Words not defined herein shall be given the meaning ordinarily applied to such words. The word "structure" shall include the word "building" and any construction or obstruction that is more than three feet (3') in height, and the word "lot" shall include the word "plot".
ACCESSORY BUILDING OR USE: | A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or to the main use. |
ACCESS WAY: | An unobstructed way of specified width containing a drive or roadway which provides vehicular access. |
ACREAGE: | Any tract or parcel of land which has not been subdivided, or platted. |
ALLEY: | A street or way shown on the official plat of the Municipality or its additions and designated thereon as an alley. |
APARTMENT: | A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family. |
AUTO WRECKING OR JUNKYARD: | Any place where two (2) or more motor vehicles not in running condition, or parts thereof, and land, building or structure used for wrecking or storing vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles, or merchandise. |
AUTOMOBILE: | A passenger vehicle. |
AUTOMOBILE REPAIR: | General repair, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame or fender straightening and repair of motor vehicles. |
AUTOMOBILE SERVICE STATION: | An establishment where automotive fuels and lubricants, accessories and services are sold at retail; however, where the sale of such is only incidental, the establishment or premises shall be classified as a public garage. |
AWNING: | A projecting cover extending over a door, window or wall section with supports attached to the building and used as cover, protection, or as decoration. In mobile homes, this consists of a roof with supports and not more than one wall or storage cabinet substituting for a wall. |
BASEMENT: | A story partly or wholly underground where not more than thirty percent (30%) of its height is above the average level of the adjoining ground; as measured from the floor level of the basement. A basement shall not be counted as a story for purpose of height measurement. |
BILLBOARD: | Any structure or portion thereof upon which are placed posters, removable advertising material or paper material pasted in place, designed to be changed periodically, and making pictures or lettering designed to offer services or merchandise for sale. This definition does not include any bulletin boards used to display official court or public office notices or church announcements, theater marquees or signs attached to theater advertising films showing, real estate office signs, with changeable metal or plastic letters, offering property for sale or sign advertising the sale or lease of the premises on which the sign is located. |
BOARDING HOUSE: | A building other than a hotel or restaurant, where meals are provided for compensation for four (4) or more persons but not exceeding twelve (12) persons. A boarding house is not allowed in single family residential zoning. |
BUILDABLE AREA: | The buildable area of a lot is the space remaining after adherence to the minimum open space requirements of this title. |
BUILDING: | Any structure having a roof supported by columns or walls, and designed or intended for the shelter support, enclosure, or protection of persons, animals, or chattels. |
BUILDING AREA: | The area under a roof. |
BUILDING DETACHED: | A building surrounded by open space on the same lot with permanent foundation. |
BUILDING LINE: | For the purpose of this title, the building line is the same as a front yard setback line. |
BUILDING NONCONFORMING: | Any building not conforming to the requirements of City Codes. |
CARPORT: | A structure which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor-driven vehicles. |
CLINIC: | A structure containing more than one doctor's office or dentist's office where consultation is conducted and sick or injured persons are given primary treatment. |
COMMISSION: | The Planning and Zoning Commission of the City of Rigby, Idaho. |
COMPREHENSIVE PLAN: | The Comprehensive Plan for the City of Rigby, or parts thereof, projecting future growth and development and for the general location and coordination of streets and highways, schools and recreation areas, public building sites and other facilities, which shall have been duly adopted. This plan shall comply with the Idaho Code as adopted or amended. |
CONDITIONAL USE PERMIT: | A special use permit as provided for by Idaho Code section 67-6512 in which a use that, owing to some special characteristics such as traffic or noise generation, parking needs, access, building size, lighting, consistency with developed uses in the area, or other characteristics of operation, is permitted in certain districts subject to approval by the Commission or the Council, subject to terms and conditions, depending upon the particular use. |
COUNCIL: | The Council of the City of Rigby, Idaho. |
COURT: | An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building. |
DOWNTOWN BUSINESS DISTRICT: | A section of the downtown that allows mixed use and requires new buildings or facades to blend into the existing architecture (see section 9-1-4). |
DWELLING: | A building or portion thereof, but not a house trailer, designed exclusively for residential occupancy, including hotels, boarding and lodging houses, which meets the minimum requirements of the International Building Code. |
DWELLING, MULTIPLE: | A building or portion thereof designed for occupancy by three (3) or more families living independently of each other. |
DWELLING, ONE-FAMILY: | A detached building designed exclusively for occupancy by one family. |
DWELLING, ROW: | A row of three (3) or more attached one-family dwellings. |
DWELLING, TWO-FAMILY: | A building designed exclusively for occupancy by two (2) families living independently of each other. |
DWELLING UNIT: | One or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes. |
FAMILY: | A group of one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the following situations exist: 1. At least one of the group is related to all of the other members of the group within the third degree of kinship; 2. The group is divisible into two (2) subgroups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or 3. All such persons are handicapped persons as defined by the Idaho Code section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988, or any subsequent amendments to the foregoing regulations. |
FLOOD PLAIN: | Those areas designated as Zone A or AE as shown on the current Flood Insurance Rate Map (FIRM) as prepared by National Flood Insurance Program. |
Area Of Shallow Flooding: | The base flood depths range from one to three feet (1' - 3'); where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO characterized as sheet flow and AG indicates pounding on the FIRM map. |
Area of Special Flood Hazard, Base Flood or 100-Year Flood: | The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letter A. |
Base Flood Elevation (BFE): | The computed elevation to which flood water is anticipated to rise during the "Base Flood." The base flood elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot. |
Channel: | A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. |
Flood: | The temporary inundation of land by overflow from a river, stream, lake, or other body of standing water. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff or surface waters from any source. |
Flood Insurance Rate Map (FIRM): | The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. |
Flood Insurance Study: | The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. |
Flood Protection Elevation (FPE): | As defined in Idaho Code § 46-1021(7), an elevation that shall correspond to the elevation of the one percent (1%) chance annual flood BFE, plus any increased flood elevation due to floodway encroachment, plus any required freeboard. The flood protection elevation for Rigby, Idaho is equal to BFE plus one foot (1') foot of freeboard; the freeboard accounts for any flood elevation increases due to floodway encroachment as shown in the community's Flood Insurance Study. |
Floodway: | The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1') at any point. |
Floodway Fringe: | The part of the flood plain which is beyond the flood way encroachment lines limiting a designated flood way. Such areas will include those portions of the flood plain which will be inundated but which may be developed for use under land use regulations without material effect upon the flood water carrying capacity of the flood way and the flood water levels. Such areas are characterized by shallow flood depths and low velocities of water flow. |
FRONTAGE: | All property on one side of a street between two (2) intersecting streets, or natural barriers. |
GARAGE, PRIVATE: | An accessory building for the storage of not more than three (3) motor vehicles of which not more than one shall be a commercial vehicle of not more than two (2) ton rating. |
GARAGE, PUBLIC: | A building other than a private garage used for the care, repair, or equipment of automobiles, or for vehicles parked or stored for remuneration, hire or sale. |
GUESTHOUSE: | A structure for human habitation, containing one or more rooms with a bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit. A guesthouse must be accessory to a dwelling and is not used as a rental. See "Tourist Home." |
HOME OCCUPATION: | Any use customarily conducted entirely within the dwelling, occupying not more than fifty percent (50%) thereof, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and which does not change the character thereof; and provided that: 1. Clinics, doctor's offices, hospitals, dress shops, millinery shops, real estate offices, tearooms, tourist homes, sales, servicing or repair of motor vehicles or internal combustion motors, animal hospitals and kennels, among others, shall not be deemed to be home occupations and are not allowed in residential zones. 2. Tax consulting, software engineering, business consulting, drafting, sewing and other low neighborhood disturbing uses are deemed compatible for home occupations. 3. Semi-truck/trailer deliveries are not allowed for home occupations. 4. No article is allowed to be sold or offered for sale except such as may be produced on the premises by members of the immediate family or occupants of the dwelling. 5. Product may not be displayed in yard or in building windows. 6. Noise produced by the occupation shall be similar to the sounds of a regular neighborhood. Noise from machinery and power tools is not allowed. 7. Home occupation must be served by the usual entrances to the home. |
HOSPITAL OR SANITARIUM: | An institution open to the public in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients. |
HOTEL: | A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provisions are made for cooking in any individual room or suite. |
INSTITUTION: | A building occupied by a nonprofit corporation or a nonprofit establishment for public or semi-public use. |
KENNEL : | A lot or premises on which four (4) or more dogs are kept, regardless of age, excepting puppies up to six (6) weeks old. |
LABORATORY: | A place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not to be permitted within this definition. |
LOADING SPACE: | An off-street space or area 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 piece or parcel of land separated from other pieces or parcels as shown on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate use. |
1. Corner Lot: | A lot with frontage on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°). Corner lots have two (2) front yards and two (2) side yards but no rear yard. |
2. Double Frontage Lot: | A lot abutting two (2) parallel or approximately parallel streets. Double frontage lots have two (2) front yards and two (2) side yards. |
3. Flag Lot: | Lots or parcels that the City has approved with less frontage on a public street than is normally required, with no less than twenty feet (20') of accessible frontage, generally intended to make deeper property accessible. |
4. Interior Lot: | A lot having but one (1) frontage abutting on a street. |
5. Substandard Lot: | A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally created lot on the effective date of this title. |
6. Through Lot: | A lot that has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. |
LOT LINE: | The boundary line of a lot. |
1. Front Lot Line: | The property line separating the front of the lot from the public right-of-way. |
2. Rear Lot Line: | The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. |
3. Side Lot Line: | Any lot line not a front or rear lot line. |
4. Lot of Record: | A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder Of Jefferson County, Idaho, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located. |
5. Lot Width: | The horizontal distance between side lot lines measured at the required front setback line. The width of a lot shall be: a. If the side property lines are parallel, the shortest distance between these side lines. b. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. c. For rural acreage developments, the distance between the side lot lines, measured at the street frontage. |
LOT, REVERSED CORNER: | A corner lot the rear of which abuts upon the side of another lot, and which faces a street running at right angles to the alley. |
MANUFACTURED HOME: | Is defined under title 9 of this Code. |
MAY/SHALL: | The word "may" is permissive. "Shall" is mandatory. |
MOBILE HOME: | A manufactured, relocatable dwelling unit which may not meet the minimum requirements of the International Residential Code. A structure transportable in one (1) or more sections which is eight feet (8') or more in width and is thirty-two feet (32') or more in length and which is built on a permanent chassis and designed to be used as a year-round residential dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems. |
Rehabilitated Mobile Home: | A factory-assembled structure constructed prior to June 15, 1976, or brought into the state after July 1, 1998, which have been upgraded to comply with Idaho Code title 44, chapter 25 and received a "Certificate of Compliance" from the Division of Building Safety of the State of Idaho. |
MOBILE HOME COURT: | A tract of land retained under one ownership for the purpose of lease or rental of spaces for the placement of mobile homes as defined in this title. |
MOBILE HOME SUBDIVISION: | A tract of land subdivided according to the rules and regulations of the Subdivision Ordinance of the City of Rigby, to provide for the sale of individual lots for the express purpose of placement of mobile homes. |
NONCONFORMING LOT: | An existing lot, the area, width, size, or other characteristic of which, fails to meet the requirements of the zone in which it is located and which was conforming prior to the effective date of this title. |
NONCONFORMING USE: | A use not conforming to the provisions of this title but which was lawfully existing at the time of adoption of this title. |
NURSING HOME OR REST HOME: | A private hospital for the aged or infirm, the care of children, or a place of rest for those suffering physical or mental disorders, but not including facilities for the treatment of sickness or injuries or for surgical care. |
PARKING AREA, PRIVATE: | An open area for the parking of privately owned automobiles and not for public use. |
PARKING AREA, PUBLIC: | An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers. |
PARKING SPACE: | An area, enclosed or unenclosed, which has adequate access to public street or alley, sufficient in size, as defined by this title, to store one automobile. |
PORCH: | A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open in part to the weather. |
RAMADA: | A stationary structure having a roof extending over a manufactured/mobile home, which may also extend over a patio or parking space for a motor vehicle, and is used principally for protection from the elements. |
RESIDENCE: | See definition of "Dwelling" and "Dwelling Unit." |
SHALL/MAY: | The word "shall" is mandatory. "May" is permissive. |
SIGNS, OUTDOOR ADVERTISING: | A sign of any type or material, installed any place for outdoor advertising purposes. |
STORY: | That portion of a building included between the surface of the floor next above it or if there be no floor above it, then the space between such floor and the ceiling next above. |
STRUCTURAL ALTERATIONS: | Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. Structural alteration shall not include interior or exterior decorating or redecorating. |
STRUCTURE: | Anything constructed or erected, either on the ground or on something having location on the ground, fences, hedges, four feet (4') above the established grade shall be regarded as structures. |
TERRACE, OPEN: | An open platform, as projecting from the outside wall of a building. |
TOURIST COURT: | A group of attached or detached buildings, including auto courts, motels or motor lodges, containing individual sleeping or living units, designed for or used by tourists or transients, with garage attached or parking space conveniently located to each unit. |
TOURIST HOME: | A dwelling in which overnight accommodations are provided or offered for transient guests as follows: |
B&B 1: | A building that is the primary residence of the owner (or an agent that resides in the home instead of owner) in which rooms are provided on a daily or weekly for compensation, by the owner or agent, to persons not related by blood, marriage, or adoption to the owner. The owner or agent must be present or on-site while property is being used as a rental. An agent must be living on the premise for at least thirty (30) days prior to rental contracts and visits. |
B&B 2: | A structure containing guest room(s) where lodging, with or without meals, is provided on a daily rate basis, and a manager maintains a residential presence on site or on an adjacent lot. |
B&B 3: | A structure containing guest room(s) where lodging, with or without meals, is provided on a daily rate basis, and a manager does not maintain a residential presence on site but must reside in Jefferson County. |
TRAILER: | A vehicle without motive power, designed to be moved by another motor vehicle. |
TRAILER CAMP, AUTOMOBILE: | Any premises occupied or designed to accommodate more than one automobile house trailer. |
TRAVEL TRAILER: | Shall mean and include all living accommodation units which are capable of unrestricted highway use, and not placed upon any foundation. The term shall include, but not be limited to, travel trailer, motor home units, campers mounted on automotive vehicles and trailers with camping tent tops. |
TRAVEL TRAILER COURT: | A tract of land retained in one ownership, for the purpose of rental of spaces for temporary placement of travel trailers, as defined in this title. |
UNIT: | For the purpose of this code, unit shall mean dwelling unit where used to describe any structure. |
USE: | The purpose for which land or a building is intended, designed, arranged or maintained. |
YARD: | An open space unoccupied and unobstructed from the ground upward, on the same lot with a main building. |
YARD, FRONT: | A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building. |
YARD, SIDE: | That part of the yard lying between the main building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard. |
ZONE: | A section or sections of the incorporated area of the City for which the regulations and provisions governing the use of buildings and land use uniform for each class of use permitted therein. (Ord. 402, 5-5-1987; amd. Ord. 2019-599-A, 3-21-2019; Ord. 2021-619, 9-14-2021) |