Words not herein defined shall be construed to have the meanings commonly given to them in ordinary usage unless the context clearly indicates another meaning. Certain terms and words are hereby defined as follows for the purpose of this title:
ACCESS, DIRECT: A recorded legal conveyance from the lot to a public road.
ACCESSORY BUILDING: A detached subordinate building, the use of which is customarily incidental to that of the main building, or to the main use of the land, and which is located on the same lot with the main building or use, and not including those buildings defined herein as farm or garden buildings.
ACCESSORY USE: A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
ACRE: Forty three thousand five hundred sixty (43,560) square feet.
ADMINISTRATOR: An official having knowledge in the principles of zoning and building, who is appointed by the board of county commissioners of Washington County, Idaho, to administer this title.
AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development.
AGRICULTURAL BUILDING: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
AIRPORT: Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings.
ANIMAL UNITS: Shall be as defined in section 5-15-2 of this title.
AREA, MINIMUM LOT: The total area within the property lines of the lot, excluding adjacent streets, except as otherwise provided.
BED AND BREAKFAST: A professionally run facility providing up to six (6) guest bedrooms for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A "bed and breakfast" provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area.
BOARD: The board of county commissioners referred to as the "board" in this title.
BOARDING AND ROOMING HOUSES: A building or portion thereof which is used to accommodate, for compensation, three (3) or more boarders or roomers, not including members of the occupant's immediate family, who might be occupying such building. The word compensation shall include payment in money, service or other things of value.
BUILDING: Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind and not including advertising signboards or fences.
BUILDING CODES: See current codes as mandated by the state of Idaho and adopted by the county.
BUILDING HEIGHT: The vertical distance from the grade to the highest point on the roof surface.
BUILDING INSPECTOR: An official of the county, appointed by the board, to inspect and certify compliance with building ordinances adopted by the county.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
CAFO (CONFINED ANIMAL FEEDING OPERATION): See chapter 15 of this title.
COMMERCIAL PACKING SHED FOR FARM CROPS: Packing sheds for fruit, vegetables, hops or other farm crops will be considered commercial for the terms of this title when less than fifty percent (50%) of the farm crops graded or packed are produced by the owner.
COMMUNICATION TOWER: A tower used as a base for any communications antenna, including, but not necessarily limited to, antennas for the following: VHF and UHF television, radio, or PCS or other wireless telephones, fixed point microwave, low power television, or other wireless communications and common carriers. A "communication tower" shall not be considered a utility substation for the purposes of this title and must be approved by a special use permit under conditions as listed in chapter 9 of this title.
COMPREHENSIVE PLAN: The comprehensive plan for the county officially adopted by the board as such.
CONTIGUOUS PARCEL: Any unplatted parcels of land under the same ownership that touch each other. If parcels are separated or divided by roads, highways or streams, they shall still be considered contiguous.
CORRECTIONAL FACILITY: Any facility, public or private, under the control of a competent board or managers and used as a place of detention, correction or punishment.
COTTAGE INDUSTRY: A business, service or profession carried on within a dwelling or an accessory building by members of the immediate family residing therein and/or one employee not residing therein. A "cottage industry" must meet the requirements set forth in subsection 5-14-2M of this title and be approved through a special use permit.
COUNTY COMMISSIONERS: The governing board of Washington County, hereinafter referred to as the "board".
DETENTION CENTER OR FACILITY: A facility, public or private, established for the temporary placement of persons who require secure custody for their own or the community's protection in physically restricting facilities.
DEVELOPMENT AGREEMENT: A written agreement or a written commitment that affects the use or development of a parcel of property that is the subject of a rezone or development request. A written commitment shall also be known as a development agreement.
DEVELOPMENT RIGHT: The rights permitted to a lot, parcel or area of land respecting permissible area, area, density, bulk or height of improvements allowed under this title.
DIRECT ACCESS: See definition of Access, Direct.
DRIVE-IN ESTABLISHMENT: An establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services.
DRIVEWAY: A means of providing vehicular access from a street or private roadway to a residential dwelling.
DWELLING: Any building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, hospitals or similar uses.
DWELLING, MULTIPLE-FAMILY: A building occupied by two (2) or more families living independently of each other but not including motels or hotels.
DWELLING, ONE-FAMILY: A detached building designed exclusively for and occupied by one family.
DWELLING UNIT: One or more rooms in a dwelling designed for or occupied by one family.
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.
FARM, RANCH, AND GARDEN OR AGRICULTURE BUILDINGS: Those buildings and structures used to shelter or enclose livestock, poultry, feed, farm crops, flowers, field equipment, dairy operations or similar uses.
FLOODPLAIN: The relatively flat area or low land adjoining the channel of a river, stream or 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 and floodway fringe as established by the flood insurance study for Washington County. All lands located in such areas must comply with title 7 of this code.
FRONTAGE UPON A PUBLIC STREET: The property physically touches such public right of way. Amount of frontage required is determined by each zone requirement.
GRADE AND OFFICIAL GRADE: Grade (ground level) is the average of the finished ground level at the center of all walls of a building. If walls are within twenty five feet (25') of sidewalk or curb, said ground level shall be measured at the sidewalk or curb. Official grade refers to the grade or elevation established by a civil engineer for the street, curb, sewer or structure considered.
HOME BUSINESS: A business, service or profession carried on within a dwelling where there is no outward evidence of the business, service or profession, said evidence to include, but not be limited to, electrical interference or hazardous conditions as well as the production of noise, vibration, smoke, odors, heat or glare and traffic, parking or congestion problems which would exceed that normally produced by a single residence.
HOMESCHOOL: A place of learning, i.e., the child's home, where a child is being taught by a parent or guardian. The place of learning is not a "homeschool" if the child leaves his/her home to receive instruction from someone else.
HOSPITAL: Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanatoriums, but not including rest homes.
HOTELS AND MOTELS: Any building or portion thereof containing six (6) or more guestrooms used, designed to be used, let or hired out for occupancy by persons on more or less a temporary basis.
INDUSTRIAL USE: A. Light Industrial Use: Any manufacturing, processing, energy production, storing, assembling, testing and similar uses. Any byproducts of noise, smoke, odor, glare, gas, vibration, dust, or light generally are contained within a building or do not extend beyond the property lines to have measurable impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock.
B. Heavy Industrial Use: 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 and such byproducts do extend beyond the confines of the property and may have a detrimental effect on neighboring property.
JUNKYARD: A lot, or structure or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles for the sale of parts thereof. A "junkyard" includes auto wrecking yards.
KENNEL: Any lot or premises on which four (4) or more dogs at least four (4) months of age are harbored for commercial purposes.
LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and this shall be the shorter street frontage.
LOT LINE, REAR: The line opposite the front line.
LOT LINE, SIDE: Any lot line other than the front lot line or rear lot line.
LOT OR PARCEL: A unit of land described by metes and bounds or part of a recorded subdivision so recorded for transfer of ownership. Each residential lot is entitled to one residence and must have direct access to a public road. Each commercial or industrial lot must have direct access to a public road. An agricultural lot does not need frontage or access if not meant for development. However, under no circumstances will a land use action deny access to any lot or parcel.
LOT WIDTH: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
MANUFACTURED HOME: A structure, constructed according to the HUD/FHA manufactured/mobile home construction and safety standards, built after July 1, 1976, transportable in one or more sections, which, in the traveling mode, is fourteen (14) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is six hundred (600) or more square feet, and which is 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, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except, that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC section 5401 et seq. A "manufactured home" must meet the siting conditions as specified in the performance standards listed in chapter 14 of this title.
MEMBERSHIP CLUB: An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.
MOBILE HOME: A structure transportable in one or more sections which is eight (8) body feet or more in width and is thirty two feet (32') or more in length and which is 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 and includes the plumbing, heating and electrical systems contained therein. No mobile home may be placed on a single-family lot within the county after the effective date hereof unless it meets the rehabilitation standards as specified in title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated in chapter 16 of this title. A "mobile home" does not include a recreational vehicle.
MOBILE/MANUFACTURED HOME PARK: Three (3) or more mobile/manufactured homes upon a single ownership of land constitute a mobile/manufactured home park.
NONCONFORMING BUILDING: A building or structure or portion thereof built prior to the effective date hereof, or any amendment hereto, and conflicting with the provisions of this title applicable to the zone in which it is situated.
NONCONFORMING USE: The use of a structure or premises conflicting with provisions of this title.
OCCUPIED: Includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.
ORIGINAL PARCEL OF LAND: Any contiguous lots or parcels, not in a subdivision, platted or unplatted, held in one ownership and of record as of April 9, 1979.
OUTDOOR ADVERTISING SIGNS: Any card, cloth, paper, metal, painted, wooden, glass, plaster, stone or other sign of any kind placed for outdoor advertising purposes.
PARCEL, CONTIGUOUS: See definition of Contiguous Parcel.
PARKING LOT AND SPACE: An open, graded and/or surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers and designed in accordance with the provisions of chapter 12 of this title. "Parking space" means usable space within a public or private parking area or building, as described in chapter 12 of this title.
PERSON: Includes any association, firm, partnership, copartnership or corporation.
PLANNING AND ZONING COMMISSION: The Washington County planning and zoning commission appointed by the board to advise the board in all matters concerning planning and zoning, hereinafter referred to as the "commission".
PRISON: A secured place where persons convicted of crimes are confined.
PROFESSIONAL OFFICE: Any office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants and others who, through training, are qualified to perform services of a professional nature.
PUBLIC WATER AND PUBLIC SEWER FACILITIES: Those facilities of a municipality or sanitation district approved by the Southwest district health department and by the state department of health for general public use.
RECREATIONAL VEHICLE PARK: Includes travel trailer park and means any site or tract of land where two (2) or more travel trailers or recreation vehicles are placed, located and maintained for dwelling purposes on a temporary basis and built to standards as set forth in chapter 16 of this title.
RECREATIONAL VEHICLE (RV): A vehicular type unit designed as a temporary dwelling for recreational, camping or travel use which is either self-propelled, self-contained or mounted on or drawn by another vehicle, including all recreation vehicles, camping trailers, truck campers and motor homes of eight and one-half feet by forty feet (81/2' x 40') or less in size. The utilization of recreational vehicles for long term residential use is prohibited. "Long term use" is defined as over six (6) months per calendar year.
RESIDENTIAL LAND OR PURPOSE: Land whose primary purpose is to provide a place for people to live or reside.
RESIDENTIAL SUBDIVISION: Any division or subdivision of real property with a residence or residential use attached to, or associated with, any of the resulting parcels.
RIGHT OF WAY: A parcel of land dedicated or reserved for use as a public way, which normally includes streets, sidewalks, utilities or other service functions.
SCHOOL: A public, private or charter institution which offers instruction to nonfamily members in any of the branches of learning and study comparable to that taught in the public schools under the Idaho school laws, including prekindergarten, kindergarten, elementary, junior and senior high schools, colleges, universities, trade, business and commercial schools.
SECURE FACILITY: Any facility, public or private, which provides supervision and confinement for offenders, students, guests and/or any inhabitants who cannot leave at will.
SETBACK: The distance from the nearest point of a building or other structure, measured to the front lot line, referred to in section 5-3-4 of this title concerning minimum setback.
SHALL: A mandatory condition. Where certain requirements in the regulations are described with the "shall" stipulation, it is mandatory that these requirements be met.
SHOULD: An advisory condition. Where this word "should" is used, it is considered to be advisable usage, recommended, but not mandatory.
SIGN: Any structure or natural object, such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, a direction or an advertisement. For the purpose of this definition, the word sign does not include the flag, pennant or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
SPECIAL USE: A special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of this title, but may be allowed with conditions under specific provisions of this title and when it is not in conflict with the plan. A special use permit is not transferable from one parcel of land to another.
STREET: A public right of way that provides access to adjacent properties, the dedication of which has been officially accepted and has been accepted for maintenance by the local road jurisdiction having authority over the right of way. The term "street" also includes the terms "highway", "parkway", "road", "avenue", "boulevard", "lane", "place", and other such terms.
Alley: A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street.
Approach: See definition of Driveway.
Arterial: A general term including expressways, major and minor arterial streets, and interstate, state or local highways having regional continuity.
Minor Arterial: A street and/or roadway designed for relatively uninterrupted traffic movement between cities, towns and other major traffic generators. Typically rural minor arterials include state highways and major county highways. They serve most of the larger communities not served by the principal arterial system and serve other traffic generators capable of attracting travel over long distances. They form an integrated network, provide interstate and intercounty service, provide trip length and travel density greater than those served by the collector systems and provide relatively high travel speeds. Minor arterials also minimize interference to through movement.
Principal Arterial: A street and/or roadway for traffic movement between major population centers without traffic control delays. Typically principal arterials include the interstate system and other major highways. They provide high speed travel, minimal interference to through movement.
Collector: A street that provides for traffic movement between neighborhoods of the local highway jurisdiction and between arterial streets and local streets and for limited direct access to abutting property.
Major Collector: A street and/or roadway designed to serve large towns and traffic generators that are not directly served by an arterial. Typically, major collector roads serve as important intracounty (within the county) travel corridors and provide service to any county seat not on an arterial route and to the larger communities not directly served by the higher systems.
Minor Collector: A street and/or roadway designed to provide traffic service to smaller communities and locally important generators. Typically minor collector roads accumulate traffic from the local roads and provide access to the higher type roadway system. They also are spaced at intervals consistent with population density, collect traffic from local roads and tend to feed predominantly local traffic from side streets into major collectors or arterials.
Cul-De-Sac: A short local street having one end permanently terminated in a vehicular turnaround.
Frontage: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties.
Local: A street that provides for direct access to residential, commercial, industrial, or other abutting land for local traffic movements and connects to collector and/or arterial streets.
Local streets with low traffic volumes are often subdivided into subclasses. These functional subclasses of local roads are based on the "Guidelines For Geometric Design Of Very Low Volume Local Roads (ADT400)" published by AASHTO and include:
Agricultural Access Roads: A street and/or roadway designed to provide access into adjacent farming or ranching operations, often used by large and slow moving farm equipment.
Industrial/Commercial: A street and/or roadway designed to provide access from higher type roadways into an industrial/commercial area, often used by a large percentage of trucks and other heavy vehicles.
Major Access: A street and/or roadway designed to provide access to abutting property as well as access through an area or between higher type roadways.
Minor Access: A street and/or roadway designed to serve primarily as access to abutting property, often with no through route (dead end roads).
Recreational And Scenic: A street and/or roadway designed to serve special land use areas including campsites, boat ramps and other recreational facilities.
Resource Recovery: A street and/or roadway designed to facilitate the recovery of natural resources including mining and logging operations. These roads typically serve many large vehicles operated by professional drivers.
Loop: A street with both terminal points on the same street of origin.
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.
Private Road: A street that is not accepted for public use or maintenance that provides vehicular and pedestrian access to two (2) or more permanent residences and, to a lesser extent, commercial, industrial and other uses.
STRUCTURES: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences eight feet (8') or less in height, poles, lines, cables or other transmitting or distribution facilities of public utilities.
SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into more than four (4) parts for the purpose of transfer of ownership or development.
TENSE: The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
USE: The purpose for which land or a building is designed, arranged or intended or for which either is, or may be, occupied or maintained.
USED CAR LOTS AND MACHINERY LOTS: A retail sales area for the sale of automobiles and machinery that are in such condition as to meet all requirements of the state 1 and county for license and operation.
VARIANCE 2 : A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where there are conditions peculiar to the property not the result of the action of the applicant or a previous owner.
YARD: An open space other than a court, or a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
YARD, FRONT: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
YARD, REAR: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
YARD, SIDE: A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory buildings attached thereto. (Ord. 51, 9-2-2003; amd. Ord. 64, 7-13-2009; Ord. 70, 11-5-2012; Ord. 77, 12-29-2014)
Notes
| 1 | 1. IC §49-1606 et seq. |
| 2 | 2. IC §67-6516. |