This chapter provides definitions for terms used in this title. Any dispute about the meaning of a term shall be resolved using the appeals procedure of section 17.16B.010 of this title. (Ord. 459-13, 2013)

Terms include both singular and plural forms; i.e., building includes buildings, and, except where the context clearly indicates otherwise, terms include their derivatives; i.e., adjacent includes adjoining. (Ord. 459-13, 2013)

ACCESSORY: Accessory buildings and uses are those customarily associated with and clearly subordinate to a principal building or use that exists on the same lot or parcel.

ADJACENT: Includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right of way, including streets, railroads, and irrigation canals.

ADMINISTRATOR: The city employee or contractor responsible for administration of this title.

ARTERIAL: Includes all state and federal highways and other major streets, as shown in the comprehensive plan.

BUFFER: A landscaped area along the perimeter of a site that complies with the standards of this title for width and planting density.

BUILDING: Any structure. 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).

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

CERTIFICATE OF COMPLIANCE: A certificate issued by the administrator upon completion and acceptance of all required improvements. See section 17.16D.020 of this title.

CITY: Ashton, Idaho.

COMMERCIAL: Includes all land uses in standard land use code (SLUC) 4923 and 4924, 52-59, 61-69, 71-79, and 8221, except as follows: a) SLUC 637, which shall be considered an industrial use category, or b) any use in SLUC 639, 64, 66, 72-79, or 8221 which includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard of more than ten thousand (10,000) square feet. All such uses shall be considered industrial.

COMMISSION: The Ashton planning and zoning commission established by section 17.12.020 of this title.

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.

COUNCIL: The Ashton city council. The elected officials responsible for adoption of this title.

DAYCARE: As per Idaho Code 39-1102, means "care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's or children's own home or homes". A daycare center provides daycare for thirteen (13) or more children.

DEVELOPMENT: Used as a generic term covering any and all activities for which a permit is required by this title. The "developer" is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this title.

EPCRA: The emergency planning and community right to know act of 1986. Refers to 42 USC 1101-11050, as amended.

FOOT-CANDLE: Measure of the amount of ambient light.

HAZARDOUS SUBSTANCES: Any material regulated by EPCRA, as amended.

HIGHER DENSITY RESIDENTIAL: Multiple-family dwellings, including apartments and condominiums, and mobile home parks.

HOME BUSINESS: A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling. "Home occupations", by definition, comply with the performance standards of chapter 17.64 of this title.

IC: The Idaho Code, the state statutes.

INDUSTRIAL: Includes all land uses in SLUC 21-51, 637, and 82-89, plus any use defined as industrial by the term "commercial", as defined in this section, except: a) SLUC 4923 and 4924; and b) SLUC 8221. Irrigation with industrial wastewater is an industrial use.

LARGE SCALE DEVELOPMENT: See section 17.48D.010 of this title.

LOT: Used as both 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.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet. Manufactured homes comply with the national manufactured home construction and safety standards act (40 USC 5401) or the adopted building code.

MINIMIZE: "To minimize" (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact.

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. Other utility installations are industrial uses.

MOBILE HOME PARK: Any lot or parcel on which there are spaces for occupancy by more than one manufactured home that will not be placed on a permanent foundation. Such spaces are normally rented or leased, but rental or lease is not necessary for the purposes of this definition.

NONCONFORMING: Describes any use or building that was in existence on the effective date of this title, but that would not comply with one or more of its requirements if submitted for approval. See sections 17.04.050 and 17.04.060 of this title.

OCCUPANCY: The use of a building or lot. Occupancies are classified using the standard land use coding system (SLUC). A "minor change in occupancy" is a change within the two (2) digit SLUC code or a change to any occupancy that has identical parking requirements and similar traffic generation potential, creates no additional signage, and, has, as determined by the administrator, similar or lesser impacts on neighboring land uses.

ONE-FAMILY DWELLING: A detached building designed for occupancy by one family. Also includes group homes, as required by Idaho Code 67-6530 et seq. Includes both conventional dwellings and manufactured homes that: a) comply with the national manufactured home construction and safety standards act (40 USC 5401) or the adopted building code; b) have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation; and c) where available, are permanently connected to central utilities. Recreational vehicles and travel trailers are not single-family dwellings, and shall not be used as such, but are included within the definition of "manufactured home" for the purposes of chapter 17.68 of this title.

ORIGINAL PARCEL: An original parcel of land is any parcel that existed on the effective date hereof.

OUTDOOR MATERIAL HANDLING OR STORAGE: Stockpiling, storage, processing, or packaging of materials for any reason, including the long term storage of construction materials and inoperative machinery or vehicles, that are not enclosed in a building and that are visible from a public street.

PLAT: The legal map of a subdivision. A "plat amendment" is a minor change in the lot arrangement or routing of rights of way or easements in a previously recorded subdivision plat. It may result in the consolidation of lots, but does not result in the creation of any additional lots or parcels, or the addition of land to the subdivision. Plat amendments are instituted by the recording of an amended plat following the process provided in section 17.52C.010 of this title.

PRIVATE UTILITIES: Cable television, electric power, natural gas, and telephone services.

RECREATIONAL VEHICLE: As per Idaho Code 49-119, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy.

RESIDENTIAL CARE FACILITY: A residential facility in which care and/or protection is provided for the elderly, children, or adults under a license issued by the Idaho department of health and welfare pursuant to the child care licensing reform act, the alcoholism and intoxication treatment act, and similar authorities. This definition does not include halfway houses or any other detention facility.

SETBACK: All setbacks are measured at right angles, from the nearest point on the property line to the foundation or to any above grade projection of the structure that extends beyond the foundation, window wells (eaves, steps, deck, and so forth). See section 17.44.010 of this title for more detailed definitions.

SITE PLAN: A scale drawing, or a series of such drawings, that 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, streets, sidewalks, landscaped buffers, and other features of the site. Where an erosion and runoff control plan is required, the site plan must be prepared on a detailed (contour intervals of 2 feet) topographic base.

SKETCH PLAN: A general or conceptual site plan of a development. It 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: Material, including vehicles, being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this title, the waste normally generated by a farming operation (crop stubble and residue, manure, etc.) is not solid waste until transported from the farm on which it was generated.

STANDARD LAND USE CODE (SLUC): The standard land use code 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. A summary appears in table 4 attached to ordinance 387.

STRUCTURE: Any object, including any mobile object, constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formations, liquid storage tanks, and overhead transmission lines. For the purposes of this title, synonymous with "building". See definition of Building.

SUBDIVISION: Any division of an original parcel of land, or any land so divided, which creates more than one additional contiguous or adjacent parcel containing one hundred sixty (160) acres or less, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed, and shall include any replat or any condominium. A subdivision requires a class II permit (see subsection 17.16A.010B of this title). Note that creation of a single parcel of one hundred sixty (160) acres or less requires a class I permit (see subsection 17.16A.010A of this title).

UPLIT: Uplighting occurs when signs or structures are illuminated by a spotlight shining on them from below.

USE: See definition of Occupancy. The terms are synonymous.

VACATION: The process provided by state law 1 and this title (see section 17.16F.010 of this title) for the elimination of a recorded subdivision plat.

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 ordinance provision 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.

VESTED RIGHT: The right to proceed with development under a previous set of regulations, or the right to proceed under this title, pursuant to a development agreement. See section 17.04.040 of this title.

YARD: The area between the lot lines and the principal building created by the required setbacks. (Ord. 459-13, 2013)