As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY STRUCTURE: A structure or building detached from but located on the same lot or parcel as the principal use, the use of which is incidental and subordinate to that of the principal structure or use. This includes any permanent construction, including, but not limited to, lean to, gazebo and patio cover.
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who is appointed by the board to administer this title.
AGRICULTURE: The tilling of the soil, raising of viticulture, small livestock farming, poultry, dairying and/or animal husbandry including all uses customarily incidental thereto.
AIRPORT: Any runway, land area or other facility designed or used whether publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxi area, aircraft storage and tie down areas, hangers and other necessary buildings.
AMENDMENT: See chapter 17 of this title.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES AND SERVICE: The sale, rental or leasing of new and/or used mobile homes, travel trailers, farm implements, or parts thereof, which may include service, repair, rebuilding, reconditioning, restoration, body work, and painting of such units.
BASEMENT: A dwelling unit all or partly underground, but having at least one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST: A residential use consisting of one occupied dwelling that has rooms that may be rented to an individual on a daily or weekly basis with some services provided by an on premises owner/manager. Off street parking may be required on the basis of one space per bedroom. A bed and breakfast may be operated in all residential zones with a conditional use permit. The procedures and requirements applicable for conditional use permits, chapter 9 of this title, shall be followed in any application of operating a bed and breakfast. The commission may, among other conditions, limit the number of occupants per home and/or bedrooms. The granting of an application shall not constitute a precedent to the granting of other applications in the same or similar areas.
BOARD: The board of county commissioners of Shoshone County.
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, use of which is incidental and accessory to that of the main building or use. This includes any permanent construction, including, but not limited to, lean to, gazebo and patio cover.
BUILDING, HEIGHT: The vertical distance measured for 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, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which such building is situated.
BUNKER HILL SUPERFUND SITE OVERLAY DISTRICT (BD): Includes parts of the west corridor of the county as those areas are defined in the comprehensive plan and is synonymous with the area known as the federally created Bunker Hill superfund site.
CEMETERY: Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection 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.
CLUB: A building or portion thereof or premises owned or operated by an organized association of persons for a social, literary, political, educational, or recreational purposes primarily for the exclusive organization, group, or association, a principal activity of which is to render a service usually and ordinarily carried on in a business.
COMMERCIAL COACH: A manufactured building equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and originally designed to be used either as a dwelling unit or other use without a permanent foundation. A commercial coach is limited to use other than a single-family dwelling.
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 RECREATIONAL: Activities which exchange recreation opportunity or facilitate recreation activities for a fee or gratuity. Activities typically include, but are not limited to, food services, equipment rental, livery, personal services, ski lifts, accommodations and sales of incidental supplies, campgrounds and RV parks.
COMMISSION: The planning and zoning commission appointed by the Shoshone County board of commissioners.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the board, including such things as a general location and extent of present proposed physical facilities including housing, industrial commercial uses, major transportation, parks, schools, and other community facilities.
CONDITIONAL USE: See chapter 9 of this title.
DENSITY: A unit of measurement. The number of gross dwelling units per acre of land.
Gross Density: The gross number of dwelling units per acre of total land to be developed, including public right of way.
Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way.
DISTRICT: Synonymous with "zone".
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and parting walls. Multi-family housing may include public housing and company owned and/or sponsored housing development.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING 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 unrelated persons where no cooking or dining facilities are provided in the individual rooms.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other building units by open space.
DWELLING, TWO-FAMILY: 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.
EASEMENT: Authorization by a property owner for the use by another and for a specified purpose of any designated part of their property.
ENVIRONMENTAL HEALTH CODE (EHC): The health code, as amended from time to time, administered by Panhandle Health District I in connection with the institutional control program for the Bunker Hill Superfund Site.
EXTRACTIVE MANUFACTURING: Any mining, processing, storing, separating, cleaning and marketing of any mineral natural resources; excluding manufacturing which produces gravel, sand, clay, topsoil, general fill materials and/or common building stone.
FAMILY: One or more persons occupying a single-dwelling unit, providing that all members are related by blood, adoption or marriage.
FLOATING ZONE (F): A zone which has no set boundaries within the county, but does have certain requirements established by this title.
FLOOD PLAIN: The flood plain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the Army Corps of Engineers, as follows:
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 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: A channel or watercourse and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water of any watercourse.
Floodway Fringe: That part of the flood plain which is beyond the floodway. Such areas will include those portions of the flood plain which would be inundated by a flood of 100-year frequency.
HEALTH AUTHORITY: The local district health department or the State Department of Health and Welfare that has jurisdictional authority.
HOLDING ZONE (H): Zone designated to serve as a reservoir pending future designation of land use.
HOME OCCUPATION: An occupation conducted entirely within a dwelling unit. (See the required performance standards.)
HOTEL OR MOTEL AND APARTMENT HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house or dormitory.
INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
INSTITUTIONAL CONTROL PROGRAM (ICP): The various actions and programs undertaken to decrease human exposure to lead in the Bunker Hill superfund site.
JUNK: Any material (metal, glass, paper or other waste) that has ceased to serve the initial purpose for which it was designed. The sale of portions of the initial object to be used again in some form.
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or combination of the same, on which junk is stored or processed.
KENNEL: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, roomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment.
LOADING SPACE, OFF-STREET: Space logically and conveniently located for both pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off- street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right of way.
LOT: A lot is 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. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:
A. Single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record or portions of lots of record.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed to the 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 street shall be considered frontage, and yard shall be provided as indicated under "yards" in this section.
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of 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: Terminology used in this title with reference to corner lots, interior lots, and through lots is 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.
MANUFACTURED HOME: A single-family dwelling structure built since July 1, 1976, that bears the department of housing and urban development certification that it has been constructed in conformance with the mobile home construction and safety standards in effect at time of its construction, is constructed of materials generally acceptable for site built housing and is to be used as a permanent residential dwelling. Manufactured home owners or purchasers shall own or be purchasing the land upon which their home is to be placed. Such owner or purchaser shall record with the county recorder, a nonrevocable option declaring the manufactured home as real property. Development standards for a manufactured home on an individual lot are as follows:
A. Shall be at least twenty feet (20') wide, with a minimum floor area of one thousand (1,000) square feet.
B. The roof covering material must be compatible with standard residential construction. The roof slope shall be a minimum of eighteen degrees (18°) (3:12) and with a minimum of six inch (6") eaves.
C. The exterior siding consists of wood, hardboard, vinyl or other nonreflective material comparable in composition, appearance and durability to the exterior siding material that is used in standard residential construction.
D. Shall have a foundation fascia from the floor to the finish grade of the site, enclosed by a continuous unpierced, except to meet access and ventilation requirement, cover of masonry or other exterior material covered in subsection C of this definition.
E. Shall be permanently affixed in accordance with the manufacturer's specifications, with the tongue, axles, transportation lights and removable towing apparatus removed, and set upon a foundation base that meets the requirement for permanent foundations as defined in section 44-2205 of the Idaho Code.
MANUFACTURING, HEAVY: Manufacturing, processing, including wood processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generates some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond a district boundary.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
MOBILE HOME: A structure which is mass produced in a factory; is designed and constructed for transportation to a site for installation and use when connected to required utilities; is built on a chassis; and is designed for long-term residential use by a family, containing kitchen, bath and sleeping facilities. For purposes of these regulations, mobile/manufactured homes shall be divided into the following classes:
A. Class A: A structure built since July 1, 1976, certified as meeting the mobile home and safety standards promulgated by the Department of Housing and Urban Development; or, the HUD Manufactured Home Construction and Safety Standards as amended June 29, 1982, and meeting the definition of a manufactured home as established by this title. Class A mobile homes are manufactured homes on permanent foundations.
B. Class B: Mobile/manufactured homes certified as meeting Department of Housing and Urban Development Mobile Home Construction and Safety Standards promulgated in 1976 but not necessarily meeting the definition of a class A mobile home. Class B mobile homes may or may not be placed on permanent foundations.
C. Class C: Mobile homes constructed prior to 1976 which are found upon inspection to be in good condition and suitable for residential occupancy.
D. Class D: Mobile homes found upon inspection to be in poor condition and unsafe and/or unfit for residential occupancy due to conditions or defects which are deemed to endanger the life, health, property or safety of the occupants or of the public. Applicable conditions and/or defects are identified in chapter 3, section 302 of the Uniform Code for the Abatement of Dangerous Buildings.
NATURAL RESOURCE ZONE (NR): A zone designed to permit multiple uses in the rural areas of the county.
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 FOR CHILDREN: A place, home or facility providing care for more than five (5) children of preschool age.
NURSING HOME, HOME OF THE AGED: A home or facility for the care or treatment of more than five (5) pensioners or elderly people.
NURSERY, PLANT MATERIALS: Land, building, structure, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.
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 natural environmental features, theater areas, swimming pools, and tennis courts, any other recreational facilities that the commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
PANHANDLE HEALTH DISTRICT I: The local health agency at Kellogg charged with the responsibility of overseeing compliance with and enforcement of the environmental health code and the institutional control program developed for the Bunker Hill superfund site pursuant to its duly and properly enacted rules and regulations.
PARKING SPACE, OFF-STREET: An off-street parking space shall consist of area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but should be located totally outside of any street or alley right of way.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with the county in the amount of the estimated construction costs guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PROFESSIONAL ACTIVITIES: 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 buildings, 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 or by a railroad whether publicly or privately owned or by municipal or other governmental agency, and including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
PUBLIC WORKS DIRECTOR: An official appointed by and under the direction of the board of county commissioners, whose duties and responsibilities are established by law and the county commissioners, which includes all reference throughout this title to the county engineer.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
RIGHT OF WAY: A strip of land taken or dedicated for 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, landscape areas, viaducts and bridges.
SEAT: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated for each twenty four (24) lineal inches of benches, pews or space for loose chairs.
SEMI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
SERVICE STATION: Building and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributor parts.
B. Tire servicing and repair, but not recapping or regrooving,
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and alike.
D. Radiator cleaning and flushing.
E. Washing, polishing and sale of washing and polishing materials.
F. Greasing and lubrication.
G. Providing and repairing fuel pumps, oil pumps, and lines.
H. Minor servicing and repair of carburetors.
I. Adjusting and repairing of brakes.
J. Minor motor adjustment, not involving removal of the head or crankcase or racing the motor.
K. Sales of cold drinks, packaged food, tobacco and similar convenience items for service station customers, as accessory and incidental to principal operations.
L. Providing road maps and other informational material to customers; provisions for restroom facilities.
M. Warranty, maintenance and safety inspections.
Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
SETBACK LINE: A line established by this 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 such code.
SIDEWALK: That portion of the road right of way outside the roadway which is approved for use of pedestrian traffic.
SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
Sign, Illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorus light.
Sign, Lighting Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on sign.
Sign, Off Premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where said sign is located.
Sign, On Premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
Sign, Projecting: Any sign which projects from the exterior of the building.
SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval of the commission. Conditional uses permitted in each district are listed in chapter 6 of this title.
STORY: That part of a building between the surface of a floor and the ceiling immediately above it.
STREET: A right of way which provides vehicular and pedestrian access to adjacent property, a dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, land, place and other such terms.
Alley: Minor street providing secondary access to the back or side of a property otherwise abutting a street.
Arterial: A street designated on the comprehensive plan for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated on the comprehensive plan for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Minor: A street which has the primary purpose of providing access to abutting properties.
Private: A street that is not accepted for public use or maintenance. Provides for vehicular and pedestrian access.
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 buildings, mobile homes, walls, fences and billboards.
SUPPLY YARDS: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
TOURIST HOME: A residential use consisting of one residence that may be rented to an individual by the day, week or month, without provided services. Off-street automobile parking of one space per bedroom may be required. A tourist home may be operated in all residential zones with a conditional use permit except Single Family Residential (RO) Zones. The procedures and requirements applicable for conditional use permits, chapter 9 of this title, shall be followed in any application to operate a tourist home. The commission may, among other conditions, require: a) the designation of a resident manager to supervise the operations of the tourist home; and b) limit the number of occupants per home and/or bedrooms. The granting of an application shall not constitute a precedent to the granting of other applications in the same or similar areas.
USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE: A variance is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and upon the further showing that the variance is not in conflict with the public interest.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for their treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
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.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WOOD PROCESSING: The sawing of logs, post and pole processing, hardwood and cedar products, and such operations associated with the industry. Not to include pulp mills, chipping plants and creosote plants.
WRECKING YARD: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
YARD: An open space on a lot which is required by this title to be unoccupied and unobstructed from the ground upward except as otherwise provided in this title:
Yard, Front: A yard extending between side lot lines across the front of a lot 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 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.
ZONE: Synonymous with "district".
ZONING APPROVAL: Approval by the administrator or that person designated assistant, that the use is in compliance with the zoning map and this title. (Ord. 15, 7-11-1977; amd. Ord. 33, 5-4-1983; Ord. 57, 5-10-1990; Ord. 67, 11-22-1990; Ord. 72, 4-18-1994; Ord. 74, 5-16-1994; Ord. 78, 3-13-1995; Ord. 112, 6-22-1998; Ord. 114, 11-17-1998; 2001 Code; Ord. 121, 9-24-2002)