For the purposes of this Ordinance certain terms and words are herewith defined as follows:
The words "used for" include "designed for" and vice versa: words used in the present tense include the future; words in the singular number include the plural and vice versa: the word "building" includes "structure"; and the word "shall" is mandatory and not directory.
ACCESSORY USE: | The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises. |
AGRICULTURE: | The use of land for farming, dairying, irrigated pasture, cropping, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, producing food fiber, treating, or storing the produce, provided however that: |
A) The Operation of any such accessory uses shall be secondary to that of normal agricultural activities. | |
B) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feed, particularly for the purpose of fattening for market. | |
APARTMENT: | A building or portion thereof designated for or containing dwelling units. |
AUTOMOBILE STORAGE SPACE: | Parking and or storage of new and used automobiles which are capable of immediate operation under their own power. |
AUTOMOBILE AND TRAILER SALES AREA: | An open area, other than a street used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobiles must be capable of operation under their own power at all time. |
BASEMENT: | A space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as a basement space. |
BED AND BREAKFAST: | Bed and Breakfast means a professionally run facility providing up to 16 rooms (rooms shall include all rooms open to the guests, not just 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. |
BOARDING AND/OR LODGING HOUSE INCLUDING ROOMING HOUSE: | A building or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation. |
BUILDING: | Any type of construction of which the structural framework is enclosed and built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. |
BUILDING, HEIGHT OF: | The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. |
BUILDING, EXISTING: | A building erected prior to the adopted of this code, or one for which a legal building permit has been issued. |
BUILDING, TEMPORARY: | A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. |
BUILDING, PORTABLE: | A structure that is not permanently attached to a foundation and is designed to be moved. Not to include Recreation Vehicles, Mobile Homes or Manufactured Homes. |
CARPORT, DETACHED: | A roofed structure of which the sides and ends are not enclosed with materials of any kind and completely surrounded by open space. |
CARPORT, ATTACHED: | Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling. |
COMMISSION: | The Zoning, Planning and Zoning, Joint Planning and Zoning Commission appointed by the Council. |
COUNCIL: | The City Council of the City of Wendell, Idaho. |
CONCENTRATED ANIMAL FEEDING OPERATION: | Concentrated animal feeding operation (CAFO) shall mean all agricultural operations that exceed five (5) units per acre in pasturing density for a period of more than six months out of each year. Such operations shall not be limited to an overall number of animals, provided the acre density is not exceeded for the total site. Animal unit shall be defined as follows: |
Multiply the number of animals by the animal equivalency factor to determine animal units: | |
Animal Type | Animal Equivalency Factor |
Cattle over 700 pounds, (slaughter, feeder, dairy etc.) | 1.0 AU |
Cattle from 400 to 700 pounds | .7 AU |
Calves under 400 pounds | .1 AU |
Cow/calf pair | 1.2 AU |
Mature dairy cattle (milked or dry cows) | 1.0 AU |
Swine, (each weighing over 55 pounds) | .4 AU |
Horse | 1.0 AU |
Sheep or lambs | .2AU |
Turkey | .02 AU |
Laying hen/broiler | .01 AU |
Goat | .2AU |
For species not specified in this list, 750 pounds of livestock are equivalent to one animal unit. For example: Bison, Llamas, Donkeys, etc., shall use the above weight equivalency unit. | |
DEVELOPMENT: | Development means any man-made 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: | Drive-in establishment means 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. |
DWELLING: | A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, trailers, camp-cars, or trailer houses. |
DWELLING UNIT: | Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living and sleeping purposes. |
DWELLING, ONE-FAMILY: | A detached building designed exclusively for occupancy by one family. |
DWELLING, TWO-FAMILY: | A building designed exclusively for occupancy by two families living independently of each other, including duplex and semi-detached houses. |
DWELLING, MULTIPLE: | A building or portion thereof, designed for occupancy by three or more families living independently of each other and including apartment hotels. |
FAMILY: | See OCCUPANCY in this definition section. |
FRONTAGE, ENTIRE: | All the property fronting on one (1) side of a street between intersecting streets, or between a street and a 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, 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. |
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. |
GOVERNING AUTHORITY: | The City Commission of the City of Wendell, Idaho. |
HOME OCCUPATION: | Any occupation or profession by one or more members of an immediate family, without employees and located in not more than two rooms of a residence or its accessory building and without storage of materials or stock of finished products for sale on the premises to the extent that there would be any outside indication of such occupation. |
HOTEL: | Any building containing six 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. |
HOSPITAL: | An institution for the medical and surgical treatment and care for sick and wounded humans. |
INDUSTRIAL USES: | |
Light Industrial Use: | Any manufacturing processing, testing, energy production, storing, assembling, testing and similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, light generally are 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. |
Heavy Industrial Use: | 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 |
JUNK YARD: | 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, at least six (6) months of age are kept. |
LANDSCAPING: | Landscaping shall include plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of one gallon, five gallon and fifteen gallon sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative "hard surface" materials such as, but not limited to, volcanic rock, gravel or textured paving or "soft surfaces" such as, but not limited to, redwood bark or wood chips may be utilized to fill up to 40% of the required landscaped area. |
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: | A parcel of land occupied or designed to be occupied by a building and the accessory buildings or uses customarily incident to it including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a recorded plant. |
LOT LINES: | The lines bounding a lot as defined herein. |
LOT, WIDTH OF: | The mean width measured at right angles to its depth: |
LOT DEPTH: | The horizontal distance between the front and rear hot lines, measured along the median between the two side lot lines. |
LOT, CORNER: | A lot situated at the intersection of two (2) or more streets. |
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. |
LOT, INTERIOR: | A lot other than a corner lot. |
LOW DENSITY - A ZONE: | A parcel of land not less than 5 acres, with only I single family dwelling unit and/or outbuildings. |
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 siting and development standards set forth in Idaho Code section 67-6509A. |
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 Chapter 14. |
MOBILE HOME: | A structure that is transportable in one section built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, not to include recreational vehicles. No mobile home may be placed on a single-family lot within the City after the effective date of this ordinance 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. |
NON-CONFORMING BUILDING: | A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was used, designed, erected, or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. |
NON-CONFORMING USE: | A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is located. |
OCCUPANCY: | Occupancy shall mean that no residential dwelling shall be occupied by more than two adult persons per bedroom. |
PARKING SPACE, AUTOMOBILE: | Space within a building or public parking area for the temporary parking or storage of one (1) automobile. |
PATIO: | Same as carport. |
PORCH: | Porch, a covered entrance to a building. |
PREMISES: | An area of land including a lot, with or without buildings. |
RECREATIONAL VEHICLE OR TRAVEL TRAILER: | A vehicular type unit designed as 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 Chapter 14. |
ROOMING HOUSE: | See “Boarding House”. |
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. |
STREET: | A public thoroughfare not less then thirty (30) feet in width, which affords principal means of access to abutting property. |
STREET GRADE: | The officially established grade, the existing grade of the street shall be taken as the street grade. |
STRUCTURE: | Any type of construction of which the structural framework is not enclosed. |
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. |
THEATER OUTDOOR DRIVE-IN: | An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats. |
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: | Variance means 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 on a lot, unoccupied arid unobstructed from the ground upward, except as otherwise provided in this Ordinance. |
YARD FRONT: | A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot. |
YARD REAR: | A yard extending across the full width of the lot, between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building. |
YARD SIDE: | A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building. |
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. 422, 11-14-2001; amd. Ord. 431, 10-24-2002; Ord. 517-2013, 1-17-2013; Ord. 534-2018, 2-15-2018) |