This chapter provides definitions for important terms used in this title. Any dispute about the meaning of a term used in this title shall be resolved using the appeals procedure of section 9-2-56.

(1992 Development Code; Code 2011, § 11-16-1)

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms include both their singular and plural forms (i.e., "building" includes "buildings") and, except where otherwise indicated, terms include their common derivatives (i.e., "adjacent" includes "adjoining"). Verbs include all tenses (i.e., "are" includes "were" and "will be").

Accessory buildings and uses means uses customarily associated with, and clearly subordinate to, a principal building or use. The term "accessory apartment" means an independent (separate entrance, bathroom, kitchen) living unit within a single-family dwelling permitted by this title that is maintained solely for the use of family members. The term "accessory dwelling" means a single-family dwelling located on a commercial or industrial property and occupied by the owner, a manager, or a guard.

Adjacent includes all parcels that directly border a lot and all parcels separated from the lot by only a public or private easement or right-of-way, including roads and irrigation canals.

Administrator means the city employee (employed either directly or via a contract with another agency or private firm) responsible for the administration of this title.

Airport refers to the American Falls Airport. The following definitions are used in the administration of the airport safety standards of chapter 10 of this title:

Approach surface means 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 established in section 9-10-3(1). In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Conical surface means a surface extending outward and upward from the outer edge of the horizontal surface at a slope of 20 to one, for a horizontal distance of 4,000 feet.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan view, coincides with the perimeter of the horizontal zone.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds any height limitation established in chapter 10 of this title.

Primary surface means a surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is 250 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure means any object, including any mobile object, constructed or installed by humans, including, without being limited to, buildings, towers, tanks, cranes, smokestacks, earth formations, and overhead transmission lines.

Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Tree means, for the purposes of chapter 10 of this title, any object of natural growth.

Utility runway means a runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds' maximum gross weight and less.

Visual runway means a runway intended for the operation of aircraft using visual approach procedures.

Building means any structure used or intended for supporting or sheltering any use or occupancy. For the purposes of the FOD, the term "building" specifically includes liquid or gas storage tanks.

Building bulk may be measured and compared in terms of floor area ratio (the total square footage of all floors as a percent of lot size) or similar measures.

Building height means the vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents, and antennas.

Clear vision triangle means the area that provides the visibility required for safe access to streets. Clear vision triangles shall be determined as follows:

(1)

At street intersections, the clear vision triangle includes the area defined by extending a line between two points, one on each lot line paralleling the street, each of which is 30 feet from the lot corner at the intersection; and

(2)

At other points of access, the clear vision triangle includes the area defined by extending a line between two points, one on the lot line paralleling the street, and one on the outer edge of the driveway, each of which is 15 feet from the point where the driveway crosses the lot line.

Commercial includes all land uses in SLUC 4923 and 4924, 52-59, 61-69, 71-79, and 8221, except any use in SLUC 639, 64, 66, 72-79, or 8221 that includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard. All such uses shall be considered industrial.

Compatibility. Land uses need not be identical to be compatible, but must be sited, designed, constructed, and used in such a way that the normal functions and operation of neighboring uses do not seriously conflict, and so that their appearance is harmonious.

Comprehensive plan means the comprehensive plan of the city.

Day care means care and supervision provided for compensation during part of a 24-hour day, for children not related by blood or marriage to the person providing the care in a place other than the children's own home.

(1)

Day care centers provide care for 13 or more children.

(2)

Family day care homes provide care for six or fewer children.

(3)

Group day care facilities provide care for seven to 12 children.

Development is used as a generic term covering any and all activities regulated by this title. The developer is, by definition, the owner of the parcel on which a development has been proposed, but an owner may appoint a representative for proceedings required by this title.

EPCRA means the Emergency Planning and Community Right to Know Act of 1986. Refers to 42 USC 1101 through 11050, as amended.

Floodplain is synonymous with the term "special flood hazard area." The following definitions are used in the administration of chapter 11 of this title:

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the "100-year flood."

Flood means partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and risk premium zones applicable to the city.

Flood insurance study means the official report of the Federal Insurance Administration, including flood profiles, flood boundary maps, and the water surface elevation of the base flood.

Lowest floor means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood resistant enclosure, usable solely for parking, building access, or storage, in an area other than a basement, is not considered a building's lowest floor; provided that it does not place the building in violation of the non-elevation design requirements of this title.

Manufactured home. For floodplain management purposes, the definition of the term "manufactured home" shall be expanded to include recreational vehicles, travel trailers, and similar vehicles or trailers that are left in place for 180 or more consecutive days. Recreational vehicles, travel trailers, and similar vehicles or trailers are not manufactured homes for flood insurance purposes.

Manufactured home park. For the purposes of chapter 11 of this title, a manufactured home park is any lot or parcel used for the purpose of renting or leasing ten or more manufactured home spaces.

New construction means buildings for which the start of construction was on or after the effective date of the ordinance from which this title is derived.

Special flood hazard area means land subject to a one percent or greater chance of flooding in any given year. Designation on the flood insurance rate map (FIRM) always includes the letters A or V.

Start of construction applies to both substantial improvements and new construction and means the date a permit was issued, provided the actual start of construction, repairs, placement, or other improvements was within 180 days of the permit date. The term "actual start" means either the first placement of permanent construction on a site, such as pouring a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation, or erection of temporary forms; nor does it include installation of accessory buildings.

Substantial improvement means repair, reconstruction, or improvement of a building, the cost of which equals or exceeds 50 percent of the building's market value, either before the improvement or repair is started, or where the building has been damaged and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects its external dimensions. The term "substantial improvement" does not include any project for the improvement of a building required to comply with state or local codes assuring safe living conditions.

Hazardous substances means any material regulated by EPCRA.

Higher density residential use means any residential use that is designed for occupancy by more than two families. The term "higher density residential use" includes, without distinctions, apartments, condominiums, duplexes, townhouses, and all other forms of attached housing; also includes manufactured home parks.

Home occupation means a commercial activity conducted in a dwelling or a building accessory to a dwelling. Home occupations, by definition, comply with the performance standards of section 11-17-2.

Industrial includes all land uses in SLUC 21-51, 637, and 82-89, plus any use defined as industrial in the definition of the term "commercial" in this section, except SLUC 4923 and 4924.

Large-scale development means any subdivision or land use change, or group of subdivisions or land use changes created from the same parcel, that includes more than 100 proposed dwelling units or that potentially generates more than 1,000 automobile trips per day at peak occupancy.

Local Planning Act (also Local Planning Act of 1975) refers to Idaho Code, §§ 67-6501—67-6537, and subsequent amendments.

Lot. For the purposes of this title, the term "lot" is used both as a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.

Lot coverage means the percent of the lot covered by structures, including the main and all accessory buildings, and impervious surfaces, including patios, drives, and walks.

Lot split means the creation of any parcel of land of less than 20 acres for the purpose of sale, lease, rental, or development.

Manufactured home means a structure, manufactured pursuant to the authority of 42 USC 5401 (the National Manufactured Home Construction and Safety Standards Act), that is transportable in one or more sections, and which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. A manufactured home park is any lot used for occupancy by manufactured homes that will not be placed on a permanent foundation.

Minor utility installations includes cable television, electric power, and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed; also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines.

Occupancy means the use of a building or lot. Occupancies are classified using the standard land use coding system (SLUC).

Outdoor material handling or storage means the stockpiling, storage, processing, or packaging of materials for any reason (it need not be for commercial use), including the long-term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and that is visible from a public street.

Plat means the legal map of a subdivision.

Public service provider means any local agency, including special districts, that provides any public facility or service that may possibly be affected by a proposed development. State law specifically states that school districts are potentially affected public service providers.

Recreational vehicle. As per Idaho Code, § 49-2801, the term "recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational or emergency occupancy.

Setback means the distance between the property line and the outer wall, at grade, of the principal building on the same lot. The space within that distance is called a yard.

(1)

The front setback is measured from the lot line paralleling a public street to the principal building. Corner lots have two front yards.

(2)

The rear setback is measured from the rear lot line to the principal building. The rear lot line is parallel, or more or less parallel, to the street. Corner lots have two rear yards, but may treat either as a side yard for the purposes of this title.

(3)

The side setback is measured from the side lot line to the principal building.

Sign means any object or structure used to identify, advertise, or in any way attract or direct attention to any use, building, person, or product by any means, including, but not limited to, the use of lettering, words, pictures, and other graphic depictions or symbols. Specific types of signs are defined in section 9-17-1.

Single-family dwelling means a detached structure designed for occupancy by one family; also includes, as required by Idaho Code, §§ 67-6530—67-6532, "any home in which eight or fewer unrelated mentally and/or physically handicapped persons reside; and which is supervised." The term "single-family dwelling" includes both conventional dwellings and manufactured homes that:

(1)

Comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 5401) or the International Building Code and International Energy Conservation Code and was constructed after June 15, 1976, and is certified as meeting the mobile home construction and safety standards of the U.S. Department of Housing and Urban Development or has been rehabilitated to meet requirements of Idaho Code, § 44-2503.

(2)

Have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation.

(3)

Are permanently connected to city utilities.

Recreational vehicles and travel trailers shall not be used as single-family dwellings, except that a recreational vehicle or travel trailer may be used as a temporary dwelling to replace a home destroyed by fire or other catastrophe for a period of up to one year.

Site plan. A site plan illustrates all those details of a proposed development needed to demonstrate compliance with this title, including the location of existing and proposed property lines, easements, buildings, parking areas and points of access to streets, sidewalks, buffers and other measures designed to mitigate potential nuisances, signs, and other features of the site.

Sketch plan means a general or conceptual site plan of a development. A sketch plan must include the approximate location of all lot lines and streets, the approximate location and exterior dimensions of all structures, the approximate location, size, and circulation pattern of all parking areas, and the approximate location and dimensions of all landscaped buffers.

Solid waste means material being stored, packaged, or processed for ultimate disposal or recycling.

Standard land use code (SLUC) is a method of classifying land uses adapted from the Standard Land Use Coding Manual, U.S. Department of Transportation, Federal Highway Administration, as reprinted in March 1977. The SLUC is a hierarchical system that includes all uses, whether specifically mentioned in the manual or not. A summary of the SLUC codes appears in Table 9-16-3.

Subdivision means division of a parcel into more than two lots or parcels of less than 20 acres for the purpose of sale, lease, rental, or development. A minor subdivision includes ten or fewer lots and involves no dedication of public ways. Certain land divisions are exempt from the permit requirements of this title. See section 9-2-3.

Variance. According to Idaho Code, § 67-6516, "a variance is a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard setbacks, parking space, height of buildings, or other provisions of this title affecting the size or shape of structure or the placement of the structure upon lots, or the size of lots." Land use cannot, by definition, be varied.

(1992 Development Code; Code 2011, § 11-16-2; Ord. No. 469, 11-17-1993; Ord. No. 491, 11-1-1995; Ord. No. 540, 12-15-1999; Ord. No. 563, 4-16-2003)

TABLE 9-16-3. STANDARD SYSTEM FOR IDENTIFYING AND CODING LAND USE ACTIVITIES; ONE- AND TWO-DIGIT LEVELS

NEC = Not elsewhere coded

(1992 Development Code; Code 2011, § 11-16-3)