04 - GENERAL PROVISIONS
Sections:
This title shall be known and cited as the zoning ordinance of Bannock County, Idaho. The ordinance codified in this title replaces and repeals Bannock County Ordinance 1990-1 and Appendices A, B and C of Ordinance No. 1984-3.
(Ord. 1998-1 § 101)
The purpose of this title shall be as follows:
A.
To promote and protect the health, safety, comfort and general welfare of the public;
B.
To support and implement the stated goals of the county as expressed in the comprehensive plan;
C.
To provide for and protect agricultural lands and sensitive natural resource areas;
D.
To mitigate the effects of incompatible land uses upon adjacent uses;
E.
To provide protection against fire, explosions, hazardous materials, obnoxious fumes, loud noise, and other hazards and nuisances which constitute environmental pollution;
F.
To preserve and enhance the value of land and buildings throughout the county;
G.
To protect and improve the county's quality of life so that the county will be increasingly valued by residents and nonresidents as a desirable place for recreation, living and working.
(Ord. 1998-1 § 115)
The goals and actions for the 1995 comprehensive plan are adopted by the ordinance codified in this section, which is on file in the county clerk/recorder's office. The 1995 comprehensive plan shall be known as "Bannock County Second Century" or the Bannock County 1995 comprehensive plan. Said plan shall be in effect in all unincorporated lands within the jurisdiction of the board of commissioners. The methods of implementing the actions of the plan shall be considered and give direction to the future development of Bannock County, Idaho, which are shown in the adopting ordinance.
(Ord. 1995-3 § 1A)
A.
It is the intent of Bannock County that the zoning ordinance shall be consistent with the Bannock County comprehensive plan, and with any supplemental land use and community development policies which may be adopted by the board of county commissioners.
B.
In the event the zoning ordinance becomes inconsistent with the comprehensive plan or with any supplemental land use and community development policies of the county, by reason of the adoption of a new plan or by amendment of the existing plan or supplemental policies, it is the intent of the board of county commissioners that the zoning ordinance be amended within a reasonable time so as to become or remain consistent with the revised or amended comprehensive plan and land use and community development policies.
C.
Additionally, it is the intent of the board of county commissioners that all amendments to the zoning ordinance shall maintain and enhance the consistency between the zoning ordinance and the Bannock County comprehensive plan.
(Ord. 1998-1 § 120)
The zoning ordinance shall apply to all of the unincorporated areas of the county. The use of all land and any buildings or structures located upon the land, and the construction, reconstruction, alteration, expansion or relocation of any building or structure upon the land shall conform to all regulations applicable to the district in which the land is located except as otherwise provided below. No land, building, structure or premises shall be used for any purpose or in any manner other than as permitted in the district in which such land, building, structure or premises is located except as provided below. The provisions of this title shall be applied to all land, buildings, structures and premises of the unincorporated areas of Bannock County.
(Ord. 1998-1 § 125)
The zoning ordinance shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not the intent of these regulations to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When these regulations impose a greater restriction upon the use of buildings or land, or upon the height of buildings, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of these regulations shall control.
(Ord. 1998-1 § 135)
If any section, subsection, sentence, clause or phrase of this title is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being expressly declared that this title and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 1998-1 § 145)
For the purpose of this title, certain words and phrases are defined as follows:
"Accessory use" means a use which is customary, incidental, and subordinate to the primary use or structure on the same parcel of land. See Article I of Chapter 17.52, Accessory uses (zoning ordinance Section 401).
"Aesthetics" means the visually pleasing properties of an area relating to its natural state or the built environment, such as reduced visibility of development, consistent bulk and placement limitations including height, and the like.
Agricultural Soils, Prime. "Prime agricultural soils" means land highly suited for the production of food, feed, and other crops. See National Resource Conservation Service standards for location and evaluations.
"Agricultural support use" means a use that provides services that directly support agricultural uses on the same property or on adjacent agricultural lands such as:
1.
Production, storage and sale of seeds, feed, and other agricultural produce;
2.
Storage, fabrication and sale of irrigation systems;
3.
Processing of milk products;
4.
Storage, mixing and sale of fertilizers;
5.
Transportation services for hauling on-premises-produced agricultural products;
6.
Repair and sales of farming equipment.
"Anchor store" mean a major store which is typically located in a shopping center to attract customers who then typically patronize other shops in the center.
Animal, Domestic. "Domestic animal" means an animal customarily reared as a pet, including dogs, cats, rabbits, fish, etc., and farm animals.
Animal, Farm. See "livestock."
Animal, Wild. "Wild animal" means an animal that is customarily not reared as a domestic animal or livestock.
"Appurtenance" means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and which is not a primary component of the structure itself, including mechanical equipment, bay windows, radio or television antenna, low decks, open porches, awnings, chimneys, and other similar features.
"Architectural design committee" means a civil committee established by a developer through recorded declarations of covenants which have the authority to perform functions given them by the recorded document. Functions often include reviewing applications in subdivisions, planned unit developments, or master planned communities to ensure that the application complies with the development's codes, covenants, architectural guidelines, and restrictions. Bannock County does not develop or enforce codes, covenants, and/or restrictions whereas those documents are wholly civil agreements between the development and its property owners.
"Area of city impact (ACI)" means that area defined by the city and county ordinances that surrounds a city. In the absence of ordinances Idaho Code defines the area as being one mile beyond a town or city's borders. The ACIs are locations where cities and towns will likely expand and grow into the unincorporated county and may annex property (with willing landowners). (Also see impact area agreement.)
"Awning" means a roof-like shelter of canvas or other material extending over a doorway, from the top of a window, over a deck, etc., in order to provide protection from the elements.
"Bed and breakfast" means the use of a dwelling as an inn, where the residence remains the primary use.
"Bicycle trail" means a public way, usually ten to twenty (20) feet in width and often surfaced, restricted from motorized or horse travel.
"Billboard" means a sign advertising a facility, product or event not on the site occupied by the sign. Also called "outdoor advertising."
"Board" means Bannock County board of commissioners.
"Boardinghouse" means a building other than an inn where, for compensation, lodging for three or more unrelated people is provided for usually a week or longer. Living quarters in said residence are not provided with separate kitchens.
"Buffer" means a design device to ameliorate or prevent the damaging effects of one kind of land use on another. Buffers may act as acoustic and/or visual screening devices.
Buffer, Landscape. "Landscape buffer" means a natural buffer which creates a desirable use of the land and which provides space, obstructs undesirable views, and reduces impacts of one type of land use on another.
"Build-to line" means the line at which construction of a building façade is to be placed on a lot. A build-to line runs parallel to, and is measured from, the front property line and is established to create an even (or more or less even) building façade on a street.
"Building" means any structure, either temporary or permanent, having a roof supported by walls.
"Building code" means the latest approved edition of the International Building Code.
"Building site" means a recorded lot or parcel of land occupied or to be occupied by a main building and its accessory buildings, or a specified area within a lot as indicated on a recorded survey or plat.
"Canopy tree" means a deciduous tree that grows to a height of thirty (30) feet or more.
"Central mailbox" means a cluster of mailboxes or a large shared mailbox.
"Central sewer" means a sewage and effluent pretreatment facility serving more than one structure, and owned privately or in common by other than a governmental entity.
"Certificate of occupancy" means a statement signed by the building official setting forth that a structure and land may lawfully be employed for specific uses, and certifying that the structure and land meet the requirements of this title and the building code as adopted by the county.
"Clerk of the planning and development council" means the planning director or his/her representative.
"Commercial agriculture" means a for-profit operation which is devoted to horticulture and/or to the production of livestock, dairy animals, dairy products, fur-bearing animals, fish, crops, nursery stock, fruit, vegetables, forage, grains, bees or apiary products.
"Conditional use" means a land use that would not be appropriate generally, but may be allowed if restrictions can be provided to render the land use compatible with surrounding uses. See Article VII of Chapter 17.56 (zoning ordinance Section 530).
"Council" means Bannock County planning and development council.
"Day care center" means a building originally constructed for nonresidential purposes where children, not children of the operator, are cared for.
"Day care home" means a day care operation conducted in the home of the operator.
"Density" means the number of dwelling units per acre of land. Each zoning district has a specified density.
"Develop" and "development" mean to divide land for purposes other than agriculture; to prepare land for division, building or improvements, including grading, fencing for planned residential lots, road building, or utility placement; to place structures or utilities, fencing for other than agriculture, or roads. Also includes a change in the use of an existing structure or on land; mining or excavation; a material change in the external appearance of a structure or land; placement of accessory buildings; demolition of a structure; deposit of waste or fill on a parcel of land; alteration of a shore, or floodplain of a body of water or riparian area. "Development" does not include maintenance and repair within a right-of-way, external maintenance or improvement of an existing structure, or the use of land for growing plants, crops, trees, and other agricultural or forestry products.
"Development rights" means those development rights as calculated herein permitted to a lot, parcel or area of land under a zoning or other ordinance respecting permissible use, area, density, bulk or height of improvements.
Dwelling, Multiple. "Multiple dwelling" means a building or portion thereof, containing three or more dwelling units.
Dwelling, Single-Family. "Single-family dwelling" means a building or portion thereof, containing a single dwelling unit.
Dwelling, Two-Family or Duplex. "Two-family or duplex dwelling" means a building or portion thereof, containing two dwelling units.
"Dwelling unit" means a building or portion thereof, containing two or more rooms and used for independent living quarters by one family only, with bath and kitchen facilities permanently installed.
"Energy efficiency" means a way of managing and restraining the growth in energy consumption. Something is more energy efficient if it delivers more services for the same energy input, or the same services for less energy input.
Extraction. See "mining."
"Façade" means the front, outer, or principal face of a structure.
"Family" means three or fewer unrelated persons, or two or more persons related by blood, marriage, adoption or custody, living together in a dwelling unit.
"Feedlot" means corrals or holding areas for the impoundment of livestock for market or production of milk, eggs and the like, and not incidental to a farm or ranch livestock operation.
"Floodplain" means an area susceptible to flooding, as designated by the Army Corps of Engineers on Flood Insurance Rate Maps, published by Federal Emergency Management Agency.
Garage, Front-Loaded. "Front-loaded garage" means a garage whose entry faces the same direction as the front of the primary structure.
"Garden center" means a retail business or portion of a retail business devoted to the sale of outdoor plants, as well as garden equipment and tools.
"Gas station, service station, or filling station" means an establishment where motor fuels are sold at retail. Incidental vehicle maintenance and repair is sometimes also conducted on the premises.
"Grandfather right" means the right to continue operating a legal nonconforming use.
"Green court (green space)" means a community gathering space which is open on at least one side and which fronts or is adjacent to a right-of-way or road.
"Hardship" means the proposed use of the property and associated structures in question cannot be established under the requirements of this title, and no other reasonable alternative exists.
"Hazardous materials" means any materials that are considered by the building official or federal Environmental Protection Agency to be hazardous to public health or safety.
Height, Building. "Building height" means the vertical distance from grade plane to the average height of the highest roof surface.
Hog or Pig Farming, Commercial. "Commercial hog or pig farming" means the keeping of more than six adult swine on the premises.
"Home occupation" means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, and no more than one additional person and which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, window displays, building alterations, and outdoor storage.
Impact Area, City. "City impact area" means that area surrounding a city, defined by county and city ordinances, and in their absence Idaho Code, as being one mile beyond a city's borders.
"Impact area agreement" means an agreement reached by city and county officials which prescribes which entity's ordinances will apply in the area of city impact area, and how development applications are processed. An impact area agreement is enacted by ordinances by the county and city, the result of which is an ordinance or resolution by both governments. (Also see area of city impact.)
"Important wildlife habitat" is as determined by Idaho Fish and Game (see Appendix B attached to the ordinance codified in this title). Habitat values change with development, agricultural activities and other land use changes; therefore, important wildlife habitat is relative and changes over time. Table 11 of the Soils Survey evaluates the potential of soils for habitat and will also be considered by staff and council.
Inn. See "motel, hotel or inn."
"Institutional housing" means housing for certain classes of people such as students, nurses, mentally or physically disabled, and elderly. Such housing does not provide individual kitchens for the residents.
"Junkyard" means any land used for a salvaging operation, including but not limited to the storage or sale of waste paper, rags, scrap metal, discarded materials, and used auto parts. A junkyard includes the collection, dismantlement, storage or salvage of four or more unlicensed or inoperative vehicles. This definition excludes uses established entirely within enclosed buildings, and farm machinery in agricultural zoning districts.
"Kennel" means any place on which more than four dogs and/or more than four cats, of six months in age or older, are kept, or any number of dogs or cats are kept for the purpose of sale, placement, boarding, care or breeding, for which any fee is exchanged.
"Landscaping" means outdoor plants such as trees, grass, shrubs and flowering plants.
"Light pollution" means excessive, misdirected, or obtrusive artificial light which competes with the natural night sky.
"Live/work units" means a single building unit consisting of both a commercial/office and a residential component that is occupied by the same resident(s). The live/work unit shall be the primary dwelling of the occupant. Live/work units typically have the business on the ground level and the living quarters above, alongside, or behind the business. The commercial component of live/work units are intended for use by the occupations such as accountants, architects, artists and photographers, attorneys, computer software and multimedia-related professionals, consultants, engineers, hair stylists, home-based office workers, insurance, real estate and travel agents, one-on-one instructors, limited retail, and similar occupations.
"Livestock" means animals maintained as a source of food, clothing, transportation or power.
"Lot" means the contiguous land in the same ownership which is not divided by any public road right-of-way.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two roads.
"Lot depth" means the distance between the front and rear lot lines, measured along the median between the side lot lines.
Lot Frontage, Reverse. "Reverse lot frontage" means a lot extending between, and having frontage on, an arterial and a minor street, and with vehicular access solely from the latter.
Lot, Interior. "Interior lot" means any lot other than a corner lot.
"Lot line" means the lines bounding a lot.
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot, whether across an alley or not.
"Lot width" means the distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
Manufactured Housing. See Article IV of Chapter 17.52 (zoning ordinance Section 420.A).
"Master development plan (MDP)" means the county-approved plan for the development of the entire master planned community. The MDP includes all documents required for approval by the county.
"Master planned community (MPC)" as defined in Chapter 17.46, MPCs are self-sustaining communities that are larger than seven hundred fifty (750) acres in size and with integrated commercial, recreational, natural, and residential land uses with strong emphases in non-automobile transportation. MPCs are often developed in numerous phases/developments and subdivision and zoning regulations are applied to the project as a whole.
"Mid-block passageway (PASEO)" means those streets, alleys, and non-vehicular ways that provide connectivity to land uses. Mid-block Passageways may consist of private easements or public rights-of-way.
"Minimum landscaped space" means the percentage of lot areas which must be maintained in grass or other living vegetation.
"Mining" means 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 title, mining shall not include the removal of excess materials in accordance with approved plats, or utility and highway construction, normal farming practices, and sod removal.
"Motel, hotel or inn" means a building or group of buildings designed mainly to serve travelers and others on a short-term basis.
"Municipal services" means those basic services which are traditionally provided by city governments. Services may include but are not limited to sanitation (sewer and refuse), water, streets, libraries, police, ambulance, and transportation.
"Municipal sewer" means a system of sewer lines and treatment facilities to deliver and treat sewage, developed, serviced and managed by a governmental entity or agency.
"Neighborhood commercial uses" means retail uses and personal services which primarily serve the neighborhood in which they are located, including convenience stores, dry cleaners, bakeries and day care centers.
"Noise park" means an area, track, course, structure or structures, grading and the like devoted to the use of off-road vehicles such as motorcycles, cars, snowmobiles, trucks, carts and the like, either for personal or commercial use.
Nonconforming Uses. See Article IX of Chapter 17.52.
Nursery, Wholesale. "Wholesale nursery" means a business which grows and sells living plants primarily to other businesses.
Nursery, Retail. "Retail nursery" means a business which grows and sells living plants primarily to individuals for use inside or outside a residence.
"Nursing home" means a form of institutional housing that is provided with facilities for the boarding and care of the aged and the infirm.
"Open space subdivision" means a division of land which produces individual lots and reserves a specified amount of the original area in perpetually undeveloped or unchanged condition.
"Outdoor storage" means storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
"Overlay zone" means a zone superimposed over another zone or zones allowing for additional uses or restrictions.
Parking Lot, Outdoor Room. "Outdoor room parking lot" means a design element intended to view parking lots as three dimensional areas and which are created using tree and ground cover plantings and limited parking stalls in each room.
"Performance standards" means regulations providing specific standards for design and/or construction.
"Planned unit development (P.U.D.)" means a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of stages of development. Subdivision and zoning regulations are applied to the project as a whole rather than to individual lots. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of open space. A P.U.D. often includes a mix of residential uses and may also include nonresidential uses that are compatibly and harmoniously incorporated into the unitary design of the project.
"Plaza" means a pedestrian gathering space, generally open to the public on a controlled basis and which is typically designed with seating areas, and with a variety of ground-plane finishes such as hard surfaces, lawn, and other landscaping.
"Primary use" means the principal use to which the premises are devoted, and the principal purpose for which the premises exist.
Prime Agricultural Land. See "Agricultural soils, prime."
"Public service facility" means structures and uses essential to fulfilling supportive functions related to the health and well-being of the public, including fire stations, police stations, military training or recruiting facilities, public parks, recreational facilities which are operated on a not-for-profit basis, not-for-profit educational facilities, and administrative offices for public service uses.
"Public utility" means structures essential to furnishing the public with electric power, gas, water, water treatment, and public services, including power plants and substations, and pumping stations.
"Receiving area" means one or more areas of land designated by the Bannock County Board of County Commissioners to which development rights generated from one or more sending areas may be transferred and in which increased development is permitted to occur by reason of such transfer. The receiving areas shall be zoned districts established by Bannock County pursuant to the procedures of Section 67-6511, Idaho Code, as an area suitable to receive transferred development rights.
"Receiving parcel(s)" means parcel(s) of land within a receiving area to which one or more development rights from a sending area may be or are transferred.
"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, and designed or used for temporary dwelling, recreational or sporting purposes. The term "recreational vehicle" shall include, but not be limited to travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.
"Recycling collection point" means a container for the collection of recyclable materials which are specified on the container.
"Recycling facility" means a building used for the collection, shipping and distributing of used materials, or for the remanufacture of waste materials into another product or form. If materials are stored outside the building, the facility shall be deemed a junkyard.
"Riparian areas" and "riparian corridors" mean all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds and lakes and their margins. Riparian corridors are connected riparian areas; usually serves as a movement route for fish or wildlife.
"Road" means a public or private thoroughfare which affords principal means of access to abutting property.
"Screening" means earth mounds or berms, sight-obscuring fence and walls, landscaping used singly or in combination to block direct visual access to an object.
"Sending area" means one or more designated areas of land in which development rights may be designated for use in one or more receiving areas. The sending areas shall be zoned districts established by Bannock County pursuant to the procedures of Section 67-6511, Idaho Code, as an area in which use or development should be restricted.
"Sending parcel(s)" means a parcel(s) of land within a sending area from which one or more development rights may be or are transferred.
"Setback" means the minimum distance between a structure or improvement and a lot line.
"Sign" means a lettered board, name, emblem, identification, trade name, trademark, illustration or the like which is affixed to, painted on or represented, directly or indirectly upon a building, structure or land which relates to a person, activity, facility, organization or business located on the premises.
Sign, Blade. "Blade sign" means a sign attached to a building façade, outdoor structure, or other surface perpendicular to the normal flow of traffic.
Sign, Freestanding. "Freestanding sign" means a sign which stands on the ground and is not attached to a building.
Sign, Monument. "Monument sign" means a freestanding sign that is self-supporting in a fixed location and not attached to a building and which has a support structure that has a solid-appearing base constructed of permanent material, such as concrete block or brick.
Sign, Wall. "Wall sign" means a sign attached to or erected on the exterior wall of a building or structure or on a canopy marquee or similar overhang with the exposed face of the sign on a plane approximately parallel to the plane of the exterior wall and extending no more than three feet above the lowest point of the roof of such a building or structure.
"Shooting preserve" means an area used for shooting for which a fee is charged.
"Solar reflectance index" means a measure of the constructed surface's ability to stay cool in the sun by reflecting solar radiation and emitting thermal radiation. It is defined such that a standard black surface (initial solar reflectance 0.05, initial thermal emittance 0.90) has an initial SRI of 0, and a standard white surface (initial solar reflectance 0.80, initial thermal emittance 0.90) has an initial SRI of 100. To calculate the SRI for a given material, obtain its solar reflectance and thermal emittance via the Cool Roof Rating Council Standard (CRRC-1). SRI is calculated according to ASTM E 1980. Calculation of the aged SRI is based on the aged tested values of solar reflectance and thermal emittance.
Stable, Commercial. "Commercial stable" means a facility where horses are boarded, bred or raised by the occupants of the premises for a fee. Also includes facilities that rent horses for riding. Typical uses include boarding stables or public stables.
Stand, Roadside. "Roadside stand" means a structure used only for the display and sale of locally grown produce with no space for customers within the structure.
"Stepback architecture" means a type of setback design in which step-like recessions are designed as part of the structure's architecture.
"Stream or riparian corridor setback" means the distance from the outer riparian edge of a natural waterway on which structures are prohibited.
"Structure" means anything constructed which requires permanent location above or below the ground or attached to something having a permanent location on the ground, including but not limited to: buildings, bridges or culverts across streams, signs, fences, billboards, tennis courts, swimming pools, satellite dishes, antennas, yard lights, etc.
"Subdivision ordinance" means Bannock County's currently adopted ordinance providing standards and process for the division of land.
"Transfer of development right(s)" means the process by which one or more development rights are severed from a sending parcel by approval of the Bannock Board of County Commissioners. Any such severed rights subsequently may become appurtenant to a receiving parcel as provided herein.
Travel Trailer. See "recreational vehicle."
Tree Sizes. For evergreens, height is used. For deciduous trees, the diameter of the trunk at a height of one foot above the ground is used.
"Urban heat island" means an urban area that is significantly warmer than its surrounding rural areas due to human activities. Heat islands can affect communities by increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, heat-related illness and mortality, and water quality.
"Urban service area" means the portion of an area of city impact in which a city's land use ordinances apply as stated in the applicable area of city impact agreement.
"Variance" means a modification of the requirements of this title as to lot size, lot coverage, width, depth, height of structure, setbacks, parking space, or other ordinance provisions affecting the size and shape of a structure or the placement of the structure upon lots, or the size of lots. See Article VIII of Chapter 17.56.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas (identified and defined by Army Corps of Engineers).
"Wildlife corridor" means the daily or seasonal migration patterns of native animal species.
"Wildlife preserve" means a parcel of land whose primary purpose is a habitat for wild animals, indigenous to Idaho. Wildlife preserves are confined, private areas and do not include state of Idaho wildlife management areas or unconfined lands which are wildlife habitat.
Wind Turbine, Commercial. "Commercial wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height exceeds one hundred fifty (150) feet or the nameplate capacity exceeds one hundred (100) kilowatts.
Wind Turbine, Medium. "Medium wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is between sixty-five (65) feet and one hundred fifty (150) feet and the nameplate capacity is less than one hundred (100) kilowatts.
Wind Turbine, Small. "Small wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is less than sixty-five (65) feet and the nameplate capacity is twenty-five (25) kilowatts or less.
Wind Turbine, Total Height. "Total wind turbine height" includes the turbine, blade, tower, base, and pad transformer if any.
"Xeriscaping (xeroscaping)" means a landscaping method which utilizes water-conserving techniques, such as the use of drought-resistant plants, mulch, and efficient irrigation.
"Yard" means the area between any lot line and the setback required therefrom.
Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of the yard being the minimum distance between the front lot line and the part of a building closest to the front lot line, or to the required setback from the street if development is not present.
Yard, Rear. "Rear yard" means a yard extending across the full width of the lot, between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line toward the nearest part of a main building.
Yard, Side. "Side yard" means a yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest part of a main building.
"Zero lot line" means a setback in which structures may be placed up to the edge of the property so as to create more usable space.
(Ord. 1998-1 § 200)
( Ord. No. 2013-2 , § 1, 3-20-13; Ord. No. 2014-1 , § 1, 5-28-14; Ord. No. 2015-5 , § 1, 11-25-15; Ord. No. 2016-3 , § 1, 5-4-16; Ord. No. 2019-02 , § 2, 1-22-19)
(Ord. No. 2005-8, § 1, 11-4-05; Ord. No. 2007-3, § 1, 12-17-07)
04 - GENERAL PROVISIONS
Sections:
This title shall be known and cited as the zoning ordinance of Bannock County, Idaho. The ordinance codified in this title replaces and repeals Bannock County Ordinance 1990-1 and Appendices A, B and C of Ordinance No. 1984-3.
(Ord. 1998-1 § 101)
The purpose of this title shall be as follows:
A.
To promote and protect the health, safety, comfort and general welfare of the public;
B.
To support and implement the stated goals of the county as expressed in the comprehensive plan;
C.
To provide for and protect agricultural lands and sensitive natural resource areas;
D.
To mitigate the effects of incompatible land uses upon adjacent uses;
E.
To provide protection against fire, explosions, hazardous materials, obnoxious fumes, loud noise, and other hazards and nuisances which constitute environmental pollution;
F.
To preserve and enhance the value of land and buildings throughout the county;
G.
To protect and improve the county's quality of life so that the county will be increasingly valued by residents and nonresidents as a desirable place for recreation, living and working.
(Ord. 1998-1 § 115)
The goals and actions for the 1995 comprehensive plan are adopted by the ordinance codified in this section, which is on file in the county clerk/recorder's office. The 1995 comprehensive plan shall be known as "Bannock County Second Century" or the Bannock County 1995 comprehensive plan. Said plan shall be in effect in all unincorporated lands within the jurisdiction of the board of commissioners. The methods of implementing the actions of the plan shall be considered and give direction to the future development of Bannock County, Idaho, which are shown in the adopting ordinance.
(Ord. 1995-3 § 1A)
A.
It is the intent of Bannock County that the zoning ordinance shall be consistent with the Bannock County comprehensive plan, and with any supplemental land use and community development policies which may be adopted by the board of county commissioners.
B.
In the event the zoning ordinance becomes inconsistent with the comprehensive plan or with any supplemental land use and community development policies of the county, by reason of the adoption of a new plan or by amendment of the existing plan or supplemental policies, it is the intent of the board of county commissioners that the zoning ordinance be amended within a reasonable time so as to become or remain consistent with the revised or amended comprehensive plan and land use and community development policies.
C.
Additionally, it is the intent of the board of county commissioners that all amendments to the zoning ordinance shall maintain and enhance the consistency between the zoning ordinance and the Bannock County comprehensive plan.
(Ord. 1998-1 § 120)
The zoning ordinance shall apply to all of the unincorporated areas of the county. The use of all land and any buildings or structures located upon the land, and the construction, reconstruction, alteration, expansion or relocation of any building or structure upon the land shall conform to all regulations applicable to the district in which the land is located except as otherwise provided below. No land, building, structure or premises shall be used for any purpose or in any manner other than as permitted in the district in which such land, building, structure or premises is located except as provided below. The provisions of this title shall be applied to all land, buildings, structures and premises of the unincorporated areas of Bannock County.
(Ord. 1998-1 § 125)
The zoning ordinance shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not the intent of these regulations to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When these regulations impose a greater restriction upon the use of buildings or land, or upon the height of buildings, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of these regulations shall control.
(Ord. 1998-1 § 135)
If any section, subsection, sentence, clause or phrase of this title is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being expressly declared that this title and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 1998-1 § 145)
For the purpose of this title, certain words and phrases are defined as follows:
"Accessory use" means a use which is customary, incidental, and subordinate to the primary use or structure on the same parcel of land. See Article I of Chapter 17.52, Accessory uses (zoning ordinance Section 401).
"Aesthetics" means the visually pleasing properties of an area relating to its natural state or the built environment, such as reduced visibility of development, consistent bulk and placement limitations including height, and the like.
Agricultural Soils, Prime. "Prime agricultural soils" means land highly suited for the production of food, feed, and other crops. See National Resource Conservation Service standards for location and evaluations.
"Agricultural support use" means a use that provides services that directly support agricultural uses on the same property or on adjacent agricultural lands such as:
1.
Production, storage and sale of seeds, feed, and other agricultural produce;
2.
Storage, fabrication and sale of irrigation systems;
3.
Processing of milk products;
4.
Storage, mixing and sale of fertilizers;
5.
Transportation services for hauling on-premises-produced agricultural products;
6.
Repair and sales of farming equipment.
"Anchor store" mean a major store which is typically located in a shopping center to attract customers who then typically patronize other shops in the center.
Animal, Domestic. "Domestic animal" means an animal customarily reared as a pet, including dogs, cats, rabbits, fish, etc., and farm animals.
Animal, Farm. See "livestock."
Animal, Wild. "Wild animal" means an animal that is customarily not reared as a domestic animal or livestock.
"Appurtenance" means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and which is not a primary component of the structure itself, including mechanical equipment, bay windows, radio or television antenna, low decks, open porches, awnings, chimneys, and other similar features.
"Architectural design committee" means a civil committee established by a developer through recorded declarations of covenants which have the authority to perform functions given them by the recorded document. Functions often include reviewing applications in subdivisions, planned unit developments, or master planned communities to ensure that the application complies with the development's codes, covenants, architectural guidelines, and restrictions. Bannock County does not develop or enforce codes, covenants, and/or restrictions whereas those documents are wholly civil agreements between the development and its property owners.
"Area of city impact (ACI)" means that area defined by the city and county ordinances that surrounds a city. In the absence of ordinances Idaho Code defines the area as being one mile beyond a town or city's borders. The ACIs are locations where cities and towns will likely expand and grow into the unincorporated county and may annex property (with willing landowners). (Also see impact area agreement.)
"Awning" means a roof-like shelter of canvas or other material extending over a doorway, from the top of a window, over a deck, etc., in order to provide protection from the elements.
"Bed and breakfast" means the use of a dwelling as an inn, where the residence remains the primary use.
"Bicycle trail" means a public way, usually ten to twenty (20) feet in width and often surfaced, restricted from motorized or horse travel.
"Billboard" means a sign advertising a facility, product or event not on the site occupied by the sign. Also called "outdoor advertising."
"Board" means Bannock County board of commissioners.
"Boardinghouse" means a building other than an inn where, for compensation, lodging for three or more unrelated people is provided for usually a week or longer. Living quarters in said residence are not provided with separate kitchens.
"Buffer" means a design device to ameliorate or prevent the damaging effects of one kind of land use on another. Buffers may act as acoustic and/or visual screening devices.
Buffer, Landscape. "Landscape buffer" means a natural buffer which creates a desirable use of the land and which provides space, obstructs undesirable views, and reduces impacts of one type of land use on another.
"Build-to line" means the line at which construction of a building façade is to be placed on a lot. A build-to line runs parallel to, and is measured from, the front property line and is established to create an even (or more or less even) building façade on a street.
"Building" means any structure, either temporary or permanent, having a roof supported by walls.
"Building code" means the latest approved edition of the International Building Code.
"Building site" means a recorded lot or parcel of land occupied or to be occupied by a main building and its accessory buildings, or a specified area within a lot as indicated on a recorded survey or plat.
"Canopy tree" means a deciduous tree that grows to a height of thirty (30) feet or more.
"Central mailbox" means a cluster of mailboxes or a large shared mailbox.
"Central sewer" means a sewage and effluent pretreatment facility serving more than one structure, and owned privately or in common by other than a governmental entity.
"Certificate of occupancy" means a statement signed by the building official setting forth that a structure and land may lawfully be employed for specific uses, and certifying that the structure and land meet the requirements of this title and the building code as adopted by the county.
"Clerk of the planning and development council" means the planning director or his/her representative.
"Commercial agriculture" means a for-profit operation which is devoted to horticulture and/or to the production of livestock, dairy animals, dairy products, fur-bearing animals, fish, crops, nursery stock, fruit, vegetables, forage, grains, bees or apiary products.
"Conditional use" means a land use that would not be appropriate generally, but may be allowed if restrictions can be provided to render the land use compatible with surrounding uses. See Article VII of Chapter 17.56 (zoning ordinance Section 530).
"Council" means Bannock County planning and development council.
"Day care center" means a building originally constructed for nonresidential purposes where children, not children of the operator, are cared for.
"Day care home" means a day care operation conducted in the home of the operator.
"Density" means the number of dwelling units per acre of land. Each zoning district has a specified density.
"Develop" and "development" mean to divide land for purposes other than agriculture; to prepare land for division, building or improvements, including grading, fencing for planned residential lots, road building, or utility placement; to place structures or utilities, fencing for other than agriculture, or roads. Also includes a change in the use of an existing structure or on land; mining or excavation; a material change in the external appearance of a structure or land; placement of accessory buildings; demolition of a structure; deposit of waste or fill on a parcel of land; alteration of a shore, or floodplain of a body of water or riparian area. "Development" does not include maintenance and repair within a right-of-way, external maintenance or improvement of an existing structure, or the use of land for growing plants, crops, trees, and other agricultural or forestry products.
"Development rights" means those development rights as calculated herein permitted to a lot, parcel or area of land under a zoning or other ordinance respecting permissible use, area, density, bulk or height of improvements.
Dwelling, Multiple. "Multiple dwelling" means a building or portion thereof, containing three or more dwelling units.
Dwelling, Single-Family. "Single-family dwelling" means a building or portion thereof, containing a single dwelling unit.
Dwelling, Two-Family or Duplex. "Two-family or duplex dwelling" means a building or portion thereof, containing two dwelling units.
"Dwelling unit" means a building or portion thereof, containing two or more rooms and used for independent living quarters by one family only, with bath and kitchen facilities permanently installed.
"Energy efficiency" means a way of managing and restraining the growth in energy consumption. Something is more energy efficient if it delivers more services for the same energy input, or the same services for less energy input.
Extraction. See "mining."
"Façade" means the front, outer, or principal face of a structure.
"Family" means three or fewer unrelated persons, or two or more persons related by blood, marriage, adoption or custody, living together in a dwelling unit.
"Feedlot" means corrals or holding areas for the impoundment of livestock for market or production of milk, eggs and the like, and not incidental to a farm or ranch livestock operation.
"Floodplain" means an area susceptible to flooding, as designated by the Army Corps of Engineers on Flood Insurance Rate Maps, published by Federal Emergency Management Agency.
Garage, Front-Loaded. "Front-loaded garage" means a garage whose entry faces the same direction as the front of the primary structure.
"Garden center" means a retail business or portion of a retail business devoted to the sale of outdoor plants, as well as garden equipment and tools.
"Gas station, service station, or filling station" means an establishment where motor fuels are sold at retail. Incidental vehicle maintenance and repair is sometimes also conducted on the premises.
"Grandfather right" means the right to continue operating a legal nonconforming use.
"Green court (green space)" means a community gathering space which is open on at least one side and which fronts or is adjacent to a right-of-way or road.
"Hardship" means the proposed use of the property and associated structures in question cannot be established under the requirements of this title, and no other reasonable alternative exists.
"Hazardous materials" means any materials that are considered by the building official or federal Environmental Protection Agency to be hazardous to public health or safety.
Height, Building. "Building height" means the vertical distance from grade plane to the average height of the highest roof surface.
Hog or Pig Farming, Commercial. "Commercial hog or pig farming" means the keeping of more than six adult swine on the premises.
"Home occupation" means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, and no more than one additional person and which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, window displays, building alterations, and outdoor storage.
Impact Area, City. "City impact area" means that area surrounding a city, defined by county and city ordinances, and in their absence Idaho Code, as being one mile beyond a city's borders.
"Impact area agreement" means an agreement reached by city and county officials which prescribes which entity's ordinances will apply in the area of city impact area, and how development applications are processed. An impact area agreement is enacted by ordinances by the county and city, the result of which is an ordinance or resolution by both governments. (Also see area of city impact.)
"Important wildlife habitat" is as determined by Idaho Fish and Game (see Appendix B attached to the ordinance codified in this title). Habitat values change with development, agricultural activities and other land use changes; therefore, important wildlife habitat is relative and changes over time. Table 11 of the Soils Survey evaluates the potential of soils for habitat and will also be considered by staff and council.
Inn. See "motel, hotel or inn."
"Institutional housing" means housing for certain classes of people such as students, nurses, mentally or physically disabled, and elderly. Such housing does not provide individual kitchens for the residents.
"Junkyard" means any land used for a salvaging operation, including but not limited to the storage or sale of waste paper, rags, scrap metal, discarded materials, and used auto parts. A junkyard includes the collection, dismantlement, storage or salvage of four or more unlicensed or inoperative vehicles. This definition excludes uses established entirely within enclosed buildings, and farm machinery in agricultural zoning districts.
"Kennel" means any place on which more than four dogs and/or more than four cats, of six months in age or older, are kept, or any number of dogs or cats are kept for the purpose of sale, placement, boarding, care or breeding, for which any fee is exchanged.
"Landscaping" means outdoor plants such as trees, grass, shrubs and flowering plants.
"Light pollution" means excessive, misdirected, or obtrusive artificial light which competes with the natural night sky.
"Live/work units" means a single building unit consisting of both a commercial/office and a residential component that is occupied by the same resident(s). The live/work unit shall be the primary dwelling of the occupant. Live/work units typically have the business on the ground level and the living quarters above, alongside, or behind the business. The commercial component of live/work units are intended for use by the occupations such as accountants, architects, artists and photographers, attorneys, computer software and multimedia-related professionals, consultants, engineers, hair stylists, home-based office workers, insurance, real estate and travel agents, one-on-one instructors, limited retail, and similar occupations.
"Livestock" means animals maintained as a source of food, clothing, transportation or power.
"Lot" means the contiguous land in the same ownership which is not divided by any public road right-of-way.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two roads.
"Lot depth" means the distance between the front and rear lot lines, measured along the median between the side lot lines.
Lot Frontage, Reverse. "Reverse lot frontage" means a lot extending between, and having frontage on, an arterial and a minor street, and with vehicular access solely from the latter.
Lot, Interior. "Interior lot" means any lot other than a corner lot.
"Lot line" means the lines bounding a lot.
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot, whether across an alley or not.
"Lot width" means the distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
Manufactured Housing. See Article IV of Chapter 17.52 (zoning ordinance Section 420.A).
"Master development plan (MDP)" means the county-approved plan for the development of the entire master planned community. The MDP includes all documents required for approval by the county.
"Master planned community (MPC)" as defined in Chapter 17.46, MPCs are self-sustaining communities that are larger than seven hundred fifty (750) acres in size and with integrated commercial, recreational, natural, and residential land uses with strong emphases in non-automobile transportation. MPCs are often developed in numerous phases/developments and subdivision and zoning regulations are applied to the project as a whole.
"Mid-block passageway (PASEO)" means those streets, alleys, and non-vehicular ways that provide connectivity to land uses. Mid-block Passageways may consist of private easements or public rights-of-way.
"Minimum landscaped space" means the percentage of lot areas which must be maintained in grass or other living vegetation.
"Mining" means 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 title, mining shall not include the removal of excess materials in accordance with approved plats, or utility and highway construction, normal farming practices, and sod removal.
"Motel, hotel or inn" means a building or group of buildings designed mainly to serve travelers and others on a short-term basis.
"Municipal services" means those basic services which are traditionally provided by city governments. Services may include but are not limited to sanitation (sewer and refuse), water, streets, libraries, police, ambulance, and transportation.
"Municipal sewer" means a system of sewer lines and treatment facilities to deliver and treat sewage, developed, serviced and managed by a governmental entity or agency.
"Neighborhood commercial uses" means retail uses and personal services which primarily serve the neighborhood in which they are located, including convenience stores, dry cleaners, bakeries and day care centers.
"Noise park" means an area, track, course, structure or structures, grading and the like devoted to the use of off-road vehicles such as motorcycles, cars, snowmobiles, trucks, carts and the like, either for personal or commercial use.
Nonconforming Uses. See Article IX of Chapter 17.52.
Nursery, Wholesale. "Wholesale nursery" means a business which grows and sells living plants primarily to other businesses.
Nursery, Retail. "Retail nursery" means a business which grows and sells living plants primarily to individuals for use inside or outside a residence.
"Nursing home" means a form of institutional housing that is provided with facilities for the boarding and care of the aged and the infirm.
"Open space subdivision" means a division of land which produces individual lots and reserves a specified amount of the original area in perpetually undeveloped or unchanged condition.
"Outdoor storage" means storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
"Overlay zone" means a zone superimposed over another zone or zones allowing for additional uses or restrictions.
Parking Lot, Outdoor Room. "Outdoor room parking lot" means a design element intended to view parking lots as three dimensional areas and which are created using tree and ground cover plantings and limited parking stalls in each room.
"Performance standards" means regulations providing specific standards for design and/or construction.
"Planned unit development (P.U.D.)" means a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of stages of development. Subdivision and zoning regulations are applied to the project as a whole rather than to individual lots. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of open space. A P.U.D. often includes a mix of residential uses and may also include nonresidential uses that are compatibly and harmoniously incorporated into the unitary design of the project.
"Plaza" means a pedestrian gathering space, generally open to the public on a controlled basis and which is typically designed with seating areas, and with a variety of ground-plane finishes such as hard surfaces, lawn, and other landscaping.
"Primary use" means the principal use to which the premises are devoted, and the principal purpose for which the premises exist.
Prime Agricultural Land. See "Agricultural soils, prime."
"Public service facility" means structures and uses essential to fulfilling supportive functions related to the health and well-being of the public, including fire stations, police stations, military training or recruiting facilities, public parks, recreational facilities which are operated on a not-for-profit basis, not-for-profit educational facilities, and administrative offices for public service uses.
"Public utility" means structures essential to furnishing the public with electric power, gas, water, water treatment, and public services, including power plants and substations, and pumping stations.
"Receiving area" means one or more areas of land designated by the Bannock County Board of County Commissioners to which development rights generated from one or more sending areas may be transferred and in which increased development is permitted to occur by reason of such transfer. The receiving areas shall be zoned districts established by Bannock County pursuant to the procedures of Section 67-6511, Idaho Code, as an area suitable to receive transferred development rights.
"Receiving parcel(s)" means parcel(s) of land within a receiving area to which one or more development rights from a sending area may be or are transferred.
"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, and designed or used for temporary dwelling, recreational or sporting purposes. The term "recreational vehicle" shall include, but not be limited to travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.
"Recycling collection point" means a container for the collection of recyclable materials which are specified on the container.
"Recycling facility" means a building used for the collection, shipping and distributing of used materials, or for the remanufacture of waste materials into another product or form. If materials are stored outside the building, the facility shall be deemed a junkyard.
"Riparian areas" and "riparian corridors" mean all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds and lakes and their margins. Riparian corridors are connected riparian areas; usually serves as a movement route for fish or wildlife.
"Road" means a public or private thoroughfare which affords principal means of access to abutting property.
"Screening" means earth mounds or berms, sight-obscuring fence and walls, landscaping used singly or in combination to block direct visual access to an object.
"Sending area" means one or more designated areas of land in which development rights may be designated for use in one or more receiving areas. The sending areas shall be zoned districts established by Bannock County pursuant to the procedures of Section 67-6511, Idaho Code, as an area in which use or development should be restricted.
"Sending parcel(s)" means a parcel(s) of land within a sending area from which one or more development rights may be or are transferred.
"Setback" means the minimum distance between a structure or improvement and a lot line.
"Sign" means a lettered board, name, emblem, identification, trade name, trademark, illustration or the like which is affixed to, painted on or represented, directly or indirectly upon a building, structure or land which relates to a person, activity, facility, organization or business located on the premises.
Sign, Blade. "Blade sign" means a sign attached to a building façade, outdoor structure, or other surface perpendicular to the normal flow of traffic.
Sign, Freestanding. "Freestanding sign" means a sign which stands on the ground and is not attached to a building.
Sign, Monument. "Monument sign" means a freestanding sign that is self-supporting in a fixed location and not attached to a building and which has a support structure that has a solid-appearing base constructed of permanent material, such as concrete block or brick.
Sign, Wall. "Wall sign" means a sign attached to or erected on the exterior wall of a building or structure or on a canopy marquee or similar overhang with the exposed face of the sign on a plane approximately parallel to the plane of the exterior wall and extending no more than three feet above the lowest point of the roof of such a building or structure.
"Shooting preserve" means an area used for shooting for which a fee is charged.
"Solar reflectance index" means a measure of the constructed surface's ability to stay cool in the sun by reflecting solar radiation and emitting thermal radiation. It is defined such that a standard black surface (initial solar reflectance 0.05, initial thermal emittance 0.90) has an initial SRI of 0, and a standard white surface (initial solar reflectance 0.80, initial thermal emittance 0.90) has an initial SRI of 100. To calculate the SRI for a given material, obtain its solar reflectance and thermal emittance via the Cool Roof Rating Council Standard (CRRC-1). SRI is calculated according to ASTM E 1980. Calculation of the aged SRI is based on the aged tested values of solar reflectance and thermal emittance.
Stable, Commercial. "Commercial stable" means a facility where horses are boarded, bred or raised by the occupants of the premises for a fee. Also includes facilities that rent horses for riding. Typical uses include boarding stables or public stables.
Stand, Roadside. "Roadside stand" means a structure used only for the display and sale of locally grown produce with no space for customers within the structure.
"Stepback architecture" means a type of setback design in which step-like recessions are designed as part of the structure's architecture.
"Stream or riparian corridor setback" means the distance from the outer riparian edge of a natural waterway on which structures are prohibited.
"Structure" means anything constructed which requires permanent location above or below the ground or attached to something having a permanent location on the ground, including but not limited to: buildings, bridges or culverts across streams, signs, fences, billboards, tennis courts, swimming pools, satellite dishes, antennas, yard lights, etc.
"Subdivision ordinance" means Bannock County's currently adopted ordinance providing standards and process for the division of land.
"Transfer of development right(s)" means the process by which one or more development rights are severed from a sending parcel by approval of the Bannock Board of County Commissioners. Any such severed rights subsequently may become appurtenant to a receiving parcel as provided herein.
Travel Trailer. See "recreational vehicle."
Tree Sizes. For evergreens, height is used. For deciduous trees, the diameter of the trunk at a height of one foot above the ground is used.
"Urban heat island" means an urban area that is significantly warmer than its surrounding rural areas due to human activities. Heat islands can affect communities by increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, heat-related illness and mortality, and water quality.
"Urban service area" means the portion of an area of city impact in which a city's land use ordinances apply as stated in the applicable area of city impact agreement.
"Variance" means a modification of the requirements of this title as to lot size, lot coverage, width, depth, height of structure, setbacks, parking space, or other ordinance provisions affecting the size and shape of a structure or the placement of the structure upon lots, or the size of lots. See Article VIII of Chapter 17.56.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas (identified and defined by Army Corps of Engineers).
"Wildlife corridor" means the daily or seasonal migration patterns of native animal species.
"Wildlife preserve" means a parcel of land whose primary purpose is a habitat for wild animals, indigenous to Idaho. Wildlife preserves are confined, private areas and do not include state of Idaho wildlife management areas or unconfined lands which are wildlife habitat.
Wind Turbine, Commercial. "Commercial wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height exceeds one hundred fifty (150) feet or the nameplate capacity exceeds one hundred (100) kilowatts.
Wind Turbine, Medium. "Medium wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is between sixty-five (65) feet and one hundred fifty (150) feet and the nameplate capacity is less than one hundred (100) kilowatts.
Wind Turbine, Small. "Small wind turbine" means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is less than sixty-five (65) feet and the nameplate capacity is twenty-five (25) kilowatts or less.
Wind Turbine, Total Height. "Total wind turbine height" includes the turbine, blade, tower, base, and pad transformer if any.
"Xeriscaping (xeroscaping)" means a landscaping method which utilizes water-conserving techniques, such as the use of drought-resistant plants, mulch, and efficient irrigation.
"Yard" means the area between any lot line and the setback required therefrom.
Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of the yard being the minimum distance between the front lot line and the part of a building closest to the front lot line, or to the required setback from the street if development is not present.
Yard, Rear. "Rear yard" means a yard extending across the full width of the lot, between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line toward the nearest part of a main building.
Yard, Side. "Side yard" means a yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest part of a main building.
"Zero lot line" means a setback in which structures may be placed up to the edge of the property so as to create more usable space.
(Ord. 1998-1 § 200)
( Ord. No. 2013-2 , § 1, 3-20-13; Ord. No. 2014-1 , § 1, 5-28-14; Ord. No. 2015-5 , § 1, 11-25-15; Ord. No. 2016-3 , § 1, 5-4-16; Ord. No. 2019-02 , § 2, 1-22-19)
(Ord. No. 2005-8, § 1, 11-4-05; Ord. No. 2007-3, § 1, 12-17-07)