For the purpose of this title, certain terms and words are hereby defined as follows:
The word "shall" is mandatory; the word "may" is permissive.
The words "used" or "occupied" include the words "intended", "designated" or "arranged to be used or occupied".
The word "lot" includes the words "plot or parcel".
ACCESSORY BUILDING: A subordinate building or structure attached to or detached from the main building, located in or occupying not more than thirty percent (30%) of the rear yard adjoining the main building, the use of which is incidental to that of the main building and the bulk of which is not more than forty percent (40%) of the main building.
ACCESSORY USE: A use which is customarily incidental to that of the main building or to the main use of the land and which is located in the same zone or a less restrictive zone and on the same lot with a main building or use. An accessory use shall also include the keeping of domestic animals, subject to other provisions of this title.
ADMINISTRATOR: The building and zoning enforcement officer appointed by the mayor and city council to administer this title.
AGRICULTURE: Tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, and concentrated animal feeding operations (CAFOs).
ALLEY: A public way, other than a street, twenty feet (20') or less in width, affording secondary means of access to abutting property.
APARTMENT HOUSE: A residential building designed for three (3) or more dwelling units.
AUTO WRECKING YARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.
AUTOMOBILE: A passenger vehicle.
AUTOMOBILE REPAIR: General repair, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting of motor vehicles.
AUTOMOBILE SERVICE STATION: An establishment where automotive fuels and lubricants, accessories and services are sold at retail; however, where the sale of such is only incidental the establishment or premises shall be classified as a public garage.
BED AND BREAKFAST: A professionally run facility providing up to sixteen (16) rooms 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 to sign ordinances of that zone and area.
BOARDING, LODGING OR ROOMING HOUSE: A residential building containing guestrooms where meals and/or lodging for compensation are provided.
BUILDING: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels, and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed a separate building.
BUILDING LINE: A line established by law or agreement beyond which a building shall not extend.
CLINIC: A building arranged, intended, designed for and used solely as a place for the treatment and diagnosis of patients.
CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO):
A. Any lot, corral, or facility where more than ten (10) animal units of livestock are confined, or stabled and fed, or maintained for a total of forty five (45) days or more in any twelve (12) month period; and on which crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Livestock shall be considered domesticated animals, poultry, rabbits and furbearing animals. Animal units shall be determined by the county standard.
B. An area where any one of the numbers of animals listed in subsections B1 through B9 of this definition is confined for a total of forty five (45) days or more in any twelve (12) month period or calendar year, and where less than fifty percent (50%) of the feed is produced by the owner on his immediate property, or crops or other vegetation are not sustained in the normal growing season over a portion of the lot.
1. Three hundred (300) slaughter/feeder cattle and/or dairy heifers.
2. Two hundred (200) mature dairy cattle (whether milked or dry cows).
3. Seven hundred fifty (750) swine, each weighing over fifty five (55) pounds.
4. One hundred fifty (150) horses.
5. Three thousand (3,000) sheep or lambs.
6. Sixteen thousand five hundred (16,500) turkeys.
7. Thirty thousand (30,000) laying hens or broilers (if the facility has continuous overflow watering).
8. Nine thousand (9,000) laying hens or broilers (if the facility has a liquid manure handling system).
9. Three hundred (300) animal units with the number of animal units at a facility defined as the sum of the following:
a. Number of slaughter and feeder cattle and dairy heifers multiplied by 1.0; plus
b. Number of mature dairy cattle multiplied by 1.4; plus
c. Number of swine weighing over fifty five (55) pounds multiplied by 0.4; plus
d. Number of sheep multiplied by 0.1; plus
e. Number of horses multiplied by 2.0.
C. A contiguous area or parcel of land or the use of a contiguous area or parcel of land upon which there are confined or fed livestock, fish, birds in enclosures or ponds for six (6) months or more of the year, which does not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season and which consists of:
1. Any combination of animal units which totals three hundred (300) animal units or one or both of the following:
a. Any facility with a milk shipping permit; or
b. Any facility with a waste treatment system.
DEPARTMENT STORE: A retail outlet.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
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 purchase or receive services.
DRIVEWAY: An area established or used for ingress or egress of vehicles from a street or thoroughfare to any point on private property.
DWELLING: Any building, or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for and occupied by more than two (2) families with separate housekeeping and cooking facilities for each.
DWELLING, SINGLE-FAMILY: A detached building designed or erected for and occupied exclusively by one family or household.
DWELLING, TWO-FAMILY (DUPLEX): A building designed for and occupied exclusively by two (2) families with separate housekeeping and cooking facilities for each.
DWELLING UNIT: A group of two (2) or more rooms, one of which is either a bathroom or kitchen designed for occupancy by one family or not more than two (2) persons for living and sleeping purposes (see definition of Occupancy).
FLOOR AREA RATIO: The factor by which the lot area shall be multiplied to arrive at the maximum floor space allowed within any particular district.
GARAGE, PRIVATE: An accessory building or portion of a main building designed or used for the parking or storage of motor vehicles of the occupants of the premises.
GARAGE, PUBLIC: Any building or premises, other than a private garage, used for equipping, refueling, servicing, repairing, hiring, selling or storing motor vehicles.
GRADE: The average elevation of the finished ground at the exterior walls of the main building.
GUESTHOUSE: A dwelling containing not more than five (5) guestrooms or suites of rooms, but with no kitchen facilities.
GUESTROOM: Any habitable room, except a kitchen, designed or used for occupancy by one or more persons and not in a dwelling unit.
HISTORIC DISTRICT: Any area containing a concentration which represents one or more architectural periods or styles typical to the history of the city, and that has been designated an historic district pursuant to this title.
HISTORIC LANDMARK: A site, building or structure which has a special character, historical interest, or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling, and association, or which represents the history of the city, and that has been designated an historic landmark pursuant to this title.
HOME OCCUPATION: An occupation carried on by the occupant of the dwelling as a secondary use in connection with which there is no display; no stock in trade or commodity sold upon the premises; no person is employed other than a member of the family residing on the premises; and, no mechanical equipment used except such as is necessary for domestic or household purposes.
HOTEL: A building containing guestrooms where lodging is provided for more than six (6) persons and which is open to transient guests, in contradistinction to boarding, lodging or rooming houses.
INDUSTRY, HEAVY: Any manufacture, 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 does extend beyond the confines of the property and may have a detrimental effect on neighboring property.
INDUSTRY, LIGHT: Any manufacturing processing, testing, energy production, storing, assembling, and similar uses. Any byproducts of noise, smoke, odor, glare, gas, vibration, dust, light generally is contained within a building or does 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.
JUNKYARD: Any area where discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, handled or stored but not including areas where such uses are conducted entirely within a completely enclosed building.
KENNEL: Any lot or premises on which three (3) or more dogs or other domestic animals, at least six (6) months of age are kept.
LANDSCAPING: Shall include:
Plant material which includes the use of a mixture of ground covers, shrubs and trees.
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 on a street, alley or other appropriate means of access.
LOT: Land occupied or intended to be occupied by one main building and its accessory buildings and including as a minimum such open spaces exclusive of street areas as required under this title, and having frontage on a public or private street or road. The front of a corner lot shall be the narrower side abutting a street.
LOT AREA: The total area within the lot lines of a lot.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty five degrees (135°).
LOT COVERAGE: The percentage of the lot area covered by the building area.
LOT DEPTH: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: The line bounding a "lot" as defined herein.
LOT, REVERSED CORNER: A corner lot the side street of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot having frontage on two (2) parallel or nearby streets.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
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 eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) 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 5401 et seq. A manufactured home must meet the siting conditions as specified below as well as the performance standards listed in this title.
A. Shall be at least twenty four feet (24') wide, with a minimum floor area of one thousand (1,000) square feet.
B. Shall have a metallic, 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 a 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 inspector to ensure that the manufactured home is placed on site to HUD standards set forth in circular letter 2-83, dated April 8, 1983, or as later amended, published by the Boise service office of HUD regulating the perimeter foundation, the anchoring of the structure to its foundation and other building requirements.
G. Shall meet all other state of Idaho requirements.
MANUFACTURED HOME PARK: Any area, tract, plot, or site of land, whereupon two (2) or more manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person, firm, trust, partnership, public or private association or corporation holding the land. Any development will conform to title 3, chapter 6 of this code.
MOBILE HOME: A detached single-family dwelling, designed to be transported after fabrication on its own wheels, flatbed or detached wheels, arriving at the site where it is to be occupied as a dwelling complete, after location on permanent foundation support on its chassis frame, and hooked to all utilities as any built on site house would be, as set out in the currently adopted building code. No mobile home may be placed on a single-family lot within the city after the effective date hereof unless it meets the rehabilitation standard as specified in title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated above. Mobile homes do not include recreational vehicles.
MOTEL: A building or buildings where lodging is provided, with or without meals or facilities for preparing meals, designed or intended primarily for automobile transients and providing space where automobiles may be parked in unenclosed or enclosed parking areas.
NATURAL RESOURCE DEVELOPMENT: The development of a natural area to provide or enhance use within that natural area, such as boat docks, picnic areas, viewing stations, walking paths and more.
NONCONFORMING USE: A use, building or yard which does not, by reason of design, use, building or dimensions, conform to the regulations of the district in which yard it is situated. It is a legal nonconforming use if established prior to the passage of this title and not otherwise approved as provided herein.
NURSERY SCHOOL: A school designed to provide daytime care of instruction for two (2) or more children from two (2) to five (5) years of age, inclusive, and operated on a regular basis.
NURSING HOME: A building where for compensation care and lodging are provided with or without meals for the mentally ill, the sick, the orphan, the elderly, the poor or the feeble, where such use is not accessory to family use.
OCCUPANCY: That no residential dwelling shall be occupied by more than two (2) adult persons per bedroom.
PARKING SPACE, OFF STREET: A space other than a street or alley designed for or used for the temporary parking of a motor vehicle.
PLANNED UNIT DEVELOPMENT: An integrated development consisting of one or more individual lots where development is planned for the entire project with provisions for adequate open spaces and conveniently located service facilities.
PRIVATE CLUBS AND LODGES: A group of persons associated for a common purpose or mutual benefit, but may or may not have periodic meetings or be jointly supported.
PROPERTY LINE: The recorded boundary of a plot.
RECREATIONAL VEHICLE OR TRAVEL TRAILER: 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 recreational vehicles, camping trailers, truck campers, and motor homes.
RECREATIONAL VEHICLE/TRAVEL TRAILER PARK: Rental space for recreational vehicles/travel trailers on a limited basis, generally overnight but normally not longer than six (6) months. This may include motor homes and pickup campers. Any development must conform with this title.
REHABILITATION CENTER: A facility providing custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement including drug or alcohol abuse centers, where such use is not accessory to a family use.
SEPTIC TANK: A watertight receptacle for sewage which, after bacterial action, discharges the effluent.
SIGN: Any board, device or structure or part thereof, used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
STREET: That portion of the dedicated public thoroughfare, both improved and unimproved, which affords the principal means of access to abutting property, including all sidewalks constructed and lying within such dedicated right of way.
STREET LINE: The dividing line between a street and the lots abutting thereon.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders.
STRUCTURE: Anything constructed or erected which is supported directly on the earth.
TEMPORARY BUILDING: A building or structure placed temporarily upon a lot for construction purposes and must meet requirements of this title.
THROUGH LOT: A lot having its front and rear lines on different streets.
TOWNHOUSE: A structure containing separate living units requiring no setback lines between contiguous units, having separate utility connections, and is owned by a person or persons having divided interests in said structure including the real property upon which it is situated.
USE: The purpose of which land or a building is arranged, designed or intended for which either land or a building may be occupied or maintained.
VARIANCE: A modification of the requirements of this title as to bulk, placement requirements, lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
YARD: An open space in the same lot with a building unoccupied and unobstructed by other buildings or structures from the ground upward, except as otherwise provided herein. The measurement of a yard shall be construed as a minimum horizontal distance between the lot line and the nearest point of the building or structure.
YARD, FRONT: An unoccupied space on the same lot with a main building and the front line of the building projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line or the proposed street line as indicated by the official map if the existing street is less than the proposed width.
YARD, REAR: An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot or the centerline of the alley if there be an alley and the rear line of the building.
YARD, SIDE: An open, unoccupied space on the same lot with a main building situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the boundary of the side yard shall be the front line of the lot and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.
ZONING DISTRICT: A section of the city for which uniform regulations concerning the height, area, size and the use of buildings and premises within said section are established. (Ord. 1183, 12-12-2005)