local streets require a fifty six foot (56') right of way and a thirty seven foot (37') improved surface.
Street, Loop: "Loop street" means a minor street that forms a loop and returns to the same street from which it originated. A street forming a connection between two (2) other streets is not considered a loop.
Street, Partial: "Partial street" means a dedicated right of way that provides only a portion of the required street width.
STRUCTURE: Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.
TOWNHOUSE: A structure containing separate living units requiring no setback side lines between contiguous units, having separate utility connections, and is owned by a person or persons having divided interests in said structure including the real property upon which it is situated.
TWO-FAMILY DUPLEX: See definition of Duplex.
USE: The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
VARIANCE: "Variance" provides a device which grants a property owner relief from certain provisions of this title when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in an undue hardship upon the owner as distinguished from mere inconvenience.
WRECKING YARD: An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard.
YARD: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this title.
YARD, FRONT: "Front yard" is an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the street line and the front line of the building projected on the side lines of the lot.
YARD, REAR: "Rear yard" is an open, unoccupied space on the same lot with the main building, between the rear line of the building and the rear line of the lot, which extends the full width of the lot.
YARD, SIDE: "Side yard" is an open, unoccupied space on the same lot with the main building, situated between the building and the side line of the lot, which extends from the front yard to the rear yard.
ZONING COMMISSION: The planning commission.
ZONING MAP: The map incorporated into this title designating the use district zones.
ZONING ORDINANCE: The city of Payette zoning ordinance. (Ord. 1330, 2010: Ord. 1204, 2002: Ord. 971, 1987: Ord. 902, 1979: prior code § 11-1-4(A))