When used in this title, the following words and terms shall have the meanings ascribed to them in this section:

ADU (ACCESSORY DWELLING UNIT): An attached or detached dwelling which is secondary in nature to a primary general residential unit, transitional unit, business unit, light industrial unit, light industrial/mixed business unit and limited business/residential unit, that cannot be sold separately from the primary unit. An accessory dwelling unit provides complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation on the same lot as the primary unit. Accessory dwelling units may be allowed in conjunction with a general residential, transitional, business, light industrial, light industrial/mixed business and limited business/residential unit and are not to be constructed as an addition to a duplex or multi-family unit. Accessory dwelling unit sizes for the General Residential, Transitional, and Limited Business/Residential Districts shall comply with table A depicted below. Accessory dwelling units shall be subject to design review application approval. Accessory dwelling units shall be assessed for applicable water and sewer connections and a monthly user fee equal to a primary residence.

   TABLE A

 

 

ACCESSORY USE: A use or structure subordinate to the principal use on the same lot or premises and serving a purpose customarily incidental to the permitted use of the principal building. Accessory uses are authorized uses which do not require a permit. There shall be no accessory use in the Business, Light Industrial, and Limited Business/Residential Zoning Districts without an existing permitted primary use on the property in question.

AFFECTED PERSON: One having an interest in real property which may be affected by the issuance or denial of a permit authorizing development.

AGRICULTURAL PURPOSES: Refers to the growing of timber or crops, including grazing, horticulture, floriculture, nurseries, fruit trees, berry bushes, and the necessary accessory uses for processing, packing, treating, or storing the produce. The operation of any such accessory use shall be secondary to that of normal crop or timber growing and shall not include feedlots, slaughterhouses, rendering plants, or sawmills.

ANIMAL HOSPICE: A facility where lost animals are temporarily housed until permanent homes are either found for them or they are destroyed.

ANIMAL HOSPITAL: A place used for the care, grooming, diagnosis, and treatment of sick or injured animals, and for the care of those who are in need of medical or surgical attention, including overnight accommodations for recuperation and observation purposes.

APPRECIABLE DEGRADATION: Any dust, odor, fumes, detectable pollution, noise or flashing light which is perceptible without instruments more than two hundred feet (200') from the boundaries of the construction or maintenance work.

ASPHALT BATCH PLANT: A facility which manufactures asphalt.

AUTO WRECKING YARD: Any use of premises whereon currently nonlicensed motor vehicles not in operating condition are standing more than sixty (60) days, or on which such motor vehicles or parts thereof are dismantled or stored.

AUTOMOTIVE REPAIR: An enclosed facility which provides for the maintenance of vehicles, RVs, ATVs, and snowmobiles, including, but not limited to, engine repairs, transmission work, body fender repair, painting and detailing.

BANK: The ordinary high water level of a stream, river, lake or impoundment which, in the absence of evidence to the contrary, shall be presumed to be the edge of the vegetation growing along the shore.

BUILDING: Any structure used or designed to be used for supporting or sheltering any use or occupancy per City adopted International Building Code.

BUILDING, AGRICULTURAL: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or horticultural products, but not for the purpose of human habitation or processing of agricultural products.

BUILDING COVERAGE: The total square footage contained by the exterior building foundation, plus all horizontal projections which constitute a "building" as defined in this section, but not including roof overhangs that are three feet (3') or less or uncovered decks less than thirty inches (30") above grade.

BUILDING, EXISTING: A building erected prior to the effective date hereof, or one for which a valid building permit has been issued prior to the effective date hereof.

BUILDING FOOTPRINT: That area of a building that is within the perimeter of the foundation or the exterior walls on the building and including, without limitation, all enclosed or covered portions, such as attached garages, carports, decks, porches, solariums and similar enclosed extensions.

BUILDING, PRINCIPAL: Buildings in which permitted uses are conducted on a lot.

BUILDING SETBACK LINE: An imaginary line that requires all buildings to be set back a certain distance from property boundary lines or lot lines, measured from the drip line of the building, not the wall or foundation, to the boundary line or lot line.

BULK REQUIREMENTS: The combination of land use regulations that establishes the maximum size of a building and its location on the lot, including, without limitation:

   A.   Building setback, height, and size requirements for the particular zoning district the building is located in; and

   B.   The size and shape of the building and other structures in relation to the neighboring buildings and structures.

BUSINESS USE: The purchase, sale or other retail transaction, indoor or outdoor, involving the handling or disposition of any article, service, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of business offices by professionals and tradespeople rendering services.

CAMPGROUND: A facility where camper/recreational vehicles may stop or park overnight for short periods of time.

CEMETERY: Land used or intended to be used for the burial of the human dead, including crematoria, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

CITY: City of Bellevue, Idaho.

COMMERCIAL USE: The purchase, sale or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices by professionals and tradespeople rendering services.

COMMISSION: The Bellevue City Planning and Zoning Commission.

COMMUTER RIDE FACILITY, PRIVATE AND PUBLIC: Land and/or structures used twenty four (24) hours a day, seven (7) days a week for the parking and storing of commuter vans, buses, associated patron vehicle parking and associated patron customer services.

COMPREHENSIVE PLAN: The Bellevue Comprehensive Land Use Plan, as amended from time to time.

CONDITIONAL USE: A use permitted only upon issuance of a conditional use permit.

CONTRACTOR'S OFFICE: The business office and shop for building contractors, carpenters, plumbers, electricians, and similar tradespeople rendering services to the public.

CONTRACTOR'S STORAGE YARD: Indoor or outdoor storage of building materials and equipment owned by the contractor and commonly used in the construction business, provided the yard is entirely screened from all streets and other public ways by a solid fence six feet (6') in height or landscaping of at least eight foot (8') tall evergreen trees placed no more than every fifteen feet (15') apart with an automatic irrigation system installed to each.

COUNCIL: The Common Council of Bellevue, Idaho.

DENSITY: A unit of measurement; the number of dwelling units per acre of land.

DENSITY, GROSS: The total area of a development, including public and private rights-of-way, divided by the total number of dwelling units.

DENSITY, NET: The number of dwelling units allowed per acre in a subdivision after subtracting the land occupied by public or private rights-of-way.

DIMENSIONAL STANDARDS: Bulk and setback regulations.

DUPLEX: A building which contains two (2) dwelling units and two (2) separate kitchens.

DWELLING, MULTI-FAMILY: A structure or portion thereof designed for and used as the living quarters for two (2) or more families or housekeeping groups.

DWELLING, SINGLE-FAMILY: A structure designed for and used as the living quarters for a single-family or housekeeping group and which contains no more than one kitchen. A mobile home shall not be considered a single-family dwelling unless it is a unit from which the wheels and tongue have been removed, which is on a permanent foundation, which satisfies the Building Code, and which meets the definition of and requirements for manufactured housing set forth in this title. Manufactured housing shall not be considered a single-family dwelling unless it meets definition of and requirements for manufactured housing set forth in this title.

DWELLING UNIT: A single building or part thereof providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating and sanitation.

EASEMENT: A nonpossessory interest in real property which gives the holder of such interest the right to use some part, or all, of the real property of another.

EXTRACTION: Removal and processing of any mineral; mining, quarrying, separating, or cleaning mineral resources.

FEEDLOT: An open area where domesticated livestock, which have been purchased from other ranches, are grouped together for intensive feeding purposes prior to their sale for slaughter.

FLOOD OF ONE HUNDRED YEAR FREQUENCY: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year, as determined by probability analysis of historical hydrological data.

FLOODWAY: The channel, watercourse, or portion of the floodplain adjoining the channel which is reasonably required to carry and discharge the bulk of the floodwaters of any river or stream, with a maximum allowable rise of one foot (1') due to potential building encroachment.

GRAVEL OR SHALE PIT: Any point where stone, sand, gravel or other mineral resources are removed, extracted, crushed or stockpiled.

GROSS FLOOR AREA: The square footage within the building footprint plus the square footage of additional floors measured from the exterior of the walls.

GROUPED RETAIL TRADE: A combination of two (2) or more individual retail trades (e.g., a shopping center)

HAZARDOUS AREA OR DISTRICT: A parcel of land that is determined to be susceptible to physical hazards such as flooding, avalanche, geologic instability, steep slopes, or low flying aircraft.

HEAVY INDUSTRIAL USE: Any manufacturing, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic which may have a detrimental effect on neighboring property.

HEIGHT OF BUILDING: The vertical distance measured at any point from the highest point of the roof directly to the lowest point of natural grade along the building foundation perimeter prior to any site excavation, grading or filling or to the lowest point of the grade existing as of the effective date hereof, whichever is lowest. This definition shall not apply to flagpoles, lightning rods, weather vanes, antennas or chimneys, but not chases constructed with regard thereto.

HIGH WATER MARK: See definition of bank.

HOME OCCUPATION: Self-employment by the inhabitant in a dwelling, which is clearly incidental and secondary to its use as a dwelling.

HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients, but distinguished from a nursing home by offering primarily short term rather than long term care.

HOUSE TRAILER: Shall mean any device which is built on a permanent chassis, designed to be occupied as a dwelling unit, drawn by another motor vehicle, and is not required to have a State license.

HOUSEKEEPING GROUP: A group of unrelated persons living together.

INDIVIDUAL RETAIL TRADE: Any retail business or business allowed in an applicable zoning district that: a) shares check stands or storage areas; or b) shares management; or c) is owned, leased, possessed or otherwise controlled, in any manner, directly or indirectly, by the same or different individual(s) or entity(ies), including, without limitation, corporation(s), partnership(s), limited liability company(ies) or trust(s) where:

   A.   Such individuals or entities have a controlling ownership or contractual right with other individuals or entities; or

   B.   The same individual(s) or entity(ies) acts in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies), and is located within one or more separate buildings or structures within three hundred feet (300') of one another.

JUNKYARD: An outdoor space where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, dismantled, stored, or hauled.

KENNEL: Any lot or premises on which six (6) or more domesticated animals are housed, groomed, bred, boarded, or trained in return for compensation, or sold, and which may offer incidental medical treatment.

LIGHT INDUSTRIAL USES: Warehousing, manufacturing, and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself. Wholesaling will be allowed as a light industrial use only if the items are manufactured on site and are not for sale as retail merchandise to the general public.

LOT: A parcel, plot, tract, or other contiguous land area.

LOT AREA: The area of any lot exclusive of street and road easements.

LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot, only one street property line shall be considered the front lot line, and the shorter street frontage shall be considered the front lot line, unless determined otherwise by the Administrator based on the orientation and layout of the lot and surrounding lots in order to have a uniform front lot line for all such lots.

LOT LINE, REAR: The property line opposite the front lot line. For lots in blocks containing an alley, the rear lot line shall be the property line dividing the lot from the alley.

LOT LINE, SIDE: Any lot line other than the front lot line and the rear lot line.

LOT OF RECORD: A lot which is part of a subdivision recorded in the Office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to the effective date hereof; or a lot recorded as part of the official plat of the City of Bellevue.

MANUFACTURED HOUSING: A structure constructed after June 15, 1976, according to HUD/HFA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (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, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except, that the term shall include any structure which meets all the requirements of this definition, except the size requirements and, with respect to which the manufacturer, has filed all certifications required by the Secretary of HUD and complies with the standards established under 42 USC 5401, et seq., and all applicable laws of the State of Idaho and the City of Bellevue, Idaho.

MECHANICAL AREAS: Those spaces within a building devoted exclusively to furnaces/heating systems, cooling systems, elevators, walk-in freezers and similar systems, which are not habitable spaces.

MEZZANINE: An intermediate level or levels between the floor and ceiling of any story of a building with a floor area of not more than one-third (1/3) of the area of the room or space in which the level or levels are located. Such mezzanines shall be part of the calculation of the gross floor area of a building.

MOBILE HOME: A single-family dwelling which may be transported on flatbed or other trailers, which arrives on a site complete and ready for occupancy except for minor assembly operations, location on jacks or foundation, and connection to utilities, and which may be disassembled and moved to another location. A mobile recreational or camper vehicle specifically designed for highway travel on its own wheels shall not be considered a mobile home.

MOBILE HOME SUBDIVISION: A subdivision designed for mobile home residential use.

MOTEL: A building or group of buildings which contain: a) separate sleeping accommodations, each with its own exterior entrance, offered for rent to the traveling public on a nightly basis; and b) has an on site office with a person in charge twenty four (24) hours per day.

NET FLOOR AREA: The floor area square footage of that portion of a building consistently used by customers, patrons and employees of the use. Net floor area shall not include areas used exclusively for kitchens, hallways, elevators, bulk storage and freezer areas, employee break areas, restrooms, and mechanical rooms. Net floor area shall be calculated for the entire building and each portion thereof.

NONCONFORMING BUILDING: Any building existing at the effective date hereof, or any amendment hereto, which does not conform to the use regulations of this title, or any amendment hereto.

NONCONFORMING USE: Any use existing at the effective date hereof, or any amendment hereto, which does not conform to the use regulations of this title, or any amendment hereto.

NURSERY, COMMERCIAL: A combination of land, buildings, and structures for the sale of live trees, plants, shrubs, or gardening products, or landscaping services.

NURSERY FOR CHILDREN: A facility charging a fee to provide care for preschool age children; includes daycare centers.

NURSERY, OUTDOOR: A farm or plantation growing trees, shrubs, and plants intended for transplanting elsewhere, whose commercial use is limited to the sale of those mentioned above actually grown on the premises.

NURSING HOME: A facility for the care and treatment of more than three (3) elderly patients; includes rest homes and retirement homes.

OFF STREET LOADING AREA: An open, hard surfaced tract of land, other than a street or public way, the principal use of which is for motor vehicle standing, loading, and unloading.

OFF STREET PARKING: An open area, other than a street or public way, for the temporary location of motor vehicles.

100-YEAR FLOODPLAIN: The low land near the channel of a river, street, or other body of water which has been or may be covered by the water of the flood of one hundred (100) year frequency, as established by the engineering practices of the Federal Emergency Management Agency.

OPEN SPACE: A land or water area devoid of buildings, streets, or other physical structures.

OPEN SPACE RECREATIONAL USE: Recreational uses not requiring buildings or structures.

OUTDOOR RECREATIONAL FACILITY: Facilities such as golf courses, marinas, shooting ranges, rod and gun clubs, and dude ranches whose use is primarily outdoor rather than indoor recreation, for which buildings are incidental and accessory.

OWNER: The individual, firm, association, syndicate, partnership, corporation, or other entity having proprietary interest in the land to be subdivided. A leasehold interest is excluded from such proprietary interest.

PARK AND RIDE FACILITY, PUBLIC OR PRIVATE: A parcel of land located in the Light Industrial District essential to being utilized for parking of unattended vehicles for an unlimited number of days and hours, and cycling of commuter vans and buses. This conditional use may be allowed only on lands zoned Light Industrial, and such use shall be set back a minimum of two hundred fifty feet (250') from all Main Street/Highway 75 rights- of-way.

PERMITTED USE: An authorized use in a particular zone district which does not require a permit but which is subject to the restrictions particular to that district.

PERSONAL SERVICES: A commercial enterprise which primarily offers services to the general public such as, without limitation, barbershops, beauty salons, shoe repair, watch repair, and similar activities; also referred to as "repair and personal services".

PUBLIC FACILITIES: Structure for the use and benefit of the community limited to a school, hospital, or cultural building.

PUBLIC UTILITY AND PUBLIC SERVICE FACILITIES: Structures essential to furnishing the public with electric power, gas, water supply, water treatment, services, including power plants or substations, water treatment plants or pumping stations, fire stations or police stations.

RECREATIONAL VEHICLE (RV): A motor home, travel trailer, truck camper, fifth-wheel trailer, a park model recreational vehicle (as defined by Idaho Code, Titles 39 and 49), converted bus, van or other vehicle, or camping trailer that is designed and used for temporary living quarters. The RV may be under its own power or be mounted or drawn by another vehicle. In no case shall a recreational vehicle be considered a dwelling.

RETREAT: A building or complex of buildings which may include overnight accommodations and kitchen facilities, specifically intended to provide an opportunity to individuals or groups of people for one or more of the following: spiritual renewal, a change of pace from normal daily routines, post-professional educational training, educational seminars, professional counseling, or pursuit of the arts.

RIGHT-OF-WAY: A strip of land dedicated or acquired for use as a public thoroughfare, which normally includes streets, sidewalks, and other public utilities or service areas.

STREET: A right-of-way which provides access to adjacent properties and that has been officially accepted. Street shall include the terms highway, thoroughfare, parkway, road, avenue, boulevard, and place.

SUBDIVISION: The division of a lot, tract, or parcel of land into two (2) or more parts for the purpose of sale, lease, or building development, whether immediate or in the future.

TOURIST HOMES: Establishments located in traditionally residential structures which provide short term occupancy (less than 30 continuous days) to the traveling public; also referred to as "bed and breakfast inns".

TOWNHOUSE DEVELOPMENT: A planned project of two (2) single-family units with a common adjoining wall, each unit being separated from the adjoining unit by a one hour fire resistant wall or walls extending from the basement floor to the roof along the dividing townhouse sublot line, each unit having its own access to the outside, and no unit located over another unit in part or in whole. All townhouse developments shall be platted under the procedures contained in the subdivision ordinance in effect and shall be required to obtain design review approval prior to building permit issuance. There shall be separate water and sewer connections for each unit.

TOWNHOUSE SUBLOTS: Minimum six thousand (6,000) square foot lots resulting from platting a townhouse development. Sublots shall not be buildable for structures other than a townhouse unit as defined herein. Platting of sublots shall follow the procedures set forth in the subdivision ordinance and other applicable codes in effect.

Each townhouse unit may have a detached garage, and it must be sited on the same townhouse sublot as the residential unit.

TOWNHOUSE UNIT: One or more rooms, including a bathroom and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot.

TRAILER: Any unit operated under its own power or drawn by or mounted on another vehicle that is designed for or used as a temporary living quarter. This definition includes, without limitation, a travel trailer, camping trailer, truck camper, fifth-wheel camper, motor home, and recreational vehicle.

TRANSPORTATION FACILITIES: Roads, parking areas, turnarounds, bike paths, horse trails, ski or scenic lifts, or any other thoroughfare associated with moving people or materials.

UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this title, but not merely a matter of convenience and profit.

USE: The specific purposes for which land or a building is being used.

USE, EXISTING: Any use legally existing at the effective date hereof.

UTILITIES: Installations for conducting water, sewage, gas, electricity, television, stormwater, and similar facilities providing service to and used by the public.

YARD: An open space on the same lot with a principal building, which is unoccupied and unobstructed.

ZONE DISTRICT: A portion of the incorporated territory of Bellevue defined by this title and designated on Zoning Maps to which the provisions of this title apply. (Ord. 2015-02, 4-20-2015; amd. 2018 Code; Ord. 2019-06, 7-30-2019)