Draft Code Revision Summary
1. NEW FORMAT
2. Added Neighborhood meetings – Removed mandatory requirement.
3. Expanded definition section
4. Create the ability for a hearing examiner.
5. Consolidated all zoning requirements into 1 chapter.
6. Created a different lot frontage and minimum lot sizes depending on zones.
7. Created a “P” Public zone.
8. Created Recorded Townsite Regulations.
9. Created an Airport Overlay, Flood Zone, I-15 sign overlay.
10. Expanded Specific Use standards.
11. Changed wording Special Use to Conditional Use Permits.
12. Inserted Land Use Chart
13. Expanded signage requirements
14. Created wind turbine requirements
15. Created an Administrative Plat for expediting the plating process.
16. Added Index
Following P & Z Work Session 10-22-08
Following P & Z Work Session 11-19-08
1. Change setbacks back to 30’ front setback.
2.
Change Easement widths back to 50’.
3.
Front setbacks in Townsites 20’ with an 85’ lot
frontage.
4.
Strongly encourage shared driveways.
5.
Keep R/A minimum lot size of 1 acre.
6.
If parcel has ever had water rights, then water
rights must be included with subdivision.
7.
Administrative Plat
a. Only
allow 1 short plat in an “A” and N/RA” district
b. Allow
the parcel to be non-contiguous
c. May
use a private easement
8. Windmills
a. Allow up to 2 hobbyist windtowers with a 1 fall height setback
Following P & Z Work Session 12-3-08
Following P & Z Work Session 1-7-09
2. Require water rights for all subdivisions
Following P & Z Work Session 3-25-09
1. Commercial Windmills
a. Change one mile line of sight to 1 ½ tower height to property line and 3 tower heights to occupied structure unless mitigated with adjoining property owner, but no closer than 1 ½ tower heights.
b. Modify 6.2.51 C 11 to state owner/operator of Commercial Wind Entergy Facility is responsible to decommission wind turbine and must provide a 5% decommission bond.
c. Delete wind turbine spacing. Allow most current technology to dictate spacing.
d. All Road damage during construction must be repaired within a reasonable time as determined by Public Works Department.
e. Delete 12 month construction period and replace with reasonable timeline.
2. Replace Farm Animal requirements with Animal Units as defined in the CAFO section.
3. Create a definition of a feed store.
4. Modify the definition of contiguous to state “may be deemed”.
5. increase the maximum building allowance to 10,000 sq. ft. in a C-1 zone.
6. Change kennel requirements to 4 or more dogs, to be consistent with the recently adopted dog ordinance.
f.
Proposed
Code
Revisions
10th Draft
Table of Contents
Article 1
GENERAL REGULATIONS
1.0 Title
1.1 Authority
1.2 Purpose
1.3 Scope and Content
1.4 Applicability
1.5 Ordinances’ Repealing Effect
1.6 Interpretation
1.7 Provisions for Official Zoning Maps
1.8 Disincorporation
1.9 Errors in Legal Descriptions of Property
1.10 Combining of Permits
1.11 Business Licenses
1.12 Neighborhood Meetings
1.13 References
1.14 Separability
1.15 Preservation of Private Property Rights
1.16 Violations
1.17 Code Enforcement
1.18 Penalties
Article 2
DEFINITIONS
2.0 Purpose
2.1 Construction of Words
2.2 Definitions
2.3 Figures
Article 3
ADMINISTRATION
3.0 General
3.1 Administrator
3.2 Planning & Zoning Commission
3.3 Duties and Related Powers of the Commission
3.4 Hearing Examiner
3.5 Conflict of Interest
3.6 Findings of the Board and Commission
3.7 Fees
3.8 Notice, Hearing, and Appeal Procedures
Article 4
APPEAL, ACTIONS BY AFFECTED PERSONS
4.0 General
4.1 Administrative Appeals
4.2 Administrative Appeal Procedure
4.3 Supplementary Conditions & Safeguards
4.4 Appeal to the Board
4.5 Notification to Applicant
4.6 Request for Hearing by Affected Person
4.7 Judicial Review Procedure
Article 5
DISTRICT REGUALTIONS
5.0 Purpose
5.1 Compliance with Regulations
5.2 Official Schedule of District Regulation
5.3 Land Use Chart
5.4 Regulations for the “A” (Agricultural) Zone
5.5 Regulations for the “A/NR” (Agricultural/Nature Resources) Zone
5.6 Regulations for the “C-1” (Light Commercial) Zone
5.7 Regulations for the “C-2” (Heavy Commercial) Zone
5.8 Regulations for the “M-1” (Light Manufacturing) Zone
5.9 Regulations for the “M-2” (Heavy Commercial) Zone
5.10 Regulations for the “P” (Public) Zone
5.11 Regulations for the “R” (Residential) Zone
5.12 Regulations for the “R/A” (Residential/Agricultural) Zone
5.13 Regulations for the:
Recorded Townsites of Basalt,
5.14 Regulations for the “F” (FLOOD HAZARD OVERLAY) ZONE
5.15 Regulations for the “A/P” (AIRPORT/OVERLAY) ZONE
Article 6
SPECIFIC USE STANDARDS
6.0 Purpose
6.1 Applicability
6.2 Specific Use Standards
Article 7
OFF-STREET PARKING AND LOADING
7.0 Purpose
7.1 Regulations
Article 8
SIGNAGE
8.0 Purpose
8.1 Sign Regulations
8.2 Permitted Signs In Any Zone
8.3 Prohibited Signs
8.4 Process
Article 9
CONDITIONAL USE PERMIT REGULATIONS
9.0 General
9.1 Contents of Application for a Conditional Use Permit
9.2 Review of the Application for a Conditional Use Permit
9.3 Additional studies
9.4 Provisions for Land Use Time Limitations
9.5 Procedures for Hearing and Notice
9.6 Action by the Planning Commission
9.7 Supplementary Conditions & Safeguards
9.8 Notification to Applicant
9.9 Appeal to the Governing Board
9.10 Request for Time Extension
9.11 Revocation of a Conditional Use Permit
Article 10
SUBDIVISION REGULATIONS
10.0 Purpose
10.1 Jurisdiction
10.2 Original Parcel
10.3 Administrative Plat
10.4 Preliminary Plat
10.5 Final Plat
10.6 Combining Preliminary and Final Plats
10.7 Design Standards
10.8 Financial Agreement
10.9 Modifications to a Recorded Plat
10.10 Subdivision/Easement Vacations
10.11 Mineral Extraction (Short Term) – During Subdivision Construction
Article 11
PLANNED UNIT DEVELOPMENTS (PUD)
11.0 Purpose
11.1 effect
11.2 Provision Governing Planning Unit Developments
11.3 Minimum Area
11.4 Requirements
11.5 Ownership Requirements
11.6 Common Open Space
11.7 Amenities
11.8 Utility Requirements
11.9 Increased Residential Density
11.10 Arrangement of Commercial Uses
11.11 Arrangement of Industrial Uses
11.12 Arrangement of Recreation Uses
11.13 Contents of Application for Approval of Preliminary Development Plan
11.14 Procedure for Public Notice & Hearing
11.15 Recommendation by the Planning & Zoning Commission
11.16 Action by the Governing Board
11.17 Expiration & Extension of Approval Period
Article 12
VARIANCES
12.0 General
12.1 Application & Standards for Variances
12.2 Variances Procedure
12.3 Supplementary Conditions & Safeguards
12.4 Notification to Applicant
12.5 Appeal to the Board
Article 13
ZONING ADMENDMENTS
13.0 General
13.1 Initiation of Zoning Amendments
13.2 Content of Application
13.3 Transmittal to Planning Commission
13.4 Planning Commission Public Hearing Procedure
13.5 Recommendation by the Planning Commission
13.6 Action by the Governing Board
Article 14
NON-CONFORMING USES
14.0 Intent
14.1 Incompatibility of Non-Conforming Uses
14.2 Avoidance of Undue Hardship
14.3 Single Non-Conforming Lots of Record
14.4 Non-Conforming Uses or Structures or of Structures & Land in Combination
14.5 Repairs & Maintenance
14.6 Uses under Conditional Use Provisions Not Non-Conforming Uses
14.7 Exception to Non-Conforming Use Provision
Article 1
GENERAL REGULATIONS
1.0 Title
1.1 Authority
1.2 Purpose
1.3 Scope and Content
1.4 Applicability
1.5 Ordinances’ Repealing Effect
1.6 Interpretation
1.7 Provisions for Official Zoning Maps
1.8 Disincorporation
1.9 Errors in Legal Descriptions of Property
1.10 Combining of Permits
1.11 Business Licenses
1.12 Neighborhood Meetings
1.13 References
1.14 Separability
1.15 Preservation of Private Property Rights
1.16 Violations
1.17 Code Enforcement
1.18 Penalties
1.0 TITLE:
Upon
adoption by the board of
1.1 AUTHORITY
This Zoning Ordinance is adopted pursuant to Idaho Code title 67, chapter 65 and title 50, chapter 13; Idaho Code § 31-801 and § 31-828; and article 12, section 2 of the Idaho Constitution.
1.2 PURPOSE
A.
Carry out the intent
and purposes of the “
B.
Carry out the
policies of the comprehensive plan by classifying and regulating the uses of
property and structures within the unincorporated areas of
C.
Establish zoning districts
within
D.
Protect and promote
public health, safety, morals, comfort and general welfare;
E.
Provide standards
for the orderly growth and development of
1. The
height, number of stories, size, location of structures, construction,
reconstruction, alteration, repair or;
2. Size,
minimum lot dimensions, landscape buffers, size of required yards, and density
of residential properties;
3. The
use of structures and property;
4. Ensure
the most appropriate use of properties;
5. To
control the density of population;
6. To
prevent undue traffic congestion;
7. To
facilitate adequate and economical provisions for public improvements.
F.
Protect property
rights and property values;
G.
Provide a method of
administration and prescribe penalties for the violations of regulations
hereafter described as authorized by the Constitution and Laws of the State of
1.3 SCOPE AND CONTENT:
This title shall consist of the text adopted by Ordinance ____________, as amended from time to time, and the Official Zoning
Maps, as amended from time to time. Copies are available for review at the
1.4 APPLICABILITY
This zoning ordinance applies to the development and use of
all lands within the unincorporated area of
A.
Compliance: No persons shall construct, alter, move or
change the use of a structure or commence any development or use, (unless
otherwise pre-empted by federal, state or local law), unless:
1.
The proposed use,
structure, or division of property complies with this ordinance.
2.
Any approval
required by this ordinance is first obtained and any applicable conditions of
approval are met.
All persons, entities and governmental units, including
their political subdivisions, shall comply with plans and ordinances adopted
under this ordinance, unless specifically exempted by state or federal law.
B.
Permits Required: Nothing in this ordinance shall eliminate the
need for obtaining any other required permits, including, but not limited to, building
permits required by the Bingham County Building Code, plumbing, electrical, or
mechanical permits, grading permits, or any permit, approval or entitlement
required by ordinances of the Bingham County Code of Ordinances, other
political subdivisions of the State of Idaho, or the federal government.
C.
Unincorporated
D.
Previous Violations: The prosecution of violations that occurred under previous land use
regulations and that remain a violation under this Title shall continue until
resolved.
E. Project With Pending Application: Applications pending as of the effective date of this Ordinance, ____________, 2008:
1.
Project(s) with
pending application(s). All applications shall be processed according to the
regulations and requirements in effect as of the date the Administrator accepted
the application(s).
2.
Approved project(s)
with pending request(s) for a time extension. Time extension requests shall be
consistent with the requirements that are in effect when the original
application was approved.
3.
Approved projects
not yet completed. Any approved application may still be completed as provided
by the approval.
1.5 ORDINANCES’ REPEALING EFFECT
The enactment of this ordinance repeals Bingham County Planning and Zoning Ordinance 84-4 and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. All sections of the aforementioned Ordinances repealed by this Ordinance shall remain in force as to the authorization and enforcement of said Ordinances prior to the effective date of this Ordinance.
1.6 INTERPRETATION
A.
Language:
1.
Terminology: When used in this ordinance, all words used
in the present tense shall include the future; words used in the singular
number shall include the plural number and the plural shall include the
singular, unless the natural construction of the sentence indicates otherwise.
The word “shall” is mandatory, and the word “may” is permissive. The masculine
include the feminine.
2.
Number of days:
Whenever a number of days is specified in this ordinance, or in any permit,
condition of approval, or notice issued or given as provided in this ordinance,
the number of days shall be construed as calendar days, except that such time
limits shall extend to the following working day when the last of the specified
number of days falls on a weekend or a Bingham County holiday.
3.
Minimum requirements: When interpreting and applying the regulations of this
ordinance, all regulations shall be considered to be minimum requirements,
unless stated otherwise. Proposed uses shall comply with all applicable
regulations and standards unless specifically exempt elsewhere in this
ordinance.
4.
Defined terms: Terms
defined in Section 2 of this Title shall have their defined meaning when used
elsewhere in this Title. For the purpose of readability and clarity, such terms
are not shown in initial caps.
5.
Bolded headings: Bolded
headings are for reference purposes only and shall not be used in the
interpretation of this ordinance.
6.
References: All
references to state or federal laws and/or regulations or county laws/regulations
shall refer to such laws and/or regulations as they may be amended over time.
B.
Measurements:
1.
Structure height
shall be measured in accord with the
2.
Linear distance
shall be measured in a horizontal line; it shall not be measured along an
inclined surface or line. For uses that have a separation standard, the
distance shall be measured from the nearest customer entrance of the proposed
use to the nearest property line of the specified use. The measurement is to be
conducted in a radial fashion by the specified number of (e.g., 300 feet, 1,000
feet).
C.
Zoning District Boundaries: Where uncertainty exists about the location of any zoning
district boundary shown on the County’s Official Zoning Map, the following
rules shall be used to resolve the uncertainty:
1.
Where a zoning
district boundary approximately follows a property line, such property line
shall be construed as the zoning district boundary except when the property
line is changed subsequent to zoning approval.
2.
Where a zoning
district boundary approximately follows a street, road, alley, railroad line,
such street, road, alley railroad line, centerline, or the extension of such
line, shall be construed as the district boundary. Where a street or alley if
officially vacated and that street or alley has not been given a zoning
designation, the land that was formerly in the vacated street or alley shall
have the same designation as the abutting property on either side of the
centerline of the vacated street or alley.
3.
Where a district
boundary approximately follows a watercourse, the centerline of the watercourse
shall be construed to be such boundary. In the event of a change in the
watercourse shoreline, the boundary shall be construed as moving with the
actual shoreline.
4.
Where a district
boundary does not obviously coincide with any of the above lines (property;
street, alley, or railroad line; watercourse), or where it is not designated by
dimensions, it shall be deemed to be located along the nearest section, quarter
section, or sixteenth section line.
D.
Conflicting Regulations:
1.
In case of conflict
between the Zoning Ordinance Text and the Official Zoning District-boundary
Maps of this Ordinance, the maps shall prevail.
2.
If conflicts occur
between different regulations of this Title, or between this Title and other
regulations of
3.
It is not intended
that this Title interfere with, abrogate, or annul any easements, covenants, or
other agreements between parties; however, where this Title imposes a greater
restriction upon the use of structures or premises or upon the height of
structures, or requires larger space than is imposed or required by ordinances,
rules or regulations, or by easements, covenants, or agreements, the regulations of this Title shall govern.
E.
Allowed Uses: If
a proposed use of property is not specifically listed in Chapter 5 DISTRICT
REGULATIONS, the use shall be prohibited, except as follows: the Administrator
may determine that a proposed use not listed in Chapter 5 DISTRICT REGULATIONS is equivalent to a principal permitted or conditional use.
In making the determination, the Administrator shall consider the following:
1.
The determination
must be in writing with all supporting documentation attached.
2.
The impacts on
public services and activities associated with the proposed use are
substantially similar to those of one or more of the uses listed in the
applicable base districts as allowed;
3.
The proposed use
shall not involve a higher level of activity or density than one or more of the
uses listed in the applicable base districts as allowed;
4.
The proposed use is
consistent with the purpose of the district in which the use is proposed to be
located; and
5.
The proposed use is
in substantial conformance with goals and objectives of the Comprehensive Plan.
1.7 PROVISIONS FOR OFFICIAL ZONING MAPS:
A. The boundaries of zones shall be established and clearly indicated upon the zoning map or maps adopted as part of this Ordinance.
B. All amendments of the official zoning map or maps shall follow the procedures set forth in Article 13 of this Ordinance.
C. Areas are to be classified according to the established zoning requirements and such zoning shall give due consideration as to conformity with the adopted comprehensive plan and its stated goals and objectives.
1.8 DISINCORPORATION:
Where property becomes a part of the unincorporated area of
Bingham County by the disincorporation of any city, or portion thereof, such
properties shall be zoned by the Board following the notice and hearing
regulations of Sections 13 of this Title to the Bingham zoning district that most
closely resembles that to the city’s zoning prior to disincorporation.
1.9 ERRORS IN LEGAL DESCRIPTIONS OF
PROPERTY: Where a property has not been zoned because of an error in a
legal description, the following shall apply:
A.
If the error is
caused by the County, the error shall be corrected and duly processed by the
County as soon as the error is discovered.
B.
If the error is caused by
the applicant and/or owner, the applicant shall apply for an Official Zoning
Map amendment and submit the proper fees pursuant to Chapter 13 ZONING ADMENDMENTS of this Title.
1.10 COMBINING OF PERMITS:
Pursuant to Idaho Code § 67-6522, the board or Commission may combine related applications for the convenience of applicant(s).
1.11 BUSINESS LICENSES:
Notwithstanding applicant’s fulfillment of all requirements established in this ordinance, all existing and future businesses, located within the unincorporated areas of Bingham County, including home occupations shall obtain and maintain any required business licenses required by any federal, state or local laws.
1.12 NEIGHBORHOOD MEETINGS:
A.
Applicants are
encouraged to conduct a neighborhood meeting for variances, conditional uses,
zoning ordinance map amendments, expansions or extensions of nonconforming uses
prior to submittal of an application.
B.
It shall be the sole
duty of the applicant to provide written notice to all property owners or
purchasers of record owning property within six hundred (600) feet of the
exterior boundary of the subject property sent by first class mail. Notice of a
neighborhood meeting shall be in addition to, and not combined with notices
already required by this ordinance, and shall include the date, time, location
and purpose of the meeting.
C.
The purpose of the
neighborhood meeting shall be to review the proposed project and discuss
neighborhood concerns, if any.
a)
On the subject
property;
b)
At a nearby
available public meeting place including, but not limited to, a fire station,
library, school, or community center; or
c)
At an office space
with suitable meeting facilities if such facilities are within a one (1) mile
radius of the nearest public meeting place.
D.
The neighborhood
meeting shall not be conducted earlier than six (6) months prior to the acceptance
of the application, and at least ten (10) calendar days after notice of the
neighborhood meeting.
E.
If a neighborhood
meeting is conducted the applicant should provide the administrator with a copy
of the minutes, the starting and ending times of the neighborhood meeting and
an attendance list, with names and addresses, of those who attended the
neighborhood meeting.
F.
All expenses shall
be covered by the applicant.
1.13 REFERENCES:
Wherever in this title reference is made to other special
zoning ordinances or codes of Bingham County, such cross reference is for the
coordination of this title with such other ordinances, but to any extent such
other ordinance has not yet been adopted, such reference shall be ignored.
1.14 SEPARABILITY:
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared unconstitutional or invalid.
1.15 PRESERVATION OF PRIVATE PROPERTY RIGHTS:
This Title shall be interpreted to equally protect citizens
from the undue encroachment of their private property by their neighbors’ use
of their private property and equally protect each citizen’s right to use of
their property without creating undue burden upon their neighbors.
A.
Every citizen of
B.
In the enforcement
of this Title, it shall be deemed to apply equally to each citizen and each
property in similar circumstances, and shall not be enforced to discriminate
between one individual and/or another individual or other group as compared to
all others.
1.16 VIOLATIONS:
A. It
is a violation of this Ordinance for any person to initiate or maintain or
cause to be initiated or maintained the use of any structure, land or real
property within
B. It
is a violation of this Ordinance for any person to use, construct, locate,
demolish or cause to be used, constructed, located, or demolished any
structure, land or property within Bingham County in any manner that is not
permitted by the terms of any permit or authorization issued pursuant to this
Title or previous codes.
C. It
is a violation of this Ordinance for any person to not comply with specific
conditions of approval as stated in a Certificate of Zoning Compliance,
Conditional Use Permit, Final Plat, or Planned Unit Development as set forth in
this Title.
D. It
is a violation of this Ordinance to misrepresent any material fact in any
application, plans or other information submitted to obtain any land use
authorization as set forth in this Title.
E. It
is a violation of this Ordinance for anyone to fail to comply with the
requirements of the development code, as set out in the specific sections of
this Title.
F. The
land owner/ property owner is responsible for all violations on their property.
1.17 CODE
ENFORCEMENT:
A.
Duty to Enforce:
B.
Investigation:
1.
The code enforcement
officer shall investigate any structure or use which he or she reasonably
believes does not comply with the standards and requirements of this Title.
2.
If, after
investigation, it is determined that the standards or requirements of this
Title have been violated, a code enforcement officer shall serve a notice of
violation upon the owner, tenant and/or other person responsible for the
condition. The notice of violation shall state separately each standard or
requirement violated; shall state what corrective action, if any, is necessary
to comply with the standards or requirements; and shall set a compliance date
of no more than 30 days from the date of service of notice or publication of violation. The notice shall state that any further
violation may result in criminal prosecution and/or civil penalties.
3.
The notice shall be
served upon the owner, tenant or other person responsible for the condition by
personal service, registered mail, or certified mail with return receipt
requested addressed to the last known address for such person. If, service can
not be made within 10 days and effort is made to serve or mail notice without
success, then notice may be made by publication in the newspaper of record for
C.
Extension of
Compliance Date:
1.
The Planning
Administrator may grant a reasonable extension of time for compliance with any
notice or order, whether pending or final, upon finding that substantial progress
toward compliance has been made and that the public will not be adversely
affected by the extension. Such extension of time shall not exceed one hundred
and eighty (180) days, except in extreme cases.
2.
An extension of time
may be revoked by the Planning Administrator if it is shown that any of the
following are true:
a.
The conditions at the
time the extension was granted have changed;
b.
The Code Enforcement
Officer determines that a party is not performing corrective actions as agreed
and so notifies the Planning Administrator; or
c.
If the extension
creates an adverse effect on the public.
The date of revocation shall then be considered as the
compliance date.
1.18 PENALTIES:
A.
A violation of the
provisions of this Title is declared a Misdemeanor. Any person violating or
failing to comply with any of the provisions of this Title shall be subject to
criminal prosecution and upon conviction shall be fined in a sum not exceeding
one thousand dollars ($1,000.00) or be imprisoned for a term not exceeding six (6)
months or be both fined and imprisoned. Each day of noncompliance with any of
the provisions of this Title shall constitute a separate offense.
B.
Notwithstanding the
provisions of Subsection A above, the Prosecuting Attorney, at his or her sole
discretion, may civilly prosecute any violation of this Code and seek all
available remedies that may include, but are not limited to abatement of the
non-compliant conditions, revocation of existing permits for non-compliance,
civil damages for enforcement, or any other remedy as allowed by law.
C.
Upon due process, the
County may file a lien upon any real property owned by convicted person to
recover mitigation costs.
D. This
Chapter does not cover the actions of Board members, County Commissioner,
and/or staff acting within their official capacities. These actions shall be
covered by State law § 59-701 through 59-705.
ARTICLE 2
DEFINITIONS
2.0 Purpose
2.1 Construction of Words
2.2 Definitions
2.3 Figures
2.0 PURPOSE:
For the purpose of this Ordinance, certain terms are defined as set forth below:
A. CONSTRUCTION OF WORDS
For the purpose of this Title, certain words and terms are defined as follows:
A. The word Person includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
B. The word lot includes the words plot, tract or parcel of land as the sense may require it.
C. The term erected means constructed, altered, moved or repaired.
D. The words shall and must are always mandatory.
E. The word may is a permissive requirement.
F. The word should is a preferred requirement.
G. The word district is synonymous with the word zone.
H. The term Administrator is synonymous with the term Planning and Zoning Administrator or Planning Director.
I. The term Planning and Zoning Commission is synonymous with the term Zoning Commission and the term Planning Commission is synonymous with the term Zoning Commission.
J. Words in the present tense include the future and the future includes the present; the singular number includes the plural and the plural the singular, unless the construction of the sentence indicates otherwise.
B. DEFINITIONS:
Abandoned: To cease or
discontinue a use or activity for twelve (12) months.
Abut or Abutting: Having a
common border with the subject property.
Access: Ingress/egress to a parcel or lot.
Accessory Building/Structure: A secondary (subordinate)
building located on the same lot, the use of which is incidental, but similar
to the main building and does not contain a dwelling unit and is a permitted use for the particular zone in which it
is located. Hallways, tunnels, breezeways, porticos, and similar connections
shall not constitute an attachment to the principal permitted dwelling. The
term accessory structure shall include, but not be limited to, the following:
private garage, storage structure, workshop, greenhouse and/or a structure that
houses a detached secondary dwelling.
Accessory Dwelling Unit: A temporary
dwelling unit that is incidental and subordinate to the principal use of the
premises, and does not alter the essential characteristic of the use. Also see
Guest House.
Accessory Use: The use of land, secondary building or part
thereof, or a portion of the main building such as being accessory to or
incidental to the principal use of the premises.
Administrative Record: All
documents and records timely filed with the Development Services Department,
for example applications, exhibits, petitions, requests, and other matters in
support or opposition; all documents or records admitted into evidence or
administratively noticed, and all orders or decisions issued by the Commission,
Board or administrative hearing officer; all official recordings or written
transcripts of hearings conducted. The administrative record does not include
any privileged or legally protected communications.
Administrator: An official having knowledge in the principles
and practices of zoning, and who administers and enforces this Ordinance. The
Bingham
Administrative Plat: The
approval of a minor plat by the administrator meeting certain requirements
without review and approval by the Planning and Zoning Commission.
Adult Entertainment Establishment: An adult
video or bookstore, adult cabaret, adult modeling or display establishment,
adult motel, or adult theater.
Adverse Impacts: Measurable
increases in noise, light, odor, visual, or other measurable impacts that
diminish use or enjoyment of property or are detrimental to the public health,
safety, and/or welfare.
Affected Person: One having an interest in real property that
may be adversely affected by the issuance or denial of a permit.
Agriculture: A tract of land that shall be used primarily
for farming, pasturage, cultivation, animal or poultry husbandry, dairying,
forestry, raising crops, fisheries, horticulture, and truck gardening. May
include all customary accessory and incidental uses, but excludes
slaughterhouses, fertilizer works, bone yards, tanneries, commercial feedlots,
commercial storage of farm products, family gardens, and pets or livestock
whose primary use is that of outdoor recreation.
a.
The
operation of any accessory use shall be secondary and supportive to that of
normal agricultural activity; and
b.
Any
incidental retailing of goods and products raised on the premises shall also be
considered as being within the definition of agriculture.
Agriculture Building/Structure: Any building or structure
designed and constructed to house farm implements, hay, grain, potatoes,
poultry, livestock or other horticulture products. This structure shall not be
used as a place for human habitation, personal items not directly needed for
agricultural use, garage or shop; nor be a place of employment where
agriculture products are processed or packaged or a place used by the public.
Agriculture Industry: Agriculture industries shall include, but not
be limited to, the following: commercial composting facility, meatpacking
facility, processing plant for agricultural and dairy products, and
slaughterhouse.
Agricultural Operation: Any
facility for the growing, raising or production of agricultural, horticultural
and viticulture crops and vegetable products of the soil. Poultry and poultry
products, bee keeping, livestock, field grains, seeds, hay, and dairy products,
and the processing for commercial purposes of livestock or agricultural
commodities, including the processing of such commodities into food
commodities. Any operations described in the agriculture definition is included
in this definition.
Agronomic Rate: The
application of fertilizer or other crop supplements: a) at rates whereby the
nutrients are fully taken up by the crop or stored in the soil, and b) in a
manner that does not negatively impact the waters of the state.
Airport/Airstrip: Any area of land or
water either public or private that is used or intended for use by aircraft,
including the necessary accessory structures or facilities located thereon, such as aircraft terminals for people, mail, or freight,
airport traffic control, weather stations, aircraft storage and repair, tie
down areas, storage of fuel or oil and other aircraft supplies and parts,
approach zones, landing strips, taxiways, clear area, hangars, offices and such
other facilities, buildings or structures.
Airport Approach Surface: A surface
longitudinally centered on the extended runway centerline, extending outward
and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in Section 5.12 of this
ordinance. In plan the perimeter of the approach surface coincides with the
perimeter of the approach zone.
Airport Influence Areas: The areas
surrounding the
Airport Elevation – The highest point
of an airport’s usable landing area measured in feet from sea level.
Alley: Any public
space or thoroughfare which has been dedicated or deeded to the public for
public use and which provides a secondary public mains of access to abutting
properties. Also see definition Street, Alley.
Allowed Use: Any use
listed in article 5 of this title, as a principal permitted, conditional, or an
accessory use.
Alternations, Structural: Any change,
other than incidental repairs, which would prolong the life of the supporting
members of a building or structures, such as bearing walls, columns, beams, and
girders.
Amateur Radio Antenna: The
supporting towers and antenna structure necessary for broadcast formal radio
communication service for the purpose of self-training, intercommunication, and
technical investigation carried out by amateurs, that is, duly authorized
persons interested in radio technique solely with a personal aim and without
commercial interest.
Americans with Disabilities Act: The
Americans with disabilities act part III (appendix A to part 36), as published
in the federal register volume 56 no. 144 (and subsequent editions) and the
Americans with disabilities act part II, as published in the federal register
volume 56 no. 173.
Amusement Facility: The use of a
site or facility for entertainment,
which may contain accessory buildings, used for public entertainment, spectator sports or recreational activities including,
but not limited to, amusement parks, bowling,
carnivals, drive-in theaters, fitness clubs,
golf courses, marinas, museums,
performing arts theaters, racetracks, riding arenas, skating rinks, sports fields, video arcade and zoos.
Animal Unit: A measurement used to determine equivalent
numbers of different animal types for CAFO issues.
All animal units shall be based on the following unit equivalents:
Beef/Bison
1 Bull or Steer =
1.0 Unit
1
Slaughter/Feeder Cow =
1.0 Unit
1 Dairy Heifer = 1.0 Unit
1 Beef Cow/Calf Pair (up to 6 months of age) = 1.2 Unit
1
Dairy Cow =
1.4 Unit
1 Feeder Calf (3+ Mos.) =
0.5 Unit
1 Calf (up to 3 Mos.) =
0.1 Unit
Horses
1
Horse 1000 lbs & up = 1.0
Unit
Under
1000 lbs =
0.5 Unit
Mare
& Foal =
1.2 Units
Swine
1
Swine =
0.5 Unit
1 Feeder Pig (up to 55 lbs) = 0.2 Unit
Sheep, Lambs, Goats
1 Sheep or Lamp =
0.2 Unit
1 Goat =
0.3 Unit
Chickens,
Chickens =
0.24
Ducks =
0.24
Geese =
0.24
Penned Rabbits
Rabbit =
0.24
Fish
(500 lbs) =
1.0
Species Not Specifically
Identified
(350 lbs) = 1.0
Animal Waste: Animal
excrement, feed wastes, process wastewater, or any other waste associated with
the confinement of animals.
Animal Waste Management System: Any structure
or system that provides for the collection, treatment or storage of animal
waste.
Annexation: The process
by which the City’s corporate boundary is expanded to incorporate additional
property pursuant to
Antenna: Any system
of wires, poles, rods, reflecting discs, or similar devices used in
telecommunication that radiates or captures radio or other signals.
Apartment: Any building or portion
thereof which is designed, built, rented, leased or let to be occupied or which
is occupied as the home for residence of two (2) or more families living in
independent units each with private bathroom and cooking facilities.
Apartment House or Multiple-Family Use: Any building or
portion thereof which is designed, built, rented, leased, let or hired out to
be occupied or which is occupied as a home or residence for three (3) or more
families living independently of each other and doing their own cooking in said
building.
Appeal: A request
for a review of a decision to a superior authority.
Applicant: Any person
initiating a proposal for any action or provision authorized under this
Ordinance.
Application: An
application shall include, but not be limited to zoning amendments, conditional
use permits, variances, preliminary development plans or plats, final
development plans or plats, appeals, and certificate of zoning compliance.
Approach: A
connection between the outside edge of the shoulder or curb line and the
abutting property at the highway right-of-way line, intended to provide access
to and from said highway and the abutting property. An approach may include a
driveway, alley, street, road or highway.
Approved Use: The term
approved use as used in this Article shall include, but not be limited to: a
principal permitted use with a certificate of zoning compliance; an approved
conditional use; or an approved accessory use.
Aquaculture: The
cultivation of the natural produce of water (as plants or fish). For the
purpose of this ordinance aquaculture does not include fish ponds on private
property or ponds that are created as parts of subdivisions or planned unit
developments and that may have fish or plants in them. Aquaculture is
commercial when fish or plants are raised, harvested and sold en mass
regardless of scheduled harvesting seasons.
Area of City Impact: Idaho Code §67-6526
requires that cities and counties adopt an Official Impact Area Map identifying
an area of city impact within the unincorporated area of the county. The area of city impact shall be defined considering the
trade area of the city, geographic factors and areas that can be reasonably
expected to be annexed to the city in the future.
Area of Special Flood Hazard: The land in
the flood plain within a community subject to a one percent (1%) or greater
chance of flooding in any given year.
Arena, Personal: An enclosed building with dirt or sandy
floors, used for personal enjoyment involving large livestock.
Arterial: See
definition of street, Arterial.
Arterial, Minor:
Arterial, Principal:
Artists Studio: The use of
the site for small-scale, craftsman-operated production of materials, assembly
of parts, or the blending of materials, including metal, plastics, computer
components, electronics, oils and resins. Uses included are furniture
refinishing, machine ships, cabinet-makers, frame shops, and works of art.
Assisted Care Facility: A
commercial operation where adults help the aged or infirm care for themselves.
Asphalt Plant: A facility
where paving asphalt is prepared.
Auction Establishment: Premises on
which merchandise is stored on a temporary basis to be sold through an on-site
auction.
Awning: A
projecting cover extending over a door, window or wall section with support
attached to the structures and used as cover, protection, or as decoration.
Babysitting: The act of
caring for up to three (3) children at the home of the babysitter while the
parents or usual guardians are absent on a sporadic or occasional basis; or the
act of caring for sibling children at their home or at the home of a relative.
Babysitting is not regulated by this Title.
Bar: A structure
used primarily for the sale or dispensing of liquor by the drink or glass, but
not including restaurants where the principal business is serving food.
Barrier/Buffer: A vertical
element including, but not limited to, berms, fences, landscaping, trees,
shrubs, walls, structures, separation of land uses by a road, watercourse or
other boundary (naturally occurring or man-made) or a combination thereof, that
completely surrounds an area and controls access to such area.
Base Flood: The flood
having a one percent (1%) chance of being equaled or exceeded in any given
year.
Basement: A dwelling
unit all or partly underground but having at least one-half (1/2) of its height
below the average level of the adjoining ground.
Batch Plant: A central
proportioning and mixing plant for the production of an aggregate product. The
term batch plant, when used in this ordinance, also includes the following
definitions:
A. Asphalt Batch
Plant – A central proportioning and mixing plant for aggregate and asphalt
binder to produce an asphalt concrete pavement.
B. Hot Mix
(Plant Mix) Asphalt – Utilizes the heating of aggregate and asphalt binder in
the production of the asphalt concrete pavement.
C. Cold Mix
Asphalt – Does not utilize heating within the batch plant of the aggregate or
asphalt binder in the production of the asphalt concrete pavement.
D. Concrete
Batch Plant – A central proportioning and mixing plant for aggregate, cement,
water, and other additives to produce cement concrete.
Bed and Breakfast: An owner occupied dwelling providing over
night sleeping accommodations and meals for compensation of no more than 10
occupants including the owner and owner’s family.
Berm: An earthen
mound designed to provide visual interest, screen undesirable views, and/or
decrease noise.
Best Management Practices: A practice
or combination of practices found to be the most effective, practicable means
of preventing or reducing the amount of pollution or odor generated by a
source, point, or non-point, to a level compatible with water quality, nutrient
management, waste management and air pollution goals.
Block: A parcel of land or group of lots entirely surrounded by
public streets, streams, railroads, parks, a natural or artificial boundary or
combination thereof.
Board: The Board
of
Boarding House: An establishment with individual rooms and not
more than one (1) kitchen where meals and lodging are provided for, with or
without compensation, to more than three (3) or more unrelated persons, other
than a motel, hotel or restaurant. For the purpose of this ordinance, where the
number of boarders are two (2) persons or less, such boarders shall be
considered as part of the family.
Brew Pub: An
establishment, or portion thereof, that brews less than thirty thousand
(30,000) barrels of beer annually and as defined by
Brewery: An
establishment that brews thirty thousand (30,000) barrels of beer or more
annually and as defined by
Buffer Area: An area of land, that may include landscaping,
berm, walls, fences, planted or natural vegetation or the utilization of
building setbacks, that is located between land uses of different character and
is intended to mitigate negative impacts of the more intense land use.
Building: Any structure with walls and roof affixed to the land for the
housing of persons, animals, or chattels. Where a building is separated by a
division wall with no openings, each portion of such dwelling shall be deemed
to be a separate building.
Building, Accessory: A subordinate
building detached from, but located on the same lot as the principal building,
the use of which is incidental and accessory to the of the main building or
use.
Building Area: The space within the setback lines remaining
on a lot after the minimum setback or open space requirements of this ordinance
have been met. See Figure 6
Building Height: The vertical distance from the grade to the
highest point of the roof.
Building Inspector: The officer
or other designated authority charged with the enforcement of the adopted
Building and related Codes for
Building,
Building, Non-Conforming: Any building
which does not conform to the requirements of this Title.
Building Official: The officer or other designated authority
charged with the enforcement of the adopted Building and related Codes for
Building Permit: A permit to be obtained before any
construction. An official document or permit issued by the Building Department
authorizing the commencement of construction.
Building Setback Line: A line
established by law or agreement and usually parallel to a property line beyond
which a building or structure may not extend
Building Site: The ground
area of a building or group of buildings together with all open spaces as
required by this Title.
Building, Supply Outlet: The use of
a site for the retail sale and service of merchandise used in home and garden
improvements. The use includes home and garden centers, hardware stores, lawn
and garden equipment supply stores, paint and wallpaper stores, lumber yards,
nursery, garden and farm supply stores.
Bulk
Plant: Any premise or land where storage tanks for products including, but
not limited to, fuel, chemicals, fertilizers, dry cement or propane gas are
kept and dispensed at retail or wholesale.
Burden of Persuasion: This refers
to the requirement that the party seeking relief from the board or Commission
must provide evidence to the board or Commission showing that the party has met
the ordinance’s requirements.
Business: The purchase, sale, exchange or other transaction
involving the handling or disposition of any article, substance or commodity
for profit or livelihood, or the ownership or management of office buildings,
offices, recreation or amusement enterprises or the maintenance and use of
offices or professions and trades rendering services. Also see Commerce.
Calf Raising Operation: The raising
of calves from birth weight to approximately four-hundred (400) pounds in
preparation to return them to a diary, feedlot, or other facility for the
purpose of raising replacement heifers or for fattening cattle in preparation
for slaughter.
Campground: An area or tract of land that
accommodates one or more temporary residential uses, including, but not limited
to , cabins, tents, campers, travel trailers, motor homes, and/or recreational
vehicles.
Cannery: A place where the business of preserving foodstuff such as
meat, fruit, and vegetables in sealed containers, is carried on for business,
profit, or as a community cooperative.
Canopy: A roof-like
structure projecting from the exterior surface of a building, but not attached
to the building or freestanding, constructed of a supporting framework and
covered with non-rigid materials.
Caretaker: A person
who watches over business property for security reasons and may or may not have
a residence on said property.
Carport: A
stationary structure consisting of a roof with its supports and not more than
two walls and used for sheltering a motor vehicle.
Car Wash: An
establishment or area that provides facilities for washing and cleaning
vehicles, which may use production line methods with a conveyor, blower, or
other mechanical devices, and that may employ some hand labor. The facility may
include vacuums and drying areas as accessory uses.
Cemetery: Land used or intended to be used for the burial and/or
perpetual care of human or animal remains; and includes burial parks, mausoleums
for vault or crypt interments, crematories, and mortuaries, or any combination
thereof, if operated in connection with and within the boundaries of such
cemetery.
Certificate of Occupancy: Official
certification that a building and site conform to the provisions of
Certificate of Zoning Compliance: A document
issued by the Administrator that certifies that the structure or use meets the
requirements of this Title.
Child Care Facility: See
definition Daycare.
Church or Place of Religious Worship: An
establishment that by design and construction is primarily intended for the
conducting of organized religious services, meetings, and associated activities
and that is recognized as a religious corporation or society of the State of
Idaho with a state tax exempt status in accord with Idaho Code §63-602B.
Civic, Social and Fraternal
Organizations: A facility owned or operated by an organized
association of persons for a social.
Literary, political, educational or recreational purpose primarily for
the exclusive use of members and their guests, and not primarily operated for
profit not to render a service that is customarily carried on as a business.
Clear Vision Triangle: An area at
the intersection of two (2) streets, the intersection of a public street and a
driveway, the intersection of a public street and alley, or at the crossing of
a railroad over a street, that is clear of sight obstructions to motorists, as
defined in Idaho Code § 49-2211. Also known as a Sight Vision Triangle. See
figure 3 section 2.4 of this Title.
Clerk: The clerk
of the board, also known as the deputy county clerk.
Clinic: A building other than a hospital as herein defined, used
by licensed physicians for the purpose of receiving and treating patients.
Club or Lodge: A building or portion thereof or premises
owned or operated by an organization or by an organized association of persons
for the exclusive use of members and their guests where periodic meetings may
be held to promote common non-profit interest. This does not include any
organization, group, or association, whose principal activity is to render a
service usually and ordinarily carried on as a business.
Collector: See definition of Street, Collector.
Co-location: The use of
a single tower to support more than one wireless telecommunication service
provider’s equipment, or the mounting of an antenna to a preexisting structure.
Commence: Includes substantial improvement and means the date the
building permit was issued; provided, the actual start of construction, repair,
reconstruction, placement, or other improvement was within one hundred eighty
(180) calendar days of the permit date. The improvements include residential,
commercial, industrial or agricultural improvements. The actual start means
either the first placement or permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piers, the
construction of columns or any work beyond the excavation; or the placement of
a manufactured home on a foundation or the installation of streets and/or
walkways. The term “commence” includes the acceptance by Planning & Zoning
Department of a complete application, together with the application fee, for a
preliminary plat or a short plat. Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include:
A. Erection of
signs;
B. Excavation
for a basement, footings, piers or foundation or the erection of temporary
forms;
C. The
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
Commerce: The purchase, sale, exchange or other transaction
involving the handling or disposition of any article, substance or commodity
for profit or livelihood or the ownership or management of office buildings,
offices, recreation or amusement enterprises or the maintenance or use of
offices for professions and trades rendering services.
Commercial Agriculture: the
cultivation of animals, food, forage and/or flower crops, raised to be sold to
anyone other than the owner or occupant of the agricultural facility.
Commercial Agriculture Storage: Any
building or structure designed and constructed to house agricultural or
horticulture products that are not exempted by Id Code § 39-4106 (4).
Commercial Entertainment Facilities: Any premise
of land used for a profit-making activity that is generally related to the
entertainment field.
Commercial Feedlot: See
definition of Feedlot.
Commercial Kennel: See
definition of Kennel, Commercial.
Commercial Meat Packing Facility: Includes meat canning,
curing, smoking, salting, packaging and freezing or other similar
establishments in which meat products are so processed for sale to the retail
trade, and where the inspection of meat, meat-by-products and meat food
products are maintained. Does not include a slaughterhouse facility.
Commercial Slaughterhouse And Meat
Packing Facilities: Includes slaughtering, meat canning, curing,
smoking, salting, packaging, rendering, freezing or other similar
establishments in which meat products are so processed for sale to the public
and where inspection of meat and meat-by-products and meat food products are
maintained.
Commission: The appointed Planning and Zoning Commission
of Bingham County, Idaho.
Common Drive: An access
shared by adjacent property owners that is privately owned and maintained.
Community Center: A
building to be used as a place of meeting, recreation, or social activity and
not operated for profit and in, which neither alcoholic beverages or meals are
normally dispensed or consumed.
Community Sewage Disposal System: A system where more
than two homes are connected to a common waste disposal system and designed to
accommodate connection to a municipal collection and treatment system when
available.
Composting: Accelerated
biological decomposition of organic matter, such as animal waste/manure, by
mechanical or chemical means.
Composting Facility, Commercial: Facility
for the large scale production of compost intended for sale and use on premises
other than where such compost is produced.
Comprehensive Plan: A compilation of goals, policies, 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 Idaho Local Land
Use Planning Act, as amended or subsequently codified. May also be referred to as the “Plan.”
Concession Stands: A building, structure, vehicle or tent, having
less than 300 square feet of area that is used for the sale of food, beverages,
and/or souvenirs on a temporary basis. Can not be located in
Conditional Approval: An affirmative action by the Planning and
Zoning Commission or the Governing Board indicating that approval will be
forthcoming upon satisfaction of certain specific stipulations.
Conditional Use: Use of a structure or use of land permitted
within a district other than a principally permitted use that requires a Conditional
Use Permit and approval of the Commission and may be subject to limitations and
conditions. As enabled by Idaho Code §67-6512.
Condominium: An estate in real property as defined in Idaho
Code section 55-101B that is not a subdivision. Also see definition Townhouse
Confinement Areas: Any area or
structure where livestock and/or poultry are stabled, confined, gathered, fed
maintained, and/or milked and where such areas do not sustain crops,
vegetation, forage growth, or postharvest residues in the normal growing
season.
Confined Animal Feeding Operation (CAFO): See definition
Feedlot.
Conflict of Interest: A member or
employee of a governing board, commission or joint commission shall not
participate in any proceeding or action when the member or employee or his
employer, business partner, business associate, or any person related to him by
affinity or consanguinity within the second degree has an economic interest in
the procedure or action. No member of a governing board or a planning and
zoning commission with a conflict of interest shall participate in any aspect
of the decision-making process concerning a matter involving the conflict of
interest.
Congregate Residence: Any building or portion thereof that contains
facilities for living, sleeping, and sanitation, as required by the adopted
Building Code and may include facilities for eating and cooking, for occupancy
by other than a family. A congregate residence may be a shelter, convent,
monastery dormitory, fraternity, or sorority house, but does not include jails,
hospitals, nursing homes, hotels, or lodging houses.
Contiguous: Areas or
parcels of land may be deemed contiguous when separated by county roads.
Contractor: A person or firm who agrees to furnish
materials or perform a service at a specific price. The term contractor shall include, but not be
limited to, electrical, plumbing, landscaping, building, hauling or any other
similar activities.
Contractor’s Shop: May
include, but not be limited to, a building where a contractor conducts his
business, including offices and parking of equipment and employee parking, all
contained within a building or site obscuring barrier.
Contractor’s Yard: An area of land or premises surrounded by a
site-obscuring fence that may be used by a contractor for storage of material
or maintenance and incidental repair of machinery used for the business. Not to
be used as place of storage for used or salvaged material.
Convenience Store: A small retail establishment that carries a
wide variety of merchandise for the accommodation of those who live in the
immediate vicinity.
Corn Maze: A confusing
intricate network of passages in a corn field.
Corner Property: See
definition of Property, Corner.
County:
County Surveyor: That
licensed professional land surveyor appointed by the board to check plats and
monuments for compliance with platting and surveying laws, provide for
surveying monument records, and make such surveys, descriptions, maps, and
plats as ordered by the board.
Covenant: A recorded document of written promise running with the
ownership of a lot in a recorded plat.
Coverage: The area of
a property occupied by all structures.
Cul-De-Sac: See
definition of street, Cul-De-Sac.
Culvert: A drain
that channels water under a bridge, street, road or driveway.
Curb Cut: A cut in the
curb line for passage of vehicles.
Dairy/ Dairy Farm: The use of land where one or more bovine,
sheep, or goat(s), is milked and the operation is licensed by the State of
Idaho Department of Agriculture to sell milk for human consumption.
Dairy Products Processing: A facility
for processing raw milk into dairy consumer products.
Dance Hall:
Establishments in which more than 10% of the total floor area is
designed or used as a dance floor, or where an admission fee is directly
charged, or some other form of compensation is obtained for dancing.
Dance Hall, Public: Any
room, place or space that is open to the general public for participation
whether or not a fee is charged for admission.
Dancing Establishments:
Any restaurant, bar, hotel, motel, club, lodge, night club or other
gathering place open to the public, whether or not admission is charged,
wherein dancing is allowed and participated in on a recurring basis by one or
more persons, whether or not they are compensated for their dancing. This does not include the following:
a.
Dance
academies where dancing is permitted by students and instructor;
b.
Church
dances for members or in public or private schools for students or
c.
Hotels
or Motels that only rent enclosed banquet rooms or space for private parties.
Dangerous or Protected Animal: Any species
for which the state or federal government has established specific regulations
regarding such animal including, but not limited to, big cats, bears, raptors,
large reptiles, and other wildlife. The term shall not include any species
commonly recognized as domestic pets.
Day Care: Care and supervision provided for compensation during part
of a 24 hour- day, for children and adult care, not related by blood or
marriage to the person or persons providing the care, in a place other than the
child or adult’s own home. Types of day care facilities are as follows:
a.
b.
c.
Group
Day Care Facility – A home, place, facility providing for seven (7) to twelve
(12) clients.
Decision Making Body: The administrator,
Commission, or board, as set forth in section 3 of this title.
Dedicated or Dedication: The setting apart of land or interests
in land for use by the public by ordinance, resolution or entry in the official
minutes or by the recording of a plat showing such dedication. Dedicated land
becomes public land upon the acceptance by the Governing Board.
Density, Dwelling Unit: A unit of measurement; the number of
dwelling units per acre of land:
a.
Gross
Density—the number of dwelling units per acre of total land to be developed,
including the public rights-of-way.
b.
Net
Density—the number of dwelling units per acre of land when the acreage involved
includes only the land devoted to residential uses, excluding the public
rights-of-way.
Developer: The subdivider or authorized agent(s) of a subdivider.
Development: Any
construction or installation of a structure, or any change in use of a
structure, or any change in the use, character, or appearance of land, that
creates additional demand and/or need for public facilities.
Development Agreement: A contract between a developer and the Board
of County Commissioners that guarantees all development obligations relating to
a subdivision or other zoning approval and is secured by a performance/surety
bond or a lien against the real property. In accordance with Idaho Code §
67-6511A. This “development agreement” is also known as a “written commitment”.
Development Application: An
application for development that requires approval and/or action by the Administrator,
Commission, or Board.
Development Permit: A permit for
use of a structure, or use of land typically issued within the Natural
Resources/Agriculture District for other than a principally permitted use that
requires an affirmative recommendation by the Commission and approval of the
Board and is subject to the limitations and conditions specified therein.
Development Plan: A plan for the development of a large, unusual
or complicated land area, the platting of which is expected in progressive
stages that may include a Planned Unit Development.
Disabled Vehicle: Any motor
vehicle not in an operative condition or not currently licensed.
Distillery: A place
where alcoholic liquors are made and where a majority of the product is
produced on site.
District: An area designated on the Zoning Map in the
non-incorporated territory of
Division Right: the ability to legally divide a parcel of land
under the provisions o this ordinance. (See Original Parcel.)
Domestic Livestock: The raising of fowl, cattle, dairy animals,
swine, sheep, goats, and other grazing animals as a normal farm livestock
operation where the animals are pastured and fed grains or fodder of which a
substantial portion is grown on the premises as part of the overall
agricultural operation.
Domestic Pet: An animal
kept for enjoyment and companionship that is housed primarily inside the
dwelling.
Drinking Establishment: The use of
a site primarily for the sale or dispensing of alcohol by the drink or glass,
the use includes, but is not limited to, bar, brewery, lounge, night club and
tavern.
Drive-In Establishment: An establishment, other than an
automobile service station which is designed to accommodate the motor vehicles
of patrons in such a manner as to permit the occupants of such vehicles while
remaining therein to make purchases or receive service. The term drive-in establishment shall include, but not be
limited to, providing food or beverage service, bank service, prescription/medical
and/or film processing. The term drive-in establishment shall not include fuel
sales facility or vehicle washing facility as herein defined.
Driveway: Vehicular
access to one or two inhabited building(s).
Dry Land: Land that
does not have surface or subsurface irrigation water rights.
Duplex: A building
designed for or used by two (2) families or housekeeping units attached by a
common wall located on the same property.
Dustless Materials: Hard
surfaces used for driveways, loading and parking including but not limited to,
concrete, asphalt, grasscrete, pavers, bricks, and macadam.
Dwelling: A building or portion thereof containing one
or more dwelling units and which complies with the structural requirements of
the adopted building code. The term “dwelling” does not include any travel
trailer, tent, motel, hotel, guesthouse, boarding house or child care home.
a.
Dwelling,
Multiple-Family: A building or portion thereof containing 3 or more dwelling
units including condominiums/townhouses located on the same parcel.
b.
Dwelling, Secondary: A habitable dwelling unit
established in conjunction with and subordinate to a single-family dwelling
unit. The term shall include guest house, granny flat, carriage house, garage
apartment and caretaker unit.
c.
Dwelling, Single Family, Attached: a structure
containing two (2) dwelling units attached by a common wall or walls, where
each dwelling unit is located on a separate property.
d.
Dwelling,
Single Family, Detached: A building separated from other buildings by open
space and designated for use and occupancy by no more than one family.
e.
Dwelling, Townhouse: A structure containing three
(3) or more dwelling units, having a common wall or walls with other similar
units within the structure. The common wall between units from basement floor
to roof shall be a two-hour firewall as required by the Building Code. Each
unit must have its separate access from the outside and it may not extend above
or below another unit. Each dwelling unit is located on a separate parcel.
f.
Dwelling,
Two-Family Duplex: A structure containing two (2) dwelling units attached by a
common wall, where both dwelling units are located on the same property.
Dwelling Unit: A building, or portion thereof, providing
independent living facilities for one family including provisions for living,
sleeping, cooking and sanitation. The term “dwelling or dwelling unit” does not
include any motel, hotel, guesthouse, or boarding house as defined herein.
Easement: Recorded authorization by a property owner for the use of
any designated part of their property by another for specified purpose as
defined by Idaho Code § 50-1301.
Easement, Utility: An access required by a utility or canal
company.
Education Institution, Private: The use of
a site for education purposes not supported by the State of
Education Institution, Public: The use of
a site for education supported by the State of
Encroachment: Unauthorized use of a public right of way
such as: signs, fences, building, parking, storage etc.
Engineer: Any person licensed by the State of
Engineering Plans: Plans,
profiles, cross-sections and other required details for the construction of
improvements, prepared by a registered professional engineer in accordance with
the final plat and in compliance with existing standards of design and
construction.
Environmental Assessment Statement: A statement
prepared by qualified professional(s) duly licensed by the State of
Electric Distribution Line: Those lines
carrying between 7 kV and 35 kV of electricity directly to customers.
Electric Subtransmission Line: All lines 46
kV, 69kV, and 138 kV carrying electricity between two (2) substations.
Electric Transmission Line: Those lines
carrying from 230 kV to 500 kV of electricity from a power generation site to a
substation.
Employee: A person
employed on the premises by the property owner and receiving not less than
seventy five percent (75%) of the employee’s annual income from said property
owners.
Engineer: Any person
who is licensed in the state to practice professional engineering.
Erected: Constructed,
altered, moved or repaired.
Establishment: A place of
business or residence with its furnishings and staff.
Existing Facility (CAFO): A facility
built and in operation at the time of the effective date of this Ordinance. (Sept
28, 2005)
Exotic Animals: Animals that
are not native to the State of
Expanding Facility (CAFO): An existing
Facility that increases its animal unit capacity above that which had been
previously approved.
Family: An
individual or two (2) or more persons related by blood, marriage, or adoption;
or a group of not more than five (5) persons (excluding servants) who need not
be related by blood, marriage, or adoption living together in a dwelling unit.
Farm: A property
in agricultural use that is five (5) acres in size or greater.
Farm Animals: Animals
kept or raised for pleasure or compensation. These animals may include but not
be limited to, equine, bovine, sheep, goat, pig, and fowl.
Farm Labor Dwelling Unit: Dwelling
unit(s) for farm laborers employed full time in connection with the
agricultural use of the land.
Feedlot, Stockyard, Livestock Confinement Operation: Any parcel of land
containing twenty (20) acres or less having greater than five (5) animal units
per acre, or any parcel of land containing twenty (20) acres or more having a
minimum of one hundred (100) animal units in a corral for more than one hundred
eighty (180) days or more in any twelve (12) month period.
Feed Store: The use of a
site/structure that offers grain, hay, animal feed, grass seed, and other farm
supplies to the public for monetary compensation, including limited bulk
storage of fertilizer, seeds, grain and hay.
Fence: An enclosure
or barrier constructed of wood, masonry, stone, wire, metal or other
manufactured materials used to enclose, screen or separate areas. Walls,
latticework and screen are considered fences. A fence may not be placed in such
a way as to violate
Fence, Closed Vision: A fence that
does restrict or impede vision or sight through the fence by twenty percent
(20%) or more.
Fence, Open Vision: A fence
that does not restrict or impede vision or sight through the fence by more than
twenty percent (20%).
Fence, Solid: A fence that
effectively conceals from viewers in or on adjoining properties and streets,
materials stored and operations conducted behind it.
Final Approval:
Unconditional, approval of the final plat as evidenced by appropriate
certifications on the plat; such approval constitutes authorization to record a
plat.
Final Decision: The written
decision at the conclusion of a case, including all processes of the Commission,
hearing examiner and the board.
Final Plat: See
definition of Plat, Final.
Financial Institution: The use of a
site for lending, exchanging and handling money or currency for customers, the
use includes, but is not limited to credit unions, savings and loan, commercial
banks, cash machines, insurance agents, and loan establishments.
Fire Authority: The chief
officer or an authorized representative of the fire department serving the
jurisdiction.
Fire District: A Fire
Protection District exercising jurisdiction over property or premises as
authorized by
Fireworks
Fish Pond, Commercial: A pond
created and maintained for personal use and not for commercial or charitable
purposes.
Fish Pond, Private: A pond
created and maintained for personal use and not for commercial or charitable
purposes.
Flag: Any fabric,
banner, or bunting containing distinctive colors, patterns, or symbols, used as
a symbol of a government, political subdivision, or other such entity.
Flammable Substance Storage: An
establishment, or portion thereof, wherein combustible substances (as defined
by the Uniform Fire Code) are store.
Flood or Flooding: A general
and temporary condition of partial or complete inundation of normally dry land
areas from:
C. The overflow
of water;
D. The unusual
and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official
map of a community on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
Flood Plain: The relatively flat area or low land adjoining
the channel or a river, stream or other body of water which has been or may be
covered by water of a flood of 100 year frequency as shown on FIRM MAP PANELS
for Bingham County. The flood plain includes the channel, floodway and floodway
fringe as follows:
a.
100-Year
Flood: Flood magnitude that has a one percent chance of being equaled or
exceeded in any given year.
b.
Flood:
The temporary inundation of lands adjacent to and inundated by overflow from a
river, stream, lake, or other body of water.
c.
Channel:
A natural or artificial watercourse of perceptible extent, with definite bed
and banks to confine and conduct continuously or periodically flowing water.
d.
Floodway:
The channel or a watercourse and those portions of the flood plain adjoining
the channel that is reasonably required to carry and discharge the floodwater
of any watercourse.
e.
Floodway
Fringe: That part of the flood plain that is beyond the floodway. Such area
will include those portions of the flood plain that will be inundated by a
100-year flood.
Floor: The top
surface of an enclosed area within a building (including basement), ie., top of
slab in concrete slab construction or top of wood flooring in wood frame
construction. The term does not include the floor of a garage used solely for
parking vehicles.
Floor Area: The measure
of total square footage of a building and is the sum of the areas of the
several floors of the building, including basements, mezzanine and
intermediated floored tiers and penthouses of headroom height, measured from
the exterior walls.
Food Products, Processing: The use of a
site for producing, manufacturing, processing or storage of food products, the
use includes, but is not limited to beverages, coffee, ice, snacks, fruits,
vegetables, spices, confectionary, and diary products. Excluded uses are animal
precuts, seafood, milling and refining.
Footprint: Area of the
ground covered by a structure, including the foundation and all areas enclosed
by exterior walls and/or footings.
Fossil Fuel Plant: A fossil
fuel power plant burns fossil fuels such as coal, natural gas or
petroleum (oil) to produce electricity.
Foundation Facia: A weather
resistant material surrounding the entire perimeter of a manufactured house or
mobile home which encloses the space, excluding ventilation, between the
exterior wall of the manufactured house or mobile home and the ground.
Foundry: An
establishment used for melting, molding, and casting of metals.
Fowl: Chickens, ducks, geese, pheasants, partridge, guinea hens,
turkeys, peacocks, or other similar domesticated birds.
Front Property Line: See
definition of Property Line, Front.
Front Yard: See
definition of Yard, Front.
Frontage: The front of the property, measured along the street from
side property line to side property line. On corner lots and through lots, all
sides of a lot adjacent to streets shall be considered frontage.
Frontage Street: See
definition of street, Frontage.
Furbearers: Mink, fox,
beaver, otter, rabbit, or other similar small animals raised for their pelt.
Garage, Private: An attached or a detached building or a
portion thereof in which motor vehicles, used by the tenant of the main
building on the premises, are stored.
Garage, Public: An attached or detached building or structure or a
portion thereof for use by the public where motor vehicles are stored or
parked.
Glare: Light
emitted from a fixture with intensity great enough to cause visual discomfort,
eye fatigue, reduction in a viewer’s ability to see and, in extreme cases,
momentary blindness.
Governing Authority: The Board of
Grade: The lowest
point of elevation of the finished surface of the ground, paving or sidewalk
within the area between the building and the property line or, when the
property line is more than five feet (5’) from the building, between the
building and a line five feet (5’) from the building.
Grade,
Grain Elevator: A structure
equipped with mechanical lifting devices used for storing grain.
Grandfather Rights: The right
to continue a land use already in operation prior to the ordinance/legislation
was passed. See section 14, nonconforming property, use or structure.
Gravel Pit: See definition
of Mining
Greenhouse: Structures
whose roof and sides are made largely of transparent or translucent material
and in which the temperature and humidity can be regulated for the cultivation
of plants.
Gross Floor Area: The sum of
the gross horizontal areas of the floors including the exterior walls of a
building or portion thereof.
Group Daycare Home: See
definition of Daycare, Group Daycare Facility.
Group Residence: A place or
facility that provides care and supervision for compensation for eight (8) or
fewer unrelated mentally and/or physically handicapped or elderly persons that reside
and who are supervised at the group residence in connection with their handicap
or age related infirmity.
Guest: A person
other than a member of a family hiring or occupying a room for living or
sleeping purposes.
Guesthouse: An
additional site built house on a lot or parcel of land that:
A. Is owned by
the owner of the lot or parcel containing the owner’s residence;
B. Does not have
its own separate house number (address);
C. The occupants
do not provide compensation of any kind or rent to the owner;
D. Has inhabitable
space not greater than one thousand square feet (1000’); and
E. Is located
within two hundred feet (200’) of the principal residence.
Habitable Space: Space in a
structure for living, sleeping, eating, or cooking. Bathrooms, toilet
compartments, closets, halls storage or utility space, and similar areas, are
not considered habitable space.
Half Street: See
definition of Street, Half.
Halfway House: An
establishment that provides housing for persons convicted of nonviolent crimes
that are in the later stages of serving a sentence and are being transitioned
back into society.
Hard Surface: Any surface
which is capable of providing an all weather driving surface for reasonable
emergency traffic, including fire department travel and may be, but is not limited
to, gravel, concrete, asphalt, stone, or brick.
Hazardous Waste: This is
defined or determined by the United States Environmental Protection Agency.
Health Authority: The officer or other designated authority
charged with the administration and enforcement of the rules and regulations of
the District Health Department of the State or the County. The term health
authority shall be liberally construed to include all of the adopted, approved
or certified plans, rules, regulations, statutes, or laws of the health
authority.
Health Department: The Southeastern Idaho Health Department.
Health Officer: The
director of the Department of Health of Bingham County, Idaho, or any member of
the staff of such department who is authorized to act for the director.
Hearing Examiner: A person
hired by county to act in the capacity of a hearing examiner as defined in
Heavy Equipment: Shall
include, but not be limited to, truck, trailer, farm or excavating machinery,
and/or motor freight.
Heavy Industry: See
definition of Industry, Heavy.
Height: The datum
shall be mean sea level elevation unless otherwise specified.
Height of Building: The
vertical distance from the grade to the square of the building.
Height, Wireless Communication
Facility: The vertical distance measured from finished grade to the top of
the pole, structure, or tower, including the antenna.
High Water Mark: The water level corresponding to the line
which the water impresses on the soil by covering it for periods of time.
Highway: A street so
designated as a state or federal highway by the state or federal agency
responsible therefore.
Highway District: A highway
district exercising jurisdiction over property or premises as authorized by
Hobby Kennel: See
definition of Kennel, Hobby.
Home,
A. Pre-Housing and Urban
Development and Federal Housing Administration (HUD/FHA)
B. Designed for long term
occupancy and containing sleeping accommodations, a flush toilet, a tub or
shower bath and kitchen facilities with plumbing and electrical connections for
attachment to outside systems.
C. Designed to be transported
after fabrication on its own wheels.
D. Arriving at the site where
it is to be occupied as a dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor and incidental unpacking
and assembly operations, location of foundation supports, connection to
facilities and the line.
E. Such unit may not or need
not meet structural requirements of a dwelling as provided in the adopted
building code.
F. Not designed to be used
as storage units, classrooms, offices or other non-residential uses. As defined
by
Home, Nursing: A building housing any facility,
however named, whether operated for profit or not, the purpose of which is to
provide skilled nursing care and related medical services for more than eight
(8) individuals suffering from illness, disease, injury, deformity or requiring
care because of old age. Also known as a “rest home”.
Home Occupation: Any gainful operation,
profession, or craft conducted or engaged in by an occupant of a dwelling, and
wherein the use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes. Including: beauty salons, handicrafts, dressmaking, realtors,
attorneys, teaching music, dance, or other instructional classes when limited
to no more than five attendees at a time. (Does not include repair shops or
retail
Horizontal Surface: A horizontal
plane 150 feet above the established airport elevation, the perimeter of which
in plan coincides with the perimeter of the horizontal zone.
Horses for Private Use: Horses kept and maintained as an
accessory use on a parcel for the pleasure and use of the occupants thereof,
and not used for commercial or agricultural operation purposes.
Hospital: A medical institution licensed by the State that is
devoted to the maintenance and operation of facilities for the medical or
surgical care of patients twenty-four (24) hours a day, including air transport
facilities. The term hospital does not include health care and social services,
nursing and residential care facility, or establishments that forcibly confine
patients.
Hotel: Any building containing 6 or more guest rooms intended for
or designed to be used, rented or occupied by guests for sleeping purposes only
as defined by Idaho Code § 67-4711.
Household Pet: Animals or fowl customarily permitted in the
house and kept for company or pleasure, including dogs, cats, birds, and
similar pets. Does not include potbelly pigs or other exotic animals that could
be dangerous to the general public.
Hunting Lodge: Seasonal structure
such as a cabin, yurt, or similar building for temporary use during the hunting
season.
Illuminated: A light
source for a sign that is contained within the sign and is visible only through
a translucent surface or recessed into the sign structure.
Immediate Family Member: Includes
father, mother, son, daughter, brother, sister, granddaughter, grandson,
grandfather, grandmother.
Impact Area: The area of
future possible city incorporation as established by the Area of City Impact
Agreements with each incorporated city within
Impervious Surface: A surface
that has been compacted or covered with a layer of material so that it is
highly resistant to infiltration or absorption by water. It includes surfaces
such as compacted sand, shale, limerock, or clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots, and other
similar structures.
Implement: Substantial
development efforts towards full implementation of the use approved.
Determination of substantial development shall be a matter of fact to be
decided in the discretion of the Commission or the board.
Impound Yard: Any lot or parcel of land, excluding a fully
enclosed building, that is used for the storage or holding of vehicles or
personal property, whether taken into custody of the law or other reasons.
Improvement: Any
alteration to the land or other physical construction associated with
subdivision and building site development. Shall include, but not be limited
to, roadway paving, curb, gutter, sidewalk, pedestrian pathway, bike path,
water line, sewer line, drainage work, bus turnout, streetlight and/or
landscaping.
Industrial: Refers to the manufacture, processing, and
testing of goods and materials. It does not refer to the growing of agriculture
crops or the raising of livestock, or the extraction or severance of raw
materials from the land being classified, but it does include activities
incidental thereto.
Industry, Heavy: Manufacturing and other industrial uses which
are generally major operations and extensive in character requiring large
sites, open storage and service areas, extensive services and facilities, and
ready access to transportation. May generate some nuisances such as smoke,
noise, vibration, dust, or other commonly recognized offensive or hazardous
conditions.
Industry, Light: Manufacturing and other industrial uses which
are usually controlled operations and which are relatively clean, quiet and
free of objectionable or hazardous elements such as smoke, noise, odor and
dust, generally operating and storing within enclosed structures and generating
little industrial traffic.
Infill: Any vacant
lot or parcel within a developed area, where at least eighty percent (80%) of
the land within a three hundred feet (300’) radius of the site has been
developed, and where water, sewer, streets, schools and fire protection have
already been developed and are provided.
Inhabit: To dwell,
live, reside, work or stay.
Inoperable Vehicle: Any motor
vehicle that cannot move under its own power that does not meet the minimum
legal requirements necessary for the motor vehicle to be operated in a safe and
lawful manner upon the roads and highways in the State of Idaho as set forth in
the motor vehicle laws of the State of Idaho. Any utility, camp trailers that
are dismantled.
Interstate: A street
that is designated as an interstate on the most current Bingham County long
range highway and street map as adopted by the board.
Irrigation Facilities: Includes canals, laterals, ditches, conduits,
gates, pumps and allied equipment necessary for the supply, delivery and
drainage of irrigation water.
Junk: Discarded, used or second-hand materials, including but
not limited to, used machinery, scrap copper, brass, iron, steel or other
ferrous or non-ferrous metals, tools, appliances, implements, vehicles, or
parts thereof, furniture, rags, glass, paper materials, plastic, rubber,
cordage, or building materials.
Junk Collector: Means and
includes a person having a fixed place of business in the county but who,
personally or by representation, goes from house to house, or from place to
place gathering, collecting, buying, selling, or otherwise dealing in, any old
rags, sacks, bottles, cans, papers, metals, automobiles, trucks, machinery or
bicycles which are collected, bought, sold or otherwise dealt in, after being
dismantled or taken apart, or other articles commonly known as “junk”.
Junk Dealer: Means and
includes a person having a fixed place of business in the county but who,
personally or by representation, goes from house to house, or from place to
place gathering, collecting, buying, selling, or otherwise dealing in, any old
rags, sacks, bottles, cans, papers, metals, automobiles, trucks, machinery or
bicycles which are collected, bought, sold or otherwise dealt in, after being
dismantled or taken apart, or other articles commonly known as “junk”.
Junk Yard: Any outdoor space, establishment or parcel
that is maintained, operated, or used for storing, keeping, buying or selling
junk, or for the maintenance or operation of an automobile salvage yard. As
defined by Idaho Code § 40-111. It does not include places where such uses are
conducted entirely within a completely enclosed building, such as pawn shops
and establishments for the sale, purchase, or storage of used furniture and
household equipment and it does not include cars in licensed operable condition
or salvaged materials which are incidental to a legal manufacturing operation.
The term “junkyard” shall include vehicle wrecking yards, recycling yards and
establishments for the sale, purchase or storage of used motor vehicles and
parts, including machinery, in operating or non-operating condition. Further,
this definition is intended to specifically include the accumulation of junk,
trash, and garbage on any premises or property by an occupant and/or landowner.
Juvenile Treatment Facility: An
establishment, or portion thereof, that:
a.
Provides permanent provisions for living,
sleeping, eating, cooking, and sanitation for more than eight (8) juveniles
under eighteen (18) years old, and that
by design and construction is primarily intended for the
b.
Provides treatment for substance abuse, mental
illness, emotional disturbance, developmental disability, mental retardation,
or juveniles who have been identified by the judicial system as requiring
treatment, therapy, rehabilitation, or supervision.
For the
purpose of this title, this definition shall include group foster homes with
more than thirteen (13) juveniles.
Kennel, Commercial: Any premises or portion thereof on which four
(4) to twenty (20) dogs over six (6) months of age, unless otherwise approved
by the Planning & Zoning Commission domestic pets are maintained, harbored,
possessed, trained, bred, boarded, or cared for in return for compensation, but
not including a animal clinic, animal hospital, or veterinary office.
Kennel, Hobby: A facility
located at the private dwelling of the dog owner, where four (4) to ten (10) of
the owner’s dogs over six (6) months of age are maintained for purposes of
breeding, hunting, organized field trials, obedience or training, competition,
security or for personal enjoyment.
Laboratory: Facilities
for biological, serological, biophysical, cytological, and pathological tests,
and facilities for the chemical or other examination of materials from water,
air or other substances, as defined by Idaho Code § 39-103.
Lagoon: Lined or unlined earthen structure designed to treat
effluent through bio-degradation by bacteria.
Land Application: The
spreading on or incorporation of Animal/Wastewater Waste into the soil mantle
primarily for beneficial purposes.
Land Use Map: A general
map adopted and maintained by the County which shows the most appropriate use
of land within the County. (Said Land Use Map to be included in and made a part
of the Comprehensive Plan.)
Landscape: To change
the natural features of a plot of ground so as to make it more attractive, such
as by adding lawns, trees, shrubbery and the like.
Landscaping Business: this is a
for profit enterprise to design, store, sell, construct or install equipment
and/or materials commonly used in landscaping, sprinkler irrigation systems
repair or installation, for example; grass, ground covers, trees, shrubs,
hedges; and non-living durable materials commonly used in landscaping, for
example: brick, cinderblock, stone, rocks, gravel, sand, cinder, walls, fences,
berms, sculptures, fountains and gazebos.
Landscape Maintenance: Watering,
weeding, pruning, mowing, litter removal, pest control, and removal/repair of
vandalism as needed to maintain a neat and orderly appearance.
Large Livestock: Cattle, dairy animals, swine, sheep, goats,
horses, mules, llamas, emus, ostrich, or similar domesticated animals. Does not
include exotic animals, such as lions, bears, zebras, or reptiles.
Large Scale Development: A
subdivision, the size of which consists of fifty (50) or more lots or dwelling
units, the Commission may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the
proposed development.
Laundry and Dry Cleaning: An establishment that washes large quantities
of laundry or dry cleaning for commercial patrons in machines larger than
standard laundry machines.
Letter of Credit: A letter issued by a bank or other guaranteed financial
institution authorizing
Light Industry: see definition of Industry, Light.
Light Trespass: The extension of a light fixture’s effective zone of light beyond
the boundaries of the property on which it is located. See figure 3, section 2.3
of this article.
Lighting, Direct: Lighting, the source of which is visible to a viewer and/or which
is reflected from the surface of the sign or building. This definition shall
include exposed neon lights and tubing.
Lighting, Indirect or Internal: Lighting for which the
source of light is located in such a manner that the light must travel through
a translucent material other than the bulb or tube necessary to enclose the
light source, which material has the effect of dispersing the light before it
strikes the eye of the viewer.
Liquid Manure: See definition of Manure, Liquid.
Livestock: See definition of Large Livestock.
Livestock Confinement Facility: See definition of Feedlot.
Living Area: the area of a residential dwelling as measured in square feet,
excluding the garage.
Loading Space, Off-Street: An open off-street area of land for the
principal use of standing, loading and unloading of motor vehicles and
tractors-trailers in order to avoid undue interference with public streets and
alleys. The off-loading space shall be considered over and above any off-street
parking space requirements.
Lodge: See
definition of Club or Lodge.
Lot Clustering: A
development design technique that concentrates residences in specific areas
on-site to allow the remaining land to be used for agriculture, recreation,
common space, and/or conservation of environmentally sensitive areas.
Lot of Record: A lot that is described by metes and bounds
and which has been recorded by deed with the Office of the
Lot Split: The act of
dividing an original lot, tract, or parcel into 2 parcels or tracts for the
purpose of sale or building development, whether immediate or in the future.
All newly created lots must comply with all zoning requirements. See
10.2 Original
a.
Corner
Lot — a lot located at the intersection of 2 or more roads with an external
angle of not more than 135 degrees, or situated on a curved street or way whose
radius is thirty-five (35) degrees or less;
b.
Flag — A property in the shape of a flag on a
pole where access to the street is from a narrow right of way.
c.
Interior
d.
Reversed
Frontage Lots — a lot on which frontage is at right angles to the general
pattern in the area. A reversed frontage lot may also be a corner lot, and;
e.
Through
Lounge: See
definition of Tavern/Lounge.
Lowest Floor: The top of
the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not
considered a building’s lowest floor; provided, that, such enclosure is not
built so as to render the structure in violation of the applicable
non-elevation design requirements of this ordinance.
Manufacturing: The making of a product, especially by
machinery, including assembling, fabricating, processing and refining. (See
Industry.)
Manufactured Building: Any building
or building component, other than a mobile home, which is constructed according
to standards contained in the international building code, as adopted or any
amendments thereto, which is of closed construction and is either entirely or
substantially prefabricated or assembled at a place other than the building
site.
Manufactured Home: A structure, meeting the Housing and Urban
Development and Federal Housing Administration HUD/FHA manufactured home
standards (42 U.S.C. 5041), transportable in one or more sections built on a
permanent chassis and designed to be used as a dwelling unit with or without a
permanent foundation. The structure does not have permanent attached wheels and
axles and does not include motor homes, recreational travel trailers or truck
campers, or mobile homes that do not meet HUD/FHA standards. Not designed to be
used as storage units, classrooms, offices or other non-residential uses. As
defined by Idaho Code § 39-4105.
Manufactured Home, Abandoned: Any
manufactured home not used as a residence, excluding office, classroom and any
other intended approved uses for 6 consecutive months.
Manufactured Home
Manufactured Home Park: A parcel of land developed with
individual spaces for siting more than two manufactured homes to be leased or
rented for long-term occupancy. Does not include manufactured home subdivisions
where lots are individually owned, dwellings for bona fide agricultural labor
purposes, or temporary second dwellings.
Manufacturing: Shall include
the processing, packaging, or assembly of products and incidental storage,
sales, and distribution of such products, but excluding those uses defined as
heavy industry.
Manufacturing, Extractive: Any mining,
quarrying, excavating, processing, storing, separating, cleaning or marketing
of any mineral natural resource.
Manufacturing, Heavy:
Manufacturing, processing, assembling, storing, testing and similar industrial
uses which are generally major operations and extensive in character; require
large sites, open storage and service areas, extensive services and facilities,
ready access to regional transportation; and normally generate some nuisances
such as smoke, noise, vibration, dust, glare, air pollution and water
pollution, but not beyond the district boundary.
Manufacturing, Light:
Manufacturing or other industrial uses which are usually controlled operations;
relatively clean, and free of objectionable or hazardous elements such as
smoke, noise, odor or dust; operating and storing within enclosed structures;
and generating little industrial traffic and no nuisances.
Manure, Liquid: Manure and any associated wastewater,
including, but not limited to any excess water generated from the process and
any precipitation (rain or snow) that comes into contact with any manure,
litter or bedding, or any other material or product used in, or resulting from,
animal or poultry production.
Manure Management Plan:
A plan approved to collect, treat, store or remove animal waste.
Maps, Zoning: the map or
maps of
MATERIAL CHANGE: An alteration in the CAFO that meets at least one of the
following:
a.
Change in the size and/or
location of the Animal Waste Management System.
b.
Relocation of CAFO Improvements
outside of the CAFO Facility Area for which they were approved.
c.
Relocation of any CAFO
improvement so that it no longer meets a setback required by this ordinance.
d.
Change in type of animal housed.
e.
Change or relocation of feed
storage area that would affect required setbacks.
f.
Cumulative increase of the
permitted one-time Animal Unit Capacity by 25% or 150 animal units.
Meatpacking Facility: An
establishment maintained for canning, curing, smoking, salting, packing,
freezing, storing, or other similar uses in which meat products are processed
for commercial sales.
Mediation: A
settlement of a dispute by action of a neutral party, however, the settlement
is not typically binding on the parties.
Medical Clinic: See
definition of Clinic.
Mine: See
definition of Pit, Mine, or Quarry.
Mineral Exploration:
Exploration only, does not include extraction of materials.
Mineral Extraction (Long Term): All mineral
extraction, including but not limited to gravel extraction, and removal
activities that are not considered short term gravel extraction.
Mineral Extraction (Short Term): All mineral
extraction, including but not limited to, gravel extraction, and removal
activities from a site creating a hole, a swimming pool, or a pond or lake no
larger than two (2) acres in size.
Mini Storage: A building or buildings containing various
size storage compartments not exceeding 500 square feet each, and wherein each
compartment is offered for rent or lease to the general public for the private
storage of materials, excluding materials sold at the facility or directly
delivered to customers.
Mining: The extraction of sand, gravel, rocks, soil, or other
material from the land and the removal thereof from the site. For the purposes
of this Ordinance, mining shall not include the removal of excess materials in
accordance with approved plats, utility and highway construction, normal
farming practices, or sod removal.
Minor Arterial: See
definition of Arterial, Minor.
Mitigation: An action
that will eliminate, minimize or compensate for impacts from development or
uses.
Mobile Home: A trailer or structure manufactured in such a
manner that an undercarriage is affixed to the structure for the purpose of
enabling wheels and axle or axles to be affixed thereto whether such wheels and
axle or axles are affixed or not. This definition applies only to units constructed
prior to June 15, 1976 (pre-HUD). All moved, remodeled, or repaired mobile
homes must meet the requirements of the “Mobile Home Rehabilitation Checklist –
Compliance Certificate” (Title 44, Chapter 25, Idaho Code)
Monopole: A
cylindrical-shaped pole, usually made of steel, that has no visible break in
shape or appearance, other than tapering, which is secured to the ground in a
manner to stand vertically upright.
Monument: Any permanent marker either of concrete, galvanized iron
pipe or iron or steel rods used to identify any tract, parcel, lot or street
lines, as specified in Section 50-1303, Idaho Code.
Mortuary: An
establishment in which deceased human bodies are kept and prepared for burial
or cremation.
Motel: A building or group of buildings on the same premises,
whether detached, semidetached, or attached, containing guest rooms for
sleeping independently, intended primarily for the accommodation of transient
automobile travelers and are rented by the day. Also has accessible garage space or parking
space located on the premises. This definition shall include auto cabins,
tourist courts, motor courts, motor lodges, and similar designations.
Multi-Family Development: Development
where there are three (3) or more dwelling units or apartments located on the
same property in an urban base district.
Multi-Family Dwelling: see
definition of Dwelling, Multi-Family.
Native Animals: Animals
that are common to the State of
Natural Resources: Land and/or water in a natural, unimproved
state including that which may be growing on or found in the land. Natural
Resources include, but are not limited to, mineral deposits, timber, rangeland,
watersheds, recreation areas and wildlife habitat.
Natural Waterways: Natural
waterways as defined by the United States Army Corp of Engineers.
Neighborhood Association: A group that
has filed registration forms with the director, providing the name, boundaries,
and representative of the association.
Net Floor Area: That portion
of the gross floor area of the building and shall include hallways, storage,
and packaging space, dressing or restrooms and laboratory or work rooms;
provided, however, that floor space within the building reserved for parking or
loading of vehicles, and basement space used only for building maintenance and
utilities shall be excluded.
NEW CAFO: A CAFO commenced after the effective date of Sept 28, 2005.
New Construction: structures
for which the “start of construction” commenced on or after the effective date
hereof.
Nightclub: An
establishment that provides live or recorded music and a dance area for patrons
inside a structure. A nightclub may or may not serve alcohol. The term
nightclub shall not include dance studios as herein defined.
Non-Conforming Building/Structure: A building,
structure, or portion thereof, which does not conform to the regulations of
this Title applicable to the zone or district in which such building is
situated, but which existed prior to the effective date of this ordinance.
Non-Conforming Property:
A. A property
that lawfully existed prior to the effective date of this title, but that does
not now conform to the dimensional standards for the district in which it is
located.
B. A property
given amnesty under the regulations of chapter 14, of this title.
Non-Conforming Sign: See
definition Sign, Non-Conforming.
Non-Conforming Use: A lawful use of land or a building that does
not conform to the regulations of the district or zone but existed prior to the
enactment of this Ordinance.
Nuisance: In regards to
agriculture operations, is defined as being flies, odors, animal noises,
tractor operations, discharges or other operations that may be found to be
annoying, unpleasant, or obnoxious.
Nothing in this definition or Ordinance, however, shall be construed to
limit the protections provided for agriculture activities in Chapter 45, Title
22 of the Idaho Code, also known as the Right to Farm Act.
Nuisance Waiver: A form signed by owners or occupants of
single-family dwellings and divisions of land specifically waiving any nuisance
claims they may have against agricultural operations including livestock
confinement operations.
Nursery, Daycare: See
definition of Daycare.
Nursery, Plant/Greenhouse:
Any land, structure or a combination thereof for the storage,
cultivation or transplanting of live trees, shrubs or plants offered for sale
on the premises including products used for gardening and landscaping.
Nursery, School: A school
operated on a regular basis which provides day-time care or instruction for two
or more children from two to five years of age.
Nursing/Convalescent Home: A building or facility, operated for
profit or non-profit, providing skilled nursing care and related medical
services for 2 or more individuals on a 24 hour basis, who are mentally ill,
developmentally or physically disabled, or requiring care because of old age or
other illness.
Nutrient Management Plan: A plan prepared in compliance with the
Nutrient Management Standard or other equally protective standard approved by
the Director of the Idaho Department of Agriculture or his/her designee for
managing the amount, source, placement, form and timing of the Land Application
of nutrients and soil amendments for plant production and to minimize potential
for environmental degradation, particularly impairment of water quality and
complying with best management practices as it applies to a confined feeding
operation.
Occupancy: The character or use of a building or
premises.
Occupancy, Change of: Any change in the character or use of a
building or premises, not including change of tenants, proprietors, or
occupants.
Off-Street Parking: An area adjoining a building providing for the
parking of automobiles which does not include a public street but has
convenient access to it.
Off-Street Parking Facility: An enclosed
structure (other than a private garage) or open, hard-surfaced area (other than
a public street or private road), designed, arranged, and made available for
parking vehicles, where such use is operated as a business enterprise with a
service charge or fee being paid by the vehicle operator. Off-street parking
facility shall include, but not be limited to, a commercial parking lot and
public garage.
One-Time Animal Unit
Capacity (CAFO): The maximum number of animal
units that a CAFO Facility Area is capable of housing at any given point in
time.
Open Space: An area substantially open to the sky set
aside for use by the public or subdivision residents, does not need to
meet minimum zoning requirements. The area may include natural
features, parks and recreation, tennis courts, water areas, wildlife habitat,
historic or scenic, common areas, etc., or other areas that the Planning Commission
deems permissive or required. Does not include streets, parking areas or
structures.
Ordinance: this refers
to the
Original Parcel: A parcel of land that was legally recorded in
the
Outdoor Activity Area: An area not
fully enclosed that is associated with the use, including storage, equipment
loading and docking, but excluding vehicle parking.
Outdoor Storage of Materials: Material
(including, but not limited to, foods, wares, merchandise, metals, or vehicles)
that is kept in the same place for more than twenty four (24) hours in an open
area. The term outdoor storage shall include material that is kept under a pole
barn structure or any structure that is less than fully enclosed.
Overlay Zone: A set of
zoning requirements that are described in the ordinance text and maps, and
subsequently imposed in addition to those of the underlying district.
Development within the overlay zone must conform to the requirements of both
zones. They are usually employed to deal with special physical characteristics
such as flood plains, historic preservation areas, steep slopes, shorelines or
other environmentally sensitive areas, but have other applications as well.
Owner/Landowner: The person
or persons holding title by deed to land or holding title as vendees under a
land contract or holding any other title.
Parcel: A tract of unplatted land, in single ownership, as defined
in a recorded document and is totally contained within any one section of land.
Parcel of Record, Original: see
definition of Original Parcel.
Park: A public or
private open space that is primarily used for active recreation.
Park and Ride Facility: Parking lots or structures located
along public routes designed to encourage transfer from private vehicles to
mass transit or to encourage car pooling for the purposes of commuting.
Park, Travel Trailer: Any area,
tract, plot or site of land where upon two (2) or more travel trailers are
places, located and maintained for dwelling proposes on a temporary basis and
equipped with sanitary facilities. Such facility shall be located on major
highways or in the vicinity of public recreational facilities. Other public
convenience items may be required by the Planning and Zoning Commission.
Parking Lot, Private: An open, graded and surfaced area other than a
street or public way to be used for the parking of passenger vehicles for
occupants of a building or buildings for which the parking area is developed.
Parking Lot, Public: An open graded and surfaced area other than a
street or public way not developed in conjunction with a particular business or
use, intended to be used by the public for the parking of vehicles for a fee.
Parking Space: Usable space within a public or private
parking area or building for the storage of a single automobile or commercial
vehicle, not less than one hundred eighty (180’) square feet, [nine (9’) feet
by twenty (20’) feet].
Parking Space, Off-Street: An area
adequate for parking an automobile with dimensions conforming to the
requirements of Chapter 7 Off-Street
Parking and Loading Requirements of the Title, and shall be located totally
outside of any street or alley right of way.
Parkway: A landscaped
area located between the edge of a street section or curb and a sidewalk dedicated
to separate pedestrian and vehicular traffic.
Pasture: An enclosed
parcel of land where grass and forager are grown for the grazing of domestic
livestock.
Pedestrian Pathway: A pathway which is not adjacent to a public
street and improved for the use of pedestrian traffic.
Pennant: Any
lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series,
designed to move in the wind. The display of a single pennant, unattached to
another, may be regarded as a type of decorative flag.
Performance/Surety Bond:
A financial guarantee by a sub-divider or developer with the County
guaranteeing the completion of physical improvements according to plans and
specifications, and/or the operation of said development according to the
provisions required by the County. May
also be required to ensure the reclamation of said development site as agreed
to with the County. (See Development Agreement.)
Permanent Foundation: A foundation
of approved material meeting perimeter frost protection requirement and
complying with appropriate building code and Chapter 5
Permanently Affixed: A manufacture
house which has the running gear and towing hitch, or similar devices, removed
and is set up per manufacturer’s instructions on permanent footings, with
supports having an anchoring system that is totally concealed under the
structure and complies with Department of Housing and Urban Development
standards in effect at the time of the construction of the manufactured house.
Permanently affixed in general terms, outside of the manufactured house
context, means property physically attached to a structure so that the structure
must be physically altered to remove the property.
Permitted Use: See
definition of Principal Permitted Use.
Person: includes,
but is not limited to, an individual, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations, and all other or any other similar entity.
Pet: Household
animals, including rodents, not raised for profit and not a nuisance or hazard.
Pit, Mine, or Quarry: The various
activities associated with excavating valuable minerals from the ground,
including, but not limited to, excavating a pit, removing the resource,
processing the resource, disposing of unwanted material, and building a roadway
to accommodate hauling trucks.
Plan: The Comprehensive Plan of
Planned Unit Development: An area of land with a variety of
residential, commercial, industrial, or recreational uses developed under
single ownership or control in a pre-planned environment designed to protect
natural features, preserve open space and create public amenities. With more flexible in site and dimensional standards,
such as lot size and setbacks, than those restrictions that would normally
apply under these regulations.
Planning and Zoning Commission: The Planning and
Zoning Commission of
Plat: The drawing, map or plan of a subdivision, town site,
cemetery or other tract of land or a re-platting of such, including
certifications, descriptions, dedications and approvals.
a.
Preliminary Plat — The formal
presentation by drawings, including descriptions, requirements and all other
elements as required by Ordinance. Upon
acceptance by the Planning and Zoning Commission and Governing Board a
preliminary plat is used as a formal guide for the preparation of the final
plat.
b.
Final Plat —The final map,
diagram, drawing or re-plat, containing all descriptions, provisions,
certifications, and approvals concerning a subdivision in accordance with this
Ordinance which has been accepted by the Governing Board. After such plat has
been properly filed and recorded it shall thereafter be known as an authorized
play, subdivision or dedication.
c.
Recorded Plat — A final plat that has
been accepted by the Bingham County Recorder and filed for record.
d.
Short Plat — The combined approval
process of preliminary and final plats.
Plot: A parcel of
land consisting of one or more lots or portions thereof, which is described by
reference to a recorded plat or by metes and bounds.
Political Subdivision: A county,
city, school district, highway district, or irrigation district, fire district
or other district recognized by the Idaho Code as a political subdivision of
the State of Idaho.
Potato Warehouse: A building or
structure used for the storage of potatoes or for grading, packing, and
shipping of potatoes, but not including the manufacture of processed potato
products.
Power Plant: An
electricity generating facility regulated by the Federal Energy Regulatory Commission
including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass,
and wind energy conversion facilities.
Pre-built Home: See
definition of
Principal Arterial: See
definition of Arterial, Principal.
Principal
Permitted Use: The use of land or a structure allowed in a
specific zoning base or overlay district as distinguished from an accessory or
conditional use.
Principal
structure: For any given property, the structure in which the principal use
is conducted.
Private Road: A roadway
that is not dedicated to the public, privately maintained, that is not a part
of the public highway system.
Process Wastewater: Any water
on the CAFO Facility Area that comes into contact with any manure, litter,
bedding; raw, intermediate, or final material or product used in or resulting
from the production of animals and any products directly or indirectly used in
the operation of a CAFO Facility Area, such as spillage from animal watering
systems; washing, cleaning or flushing pens, barns, manure pits, or spray
cooling of animals, dust control or any precipitation which comes into contact
with Animal Waste.
Professional Activities: The use of offices and related spaces
for professional services by medical practitioners, lawyers, architects,
engineers, and similar professions.
Property: A lot or plot
including all buildings and improvements thereon.
Property Line, Front: The line
separating the lot or parcel from the street on which it takes access.
Property Line, Rear: The
property line opposite and most distant from the front property line. Where the
lot or parcel is irregular and the property lines converge, the rear property
line shall be deemed to be line at a point where the side property lines are
not less than twenty feet (20’) apart.
Property Line, Side: Any
property lines other than a front or rear property line. A side property line
separating a lot or parcel from a street is called a side street property line.
A side property line separating a lot or parcel from another lot or parcel is
called an interior side property line.
Property Line Adjustment: A division conveying a portion of a lot
or parcel for the purpose of adjusting a boundary between properties.
A. This
adjustment may not create additional lots or parcels.
B. This
adjustment may not reduce an existing lot or parcel to less than the minimum
dimensional standards for the applicable zoning district.
C. This
adjustment may not affect any easements, public streets, private roads or
publicly dedicated areas.
D. A property line
adjustment shall not be allowed in a platted subdivision unless approved by the
Planning Commission and the Governing Board and filing a modified plat map.
E. The applicant
shall have a record of survey plat or map prepared by a licensed surveyor or
licensed engineer showing the existing lot lines, proposed relocated lot lines,
location of all buildings, parking and loading area, traffic access, utilities
and such other information as may be required to determine if the proposed lot
line adjustment meets the intent and requirements of this title. Said survey plat
or map shall be reviewed by the Planning & Zoning Department.
Property, Through: A lot or
parcel other than a corner property having frontage on two (2) parallel or
approximately parallel streets.
Public: Operated by a government
entity.
Public Highway Agency: The public
agency responsible for the maintenance and upkeep of the right-of-way within
their jurisdiction; such as the Idaho Transportation Department, Bingham
County, Fort Hall Reservation, Cities of Blackfoot, Shelley, Firth, and
Aberdeen.
Public Right-of-Way: A right-of-way
open to the public and subject to the jurisdiction of the public highway
agency.
Public Service Facility: The erection, construction, alteration,
operation or maintenance of buildings, power plants, substations, transmission
and distribution, water treatment plants, pumping stations, sewage disposal,
emergency service buildings for ambulance, fire, police, rescue, telephone and
other government-owned or operated facilities, except landfills and mining
activities.
Public Street: See
definition of Street, Public.
Public Use: The use of
a site for a public purpose or public facility, including municipal, state and
federal services. The use includes, but is not limited to, public parks,
schools, administration and cultural buildings, city hall; community centers;
courts; emission testing facility; fire station; law enforcement; library;
park-and-ride lot; post office; and transit stations.
Public Utility: Facilities
owned and operated by a public utility as defined in
Public Utility, Major: The use of
a site for a public purpose, including municipal and utility shops, garage, or
storage.
Qualified Inspector: P & Z
Department, building inspector, building official, code enforcement officer or
other designated authority charged with the enforcement of the adopted Building
and related Codes for
Quarry: See
definition of Pit, Mine, or Quarry.
Quasi-Judicial Matter (Hearing): A term
applied to the action of public administrative officers or bodies at public
hearings, who are required to investigate facts, or ascertain the existence of
facts, hold hearings, and draw conclusions from them, as a basis for their
official action, and to exercise discretion of a judicial nature. However,
state law rules of evidence apply to judicial proceedings and do not apply to
quasi-judicial hearings.
Quasi Public Uses: Churches,
Sunday schools, parochial schools, colleges, hospitals, cultural buildings, and
other facilities of an educational, religious, charitable, philanthropic or
non-profit nature.
Race Track: Structure or land or combination of land and
structures used for the racing of animals or vehicles and may include accessory
uses normally associated with this activity.
Rear Property Line: See
definition of Property Line, Rear.
Rear Yard: See
definition of Yard, Rear.
Reasonable Available: A municipal
wastewater collection and treatment system shall be considered reasonable
available when it is within three hundred feet (300’) of any property line of
the subject property.
Recreation, Indoor: An enclosed
facility used for public entertainment including, but not limited to, riding
arena, bowling alleys, theaters, and skating rinks.
Recreation, Outdoor: Activities related to the use of natural
resources such as, but not limited to, hiking, fishing, hunting and boating
which require no structures and create minimal disturbance to the land.
Recreational Vehicle (RV): A portable
structure primarily designed as temporary living accommodation for
recreational, camping, and travel use and as defined in
Recreational Vehicle (RV) Park: A premises
upon which two (2) or more parking sites are located, established, or
maintained for occupancy by recreational vehicles for temporary use for
recreation or vacation purposes conforming to the requirements of Chapter
6.2.31 of this Title.
Recreational Vehicle (RV) Sales or
Service: The sale, trade, or lease of new or used recreational vehicles or
personal recreation items in operating condition and any repair work or minor
service. Repair work or minor service shall include, but not be limited to,
replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields,
radiators, upholstery), oil change, minor engine repair, tune up, and accessory
sales of replacement parts. Any operation specified under automobile, major
repair is excluded.
Recycling Center: A completely enclosed structure, not a junk or
salvage yard, in which recoverable resource materials such as paper, glassware
and metal cans are collected, sorted, crushed or bundled prior to shipment to
others who use such resource materials to manufacture new products.
Repair: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word “repair” or “repairs” shall not apply to any change in structure such as would be required by additio