For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
ACCESSORY USE OF BUILDING: A subordinate use of a building customarily incident to and located upon the same lot occupied by the main building or utilized for the main purpose.
ACREAGE: Any tract or parcel of land which has not been subdivided or platted.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture, livestock, farming, dairying, or animal husbandry, including all uses, customarily accessory and incidental thereto but not including slaughterhouses, fertilizer works, bone yards or plants for the reduction of animal matter.
ALLEY: A street or way shown on the official plat of the City or its additions and designated therein as an alley.
ALTER; ALTERATIONS: Any change, addition or modification in construction or occupancy.
APARTMENT HOUSE: A building or portion thereof used or intended to be used as the home of three (3) or more families or households living independently of each other.
ASSISTED LIVING FACILITY: A facility or residence operated as either a profit or nonprofit for the purpose of providing necessary supervision, personal assistance, meals and lodging to adults not related to the owner.
AUTO WRECKING OR JUNK YARDS: 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 SERVICE STATION: Any premises used for supplying gasoline and oil at retail direct to the customer, including accessories for automobiles.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above level of the adjoining ground, a basement shall be counted as a story for the purpose of height measurement.
BILLBOARD: Any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notes, or a sign advertising the sale or lease of the premises on which the sign is located.
BLOCK: That property so designated on an official map of the City or part of the City or bounded by a street or streets and railroad right-of-way, or unsubdivided acreage.
BOARDING HOUSE: A building or portion thereof, other than a hotel or barracks where meals and lodging for three (3) or more persons are provided for compensation.
BREEZEWAY: A covered passageway between buildings which does not exceed ten feet (10') in width and which has at least one side open, except for necessary supporting.
BUILDING: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure, or protection of persons, animals, or chattels.
BUILDING AREA: The buildable area of a lot is the space remaining after the adherence to the minimum open space requirements.
BUILDING HEIGHT: The height of a building is the vertical distance at the center of a building's principal front measured from the establishment grade to the highest point of the roof, beams or in case of a flat roof, to the deckline or mansard or to the center height between eaves and ridges for gable, hip or gambrel roofline. The height may be measured from the average elevation of the finished sidewalk grade along the front of the building.
BUILDING INSPECTOR: State certified Building Code inspector.
BUILDING LINE: For the purpose of this title, the building line is the same as a front yard setback line.
BUILDING, PRINCIPAL: A building in which is conducted the main use of the lot in which it is situated.
CARPORT: A structure attached or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.
CLUB OR LODGE: An association of persons for the promotion of some common object, members of which are admitted only on invitation and the chief activity of which is not conducted for profit.
CONDITIONAL USE: See definition of special use.
CONVALESCENT HOME: A building and premises in which and on which two (2) or more sick, injured or infirm persons are housed or intended to be housed for compensation.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
CURB GRADE: The establishment of the curb measured at the center of the front of a building. Where no curb grade has been established, the City shall establish such curb level or its equivalent for the purpose of this title.
DISTRICT: A section or sections of the incorporated area of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
DUPLEX: A building arranged or designed to be occupied by two (2) families.
DWELLING: A building or portion thereof, but not an automobile, house trailer designed exclusively for residential occupancy including one-family, two-family, and multiple- family dwellings, but not including hotels, boarding, and lodging houses.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for occupancy by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY 1 : A building arranged or designed to be occupied by not more than one family, or any group residence in which eight (8) or fewer unrelated persons with disabilities (mental, physical or developmental) or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity.
DWELLING, TWO-FAMILY: A building or portion thereof designed for occupancy by two (2) families living independently of each other.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose of any designated part of his/her property.
ESTABLISHED GRADE: The sidewalk line grade at the front lot line as established by the engineer or otherwise as given and established under the direction of the Governing Body.
EXISTING BUILDING: A building or structure or portion thereof legally existing on the effective date hereof.
EXISTING USE: A use which lawfully occupied a building or land on the effective date hereof.
FAMILY: Any number of individuals living together as single housekeeping units.
FRONT PROPERTY LINE: The front line as shown on the official plat of the property in question.
FRONT YARD: Any open unoccupied space on the same lot with a building between the front line of the building (exclusive of steps) and the property line.
FRONTAGE: All the property fronting on one side of a street, between intersecting or intercepting streets, or between a street and a right-of-way, waterway end of a dead end street, or City boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building for the storage of not more than three (3) motor driven vehicles of which not more than one shall be a commercial vehicle of not more than two (2) ton capacity.
GRADE: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to, and within five feet (5') of, the sidewalk, the ground level shall be measured at the sidewalk.
HOME OCCUPATION: An occupation carried on by the resident of a dwelling as a secondary use within the same dwelling.
HOTEL: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms; and in which no provisions are made for cooking in any individual room or suite.
INSTITUTION: An organization or society for some public or social purpose.
JUNKYARD: Any land, property, building, structure, or combination thereof used for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.
KENNEL: Any lot or premises on which three (3) or more dogs more than four (4) months of age are kept.
LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of products is not to be permitted within this definition.
LOADING AREA: An open area, other than a street or alley, used for the loading or unloading of vehicles.
LODGING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.
LOT: Land occupied or to be occupied by a principal building, and accessory buildings including such open space as is required under this title and having a frontage upon a street or alley, where not appearing on any dedicated plat by number. But where appearing on a dedicated official plat by a number, a lot means the area and surface as shown on said plat and given a prescribed number, excepting whereby any lot is subdivided and occupied by separate buildings or units; then the term lot shall include each subdivision of the dedicated lot.
LOT AREA: The total of a lot computed exclusively of any portion of the right-of-way of any public or private street.
LOT, CORNER: A lot on a corner fronting on two (2) intersecting streets.
LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The established division lines between parcels of land, public or private.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel 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 lines.
MANUFACTURE: Preparation, making, treatment, or processing of articles as merchandise.
MOBILE HOME PARK: A site or tract of land under single ownership or control upon which two (2) or more mobile homes are parked for nontransient habitation, and which meets the definitions set forth in title 7, chapter 5 of this Code.
MOBILE/MANUFACTURED HOMES: A detached single-family dwelling unit which is mass produced in a factory; is designed and constructed for transportation to a site for installation and use when connected to required utilities; and is designed for long term residential use. For the purpose of this title, mobile/manufactured homes shall be divided into the following classes:
A. Class A:
1. Constructed after July 1, 1976, and certified as meeting mobile home construction and safety standards of the Department of Housing and Urban Development.
2. At least twenty feet (20') wide at the narrowest point.
3. Has a foundation constructed in accordance with the minimal accepted specifications by the manufacturer.
4. Any hitch or tongue must be removed.
B. Class B:
1. Constructed after July 1, 1976, and certified as meeting the mobile home construction and safety standards of the Department of Housing and Urban Development.
2. Has a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
3. If located in a mobile home park, the manufactured home must be skirted in a material that is aesthetically pleasing and generally acceptable for manufactured home use.
4. At least ten feet (10') wide at its narrowest point and forty feet (40') long.
C. Class C:
1. A manufactured home that does not meet the mobile home construction and safety standards of the Department of Housing and Urban Development but is found upon inspection to be suitable for residential occupancy and eligible for the insignia of approval by the Department of Labor and Industrial Services.
2. Has a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
3. If located in a mobile home park, the manufactured home must be skirted in a material that is aesthetically pleasing and generally acceptable for the manufactured home use.
4. At least ten feet (10') wide at its narrowest point and forty feet (40') long.
MOTEL: A tourist court.
MOTOR HOME: A vehicle designed to be driven and used for human habitation.
NONCONFORMING USE: A building or land occupied by a use which does not conform to the regulations of the use district in which it is situated.
NURSERY SCHOOL: A school used exclusively for the daytime care of preschool age children.
NURSING HOME OR REST HOME: A private hospital for the care of children, the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
PARKING AREA, PRIVATE: An open area, other than a street or alley, used for the parking of the automobiles or an unoccupied camping trailer of an occupant of the dwelling.
PARKING AREA, PUBLIC: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.
PARKING LOT: An open lot or parcel of land used for the storage of motor vehicles capable of being moved under their own power and exclusive of lots or parcels of land used for the purpose of dead storage, auto wrecking or exhibition for sale.
PARKING SPACE, OFF STREET: An area adequate for parking an automobile or automobiles with room for opening doors on both sides, together with properly related access to a public right-of-way or alley and maneuvering room; but shall be located outside any street or alley right-of-way.
PLANNED UNIT DEVELOPMENT (PUD): An area of land in which a variety of residential, commercial, industrial, and/or other land uses provided for under single ownership and control are accommodated in preplanned environment with more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations.
PORCH: A roofed entrance to a building projecting out from the wall or walls at the main structure and commonly open in part to the weather.
PREMISES: Land or buildings or other improvements thereon.
PUBLIC BUILDING: A building owned by the Federal, State, County or City government or any political subdivision thereof.
PUBLIC GARAGES: Any premises used for the storage or use of more than three (3) motor vehicles, or where such vehicles are repaired or kept for hire, use or sale.
RV PARK: A tract of land with one or more spaces rented for the parking of recreational vehicles.
REAR YARD: An open unoccupied space on the same lot with a building, between the rear line of the building and the rear line of the lot.
RECREATIONAL VEHICLE: A wheeled vehicle less than ten feet (10') in width at its widest point, self-propelled or unpowered, and/or qualifying for a State of Idaho recreational vehicle permit.
RESIDENTIAL CARE FACILITY: A facility or residence operated as either a profit or nonprofit for the purpose of providing necessary supervision, personal assistance, meals and lodging to a person not related to the owner (2 designations: 8 or fewer residents or 9 and above residents).
SCHOOL, ELEMENTARY OR HIGH: An institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Idaho. High schools include junior and senior.
SETBACK LINES: A line within a lot paralleling the street line, between which lines the construction of buildings is prohibited.
SIDE YARD: An open unoccupied space on the same lot as the building, the side wall line of the buildings and the side lines of the same lot.
SIGNS, OUTDOOR ADVERTISING: A sign of any type of material, installed any place for outdoor advertising purposes.
SPECIAL USE: An activity specified by this title as a principal or an accessory use, permitted when authorized by the Council and subject to certain conditions.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
STORY: That portion of a building, included between the surface of any floor and the surface of the room next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story.
STREET LINE: The property line or boundary between a street and abutting property.
STRUCTURES: Anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
TERRACE, OPEN: A level and rather narrow plane or platform which, for purposes of this title, is located adjacent to one or more faces of the main structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.
THIS TITLE: The term "this title" shall be deemed to include not only this title as it now exists, but all amendments to this title as the same may hereafter from time to time be adopted.
TINY HOMES: A dwelling that is four hundred (400) square feet or less in floor area, excluding lofts (must comply with all building and zoning codes).
TOURIST COURT: A group of attached or detached buildings, including auto courts, motels or motor lodges, containing individual sleeping or living units, designed for and used by tourists or transients, with garage attached or parking space conveniently located at each unit.
TRAILER: A vehicle without motor power used for human habitation, including a trailer coach or house trailer designed to be drawn by a motor vehicle.
TRAILER CAMP, AUTOMOBILE: Any premises occupied or designed to accommodate more than one automobile house trailer.
TRAILER COACH AND MOBILE HOME PARK: Any plot of ground upon and which is prepared for occupancy by more than one trailer coach or mobile home, to be occupied for dwelling purposes and located regardless of whether or not a charge is made for accommodations.
TRAILER COACH AND MOBILE HOME SPACE: A plot of ground within a trailer coach park.
VARIANCES: A modification of the literal provisions of this title which the Council may authorize when strict enforcement of said provisions cause undue hardship owing to circumstances unique to the individual property on which said variance is sought.
(Ord. 275, 4-2-2015; amd. 2018 Code; Ord. 294, 3-4-2021)
Notes
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