The following listed specific words and terms are defined as follows:
ABUTTING: Land having a common property line or district line, or separated only by a private street, alley or easement.
ACCESSORY BUILDING: A building which is subordinate to and incidental to the principal building on the same lot, but does not include any building containing a dwelling unit, as defined in this section.
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises.
ADMINISTRATOR: An official having knowledge in the principles and practices of planning and zoning, who is appointed by the city council to administer this title under the guidance of the planning and zoning commission.
AGRICULTURE: Tilling of soil, horticulture, raising crops, livestock and dairying, including all uses customarily accessory and incidental thereto, but excluding slaughterhouses and commercial feedlots.
AIRPORT: Any area of land or water which is used or intended for use by aircraft, and including the necessary appurtenant structure or facilities located thereon.
ALLEY OR LANE: A passageway open to public travel, not more than twenty five feet (25') wide, which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care or treatment of animals.
APARTMENT: A room or suite of rooms in a building comprised of three (3) or more dwelling units which is arranged, designed or used as a single housekeeping unit and has a complete kitchen and sanitary facilities permanently installed.
AREA OF CITY IMPACT: The development area around but outside the city boundary, established pursuant to Idaho Code section 67-6526, where development within the county of Latah is likely to affect the city.
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic.
AUTOMOBILE OR TRUCK REPAIR: Premises on which motor vehicles and trailers are taken in for both minor and major repairs, and may include vehicular lubrication, related services and sale of parts.
AUTOMOBILE OR TRUCK SALES: Premises on which new or used automobiles, trailers or trucks in operating condition are displayed in the open for sale or trade, and where related services are provided.
AUTOMOBILE PARKING LOT/GARAGE: A facility used for storage, parking, care or repair of motor vehicles, or where such vehicles are kept for remuneration, hire or sale.
AUTOMOBILE SERVICE STATION: Commercial use of premises used primarily for retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor vehicle repairs.
BED AND BREAKFAST ESTABLISHMENT: Any place of lodging that provides eight (8) or fewer rooms for rent, is the owner's personal residence, and is occupied by the owner during the time of rental.
BOARDING HOUSE: A building other than a hotel or restaurant where rooms are rented on a weekly or monthly basis and meals are provided for compensation to three (3) or more persons, but not more than twelve (12) persons, who are not members of the householder's family.
BUILDING: A structure designed or used as the living quarters for one or more families, or a structure designed for use as an accessory to a structure used for living quarters, or a structure designed for commercial or industrial uses.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, GOVERNMENT: A building owned or used by the federal, state, county or city government, or by any political subdivision, agency or instrumentality thereof.
BUILDING, NONCONFORMING: Any building constructed prior to the adoption of the ordinance codified herein, which does not conform to the requirements of this title.
CARPORT: A stationary structure intended to house or protect motor vehicles owned or operated by the occupants of the principal building and which has at least forty percent (40%) of the total area of its sides open to the weather.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or human remains.
CITY: The city of Troy, Idaho.
CITY CLERK: The city clerk of Troy, Idaho.
CITY COUNCIL: The elected or appointed council members of the city of Troy, Idaho. Also referred to as "the council".
CLINIC: A building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses.
CLUB: An incorporated or unincorporated association of persons organized for social, fraternal, athletic, educational, literary, or charitable purposes. Property occupied by a club is deemed to be semiprivate in character, and is subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
COMMERCIAL LODGING USES: These uses include hotels, motels and convention centers having lodging facilities.
COMMISSION: See definition of Planning And Zoning Commission.
COMPREHENSIVE PLAN: The comprehensive plan of the city of Troy officially adopted by the city council.
CONDITIONAL USE: A use or occupancy of a structure, or use of land, permitted only upon the issuance of a conditional use permit and subject to the limitations and conditions specified therein.
CONVENIENCE STORE: A neighborhood store engaging primarily in the sale of basic food items. Nonfood items may also be sold, provided they are considered everyday convenience goods.
COTTAGE INDUSTRY USES: These uses refer to industrial uses conducted on a lot with a residential dwelling unit. Up to four (4) employees may be employed in addition to family members. Uses include industrial activities related to agriculture, trucking operations, small automotive repair shops, well and septic tank system service, carpentry, upholstery, woodworking and other similar uses.
DAYCARE CENTER: Any establishment or place in which are commonly received at one time not more than twelve (12) children not of common parentage, for a period not exceeding twelve (12) hours, for the purpose of being given care or training for compensation or reward.
DISTRICT OR ZONE: A portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.
DRIVE-IN ESTABLISHMENT: An establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of the patrons in such manner as to permit the occupants of vehicles, while remaining therein, to make purchases or receive services.
DWELLING: A building, or portion thereof, containing one or more dwelling units. The term "dwelling" does not include any trailer, motel, hotel, guesthouse or boarding house, as defined herein.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family.
DWELLING, TWO-FAMILY: A detached building designed for and occupied exclusively by two (2) families independent of each other.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also a right acquired by prescription.
ESTABLISHED GRADE: The high point of the sidewalk at the front or side lot line as established by the city.
EXTRACTION AND DISPOSAL ACTIVITIES: These activities include extraction uses such as mining and quarrying, and disposal uses such as sanitary landfills, sludge disposal or storage, resource recovery facilities, trash compaction or transfer stations, and any other form of waste management facilities and extraction uses.
FAMILY: One or more persons related by blood, marriage, adoption, or a group of not more than six (6) persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
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.
FLOODPLAIN: The relatively flat area of lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway, or floodway fringe, as established pursuant to engineering practices of the U.S. army corps of engineers.
FLOODPROOFING: Measures designed to prevent and reduce flood damage for those uses or structures located in the floodplain, including measures to prevent floodwaters from entering structures.
FLOODWAY: A designated portion of the 100-year flood area in which waters are rapidly moving, which includes the stream channel and other areas as designated on floodplain maps covering the jurisdiction involved.
FLOODWAY FRINGE: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by flood of 100-year frequency.
FRONTAGE STREET: A minor street, parallel to and/or adjacent to an arterial street, to provide access to abutting properties.
HEIGHT, BUILDING: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HOME BUSINESS: A business conducted on a lot in conjunction with a residential dwelling unit. Up to two (2) employees may be employed that do not live on the property. This use involves no exterior storage and all vehicles and materials shall be located in buildings. This type of business includes contractors, service businesses, offices, music, art, other schools, and art studios and galleries.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit, including handicrafts, dressmaking, millinery, laundering, preserving, office of a professional, teaching of music, dancing, and other instruction when limited to attendance of one pupil at a time, and other like occupations which meet all of the following conditions:
A. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
B. The use is conducted entirely within the dwelling and is carried on by the inhabitants thereof.
C. No article shall be sold or offered for sale from the dwelling except such as is produced by the occupant, and no mechanical or electronic equipment shall be installed or maintained other than such is customarily incidental to the home based business use.
D. The use does not change the character of the premises or adversely affect the uses permitted in the residential district.
E. The use creates no appreciable additional traffic and requires no more than one additional parking space.
F. No persons are employed other than those necessary for domestic purposes.
G. Not more than one-fourth (1/4) of the gross area of said dwelling is used for such use.
H. No internal or external alterations or construction features not customarily in dwellings are involved.
HOSPITAL: An establishment which provides accommodations, facilities and services over a continuous period of twenty four (24) hours or more for observation, diagnosis and care, of two (2) or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site development.
JUNKYARD: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, storage of salvaged building, and structural steel materials and equipment; excluding yards or establishments for the sale, purchase, or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
KENNEL, COMMERCIAL: Any lot or premises, or portion thereof, on which three (3) or more dogs, cats, or other household domestic animals are maintained, harbored, possessed, boarded, bred, or cared for in return for compensation or kept for sale.
KENNEL, NONCOMMERCIAL: Any lot, building or enclosure, or portion thereof, in which more than two (2) dogs and/or cats of at least six (6) months of age are kept and/or boarded without compensation.
LOADING AND UNLOADING SPACE, OFF STREET: An open off street area of land other than street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors or trailers, to avoid undue interference with public streets and alleys.
LOT: A unit of land described by metes and bounds, or part of a recorded subdivision so recorded for transfer of ownership.
LOT LINE: The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street as the front lot line. The rear lot line is the line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side lot line in common with another lot line.
LOT TYPES: As used in these regulations, lot types are as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Flagpole Lot: A lot divided to create separate lots, which must have an access at least twenty feet (20') wide to a street. The pole part of the lot may not be included in the square footage required for lot size in the zone.
Interior Lot: A lot other than a corner lot with frontage on only one street other than a corner lot.
Through Lot: A lot with frontage on more than one street other than a corner lot.
LOT WIDTH: The horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.
MANUFACTURED HOME: A single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy and containing complete bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
B. Designed to be transported after fabrication according to manufacturer's specifications and all regulating agencies.
C. Delivered to the site where it is to be occupied as a complete dwelling unit and ready for occupancy, except for minor and incidental unpacking and assembly operations, located on a foundation, with connections to utilities and the like.
MOBILE HOME PARK: Any area, tract, plot or site of land, whereupon two (2) or more standard mobile homes or manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, or rental or contract for payment for such use, is collected by or collectable to the person holding the land.
MOBILE HOME, STANDARD: A detached single-family dwelling unit fabricated prior to 1976, with the following characteristics:
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels or on a flatbed or detached wheels according to the requirements of all regulating agencies.
C. Delivered to the site where it is to be occupied as a complete dwelling unit, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, a connection to utilities and the like.
MONUMENT: Any permanent marker either of concrete, 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.
MOTEL: A building, or group of buildings on the same premises, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for or occupied by travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts any other title or sign intended to identify them as providing lodging to motorists.
NONCONFORMING USE: Any use lawfully occupying a building, structure or land at the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the zoning district in which it is located.
NURSING HOME: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury or deformity, or requiring care because of old age or other disabling condition.
OPEN SPACE: An area open to the sky for outdoor recreation activity or kept open for aesthetic purposes, exclusive of streets, buildings or other covered structures.
PARKING LOT: An open, graded and surfaced area, other than a street or a public way, to be used for vehicle parking or storage for a limited period of time. This would include operable passenger vehicles and commercial vehicles and is available to the public or residents, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE: Usable space within a public or private parking area or building, not less than one hundred eighty (180) square feet (9 feet by 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or passenger vehicle.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
PLANNED UNIT DEVELOPMENT (PUD): A development that has one or more of the following characteristics:
A. Is designed as a combination of residential, commercial and industrial uses on one or more parcels; or
B. Has both open space and clustered higher density use on parts of the parcel; and
C. Is either developed as a project which will operate under single ownership or control, or is developed for the purpose of selling individual lots or estates which will be sold; and
D. Lots may utilize either dedicated streets or, at the discretion of the city council, private streets.
PLANNING AND ZONING COMMISSION: Sometimes referred to herein as the commission. A commission established by city ordinance to administer all city ordinances pertaining to any activity related to planning and zoning within the city limits of Troy and the surrounding area of impact.
PRIVATE STREET: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
PUBLIC SERVICE USES: These uses include emergency service buildings or garages such as ambulance, fire, police, rescue, utility substations, or transmission and distribution facilities, including telephone and like government owned facilities, except landfills and mining facilities.
RECREATIONAL VEHICLE PARK: Any area, tract, plot or site of land, whereupon two (2) or more travel trailers or recreational vehicles are placed, located, maintained and occupied on a temporary basis and for which a fee or rental for such use is collected by or collectable to the person operating the park.
REST HOME, ELDERLY HOUSING: The same as a "nursing home", as defined in this section, except that medical care is not administered therein.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, a cafe, cafeteria, coffee shop, lunchroom, tearoom and dining area.
RIGHT OF WAY: Land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas.
SALVAGE OR WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles or parts thereof, are dismantled or stored.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map.
SIGN: Any identification, description, illustration, symbol, statue or device, illuminated or nonilluminated, which is visible from any public place designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public's attention to a product or location, with the exception of window displays and state or national flags. For the purpose of removal, sign shall also include all sign structures.
STANDARD SPECIFICATIONS: A. The standards as specified in ordinance or as officially adopted by the city, including, but not limited to:
Uniform building code
National electrical code
Uniform plumbing code
Uniform mechanical code
Uniform housing code
National fire safety code
B. Any exceptions to these codes are listed in title 2 of this code.
STATE: The state of Idaho.
STORY: The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by council. The term "street" also includes the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or other such terms.
STRUCTURE: Anything constructed or erected, except fences, which requires permanent location on the ground or is attached to something having location on the ground.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
USE: The purpose which land, buildings or structures serve, or for which it is occupied, maintained arranged, designed or intended.
UTILITIES: Installations for conducting water, sewage, gas, electricity, telephone, television, stormwater and similar facilities providing service to and use by the public.
VARIANCE: An adjustment made in the application of the specific requirements of this title to a particular piece of property, which property because of special circumstances applicable to it being deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.
YARD: An open space on the same lot with a principal building or group of buildings which is unoccupied and unobstructed, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the zoning district in which the lot is located.
YARD, FRONT: The yard extending across the full width of the lot adjacent to the front street line.
YARD, REAR: The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building.
YARD, SIDE: The yard lying between the nearest wall of the principal or accessory building and side lot line and extending from the front yard or the front lot line to the rear yard.
ZONING MAP: The map incorporated into this title designating the zoning districts. (Ord. 2001-04, 8-27-2001; amd. Ord. 2003-04, 10-27-2003)