For the purposes of this title certain words used herein shall mean what is indicated in this chapter. (Ord. 2124, 10-15-1984)
The present tense includes the future tense, and the singular number includes the plural and the plural number includes the singular.
The word "shall" or "will" is a mandatory requirement, the word "may" is a permissive requirement.
The word "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".
ACCESS EASEMENT: An easement across one or more adjacent properties to allow vehicular access to an otherwise inaccessible area at any time. (Ord. 2012, 7-6-1981)
ACCESSORY BUILDING, ATTACHED: An accessory building that is attached to or within ten feet (10') of a dwelling. (Ord. 2124, 10-15-1984)
ACCESSORY BUILDING, DETACHED: An accessory building which is located a minimum of ten feet (10') from a dwelling. The footprint of the building shall be used to determine the maximum permitted size of a detached accessory building. (Ord. 2741, 11-4-2002)
ACCESSORY USE OR STRUCTURE: A use or structure that is incidental and subordinate to the principal allowed use of a property and located on the same lot as the principal allowed use.
ADMINISTRATOR 1 : A person who is legally vested with the right of administration of this ordinance. (Ord. 2012, 7-6-1981)
AGRICULTURAL LAND: Land used for the raising of plant crops and animals on pasture, but excluding feedlots and dairies. (Ord. 2275, 7-17-1989)
AGRITOURISM ACTIVITY: An accessory use/secondary activity carried out on an active farm or ranch of ten (10) acres or more that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities including, but not limited to, farming, ranching, historic, cultural, on-site educational farming programs, recreational farming programs that may include on-site hospitality services, guided and self-guided tours, bed and breakfast accommodations, farm animal petting zoos, short term farm festivals, corn mazes, "harvest-your-own" events, hayrides, barn parties, horseback riding, fee fishing and camping. An activity is an agritourism activity whether or not the participant paid to participate in the activity. (Ord. 2018-007, 8-20-2018)
ALLEY: See definition of street.
ANIMAL, SMALL AND LARGE: An animal shall be considered small if it is a domestic pet normally kept in a house and weighs less than one hundred fifty (150) pounds at maturity. All other animals shall be classed as large animals.
APARTMENT HOTEL: A building or portion thereof designed for or containing both individual guestrooms or suites of rooms and dwelling units.
APPLIANCE REPAIR: The repair of a household or office device operated by gas or electrical current.
APPROVED: Unless otherwise indicated, shall mean by the Council. All approvals delegated herein to administrative personnel of the City are subject to review and final determination by the Council. (Ord. 2012, 7-6-1981)
ARCHITECTURAL PROJECTION: Any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building but shall not include signs. Examples of such projections are cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, etc. For carports or canopies the architectural projection shall be measured from the support posts unless said posts are located more than three feet (3') from the outer edge of the carport or canopy roof. In such case a maximum of three feet (3') shall be considered the architectural projection. (Ord. 2124, 10-15-1984)
AREA OF IMPACT: The area surrounding the city as established by mutual agreement with the county in conformance with state law. (Ord. 2012, 7-6-1981)
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. (Ord. 2045, 7-6-1982)
AUTOMOBILE AND RECREATIONAL VEHICLE RENTAL/STORAGE YARDS: Parking and/or storage of new and/or used automobiles and recreation vehicles, which may or may not be capable of immediate operation under their own power. (Ord. 2741, 11-4-2002)
AUTOMOBILE IMPOUND FACILITY: A facility that provides temporary outdoor storage for three (3) or more vehicles that are to be claimed by titleholders or their agents, provided that no vehicle shall be stored at said facility for more than forty five (45) days and must remain mechanically operable and licensed at all times, or a parcel of land or a building that is used for the storage of wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop and where motor vehicles are kept for a period of time not exceeding fourteen (14) days. (Ord. 2773, 12-15-2003)
AUTOMOBILE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT REPAIR: The repair of automobiles, mobile homes, travel trailers and farm implements.
AUTOMOBILE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES AREAS: An open area, other than a street used for the display, sale or rental of new or used automobiles, mobile homes, travel trailers, or farm implements but not including repair work except minor incidental repair of same to be displayed, sold or rented on the premises.
AUTOMOBILE WRECKING: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes or trailers. (Ord. 2012, 7-6-1981)
AUTOMOBILE WRECKING YARD AND JUNKYARD: Any area where automobile wrecking is carried out and/or accumulation of parts thereof, are stored in the open; or any land, building or structure used for the wrecking or storing of such motor vehicles or property containing any dismantled, abandoned, nonoperating, junked, damaged or destroyed household goods and equipment, motor vehicles, machinery or miscellaneous property. (Ord. 2773, 12-15-2003)
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Ord. 2045, 7-6-1982)
BASEMENT: A portion of living space in a dwelling unit all or at least one-half (1/2) of its height below the average level of the adjoining ground. (Ord. 2012, 7-6-1981)
BEST MANAGEMENT PRACTICES (BMPs): Those methods, or practices to prevent or reduce water pollution and include, but are not limited to, structural and nonstructural controls, and operation and maintenance procedures. BMPs can be applied before, during, and after pollution producing activities to reduce or eliminate the introduction of pollutants into receiving waters. (Ord. 2481, 5-1-1995)
BICYCLEWAY: A public way designed for the use of nonmotorized vehicles.
BLOCK: A group of lots, tracts or parcels within well defined boundaries, usually streets. (Ord. 2012, 7-6-1981)
BUILDING: Any structure having a roof supported by columns or by walls and intended or used for shelter, housing or enclosure of persons, animals, plants, chattels, or property of any kind. (Ord. 2124, 10-15-1984)
BUILDING LINE: See definition of Line, Building. (Ord. 2012, 7-6-1981)
BUILDING OFFICIAL: The building official or other city employee appointed by the building official. (Ord. 2957, 12-8-2008)
BUSINESS PARK: A development approved through the ZDA process that contains a number of separate manufacturing, commercial, office and supporting uses and open space. (Ord. 3082, 12-8-2014)
CALL CENTER: An operational center set up to utilize telecommunication and computer technologies to automate various high volume inbound and/or outbound telephone activities and services. (Ord. 2710, 12-3-2001)
CANYON RIM: The point below which the final slope toward Rock Creek or the Snake River exceeds thirty percent (30%) for a distance of ten (10) or more feet. The "final slope", as the term is used herein, excludes minor breaks in the canyon wall which have a slope of less than thirty percent (30%) but are: a) inaccessible from existing streets, and/or b) less than one hundred feet (100') in width. There may be multiple rims meeting this definition, and the requirements of the canyon rims overlay district apply to all such rims. The location of the rim shall be determined before any excavation or grading preparatory to development occurs. Any developer may, prior to filing an application for approval, request that the city engineer delineate the rim on his or her property.
CANYON RIM SETBACK: The shortest distance between the canyon rim and the exterior wall of any building for which a canyon rim setback is required. (Ord. 2466, 2-6-1995)
CARPORT, ATTACHED: Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling or located within ten feet (10') of a dwelling.
CARPORT, DETACHED: A roofed structure of which all sides and ends are not enclosed and which is located a minimum of ten feet (10') from a dwelling. (Ord. 2124, 10-15-1984)
CASHIER'S BOOTH: A building not exceeding sixty (60) square feet which is used solely for the receipt of money from automotive and petroleum products and which contains no items for sale. (Ord. 2072, 7-5-1983)
CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. (Ord. 2012, 7-6-1981)
CHANGE OF USE: A change of use from one of the following categories to another:
(A) Agricultural.
(B) Agricultural processing.
(C) Communications and utilities.
(D) Cultural facilities.
(E) Governmental facilities.
(F) Manufacturing.
(G) Medical facilities.
(H) Miscellaneous.
(I) Parks.
(J) Public assembly.
(K) Residential.
(L) Retail trade.
(M) Services.
(N) Sports facilities.
(O) Transportation.
(P) Wholesale facilities. (Ord. 2526, 5-20-1996)
CITY: The city of Twin Falls.
CITY MANAGER: The city manager or other city employee appointed by the city manager. (Ord. 2957, 12-8-2008)
COLLOCATION: The use of a single support system on the ground by more than one carrier or several support systems on an existing building or structure by more than one carrier. (Ord. 2678, 1-16-2001)
COMMERCIAL USE: A structure or area intended for the selling, bartering or swapping of any merchandise, commodities, objects or services.
COMMON AREA: Lands or real estate intended for the common use of a group of persons all of whom have an undivided common interest in the real estate.
COMMON AREA (CONDOMINIUM): The separate interest in a condominium.
COMMON AREA, LIMITED: A common area within a condominium ownership that is restricted in use to include only a part of the group of persons who have a common interest in a condominium project.
COMMON, INTEREST IN: Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes or unless declared in its creation to be a joint interest or unless acquired as community property.
COMMON WALL: A wall located upon or at the division line between adjoining premises and use, intended to be used or available to be used by both owners of such premises in the construction or maintenance of improvements on their respective properties.
COMPREHENSIVE PLAN: The overall guiding document for all development within the legal jurisdiction of the city.
CONCESSION: A building or structure having less than three hundred (300) square feet of area that is used for the sale of food, beverages and/or souvenirs.
CONDOMINIUM OWNERSHIP: An estate consisting of: a) an undivided interest in common in real property in an interest or interests in real property or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or any combination thereof.
CONDOMINIUM PLAT: The drawing of a division of real property into individual interests in common together with a separate interest in the real property for the purpose of establishing condominium ownership together with the declaration that is filed according to law with the county recorder. (Ord. 2012, 7-6-1981)
COTTAGE BUSINESS: A small, individually owned business or concern that functions without altering the residential character of the neighborhood and which does not create any negative impacts on the public health, safety, and general welfare of the adjacent property owners. (Ord. 2657, 6-19-2000)
COUNCIL: The city of Twin Falls city council.
COUNTY: Twin Falls County, Idaho and its governing board.
COVENANT: A written promise or pledge. (Ord. 2012, 7-6-1981)
CULTURAL ACTIVITIES: Activities, programs, displays or performances, presented for the enjoyment, education or other benefit of the general public, involving art, music, literature, live theater, craft shows, history or humanities. (Ord. 2851, 3-6-2006)
DAYCARE SERVICE: Services offered by persons who are paid to supervise or care for six (6) or more persons including the resident children, but excluding those businesses or religious institutions which provide incidental daycare service for patrons or attendees while parents are on the premises. (Ord. 2850, 2-21-2006)
DEDICATION: The setting apart of land or interest in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the local governing authority. (Ord. 2012, 7-6-1981)
DETENTION FACILITY: Those methods or devices that temporarily collect and hold the stormwater runoff and release the water at a metered rate over time. (Ord. 2481, 5-1-1995)
DEVELOPED: A developed property is a property for which a certificate of occupancy has been issued to occupy a building on the property. (Ord. 2957, 12-8-2008)
DEVELOPER: The owner, or his legally authorized agent, of lands that are being platted or mapped. (Ord. 2012, 7-6-1981)
DEVELOPMENT: Lands within the boundaries of an area that is platted or mapped in accordance with this title that are intended to be improved by the construction or addition of buildings or other structures; by mining, dredging, filling, grading, paving, excavation or drilling. (Ord. 2045, 7-6-1982)
DORMITORY: A rooming house or residence hall occupied by students.
DRIVE-IN ESTABLISHMENT: A commercial establishment, excluding gasoline service stations, in which business is conducted while the customers are vehicle occupants. (Ord. 2012, 7-6-1981)
DWELLING: A building or portion thereof designed exclusively for residential occupancy, including manufactured homes, but not including hotels, boarding and lodging houses, trailers, camp cars or trailer houses. (Ord. 2110, 7-16-1984)
DWELLING, MULTIPLE: A building or portion thereof, designed for three (3) or more households living independently of each other and including apartment hotels.
DWELLING, ONE HOUSEHOLD: A detached building containing one dwelling unit.
DWELLING, TWO HOUSEHOLD: A building designed exclusively for occupancy for two (2) households living independently of each other including duplexes, semidetached houses and separately owned shared wall dwellings.
DWELLING UNIT: Space within the dwelling designed to accommodate all normal cooking, sleeping and sanitation needs of the residents.
EASEMENT: A right of use for a stated purpose, falling short of ownership, granted by a property owner to the public or to another person and restricting the property owner's use of the property by prohibiting the construction of any permanent building or structure over the easement and by prohibiting any other stated restriction of use.
ENGINEER: A professional engineer registered in the state of Idaho.
EQUESTRIANWAY: A public way designed to be used for horseback riding. (Ord. 2012, 7-6-1981)
FACADE MOUNTED: Directly attached or affixed to the elevation of a building, tank, or other structure. (Ord. 2678, 1-16-2001)
FARM: An area twenty (20) acres or more in the area of impact which is being used for the purpose of producing food, fiber, seed stock, fodder or oil producing crops. (Ord. 2012, 7-6-1981)
FEEDLOTS AND DAIRIES: A parcel or parcels of land under the same ownership or management with more than five (5) animals per acre or a total of fifty (50) animals, whichever is less. (Ord. 2275, 7-17-1989)
FINISH FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "finish floor".
FLOOD INSURANCE RATE MAP: The official map on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 2012, 7-6-1981)
FLOOD OR FLOODWATERS: A temporary overflow of water on lands not normally covered by water. (Ord. 2045, 7-6-1982)
FLOODPLAIN: The relatively flat areas or lowlands adjoining the channel of a watercourse, or areas where drainage is or may be restricted by manmade structures which have been or may be covered partially or wholly by floodwater, but shall compose an area not less than that area confined by the 50-year flood and shall not exceed that area confined by the 100-year flood. (Ord. 2012, 7-6-1981)
FLOODPLAIN REGULATIONS: The codes, ordinances and other regulations relating to the use of land and construction within the channel and floodplain areas, including zoning ordinances, subdivision regulations, building codes, housing codes, setback requirements, open area regulations and similar methods of control affecting the use and development of the areas.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). (Ord. 2045, 7-6-1982)
FREESTANDING TOWER: A tower not physically attached to a building or structure. A tower is attached to the ground by a foundation. (Ord. 2678, 1-16-2001)
FRONT: The front of a building shall be the wall so designated by the building official which best conforms to the intent of this title. The front property line shall be the lot line most nearly parallel to the front of a building. In designating the front of a building, the building official shall base his decision on the location of the door which provides the principal access into the building and/or the location of the trafficway which provides the principal access to the property. The decision of the building official may be appealed to the city council for interpretation of the intent of this title and final determination of the designated front.
FRONTAGE, ENTIRE: All the property fronting on one side of a street between intersecting streets, or between a street and right of way, waterway, end of dead end street or city boundary, measured along the street line. An intersecting street shall determine only the boundary of the frontage on the side of the street which it intersects.
GARAGE, ATTACHED: A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
GARAGE, DETACHED: A garage which is completely surrounded by open space.
GARAGE, PRIVATE: A building or a portion of a building in which only motor vehicles used by the tenants of the building on the premises are stored or kept.
GOVERNING AUTHORITY: The city council of the city of Twin Falls, Idaho. (Ord. 2110, 7-16-1984)
GOVERNMENT OPEN STORAGE YARD: Storage of vehicles, equipment, and materials accessory to the operation of an owned or leased governmental facility. (Ord. 3088, 2-2-2015)
GOVERNMENTAL FACILITIES: Facilities operated or occupied by a governmental agency for the benefit of the general population. (Ord. 2379, 6-15-1992)
H-1 AND H-7(2) FACILITIES: Facilities for storage, handling, use or sale of hazardous and highly flammable or explosive materials other than flammable liquids as defined by the edition of the building code most recently adopted by the city council. (Ord. 2620, 8-2-1999)
HEIGHT: The vertical distance measured from the highest point of the top of the curb or future curb adjacent to the subject property. (Ord. 2124, 10-15-1984)
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision or portion thereof having an average slope of ten percent (10%) or more.
HISTORIC SITES: Sites established by the city, county, state or federal government as historic monuments that should be preserved. (Ord. 2110, 7-16-1984)
HOME OCCUPATION: A service, excluding daycare, offered by the resident of a household unit or the sale of items handcrafted on the premises by the resident of a household unit providing the service, sale or handcrafting is performed only by the resident therein and providing the area used in performing the home occupation does not exceed four hundred (400) square feet in area and providing there is no exterior indication of the home occupation. Services which generate no traffic to the premises or which use no vehicles which would not normally be found incidental to a residential use shall be exempt from this definition. In the C1, M1 and M2 zones, only existing on site residences may be used for home occupations. (Ord. 2741, 11-4-2002)
HORTICULTURAL SERVICES: Services which support horticultural activities such as quality control laboratories and soil and chemistry testing. (Ord. 2550, 6-2-1997)
HOSPITAL: An institution providing health services, primarily for inpatient and medical or surgical care of sick or injured, including outpatient departments, training facilities, central service facilities and staff offices. Hospitals are assumed to be for humans unless otherwise indicated.
HOTEL: Any building containing six (6) or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. (Ord. 2110, 7-16-1984; amd. Ord. 2227, 12-21-1987)
HOUSEHOLD: An individual or two (2) or more individuals related by blood, marriage, legal adoption or guardianship, together with any servants, not to exceed ten (10) persons, or a group of four (4) or less persons who are unrelated and reside together for more than thirty (30) days. (Ord. 2710, 12-3-2001)
HOUSEHOLD BUILDING: A single building containing one or more household units.
HOUSEHOLD UNIT: A room or group of rooms within a building containing cooking and bathroom facilities intended for use and occupancy by one family.
ILLUMINATED SIGN: A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments. (Ord. 2110, 7-16-1984; amd. Ord. 2227, 12-21-1987)
IN HOME DAYCARE SERVICE: Daycare service in a home in which the provider lives full time and is the main on site caregiver of the service. (Ord. 2850, 2-21-2006)
INDOOR RECREATIONAL FACILITY: A building in which recreational activities such as ice or roller skating, bowling, dancing, card games, swimming, tennis, video games, billiards, bingo and other similar activities take place. (Ord. 2550, 6-2-1997)
LARGE SCALE DEVELOPMENT: A subdivision which consists of sixty (60) or more lots or dwelling units or which contains forty (40) acres or more. (Ord. 2140, 3-18-1985)
LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section. Roof mounted towers not exceeding two feet (2') in width in any cross section and not exceeding fifty feet (50') in height shall not be considered lattice towers. (Ord. 2700, 7-16-2001)
LESSEE: A person holding a legally enforceable lease.
LINE, BUILDING: One of four (4) perpendicular lines established by the building official for the purpose of measuring setbacks. The lines shall be established parallel to the predominate building walls and shall pass through the most exterior point on the building walls, excluding architectural features not intended for occupancy.
LINE, PROPERTY: The legal boundary of a parcel of real property.
LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT: Unless otherwise defined, a parcel of land with sufficient size to meet the minimum requirements of this title for use, dimensional standards and off street parking and which is owned by a single person with a separate interest or a group of persons with a separate interest together with an interest in common in the real property.
LOT AREA: The total area of a lot measured on a horizontal plane within the boundary lines exclusive of public and private roads, and easements of access to other property.
LOT, CONDOMINIUM: For the purposes of a condominium, a lot shall be the farthest exterior boundary of the real property upon which the project is situated.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets.
LOT, DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
LOT, INTERIOR: A lot other than a corner lot.
LOT, PLATTED: A lot or individual parcel shown on a plat.
LOT, REVERSED CORNER: A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot to its rear.
MAINTENANCE EASEMENT: An easement granted for the purpose of providing access for repair and maintenance of the appurtenant property in zero lot line subdivisions.
MANAGEMENT BODY: A person or group of persons created in accordance with this title to manage a development and maintain all common areas.
MANAGEMENT BODY (CONDOMINIUM): Any person or persons managing a project, and includes the condominium owners acting themselves, a corporation or association of which the owners are members or stockholders, a body of governors or directors elected by the owners, or a management agent selected by the owners, corporation or association, or by the board, or named in the declaration. (Ord. 2110, 7-16-1984)
MANUFACTURED HOME: A structure built since June 15, 1976, that bears the seal of HUD indicating it has met the mobile home construction and safety standards of the United States department of housing and urban development (HUD standards) and is used as a permanent dwelling. Manufactured homes shall comply with the following development standards:
(A) Shall be at least twenty four feet (24') wide, with a minimum floor area of nine hundred sixty (960) square feet.
(B) Shall have a nonmetallic, wood shake or asphalt shingle roof with a minimum slope of three to twelve (3/12) and a minimum six inch (6") eave.
(C) Shall have horizontal aluminum, simulated wood or wood siding.
(D) Shall have a foundation fascia that is similar in appearance and durability to the masonry foundation of site built dwellings and which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.
(E) Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.
(F) Shall obtain a building permit from the city building department to ensure that the manufactured home is placed on site to HUD standards set forth in circular letter 2-83, dated April 8, 1983, published by the Boise service office of HUD regulating the perimeter foundation, the anchoring of the structure to its foundation and other building requirements. (Ord. 2526, 5-20-1996)
MANUFACTURING USE: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery, but excluding home occupations, activities creating products in which the process does not yield any vapor, liquid or solid waste materials, and crafts made in conjunction with retail business which may include, but not be limited to, ceramics, mosaics, fabrics, jewelry, leather goods, silk screening, dress designing, sculpturing and wood carving.
MARQUEE: A permanent roofed structure supported by the main building and projecting over a public way. (Ord. 2012, 7-6-1981)
MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the city and its area of impact. (Ord. 2678, 1-16-2001)
MOBILE HOME: A structure of over four hundred (400) square feet in interior area that is transportable in one or more sections, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; not to include recreational vehicles or travel trailers. (Ord. 2045, 7-6-1982)
MOBILE HOME PARK: Any tract of land that is divided into rental spaces under common ownership or management for the purpose of locating two (2) or more mobile homes for dwelling purposes. (Ord. 2347, 9-3-1991)
MOBILE HOME, TEMPORARY: A nonself-propelled vehicle of less than four hundred (400) square feet interior area designed, constructed or intended for temporary residential use.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe, or iron steel rods, used to identify any tract, parcel, lot or street lines, as specified in section 50-1303 Idaho Code.
MULTIPLE OCCUPANCY BUILDING: A building containing more than two (2) businesses or households. (Ord. 2012, 7-6-1981)
NONCONFORMING BUILDING: A building or structure not conforming to the provisions of this title but which was lawfully existing or under construction at the time of the adoption of this title.
NONCONFORMING USE: A use not conforming to the provisions of this title but which was lawfully existing at the time of adoption of this title. (Ord. 2140, 3-18-1985)
NONRESIDENTIAL USE: Any structure, activity, or use not included in the definition of "residential use" contained in this section. A home builder model home, temporary sales trailer, and an apartment leasing office are included in this definition. (Ord. 2957, 12-8-2008)
OFF PREMISES SIGN: A sign mounted on property other than that occupied by the use being advertised by said sign. This definition shall exclude signs located within an approved ZDA advertising a nonresidential use or nonresidential uses located within that ZDA and approved as part of a master sign plan through the ZDA process. (Ord. 3082, 12-8-2014)
ON PREMISES SIGN: A sign mounted on property that is occupied by the use being advertised by said sign. (Ord. 2957, 12-8-2008)
100-YEAR FLOOD: The highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a 1 percent chance of occurring each year). (Ord. 2045, 7-6-1982)
OPEN SPACE: An area retaining a natural ground cover free of any buildings, structures, streets or parking areas.
ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, or an unplatted contiguous parcel of land held in one ownership and of record at the effective date hereof. In cases of "unrecorded matters of fact", the commission shall use its best judgment to determine a fair designation.
ORPHANAGE: A rooming house or residence hall occupied by orphaned children.
OWNER: Any person or group of persons having legal title to real property which is subject to this title.
PARKING SPACE, AUTOMOBILE: An enclosed or unenclosed surfaced area of not less than twenty feet by nine feet (20' x 9') in size, together with access and maneuvering space sufficient to permit a standard automobile to be parked within the surfaced area, permanently reserved for the temporary parking or storage of one automobile. The total space shall be not less than two hundred seventy (270) square feet.
PATIO, COVERED: See definition of Carport, Attached.
PEDESTRIANWAY: A public way designed to be used as a walkway for pedestrians.
PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk which guarantees that the subdivider will perform all actions required by the governing body regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PERMANENT: Not less than six (6) months.
PERSON: Any individual or any corporation, joint venture, limited partnership, partnership, firm, association, trustee or other similar entity or organization.
PICK UP SHELTER: A structure used only by persons waiting for public transportation.
PLAT: The drawings, certifications, descriptions and approvals of a division or proposed division of real property into two (2) or more lots, blocks, parcels, sites, plots, units, common areas, limited common areas or other descriptive designations of real property for the purpose of offering for sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions to any person having a separate interest or an individual interest in common together with a separate interest in any or all of the real property. All as set forth by Idaho Code.
PORCH: A covered entrance to a building. (Ord. 2012, 7-6-1981)
PREMISES: A parcel of land or contiguous parcels of land with their appurtenances and buildings which are under one ownership or control. (Ord. 2124, 10-15-1984)
PRIVATE: Belonging to an individual or group of persons and not for the public or open to the public.
PRIVATE WAY: Any right of way or easement dedicated or platted across real property owned by the person dedicating or platting the private way and intended for the general or special use of a person or persons rather than the general public. (Ord. 2012, 7-6-1981)
PROFESSIONAL SERVICES: Services offered by persons engaged in the legal, engineering, architectural, design, planning, accounting, banking, auditing, and related professions. (Ord. 2550, 6-2-1997)
PROHIBITED SIGN: Any sign listed in section 10-9-10 of this title, signs that do not comply with this or other applicable ordinances, and signs that are otherwise prohibited. (Ord. 2957, 12-8-2008)
PROJECT: A development.
PROJECT (CONDOMINIUM): The entirety of the property divided or to be divided into condominiums.
PROPERTY (CONDOMINIUM): The land described in the declaration recorded, together with any building, improvement or structure thereon, and every easement or right appurtenant thereto, and all personal property intended for use in connection therewith or for the use, benefit or enjoyment of the condominium owners.
PUBLIC: Owned by federal, state or local government or subdivisions thereof. (Ord. 2012, 7-6-1981)
PUBLIC VIEW: A view from any public or city right of way or access easement. (Ord. 2957, 12-8-2008)
PUBLIC WAY: Any right of way or easement dedicated or platted across real property owned by the person dedicating or platting the public way and intended for the general or special use of the public; or any right of way or easement legally obtained by the city through the use thereof providing such public way has not been vacated by the city council.
REAL PROPERTY: Real estate consisting of: a) lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer; b) that which is affixed to land; and c) that which is appurtenant to land.
REAR: The rear of a building and rear property line shall be the wall and lot line most nearly parallel to the front wall and lot line. (Ord. 2012, 7-6-1981)
RECREATIONAL VEHICLE AND CAMPING PARK: Any tract of land that is divided into rental spaces under common ownership or management for the purpose of locating recreational vehicles, travel trailers or tents for dwelling purposes for a period not to exceed six (6) months. (Ord. 2550, 6-2-1997)
RELIGIOUS FACILITIES: A building intended for the worship of a God and its related facilities such as meeting halls, a household unit for persons employed in the building, and schools for religious teachings.
RELIGIOUS QUARTERS: A rooming house or residence hall occupied by persons employed by a single religious organization.
REPRODUCIBLE DRAWING: A permanent drawing prepared in black india ink or an archival photographic image process conforming to the standards established by the American National Standards Institute on a polyester material four-thousandths of an inch (0.004") thick with a matte finish.
RESERVE STRIP: A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESIDENCE HALL: A building without cooking facilities where one or more rooms without cooking facilities are occupied by separate households for more than thirty (30) days without board.
RESIDENTIAL HOTEL: A residence hall or rooming house having one or more rooms occupied by separate households where more than seventy five percent (75%) of the households reside for more than thirty (30) days. (Ord. 2012, 7-6-1981)
RESIDENTIAL USE: Any detached single-family, attached single- family, duplex, townhome, condominium, multi-family, agricultural, or other structure, activity, or use occupied or operated primarily to provide the cooking, sleeping, and sanitary needs of an individual or family. (Ord. 2957, 12-8-2008)
RETENTION FACILITY: Those methods or devices that collect and hold the stormwater runoff for dissipation through infiltration and/or evaporation. (Ord. 2481, 5-1-1995)
RETIREMENT HOME: A rooming house or residence hall occupied by retired persons.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way, which normally includes streets, sidewalks and other public utilities or service areas.
ROOF PROJECTIONS: Chimneys, smokestacks, church spires, flagpoles, radio and television antennas or towers, masts, cooling towers, elevator shafts and other similar projections.
ROOMING HOUSE: A building with common cooking facilities having one or more rooms without cooking facilities occupied by separate households for more than thirty (30) days with or without board.
SANATORIUM: A private hospital, whether or not such facility is operated for profit.
SCHOOL: Any place primarily used for teaching.
SERVICE BUILDING: A permanent building or buildings designed to provide service facilities to the inhabitants or users of any development.
SERVICE ROAD: A dedicated minor way which is used for vehicular access to back or side of residential property otherwise abutting on a street.
SERVICE STATION: A building or portion thereof and land used for supplying fuel, oil and minor accessories for motor vehicles at retail direct to the customer and for making minor emergency repairs. (Ord. 2012, 7-6-1981)
SETBACK: The distance from a property line, centerline, canyon rim, right of way, or structure within which a building is prohibited. (Ord. 2620, 8-2-1999)
SHELTER HOME: Building or facility however named, operated on either a profit or nonprofit basis for the purpose of providing a home with necessary supervision for three (3) or more persons not related to the owner and who are unable to care for themselves.
SIDE: The side of a building and side property line shall be the wall and lot line most nearly perpendicular to the front wall and lot line. (Ord. 2012, 7-6-1981)
SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. This definition includes the signs defined herein. (Ord. 2957, 12-8-2008)
SPECIAL USE PERMIT: A permit granted by the commission for a permanent use that is otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.
SPORT SHOOTING RANGE: Shooting range as defined by Idaho State Statute 55-2604, or as amended, an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or other similar sport shooting.
SPORTING VEHICLES: Travel and tent trailers not over eight feet (8') wide or thirty two feet (32') long and capable of being towed with safety behind a passenger vehicle, campers designed to be mounted on a pickup truck, boats and accessories, recreational type snow machines required to be licensed under the laws of the state of Idaho and having a maximum seating capacity for three (3) persons and motorcycles and related items designed to be used off the highway system.
STANDARD SPECIFICATIONS: The specifications as specified in this title or as officially adopted by the city council.
STATE: State of Idaho. (Ord. 2012, 7-6-1981)
STORMWATER: Stormwater runoff, snowmelt, and surface runoff and drainage. (Ord. 2481, 5-1-1995)
STREET: A right of way which provides access to adjacent properties, the 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.
(A) Alley: A minor street providing secondary access at the back of a property otherwise abutting a street.
(B) Local: A street which has the primary purpose of providing access to abutting properties.
(C) Collector: A street designated for the purpose of carrying traffic from local streets to other collector streets and/or arterial streets.
(D) Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
(E) Loop: A local street with both terminal points on the same street of origin.
(F) Cul-De-Sac: A street connected to another street at one end only as provided with a turnaround space at its terminus.
(G) Frontage: A local street parallel to and adjacent to an arterial street to provide access to abutting properties.
(H) Partial: 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.
(I) Stub Street: A street which terminates without provisions for a turnaround area.
(J) Half Street: A street comprised of one-half (1/2) of the width required to conform with a standard city street section.
(K) Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STREET GRADE: The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. (Ord. 2012, 7-6-1981)
STRUCTURES: 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, but exclude utility poles and streetlights. (Ord. 2999, 1-24-2011)
SUBDISTRICTS, BASIC AND SECONDARY: A zoning designation that provides flexibility for the development of a homogeneous unit without compromising the health, safety or general welfare of the community.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this title. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient property rights in the property to represent the owner. (Ord. 2012, 7-6-1981)
SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts for the purpose of transfer of ownership or development; which shall also include the dedication of public streets and other rights of way and the addition to, or creation of, a cemetery. However, this title shall not apply to any of the following:
(A) An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat;
(B) The unwilling sale of land as a result of legal "condemnation" as defined and allowed in the Idaho Code 1 ;
(C) Widening of existing streets to conform to a comprehensive plan;
(D) The acquisition of a street right of way by a public agency in conformance with a comprehensive plan; and
(E) The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. (Ord. 2901, 4-16-2007)
SURVEYOR: A land surveyor or professional engineer registered in the state of Idaho. (Ord. 2012, 7-6-1981)
THEATER, OUTDOOR: An open developed lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures, theatrical or musical productions/concerts, on a paid admission basis, to patrons seated in automobiles or on outdoor seats or on the ground. (Ord. 2016-5, 3-7-2016)
TOTAL STRUCTURE (CONDOMINIUM): The structure within which is contained all of the units of the condominium.
TOURIST COURT: A group of attached or detached buildings containing individual sleeping or living units designed for, or used temporarily by, automobile tourists or transients, with parking spaces conveniently located to each unit and including auto courts, motels or motor lodges.
TOWNHOUSE: A single-family dwelling with party walls and no side yards between abutting dwellings.
TRAFFICWAY: A public way or a private way whose primary use is for movement of motorized vehicles.
TRAILER, CAMP CAR OR TRAILER HOUSE: Any unit used for living or for sleeping purposes which is equipped with wheels or similar device used for the purpose of transporting said unit from place to place, whether by motor power or other means, and such vehicles that are used as aforesaid that have had the wheels or equipment removed.
TRANSIENT LODGING: A rooming house or residence hall having one or more rooms occupied by separate families where less than seventy five percent (75%) of the families reside for more than thirty (30) days. (Ord. 2012, 7-6-1981)
UNATTENDED VEHICLE: A vehicle parked for more than twenty four (24) hours in one location. (Ord. 2045, 7-6-1982)
UNDEVELOPED: An undeveloped property is a property for which a certificate of occupancy has not been issued to occupy a building on the property. (Ord. 2957, 12-8-2008)
UNIT: A separate interest in real property in a condominium or townhouse ownership.
UNPLATTED AREA: Any area that has not been subdivided according to law.
USE: An activity or purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. (Ord. 2012, 7-6-1981)
UTILITY POLE: A telephone, power, light, cable television, or flag pole. Light poles shall include street, stadium and security light poles. (Ord. 2678, 1-16-2001)
VARIANCE: A modification of the requirements of this title. (Ord. 2012, 7-6-1981)
VEHICLE: Any device in, upon, or by which any person or personal property is or may be transported. (Ord. 2957, 12-8-2008)
VICINITY MAP: A drawing which sets forth by dimensions or other descriptive means the relationship of a proposed development to other nearby developments, trafficways or other landmarks within the general area in order to better locate and orient the area in question.
WALL: The full width or length of a building, including recessed windows or doors. (Ord. 2012, 7-6-1981)
WIRELESS COMMUNICATIONS FACILITY: A facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, and other facilities. (Ord. 2773, 12-15-2003)
YARD: An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. (Ord. 2012, 7-6-1981)
YARD, FRONT: A yard extending between side lot lines across the front of a lot and from the front lot line to the nearest part of a building, excluding architectural projections. Any street frontage is considered a front yard. (Ord. 2620, 8-2-1999)
YARD, REAR: A yard extending between side lot lines across the rear of the lot and from the rear lot line to the rear of the principal building, excluding architectural projections.
YARD, 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, excluding architectural projections.
ZERO LOT LINE: A line created by the placement of a building line upon a side lot line or the creation of a side lot line which bisects a common wall. (Ord. 2012, 7-6-1981)
ZIP LINE: An aerial trail system providing recreation and education activity that preserves and protects the natural environment and habitat by enabling people to traverse terrain by means of cable and trolley. (Ord. 2997, 12-13-2010)
ZONING DEVELOPMENT AGREEMENT: A written commitment by a property owner or developer concerning the use or development of a subject parcel. A zoning development agreement may be required as a condition of rezoning and/or development of a subject parcel when a property is located adjacent to major arterial or collector streets and/or where a variety of uses may be desired in a preplanned environment with more flexible standards than normally apply to the use of land in a standard zoning district. (Ord. 3082, 12-8-2014; amd. Ord. 2021-010, 5-3-202)
Notes
| 1 | 1. See section 10-17-1 of this title. |
| 2 | 1. See section 10-17-2 of this title. |
| 1 | 1. IC § 7-701 et seq. |