Except as defined hereafter, any terms not defined herein shall be given the meanings ordinarily applied to such words as used in zoning terminology:
ACCESSORY BUILDING: A building subordinate to the use of the principal building on the same lot.
ACCESSORY DWELLING UNIT (ADU): Secondary living unit on a single-family lot. An ADU contains its own kitchen, sleeping area, and bathroom facilities. ADUs can be attached or detached from the primary residential unit. ADUs are subordinate in size, location, and appearance to the primary dwelling unit. ADUs are commonly referred to as mother-in-law apartments, ECHO homes (elder cottage housing opportunities), guest cottages, caretaker cottages, garden cottages, carriage houses, or rental units.
ACT: The local planning act of 1975 as hereinafter amended set forth in Idaho Code title 67, chapter 65.
ADJACENT LANDOWNERS: Any person who has legal ownership of property, as filed in the office of the Valley County recorder, within three hundred feet (300') of the boundaries of the parcel or use for which a permit application has been filed. Landowners adjacent to proposed land use changes would be notified in accordance with subsection 9-5H-6B of this title.
ADMINISTRATIVE FEES: The fees charged any applicant for any permit for all reasonable administrative and other costs heretofore or hereafter incurred directly or indirectly by the county in processing the application and monitoring the construction, maintenance, and completion of all or part of the permit.
ADMINISTRATOR: The administrator of this title (see definition of Staff).
AFFECTED PERSON: Any person having an interest in real property which may be adversely affected by the issuance or denial of a permit, variance, or other action of the staff, commission, or board in regard to provisions of this title.
AFFORDABLE HOUSING: See definition of Community Housing.
AGRICULTURAL BUILDING: Any building to be used for agricultural purposes, placed on agricultural land of five (5) acres or more, categorized as agricultural by the Valley County assessor's office, and which is not intended for human habitation (including pump houses, barns, toolsheds, storage buildings, etc.) or as determined to be a bona fide agricultural use by the Valley County planning and zoning commissioners.
AGRICULTURAL USES: Farming; dairying; pasturage; cultivation; tillage; horticulture; floriculture; silviculture; viticulture; vermiculture; and animal, poultry, and fish husbandry as the principal land use and the necessary accessory uses for packing, treating, or storing the produce. Agricultural uses shall not include commercial riding stables, racetracks, slaughterhouses, plants, factories, works for the reduction of animal matter, or commercial poultry, kennels, or feedlots.
AIRPORT: A public facility used for the accommodation, servicing, landing, and take off of aircraft.
AIRPORT VICINITIES: An area of land as defined by the FAA and in chapter 6 of this title surrounding an airport.
AIRSTRIP: A private facility used for the accommodation, servicing, landing, and take off of aircraft.
APARTMENT: A multi-family residential complex; all units are owned by a single person, group of people, or corporation, and rented or leased to individuals.
APPLICANT: Any owner of land or an authorized representative; or an individual or group who has a legal or equitable interest in the land; and, who files an application for a permit, variance, or appeal in accordance with the requirements of this title.
BEST MANAGEMENT PRACTICES: A. The exercise of judgment and care under the circumstances then prevailing, which men of prudence and discretion exercise in the management of their own affairs.
B. Best management practices for water quality and the improvement thereof is the state of the art practices in engineering, planning, or administration to prevent or reduce runoff pollutants 1 .
BOARD: The Valley County board of county commissioners.
BOND: A contract between the applicant and the county in which the applicant guarantees that he will perform certain requirements of any permit under this title. The contract shall require the applicant to secure performance of the contract by surety, cash, collateral, or other consideration sufficient to assure either performance or reclamation of any act or acts authorized by the permit. This contract includes, but is not limited to, performance, reclamation, contractors, material man indemnification or other bond assuring the performance of applicant under any permit and the payment of all labor and material in the performance of any work provided to or for the benefit of the applicant under any permit. Any bond would require an A+ Bests rating. In the discretion of the board, the principals of such a bond may be required to include the real parties in interest such as officers, directors, shareholders or partners.
BUILDING: Any permanent structure over three feet (3') in height built for the shelter or enclosure of persons, livestock, materials, equipment, etc.
BUILDING OFFICIAL: The Valley County building official.
BUSINESS: Any retail or wholesale store, professional office, or similar kind of commercial establishment.
CAFO (CONCENTRATED ANIMAL FEEDING OPERATION OR CONFINED ANIMAL FEEDING OPERATIONS): See definition in Idaho Code section 67-6529C. All CAFOs are subject to Idaho Code section 67-6529.
CENTRAL SEWAGE TREATMENT FACILITY: Any plant, lagoon, or system, other than an approved individual modified septic tank, drain field, or pit privy, for receiving, treating, and disposing of sewage.
CHURCH BUILDINGS OR CAMPGROUNDS: Any structure or property which is directly used for exempt purposes and is owned by any church which is qualified as an organization exempt from income tax or operated by a body or organization of religious believers for the purpose of practicing their faith.
CLUSTER DEVELOPMENT: A subdivision or other development planned and constructed so as to group structures or lots into relatively concentrated and contiguous areas while providing a unified network of open space, wooded area, recreational or agricultural land.
COMMERCIAL: Any use, which involves the sale of products or services, or receipt of money, goods, or services in trade for the benefit of the use.
COMMISSION: The Valley County planning and zoning commission.
COMMON OPEN SPACE: Common use by all property owners within the subdivision including permanent viewsheds, golf courses, conservation easements, or other like uses that also meet the definition of Open Space.
COMMON OWNERSHIP: The joint and simultaneous ownership of a piece of property by the owners of separate parcels or units within a development.
COMMUNITY HOUSING: Housing which is restricted as to occupancy, sale price, and/or rental rates and which is intended for purchase, rental, and occupancy by persons and families who are or were employed within Valley County, Adams County, and/or their municipalities.
COMPREHENSIVE PLAN: A compilation of goals, objectives, maps, and other data guiding the physical, social, and economic development, both public and private, of the county and its environs as defined in the local planning act of 1975, and adopted by resolution of the Valley County commission or as hereafter amended.
CONDITIONAL USE: Any use as defined by this title which, because of its potential incompatibility with adjacent or traditional uses, is subject to review by the commission and public comment at a public hearing to best ensure compatible land uses.
CONDOMINIUM: A development in which individual dwelling units are platted and owned or are intended to be owned in severalty, while the land and at least the structural components and exterior surfaces of the buildings are owned in common by the owners of the dwelling units.
COUNTY ENGINEER: A registered professional engineer in the state of Idaho appointed by the board who is responsible for the administration of engineering matters of the county including public works facilities as ordered by the board.
COUNTY SURVEYOR: The registered professional land surveyor in the state of Idaho appointed by the board to check plats, and make surveys, maps, and plats as ordered by the board.
CROP CULTIVATION: Any act designed to improve and prepare the land or loosen or dig soil around growing plants for agricultural purposes.
CROP HARVESTING: Any act done for the gathering of crops of any kind.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated only when accepted by the board as public dedication, either by the passage of a county ordinance or by entry of a resolution of approval in the official minute book of the meetings of the board.
DEED RESTRICTION: A recorded document running with the land, which may, among other uses, regulate the conditions under which a community housing unit may be sold, occupied, or otherwise utilized.
DENSITY: Number of residential lots or dwelling units per acre of land.
DEVELOPMENT: Any grading, vegetation removal, construction activity, or any other activity which changes the existing character or use of the land or has any impact on adjoining properties.
DEVELOPMENT AGREEMENT: A contract between the applicant and the county to assure performance of the applicant on any permit and for the payment of any impact fees, bonds, reimbursement fees, or other duties and obligations of the applicant related to the permit.
DITCH: A long narrow excavation dug in the earth for drainage or irrigation.
DIVISION OF LAND: The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to or possession of a portion of the tract, or by properly recording a deed or subdivision plat establishing the identity of the segregated parcels.
DWELLING UNIT: The descriptive unit of measure for determining residential use and density. It may be a single building or part thereof which provides for the full living facilities of one or more persons. Includes:
A. Single-family detached dwelling.
B. Single-family attached or clustered multi-unit component such as a duplex or condominium.
C. Mobile home, travel trailer, recreational vehicle or preconstructed modular unit on any sort of foundation, which meets the above criteria.
D. Recreational Vehicle that is placed on any sort of foundation, if the wheels have been removed, and is not licensed for over the road travel; and, which meets the above criteria. If on a foundation or wheels have been removed, a license for over the road travel does not relieve the RV from meeting the definition of Dwelling Unit.
E. Three Recreation Vehicles equate to one dwelling unit for density calculations.
DWELLING UNIT EQUIVALENT: A single building or part thereof that provides for partial living facilities but excludes cooking and laundry facilities within the individual living spaces. Includes:
A. One-half (1/2) dwelling unit where food preparation and dining facilities are not provided on site as part of the development, and laundry facilities are provided as a service only.
B. One-third (1/3) dwelling unit equivalent where food preparation, dining and laundry services as well as meeting and other public spaces are included on site as part of the development.
The above shall not exclude a microwave oven, coffeemaker and/or small, undercounter refrigerator such as is provided in a hotel/motel application that is not intended for long term continuous stay.
EASEMENT: A right to the use of land, other than as a tenant, for a specific purpose by someone other than the owner who holds title to the land.
ENGINEER: A professional engineer registered in the state of Idaho.
EQUITABLE INTEREST: An interest in land or the structures appurtenant thereto through a deed, contract of sale, or an option to buy.
EVIDENCE: Any map, table, chart, contract, document, video or audio recording or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evidence must be relevant and competent and must support the position maintained before the commission.
EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Lights that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this title. Exterior lighting does not include emergency or warning lights on vehicles.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a rooming house, club, or hotel.
FEEDLOT: The operation or maintenance of a commercial stockyard where consigned livestock are fed concentrated feeds, particularly for the purpose of fattening for market (see definition of CAFO [Concentrated Animal Feeding Operation Or Confined Animal Feeding Operations]).
FEES, IMPACT: The fees authorized by the state of Idaho statutes for those services provided by the county or other local taxing agencies which would otherwise be funded by tax revenues. The fees shall be reasonably related to, but shall not exceed, the actual cost of the service rendered. The fees shall be in cash or other consideration that may be negotiated with an applicant.
FEES, REIMBURSEMENT: Any applicant for any permit involving a planned unit development which is residential or multiuse, subdivision, cluster development, condominium, or any other proposed change in use which significantly alters the characteristics of the existing use shall be required to pay a reimbursement fee to the county for all reasonable administrative and other costs heretofore or hereafter incurred directly or indirectly by the county in processing the application and monitoring the construction, maintenance, and completion of all or part of the permit. These fees may be adopted by resolution.
FINAL PLAT: A map for recording of real estate interests with the county recorder prepared by a registered professional land surveyor and conforming to the requirements of the subdivision regulations, adopted April 29, 1970, as amended.
FLOODPLAIN: An area of land adjacent to a stream which is subject to special flood hazards defined in county ordinance 90-3 adopted August 27, 1990 2 .
FRACTIONAL OWNERSHIP OR TIMESHARES: The right to exclusive use of a unit which rotates among participants in a program on a fixed or floating time schedule over a period of years; or operation of a reservation or time use system among co-owners of a unit, regardless of whether or not any co-owner may later opt out of the system and regardless of whether the reservation or time use system is recorded or unrecorded, fixed or floating. Unit must have over five (5) owners or participants to be considered as a fractional ownership or timeshare. Relatives shall be considered one owner.
GENERAL SUBMISSION: All maps, reports, certifications, agreements, or other information drawn and submitted in accordance with the requirements of this title, to permit evaluation of the concept and feasibility of the development. This submission applies to all permit applications. General submission includes preliminary plat and site plan submissions.
GLARE: Stray, unshielded 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.
GRADIENT: Refers to an incline from the horizontal plane which may be expressed as "percent slope" or "slope ratio"; a fifteen percent (15%) slope is equal to a fifteen foot (15') rise within a one hundred foot (100') horizontal distance.
HALFWAY HOUSE OR HOME: Any building used for the purpose of housing persons under the custody of any county or the Idaho state board of corrections as a prisoner for the violation of a criminal offense for the purpose of rehabilitation or reintegration into society.
HEALTHCARE FACILITY: Hospitals, psychiatric hospitals, tuberculosis hospitals, skilled nursing facilities, intermediate care facilities, kidney disease treatment centers, including freestanding hemodialysis units, ambulatory surgical facilities, birthing centers, community health centers, health maintenance organizations (HMO), independent laboratories, migrant health centers, public health clinics and freestanding emergency care centers.
HEIGHT, BUILDING: The maximum distance, measured vertically at any location within the building footprint, from the lower existing or finished grade level to a point above that grade level equal to the highest roof or parapet surface of a flat roof or to a point halfway between the eaves and ridge or peak of a gable, gambrel, hip, or shed roof.
HELIPAD: Any private property used for a helicopter to land or take off.
HIGH WATER LINE: The line along a stream or other body of water, including reservoirs and canals, below which the water denudes the land of vegetation, or the normal high water level established by engineering design for reservoirs.
HOSPITAL: An institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services, and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons including hospitals owned and operated by the United States government or its agents or the state or its agents.
HOUSING AUTHORITY: See definition of Valley/Adams Regional Housing Authority.
IMPACT FEES: See definition of Fees, Impact.
IMPROVEMENTS: Street pavements, paths, bikeways, sedimentation control facilities, revegetation, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street signs, lights, irrigation canals, landscaping, lot corner monuments, and other such items as may be required for compliance with the regulations of this title.
INDUSTRY, EXTRACTIVE: When mineral deposits and other natural resources are taken out of the ground for use in the business of selling such deposits, or for use in another business, or for use by any department or division of federal, state, county, or municipal government.
INDUSTRY, HEAVY: Any manufacturing, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic which may have a detrimental effect on neighboring property.
INDUSTRY, LIGHT: Warehousing, wholesaling, manufacturing and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself.
KENNEL: An enclosure for the commercial or private boarding or breeding of more than three (3) dogs.
LIGHT POLLUTION: Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, 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.
LIVESTOCK HUSBANDRY: The raising of livestock except for feedlots, commercial poultry operations or kennels.
LOT: A parcel of land shown as an individual unit on the most recent subdivision plat in the county records.
LOT COVERAGE: That portion of a lot that is occupied by the principal building and its accessory buildings, including overhangs, along with any structures requiring a building permit, and other outbuildings.
LUMBER MILL: The site, equipment, and buildings necessary to saw, plane, or mill tree logs into posts, poles, building logs, lumber, dimensional lumber or similar products.
MANUFACTURED HOME: See the Valley County building code.
MITIGATION: Exactions to counteract impacts on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed use.
MOBILE HOME PARK: A parcel of land which has been planned and improved, or which is let, rented, or used for the placement of two (2) or more mobile homes for nontransient dwelling use.
MOBILE HOME SUBDIVISION: A parcel of land subdivided into lots, each lot individually owned or intended for sale, and utilized as the site for placement of a single mobile home and its facilities.
MULTI-FAMILY RESIDENCE: See definition of Residence, Multi- Family.
NONCONFORMING USE: Any structure or use of land, which is inconsistent or not in compliance with the provisions of this title or an amendment hereto, which was in existence on the effective date hereof.
OCCUPANCY: The purpose for which a parcel of land, building, structure, or part thereof is used or intended to be used.
OPEN SPACE: A portion of real property devoid of buildings and other physical improvements, except where accessory to the provision of passive or active recreation, or fish and wildlife habitat improvements, or any natural break which serves one of the following functions:
A. Provides relief from monotonous building arrangements.
B. Conserves or preserves natural, historic and other amenities with social or cultural value.
C. Maintains the natural water table level or preserves wetlands.
D. Roads, parking areas, and unusable strips of land shall not be considered in open space calculations. Open space must be an amenity to the planned unit development. Amenities may include, but are not limited to: parks, play yards, playgrounds, beaches, waterways, ski hills, tennis courts, swimming pools, natural vegetation, gardens, wooded areas, developed recreation areas, ponds over one acre in size, etc.
E. Open space should be contiguous to open space in other developments when possible.
ORIGINAL PARCEL: A lot or tract as recorded on any plat of record on file in the office of the Valley County recorder, a tax parcel that existed at the time of adoption of the subdivision regulations on April 29, 1970, or each one-sixteenth (1/16) of a section held in one ownership and of record at the effective date hereof.
OVERLAY, SPECIAL AREAS: Areas of land as defined by chapter 6 of this title as special overlay subdistricts, meaning that special standards and restrictions apply in addition to those generally required.
OWNER: The legal person or persons owning the fee estate or purchasing same under a real estate contract.
PARCEL: Any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.
PATHWAY: Any sidewalk, route, lane, path, corridor, open space, or trail designated to move people by nonmotorized means for transportation or recreation. Nonmotorized does not include snowmobiles, unless otherwise prohibited.
PERFORMANCE STANDARDS: Land use regulations which control the "effect" rather than the "use" by regulating appearance, design, construction and operation of both on site and off site improvements or activities.
PERMIT: An official document or certificate authorizing performance of a specified activity.
PERMITTED USE: Any use as defined by this title which is not subject to review by the commission nor which requires a public hearing.
PLANNED UNIT DEVELOPMENT: See the definition of a PUD in chapter 9 of this title.
PLAT: A plan of certain described land prepared in accordance with subdivision or other regulations as an instrument for recording real estate interests with the county recorder.
POULTRY: Domestic fowl including, but not limited to, chickens, turkeys, ducks, geese, or other fowl intended for household use or family consumption.
PRIVATE DRIVEWAY: A prescribed vehicular access serving a single private property or residence from either a private or public road.
PRIVATE ROAD: Any access road located on private property or a road so designated on the subdivision plat and by a recorded declaration that is maintained by a property owners' association or corporation in accordance with the specifications of the subdivision ordinance.
PUBLIC ROAD: Any access road located within a right of way dedicated to public use, constructed to county standards, and approved and accepted by the county commissioners in accordance with the subdivision ordinance, or any access road used by the general public for road purposes and maintained at public expense for a period of five (5) years or more.
RS 2477 RIGHTS OF WAY: The rights to cross property to go to and from another parcel. The right of way may be a specific grant of land or an "easement", which is a right to pass across another's land. The easement is itself a real property interest, which has historically been described as a highway and/or an RS 2477. The legal definition of "highway" means not only the often traveled and sometime maintained roads, but also other kinds of public ways including carriageways, bridleways, footways, trails, bridges, and even railroads, canals, ferries, and rivers.
RECREATION BUSINESS: Recreation or athletic activities or facilities open to the general public where fees are charged or dues are required for the use of the facility.
RECREATION, LOW DENSITY: Any recreational site which does not have permanent structures or utilities.
RECREATION, PRIVATE USES: Noncommercial recreation activities or facilities owned privately or by a nonprofit organization intended for the use and enjoyment of the owner or owners.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. See Idaho Code 39-4201(2).
RECREATIONAL VEHICLE CAMPGROUND: A parcel of land under one ownership which has been planned and improved for the placement of two (2) or three (3) transient recreational vehicles for dwelling purposes, including placement on parcels where single family residential uses have also been established. It is specifically for the recreational use of the parcel by friends and family of the property. An administrative permit in accordance with VCC Title 9-4-8 Recreational Vehicle Campground is required. This does not include multiple family groups that are camping on holiday type of weekends.
RECREATIONAL VEHICLE PARK: A parcel of land under one ownership which has been planned and improved or which is let, rented or used for the placement of two (2) or more transient recreational vehicles for dwelling purposes. This does not include the recreational use of the parcel by friends and family of the property so long as an administrative permit in accordance with VCC Title 9-4-8 Recreational Vehicle Campground has been issued.
REFERRAL AGENCY: Any governing body, department, agency, or authorized representative who has jurisdiction over, or a concern about, the use of a parcel of land for which a particular development or activity is being proposed.
REIMBURSEMENT FEES: See definition of Fees, Reimbursement.
RESIDENCE, MULTI-FAMILY: Any building designed to provide complete living facilities for more than one family, or containing more than one separate dwelling unit for sale, rent or lease, or any lot or parcel containing more than one dwelling unit.
RESIDENCE, SINGLE-FAMILY: A detached building constructed on a permanent foundation designed to provide complete living facilities for one family and constituting one dwelling unit.
RESIDENTIAL BUSINESS: A business owned and operated by the occupant of a residence, located on the same lot or parcel as the residence, which retains the residential character. Restrictions will be applied to ensure the residential character is retained. Restrictions may include:
A. Limit on the number of employees working on the premises to a maximum of two;
B. Limit on working hours from 8:00 am to 7:00 pm, Monday through Saturday;
C. Operational requirements to lessen impacts on nearby properties, such as requiring doors and windows to be closed to lessen noise is required;
D. Limit on heavy truck traffic to one visit per day;
E. Limit on traffic volume to two vehicles per day;
F. Limit on the total square feet in any structure or on the percentage of the total property that can be devoted to business use is less than 50%;
G. Limit or prohibition of outdoor storage or display unless screened; and
H. Limit on size or bulk of buildings to be the same as a single family residential type of use.
RESIDENTIAL DEVELOPMENT: A platted subdivision with more than one lot.
RESPITE CARE CENTER: Any facility designated to provide twenty four (24) hour respite care for more than three (3) physically or mentally disabled or handicapped individuals, but not as a continuous living arrangement.
RESTRICTIVE COVENANTS: A private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded. Restrictive covenants are enforceable by the county if used during the conditional use permit process to show compliance with required standards in this title, the subdivision regulations, or any other Valley County ordinance. Valley County will not be an enforcer of covenants unless there is a violation of any of the adopted ordinances. If portions of the CCRs that were used to show compliance with the LUDO were changed, those changes must be approved by staff.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public street, private street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, trails, pathways, or for another special use.
RUNWAY: Any existing or planned, paved surface or turf covered area of an airport which is specifically designed and used or planned to be used for the landing and/or taking off of an aircraft.
SCHOOL BUILDINGS: Any buildings used by an educational institution or organization, including public, private, or parochial academic schools accredited or licensed by the state department of education.
SETBACK: The required distance between every structure and all lot lines on the lot on which structures are located, the required clear distance between structures, or the required distance between structures and features such as water bodies. Setbacks are measured from the eaves or furthest protuberance.
SHALL: Mandatory.
SHELTER HOME: A building or any facility, however named, operated on either a profit or nonprofit basis, for the purpose of providing a home with necessary supervision and facilities for three (3) or more persons not related to the owner who are unable to care for themselves.
SHORT-TERM RENTAL OR VACATION RENTAL: Any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner-occupied residential home that is offered for a fee and for thirty (30) days or less. Short-term rental or vacation rental does not include a unit that is used for any retail, restaurant, banquet space, event center, hotel/motel type lodging, or another similar use.
SHORT-TERM RENTAL MARKETPLACE: A person that provides a platform through which a lodging operator, or the authorized agent of the lodging operator, offers a short-term rental or vacation rental to an occupant.
SITE PLAN: An engineering or architectural drawing of existing and planned conditions to facilitate review and approval of an application before the commission and to guide construction of improvements.
SITE STANDARDS: Land use regulations which control the location, density, or arrangement of structures, utilities, and other site improvements on a parcel of land.
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. Skyglow reduces one's ability to view the night sky.
SLOPE: Refers to an incline from the horizontal plane which may be expressed as "percent slope", "slope ratio" or "gradient", a fifteen percent (15%) slope is equal to a fifteen foot (15') rise within a one hundred foot (100') horizontal distance.
SPECIAL AREAS: Land areas defined by chapter 6 of this title and elsewhere in these definitions or mapped on the county's land use maps as special overlay subdistricts, meaning that special regulations apply in addition to those generally required.
STAFF: Personnel employed by the county to administer this title.
STORAGE: The safekeeping of personal property in any structure.
STREET OR ROAD: Any private or publicly dedicated way which provides a principal means of access to abutting property. The terms "street" and "road" are interchangeable throughout this title.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work, artificially built up or composed of parts joined together in some definite manner.
SUBDIVIDER: An individual, firm, or group who undertakes the subdividing of a lot, tract, or parcel of land for the purpose of transfer of ownership or building development, and including dedication of streets or lot lines.
SURVEYOR: A professional land surveyor registered in the state of Idaho.
TEMPORARY USE: Any use not more than thirty (30) days in duration and related to a specific project or occasion.
TRACT: Any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.
UNDUE HARDSHIP: Special conditions as a result of the geographic characteristics of the site depriving the applicant of rights commonly enjoyed by other property owners under the same terms of this title, but not merely a matter of convenience or profit.
UTILITIES: All water supply, drainage, sewer, gas, electrical, telephone, telegraph, television and other communications lines and related features.
VARIANCE: A grant of relief from certain provisions of this title when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in undue hardship upon the owner as distinguished from a mere inconvenience or inability to receive greater profit.
WETLANDS: Those areas that are within the definition of wetlands as defined by the environmental protection agency and within the jurisdiction of the corps of engineers.
WIND TURBINE, COMMERCIAL: A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height exceeds one hundred fifty feet (150') or the nameplate capacity exceeds one hundred (100) kilowatts. Such wind turbine includes the turbine, blade, tower, base and pad transformer, if any.
WIND TURBINE, HOBBYIST: A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is less than fifty feet (50') and a prop diameter of twelve feet (12') or less.
WIND TURBINE, PERSONAL: A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is between fifty feet (50') and one hundred fifty feet (150') and the nameplate is less than one hundred (100) kilowatts.
WINTER OPACITY: Refers to the amount of wall space, or whatever feature is being screened, that will remain visible from adjoining properties through a mass of tree and shrub branches during the winter season.
WOOD PROCESSING PLANT: The site, equipment, and buildings necessary to convert wood into chips or fibers, or fibers into byproducts such as paper, plywood and particleboard, or to extract byproducts from wood fibers. The manufacturing process that converts wood fibers into pellets for solid fuel heating shall not be considered a wood processing plant. (Ord. 10-06, 8-23-2010; amd. Ord. 11-5, 6-6-2011; Ord. 13-5, 9-16-2013; Ord. 20-05, - -2020; Ord. 20-06, - -2020; Ord. 20-10, - -2020; Ord. 21-08, 6-28-2021)
Notes
| 1 | 1. See: "Handbook Of Valley County Stormwater Best Management Practices". |
| 2 | 1. See title 11, chapter 1 of this code. |