As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY FACILITIES FOR RECREATION MAINTENANCE: Accessory maintenance facilities specifically and directly related to outdoor recreation uses, including, but not limited to, pump houses, service facilities and yards.
ACCESSORY STRUCTURE: A building or structure, which is incidental or subordinate to the main building, principal dwelling unit, or use on the same building site, i.e., garage, barn, storage buildings, gazebo, artist studio and the like, and has no kitchen facilities.
ACCESSORY USE: A use naturally and customarily incidental to, subordinate to, and devoted exclusively to the main use of the premises.
ACREAGE, GROSS: The total area within a parcel of land.
ADDITION (To An Existing Building): An extension or increase in the floor area or height of a building or structure.
ADMINISTRATOR: The city administrator of the city or his/her designated representative.
AGRICULTURE: The cultivation and harvesting of crops for commercial use.
ALTER OR ALTERATION: Any change in size, shape, character, occupancy or use of a structure.
APPEAL: A request for review of the floodplain administrator's interpretation of provisions of this title or request for a variance.
APPLICANT: The individual, firm, corporation, partnership, association, syndicate, trust or other entity that has legal ownership of a specific property which is the subject of an application, or an individual authorized by the owner who executes the application and initiates proceedings for review of that specific property in accordance with the provisions of this title.
APPURTENANCE: An architectural element added to a building design; typically includes chimneys, vents and solar panels. Does not include air conditioning and mechanical units.
ARCADE: A courtyard, mall, pedestrian walkway or similar area between structures which is part of the same development or project.
ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of architecture.
AREA LIGHT: See definition of Lighting, Area.
AREA MEDIAN INCOME(S) (AMI): The combined gross income for all persons living in a dwelling unit as calculated annually by the United States department of housing and urban development.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow, and AH indicates ponding.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on the FIRM always includes the letters A or V.
ART GALLERY OR STUDIO USES: The use of a site for workspace, display and sale of individually crafted artwork.
ARTS, ENTERTAINMENT, AND EDUCATION USES: The use of a site for arts, entertainment, or educational activities conducted indoors, outdoors, or in a partially enclosed space. The use includes, but is not limited to, motion picture and performing arts; education centers; museums; and video and other games and amusements.
ATTACHED ACCESSORY STRUCTURE: Any accessory structure located within six feet (6') of a common wall of the principal structure on the property or is connected to the principal structure by a roof element, enclosed walkway, corridor, mudroom or other similar enclosed structure.
AVERAGE HORIZONTAL FOOT-CANDLE: The average level of illuminance for a given situation (with snow cover if that is to be expected in the given situation) measured at ground level with the light meter placed parallel to the ground.
BANNERS, PENNANTS OR BUNTING: See definition of Sign: Sign, Banners, Pennants Or Bunting.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year; also referred to as the 100-year flood.
BASE FLOOD ELEVATION (BFE): A determination by the federal insurance administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.
BASEMENT: The portion of a structure including crawl space with its floor subgrade (below ground level) on all sides.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets.
BUILDING: Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings or vehicles situated on private property and serving in any way the function of a building.
BUILDING ENVELOPE: That portion of the lot to be occupied by the foundation of any dwelling, including garages and carports, but excluding open, uncovered decks and porches situated less than thirty inches (30") from ground level.
BUILDING FOOTPRINT: The area of a lot or parcel which is within the perimeter created by a vertical extension to the ground of the exterior walls of all enclosed portions of a building, including attached garages and enclosed decks, porches, solariums and similar enclosed extensions, attachments and accessory annexes. Not included in the footprint are unenclosed portions or extensions of buildings, including, but not limited to, unenclosed decks, porches, porte-cocheres, eaves and roof overhangs.
BUILDING OFFICIAL: The city of Sun Valley building official, or his/her designee.
BULK: The relationship of mass or volume, particularly applied to the aggregate of a building's surfaces.
BULK PLANE: A three-dimensional envelope, defined by setback and building height regulations, in which a building may be located.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or human remains.
CHURCH OR RELIGIOUS WORSHIP USES: The use of a site primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code subsection 63-602B.
CITY: The city of Sun Valley, Idaho.
CIVIC, SOCIAL AND FRATERNAL ORGANIZATION USES: The use of a site owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business.
COMMISSION: The planning and zoning commission of the city of Sun Valley, Idaho.
COMMON USE AREA: Private area, including open site areas, recreation areas, and recreation facilities, intended for the common use of residents within an approved subdivision, and subject to maintenance of said residents.
COMPACT DWELLING UNIT: See definition of Dwelling Unit, Compact.
COMPREHENSIVE PLAN: An adopted document which considers previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The plan with maps, charts, and reports shall be based on components as they may apply to land use regulations and actions.
CONDITIONAL USE: A use or occupancy of land permitted only upon the issuance of a conditional use permit, and subject to the limitations and restrictions specified in such permit in addition to all other applicable regulations and provisions of this title.
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONVENTION USES: The use of a site for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, and including food and beverage preparation and service.
CORRELATED COLOR TEMPERATURE (CCT): The characterization of the color content, or spectrum ("warmness" or "coolness"), of a light source measured in Kelvin (K). Lamps with a CCT of less than 3000K are considered "warm." Lamps with a CCT greater than 4000K are bluish-white and are considered "cool. "
COUNCIL: The city council of the city of Sun Valley, Idaho.
COUNTY RECORDER: The county recorder for Blaine County, Idaho.
COVENANT: A written promise or pledge.
CREST: The top edge or peak of a mountain or hill.
CRITICAL FACILITIES: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.
CULVERT: A drain that channels water under a bridge, street, or driveway.
CUT: The result of excavation and/or removal of earthen material.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or by the recording of a plat. Dedicated land becomes public land upon its acceptance by the City.
DEED RESTRICTED/RESTRICTIONS: A contract entered into between the City or their designee with the owner or purchaser of real property which restricts the use of property including, but not limited to, property developed or to be developed for affordable work force housing and identifies the conditions of occupancy, rental rates and/or resale.
DEVELOPMENT: Any person made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT AGREEMENT: A written commitment, as contemplated under Idaho Code section 67-6511A, which, as a condition of rezoning or annexation, specifies the use(s) or use restrictions different from the requirements of a particular zone district.
DEVELOPMENT PARCEL: A parcel existing prior to subdivision, or a lot designated as a development parcel on a subdivision plat, subject to the applicable minimum design criteria.
DEVELOPMENT SITE: Where a development parcel is much larger than the area to be developed, a development site shall be defined. A development site is to be defined by the developer, but should be a simple geometric form that encompasses proposed buildings, associated parking, service and circulation areas as well as a setback area. A development site shall be used to determine the set standards for a development. A development site may include one (1) or more zoned lots.
DIRECTIONAL FLOODLIGHT: A fully shielded fixture that is angled no higher than twenty-five degrees (25°) from vertical and which targets a specific area to be lit 1 .
DIRECTOR: The City of Sun Valley Community Development Director or his/her designee.
DISPLAY BOX: See definition of sign, display box.
DISTURBED GRADE: To alter the position or arrangement of the terrain and its features.
DOG RUN: An enclosed area intended to contain a dog or dogs for exercise or any other purpose.
DORMITORY: Any structure, under joint occupation and single management, with associated sleeping quarters, restrooms, cooking facilities, and other common areas that are provided for persons who are affiliated with a company or institution, and who reside in said structure on a seasonal or temporary basis.
DRINKING ESTABLISHMENT USES: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use includes, but is not limited to, bar, brewery, lounge, nightclub, and tavern.
DWELLING: Any building, or part thereof, occupied, in whole or in part, as the residence or living quarters of one (1) or more persons, permanently or temporarily, continuously or transiently.
DWELLING, CLUSTERED SINGLE-FAMILY: An entire development of attached or detached single-family dwellings, designed and developed as an integrated unit by a single developer so as to permit a grouping or clustering of structures which relate to one another rather than to an arbitrarily determined lot size.
DWELLING, MULTIPLE-FAMILY: A dwelling designed to contain, or containing two (2) or more single-family living units, including, but not limited to, duplexes, condominiums, apartments, townhouses and rooming houses.
DWELLING, SINGLE-FAMILY: A building, including attached or detached carports and automobile garages, designed to be occupied by, and occupied not otherwise than by, one (1) family.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people as their living quarters.
DWELLING UNIT, ACCESSORY: A detached or attached building, or portion thereof, used as a dwelling to house one (1) or more persons and containing at least one (1) bathroom and cooking facility (kitchen) separate from the primary dwelling.
DWELLING UNIT, COMPACT: A dwelling unit containing less than one thousand two hundred (1,200) square feet of interior living area measured from the inside of exterior walls, which is enclosed and for the exclusive use of the dwelling's occupant(s), not including garages.
DWELLING UNIT, TOWNHOUSE: Dwelling units erected generally in a row, each unit being separated from the adjoining unit or units by a party wall or walls, extending from the basement floor to the roof along the dividing townhouse sublot line, each unit having its own access to the outside, and no unit located over another unit in part or in whole.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, such a right acquired by prescription.
EIGHTY FIVE DEGREE CUTOFF TYPE OF LUMINAIRES: See definition of luminaires, eighty five degree cutoff type.
ELEVATED BUILDING: For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE: An important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information necessary to ensure compliance with community floodplain management regulations; and it may be used to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
ENCLOSED: An area surrounded on more than two (2) sides by walls and on the top by a roof or similar covering.
ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.
ENGINEER: Any professional person who is licensed in the State of Idaho to practice professional engineering.
ENTRANCE SIGN: See definition of sign: sign, entrance.
EQUESTRIAN USES: The use of a site for the keeping of horses, including stables and paddocks.
ERECT: To build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs and murals.
ERECTED: Built, constructed, reconstructed, moved upon or any physical operations on the premises required for a building. Excavation, fill, drainage and the like shall be considered a part of erection.
EVENT CENTER: Facilities which provide for social gathering or activity, including banquets, conventions, conferences, seminars, product displays, private receptions or parties, recreation activities, retreats, reunions, and entertainment functions; such facilities may include overnight accommodations, and areas for food and beverage (including alcohol) preparation, sales and service. Event centers may not be rented or otherwise utilized for more than thirty (30) days by the same party.
EXCAVATION: The disturbance of land, including clearing or removal of vegetation, soil grading, cutting, filling or paving.
EXISTING NATURAL TOPOGRAPHY: See definition of grade, record.
EXPOSED VERTICAL SURFACE: The distance from the lowest point on a wall to the highest point on an eaves, or the top of a wall with a flat roof.
EXTERIOR LIGHTING: See definition of lighting, exterior.
FAMILY: One (1) or more persons living together and occupying a dwelling including a single set of culinary facilities as their residence or living quarters. The persons thus constituting a family may also include gratuitous guests and domestic servants.
FENCE: A structure which is intended to delineate a boundary, provide privacy or decorative screening, or form a barrier.
FILL: The deposition of any material that alters topography.
FINE ART: Sculpture, fountains or similar objects.
FLAG: Any state or national flag.
FLAG LOTS: Unit of land which, by virtue of its configuration, has the majority of its area at the rear portion of the unit, and which is connected to a street or other access by a narrow strip.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been available digitally is called a digital flood insurance rate map (DFIRM).
FLOOD INSURANCE STUDY: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood related erosion hazards.
FLOOD OR FLOODING: A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection A2 of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection A1 of this definition.
FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.
A. In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet (2') of freeboard; and
B. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet (2') above the highest adjacent grade.
FLOODLIGHT: A light fixture that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well defined area with light 2 .
FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of chapter 3, article I of this title, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY 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 a designated height.
FOOT-CANDLE (fc): The American unit used to measure the total amount of light cast on a surface (illuminance). One (1) foot- candle is equivalent to the illuminance produced by a source of one (1) candle at a distance of one foot (1'). For example, the full moon produces 0.01 fc (fc are measured with a light meter). One (1) foot-candle is approximately equal to one lumen per square foot.
FREEBOARD: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be two feet (2').
FREESTANDING SIGN: See definition of sign: sign, freestanding.
FRONTAGE, BUSINESS: The linear distance from outside to outside of a structure or portion of a structure housing a particular business or businesses directly adjacent at ground level to a major pedestrian or vehicular way.
FULL CUTOFF LUMINAIRES: See definition of luminaires, full cutoff.
FULL TIME EQUIVALENT (FTE): The conversion of part time work hours to the equivalent number of full time work hours based on a forty (40) hour workweek.
FULLY SHIELDED: See definition of luminaires, fully shielded.
FUNCTIONALLY DEPENDENT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long term storage, manufacture, sales, or service facilities.
GLARE: Stray light striking the eye that may result in:
A. Nuisance or annoyance glare such as light shining into a window;
B. Discomfort glare such as bright light causing squinting of the eyes;
C. Disabling glare such as bright light reducing the ability of the eyes to see into shadows; or
D. Reduction of visual performance.
GRADE, FINISHED: The final elevation of the land surface of the site after completion of development.
GRADE, RECORD: Natural grade existing prior to any site preparation, grading, or filling, unless a new record grade is approved and recorded at the time of subdivision approval and noted on the filed final plat.
GRADING/GRADED: Any excavation, filling, or manual movement of earth for the purpose of revision to the terrain.
GROSS ACRE: See definition of acreage, gross.
HELISTOP: An area designated to be used for the landing or takeoff of one (1) helicopter and the temporary parking of one (1) helicopter, but not including operation facilities, such as maintenance, storage, fueling or terminal facilities.
HILLSIDE: A part of a hill between and including the summit and the foot and includes, but is not limited to, such landforms as ridges, saddles, and knolls.
HILLSIDE FOOT: The lowest part of a hillside where the grade of slope increases from horizontal or near horizontal; the bottom or base of a hillside.
HILLSIDE KNOLL: A small round hill or mound.
HILLSIDE RIDGE OR RIDGELINE: A sharp, elongated crest or a linear series of crests.
HILLSIDE SADDLE: A ridge connecting two (2) higher elevations.
HILLSIDE SUMMIT: The highest part, top or peak of a hillside.
HOLIDAY LIGHTING: See definition of Lighting, Holiday.
HOME OCCUPATIONS: A use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes, and which does not change the residential character of the dwelling.
HOTEL: The use of a site for visitors or overnight accommodations, including sleeping rooms, guest registration and lobby areas, and all other areas within the building devoted to the housing of local personnel or hotel equipment and supplies; and which has common reservation and cleaning services, combined utilities, and on site management and reception services. The word "hotel" shall also include motels, inns and lodges.
IESNA: Illuminating Engineering Society Of North America (IES or IESNA). The professional society of lighting engineers.
IESNA RECOMMENDED PRACTICES: The current publications of the IESNA setting forth illuminance levels.
ILLUMINANCE: The amount of light falling on any point of a surface measured in foot-candles or lux; foot-candles are measured as lumens per square foot, and lux is measured as lumens per square meter.
IMPROVEMENT: Any alteration to the land or other physical construction.
KIOSK: See definition of Sign: Sign, Kiosk.
LAMP: The generic term for a source of optical radiation (light), often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
LANDSCAPE ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of landscape architecture.
LANDSCAPING: The planting and maintenance of trees, ground cover, indigenous plants, shrubs, vines, flowers, lawns or a combination thereof. In addition to plant materials, landscaping may include rock or stone and structural or decorative features including, but not limited to, fountains, decorative pools and ponds, artwork and benches, and pedestrian walkways. Parking or storage areas or vehicular ways are not considered landscaping.
LARGE SCALE SUBDIVISION: See definition of Subdivision, Large Scale.
LIGHT: The form of radiant energy acting on the retina of the eye to make sight possible.
LIGHT POLLUTION: Any adverse effect of artificial night light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, or any manmade light that diminishes the ability to view the night sky.
LIGHT TRESPASS: Light falling on the property of another or the public right of way when it is not required to do so.
LIGHTING: Any or all parts of a luminaire that function to produce light.
LIGHTING, AREA: A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights 3 .
LIGHTING, BACK: An indirect source of light which is located behind the sign surface or shielded from the viewer's eyes by a translucent or opaque material.
LIGHTING, EXTERIOR: Temporary or permanent outdoor lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this title.
LIGHTING, HOLIDAY: Exterior lighting consisting of strings of individual lamps, where the output per lamp is not greater than fifteen (15) lumens.
LIGHTING, INDIRECT: A light source that is concealed from public view and separate from the surface and illuminating the sign surface by means of spotlights or similar fixtures.
LIGHTING, NONESSENTIAL: Lighting that is not necessary for an intended purpose after the purpose has been served. Does not include any lighting used for safety and/or public circulation purposes.
LIGHTING, PANCHANNELED: Indirect, concealed light source which element is attached directly to the face of the sign.
LIGHTING, TEMPORARY: Lighting that is intended to be used for a special event for seven (7) days or less, and temporary construction lighting.
LOT: A division of land which is created by subdivision and which is part of a recorded plat.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, and other public rights of way.
LOT COVERAGE: The area of the lot covered by structures, not including unenclosed areas.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR section 60.3 and this title.
LUMEN: The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty (60) watt incandescent lamp produces nine hundred fifty (950) lumens while a fifty five (55) watt low pressure sodium lamp produces eight thousand (8,000) lumens and a fifteen (15) watt LED bulb produces nine hundred (900) lumens. LED bulbs are eighty percent (80%) more efficient than incandescent lighting.
LUMINAIRE: A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as "fixture".
LUMINAIRE, PARTIALLY SHIELDED: The luminaire incorporates a translucent barrier, the "partial shield" around the lamp that allows some light to pass through the barrier of the fixture's walls while concealing the lamp from the viewer 4 .
LUMINAIRES, EIGHTY FIVE DEGREE CUTOFF TYPE: Luminaires that do not allow light to escape above an eighty five degree (85°) angle measured from a vertical line from the center of the lamp extended to the ground 5 .
LUMINAIRES, FULL CUTOFF: A luminaire designed and mounted level where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire 3 .
LUMINAIRES, FULLY SHIELDED 7 : The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier on the top and sides of the fixture.
LUMINAIRES, UNSHIELDED: The luminaire only incorporates clear glass, which permits all light to escape.
MANUFACTURED HOME: A. A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code section 39-4105. For floodplain management purposes: "Manufactured home" means a structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET RATE UNIT: A dwelling and/or lot in a residential or mixed use development that is not a work force housing unit.
MONUMENT: Any permanent marker either of concrete, brass cap, galvanized iron pipe, or iron or steel rods used to identify any tract, parcel, lot or street lines as specified in Idaho Code section 50-1303.
MURAL: A painted scene, figure or decorative design so as to enhance the building architecture, not including written trade or place names or advertising messages.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a federal program created by congress to mitigate future flood losses nationwide through sound, community enforced building and zoning ordinances and to provide access to affordable, federally backed flood insurance protection for property owners.
NET USABLE FLOOR SPACE: The entire square foot floor space of a building, which is enclosed and subject to heating and/or air conditioning, less any space used or occupied by central mechanical or electrical equipment, elevators, escalators, dumbwaiters, stairways, hallways, lifts, chutes, trash disposal units or storage spaces.
NEW CONSTRUCTION: For floodplain management purposes, a structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Any construction started after April 17th, 1978 and before the effective start date of the floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.
NONCONFORMING STRUCTURE: A structure, or portion thereof, which:
A. Exists, or for which a valid building permit exists, at the effective date hereof, and which violates any of the provisions of this title; or
B. Exists, or for which a valid building permit exists, at the effective date of any amendment to this title, and which violates any of the provisions of this title as so amended.
NONCONFORMING USE: The use of a structure or premises, lawfully existing at the effective date hereof, for any purpose not permitted by the provisions of this title, and the use of a structure or premises lawfully existing at the effective date of any amendment to this title, for any purpose not permitted by said amendment.
NONESSENTIAL LIGHTING: See definition of Lighting, Nonessential.
OPAQUE: The effect of a part or parts of a luminaire that provide(s) a barrier above and in some cases around the lamp, that does not allow any light to pass through.
OPEN SITE AREA: An open area of land free of buildings and motorized vehicles, and suitable for outdoor recreation or enjoyment.
OUTDOOR SALES AND STORAGE USES: The use of a site for the permanent display, sale or storage outside a building or structure including, but not limited to, vehicles, gasoline, motor oil, tires, vending machines, food and beverages, equipment, garden supply, and building and landscape materials.
OWNERSHIP: The individual, firm, association, syndicate, partnership or corporation having any interest in land.
PARCEL: A lot. The term parcel is used interchangeably with the term lot.
PARKING: The temporary, transient storage of private passenger vehicles used for personal transportation.
PARKING SPACE: An automobile parking stall containing a surface area of minimum space to park one vehicle with ingress and egress.
PARTIALLY SHIELDED: See definition of Luminaire, Partially Shielded.
PERCENT SLOPE: Percent slope is calculated by multiplying the ratio of a slope's rise to run by one hundred (100). See also definition of Slope.
PERFORMANCE BOND: A document obligating funds for the purpose of ensuring the faithful performance of the construction of improvements.
PERFORMING ARTS/SYMPHONY CENTER: A public assembly space open to the public specifically used for the Sun Valley Summer Symphony and other performing arts groups.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL AND PROFESSIONAL SERVICE USES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, banking, beauty and healthcare services, repairs such as locksmith, footwear and leather goods, and watches. Professional service uses include, but are not limited to, phone and computer service, architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies.
PLANNED UNIT DEVELOPMENT: A use or combination of uses for a tract of land no smaller than four (4) acres in size to be developed as a unit under single ownership or control, pursuant to a conditional use permit.
PLAT: The drawing, mapping or planning of a subdivision, cemetery, town site or other tract of land, or a replatting of such, including certifications, descriptions and approvals.
PLAT AMENDMENT: A. A change or modification of the boundary lines between existing lots or tracts of land or between dwelling units which does not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements and which does not create additional lots or dwelling units; or
B. Other minor changes to subdivision, condominium or townhouse plats such as, but not limited to, notation changes, boundary shifts, and removal of lot line(s), each of which does not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements nor create additional lots or dwelling units; or
C. Modification or relocation of the building envelope.
PLAT, FINAL: The final and formal presentation by drawings of a proposed subdivision development.
PLAT, PRELIMINARY: The first formal presentation by drawings of a proposed subdivision.
PLATE LINE: The point at which any part of the structure first touches or bears upon an external wall.
PROJECTING OR HANGING SIGN: See definition of Sign: Sign, Projecting Or Hanging.
PUBLIC SERVICE USES: A structure or use intended or used for a public purpose by a city, the county, the state, or by any public agency.
RECORD GRADE: See definition of Grade, Record.
RECREATION FENCE: A fence designed to enclose a specific recreational facility, such as swimming pools and tennis courts, intended to prevent recreational implements from leaving the area of play or to restrict entry to the facility.
RECREATION USES: The use of a site for leisure activities, conducted indoors, outdoors, or in a partially enclosed space. Uses include, but are not limited to, ski areas; nonmotorized trails and paths; picnic areas; sports fields and facilities; swimming pools; fishing areas; amphitheaters; playgrounds; ice rinks; bowling alleys; archery, skeet, trap, pistol, and rifle ranges; golf courses; and fitness clubs.
RECREATIONAL VEHICLE: A vehicle that is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towed by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REFLECTIVE SURFACE: Any material or device which redirects light, such as, but not limited to, "Scotchlite", "Day-Glo", fluorescent paints, glass beads, luminous paint and polished metal surfaces.
REGULATORY 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 a designated height.
RESIDENTIAL NAMEPLATE SIGN: See definition of Sign: Sign, Residential Nameplate.
RESTAURANT USES: The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafes, coffee shops, delicatessens, diners, eateries, grills, pizza parlors, restaurants, retail bakeries; sushi bars, steakhouses, food stands, and catering facilities.
RETAIL STORE USES: The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores; specialty stores; sporting goods; and used merchandise stores.
RETAIL STORE USES, LIMITED: The use of a site for the sale of a limited line of groceries, household items, and other convenience goods. The site may also offer banking services.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way, which normally includes streets, nonmotorized trail systems and other public utilities or service areas.
ROOF SIGNS: See definition of Sign: Sign, Roof.
ROUTINE MAINTENANCE: Painting and upkeep of existing, approved signage that does not change the approved design and/or colors in any way.
SCHOOL USES: The use of a site for teaching, including public or private institutions, at the preschool, primary, secondary education levels, or adult and advanced education.
SETBACK: A horizontal distance between an established boundary, such as a property line, edge of right of way or edge of access easement, and the nearest point of an imaginary line above or below ground beyond which no structure may be placed, measured at right angles to the property line.
SIGN: A surface or space, whether continuous or not, which attracts the attention; identifies a business, building, product or service; or conveys a message to any person by means of letters, numbers, figures, or other symbols, devices, or representations.
Sign, A-Frame: A sign with two (2) faces attached to each other by a hinge at the top. Commonly called "sandwich boards".
Sign, Banners, Pennants Or Bunting: Any announcement device affixed to poles, wires or ropes for the purpose of announcing or promoting community events or activities or decorating the city for special holidays.
Sign, Base Legs: A sign typically constructed of a plywood or sheet metal display face affixed to two (2) four inch by four inch (4" x 4") posts with some sort of "feet" constructed for support at the base of the "legs". Typically used for construction information, subdivision sales information, and other temporary informational signage of a commercial or semicommercial nature.
Sign, Blade: A fabric sign that is supported by a single curved metal support pole. Blade signs are a type of temporary signs but are classified as banners per this title.
Sign, Display Box: A freestanding or wall sign enclosed in glass for the express purpose of displaying menus; current entertainment; directions; historic, cultural, or visitor information or real estate listings.
Sign, Entrance: A sign that identifies commercial cores, satellite resorts, major subdivisions, condominium complexes, or a group of apartment buildings having at least one hundred (100) linear feet of frontage along a vehicular or pedestrian way.
Sign, Freestanding: A single- or multi-faced sign affixed to a supporting structure or imbedded in and extending from the ground and detached from any building.
Sign, H-Frame: A sign characterized by sheet metal, corrugated plastic, or cardboard sign faces with wire or metal prongs or supports. Commonly used for real estate sales, yard sales, political signs, and other temporary events or announcements.
Sign, Inflatable: Signs of fabric construction which are inflated by a fan and intended to move in such a manner to attract attention. A type of moving sign.
Sign, Internally Lit Sealed Case: An internally illuminated sign which achieves the look of channel lettering without relief by shielding the majority of the sign face with a metal (or other opaque) material.
Sign, Kiosk: A freestanding, fixed display board of three (3) sides or more for the primary purpose of advertising community events, special events, visitor information and personal information.
Sign, L-Stake: A sign with an L-shaped post from which the sign face is suspended. Commonly used for real estate sales and occasionally for property identification.
Sign, Monument: A large freestanding sign, erected on a pedestal or foundation, typically used for identifying subdivisions, commercial areas, public facilities, and entrances to the city.
Sign Power Source: Attached or appurtenant solar photovoltaic systems or electrical panels necessary to illuminate a sign of any type or design.
Sign, Projecting Or Hanging: Any sign attached to a building and extending, in whole or part, more than nine inches (9") beyond the building line.
Sign, Residential Nameplate: A sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name, or identifying the address of the house. The sign shall not contain any advertising of any kind.
Sign, Roof: A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof.
Sign, Temporary: Signs which are designed to be nonpermanent in nature. Such sign styles which include H-frame, A-frame, base legs, and other signs without a permanent foundation and with a support depth of no more than six inches (6") into the soil.
Sign, Wall: A sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall and not projecting more than nine inches (9") from the face of the wall.
Sign, Wayfinding: Signs which help direct pedestrian and/or vehicular traffic through the use of uniform appearance and logos or markings, informational contents, and arrows or directional markers.
Sign, Window: A sign affixed on or located within thirty six inches (36") of the interior surface of a window fronting a public way.
SITE ALTERATION: The erection, construction, establishment, movement, removal, alteration, conversion or demolition of any building, other structure, landscaping, or street, and also includes, but is not limited to, the excavation or grading of any lot and/or any fill activity.
SKYGLOW: The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere.
SKYLINE/SKYLINING: An outline of a structure against the background of the sky.
SLOPE: An inclined terrain, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise, or elevation change). See also definition of Percent Slope.
SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
SQUARE FEET (BUILDING): The sum of the gross horizontal floor areas of a dwelling unit measured either from the interior face of interior walls, or the outside of exterior walls as specified by this title.
STABILIZED SLOPE: Grading which has been supplemented with additional structural material so as to resist the movement of soil which has been disturbed.
STAINED GLASS: Multicolored pieces of translucent material held together by foil or lead and having the various joints soldered together. Signs made out of approved translucent material may be either backlit or have indirect lighting.
START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE: The state of Idaho.
STRUCTURE: Includes buildings, signs, fences, and other improvements, or any portion thereof, constructed, erected, built, installed or placed upon any real property. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION: A. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels or interests for the purpose of offer, sale, or improvement or for the purpose of leasing for a period of five (5) years or longer, including the total of the initial lease term and all renewal terms permitted or provided for in the lease, whether immediate or future. Subdivision includes:
1. Improvement of land not previously subdivided;
2. Division of land whether by deed, metes and bounds description, lease, map, plat, record of survey, or other recorded instrument;
3. Condominium and townhouse creation or conversion; and
4. Any alteration, modification, change, addition to or deletion from any plat of record, and including boundary shifts and/or removal of lot lines between existing platted or unplatted lots and/or parcels of land.
B. The following shall not constitute a subdivision for the purposes of this title:
1. The unwilling sale of land resulting from legal condemnation or the threat thereof, as defined and allowed by the laws of the state of Idaho;
2. The sale, dedication or other conveyance of land to the city, county or state, or any political subdivision or agency thereof, for use as a street, public right of way or other public use.
SUBDIVISION, LARGE SCALE: A subdivision with greater than ten (10) or more lots or units.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of its market value before the damage occurred. See definition of “substantial improvement.”
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this title.
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.
TEMPORARY EVENT: One which does not last more than thirty (30) days, consecutive or cumulative, in any given calendar year.
TEMPORARY LIGHTING: See definition of Lighting, Temporary.
TEMPORARY USES: The use of a site on a seasonal basis and for a short period of time. The use includes, but is not limited to, Christmas tree lots, construction buildings, firework stands, food service vehicles, model homes, produce stands, snow cone stands, and pumpkin stands.
TERRAIN: The natural features and topography of a development parcel.
TIMESHARE UNIT: A unit in which timeshare exists.
TOWNHOUSE DEVELOPMENT: A project of two (2) or more townhouse units that may be constructed as: a) single building(s) and/or b) single buildings containing single townhouse units.
TOWNHOUSE SUBLOTS: The lot resulting from platting a townhouse development.
TOWNHOUSE UNIT: See definition of Dwelling Unit, Townhouse.
TRACT: Land that has not been subdivided.
TRAFFIC CONTROL SIGN: A sign for the purpose of identifying private parking areas and directing the flow of both pedestrian and vehicular traffic on private property.
TRAIL: A way designed for and used by equestrians, pedestrians, cyclists, and other nonmotorized conveyances.
TRANSLUCENT 8 : The effect of a part or parts of a luminaire that provide(s) a barrier around the lamp that allows some light to pass through the barrier in a diffused manner, such that the lamp cannot be clearly distinguished.
UPLIGHTING: Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.
UTILITIES: Installations for conduction of water, sewage, gas, telephone, electricity, television, stormwater and similar facilities providing service to and used by the public, and provided by either a public or private entity.
VARIANCE: A grant of relief by the Governing Body from a requirement of this title.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.
VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the finished construction elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
VISIBILITY: The fact of being seen or exposed to view or capable of being seen or exposed to view when traveling on a City street, or path. The hillside visibility of a proposed building envelope or a structure higher on a hillside may be considered to be more visible than the same structure located closer to a street, i.e., a building farther up a hillside may be visible from more vantage points on streets and therefore more visible under this article than a building directly adjacent to a street. This definition shall not be construed to support the claim that buildings closer to streets or paths are necessarily more visible than those located farther up a hillside.
WALL PLANE: The exterior expressed surface of a structure in an unarticulated straight line defined by the height and length of the wall segment.
WALL SIGN: See definition of sign: sign, wall.
WALL WASH: The diversion of artificial lighting from the exterior surface of a building or structure.
WINDOW SIGN: See definition of sign: sign, window.
WIRELESS COMMUNICATION FACILITY: A steel monopole, guywire tower, lattice tower or other similar structure designed to support directional antennas, parabolic dishes or antennas, microwave dishes, in addition to associated ground equipment and other similar equipment used in the wireless communications industry. (Ord. 382, 10-25-2006; amd. Ord. 392, 10-26-2006; Ord. 390, 4-19-2007; Ord. 410, 6-19-2008, eff. 6-25-2008; Ord. 413, 7-17-2008, eff. 7-23-2008; Ord. 435, 6-28-2010; Ord. 443, 8-18-2011; Ord. 455, 12-6-2012; Ord. 482, 3-3-2016; Ord. 494, 5-4-2017; Ord. 512, 6-1-2017; Ord. 513, 6-1-2017; Ord. 543, 9-3-2020; Ord. 556, 4-1-2021)
Notes
| 1 | 1. See figures 6 and 7 of chapter 3, article B of this title. |
| 2 | 1. See subsection 9-3B-3E, table 9-3B-1 of this title for light output of various lamps. |
| 3 | 2. See subsection 9-3B-3E, table 9-3B-1 of this title for light output of various lamps. |
| 4 | 1. See subsection 9-3B-3E, figure 3 of this title. |
| 5 | 2. See subsection 9-3B-3E, figure 2 of this title. |
| 3 | 3. See subsection 9-3B-3E, figure 1 of this title. |
| 7 | 4. See subsection 9-3B-3E, figure 4 of this title. |
| 8 | 1. See section 9-3B-3, figure 3 of this title. |
| 9 | 1. See section 9-3B-3, figure 5 of this title. |