Bonners Ferry City Zoning Code

ACCESSORY STRUCTURE: A building that is incidental and subordinate to that of the main building or use of land and that is located on the same lot or parcel and under the same ownership in all respects.

ADMINISTRATOR, ZONING: An official having knowledge in the principles and practices of zoning who is appointed by the mayor and confirmed by the council to administer this title.

ADULT BUSINESS: Any business providing, displaying, or offering for sale obscene matter, material, or conduct as defined by Idaho Code § 18-4101 and as regulated by the State of Idaho at Title 18, Chapter 41 and Title 67, Chapter 65 of Idaho Code.

ALLEY, PUBLIC: A right-of-way providing secondary access at the back or side of a property otherwise abutting a street.

   A.   Indoor: The provision of entertainment, games of skill, recreation, video arcades, pool or billiard hall, roller or ice skating, simulated golf or similar uses wholly enclosed within a building.

   B.   Outdoor: A commercially operated park or facility conducted outdoors and associated support structures, including skating rinks, batting cages, zip- lines, paint ball range, carousels, and similar recreation and amusement uses.

APARTMENT: A room or suite of rooms in a multiple-family structure for rent, lease, or sublet that are within a residential structure designed and constructed to contain three (3) or more independent, self-contained dwelling units. See definition of “Dwelling, Multi- Family.”

ART STUDIO: A structure, or portion thereof, used as a place of instruction or work by artists to include graphic and visual arts, music, voice, sculptures, or similar arts.

AUCTION FACILITY: A facility where items are sold by bid.

AUTOMOTIVE FUEL STATION: The sale and supply of motor fuel and lubricating oils. May also include convenience retail use such as a drive-in and self-service.

AUTOMOTIVE WASHING FACILITY: An establishment that provides self-service or drive-through washing facilities for cars, trucks, recreational vehicles, or other similar vehicles.

AUTOMOTIVE WRECKING YARD: Any area, lot, land, or parcel where more than two (2) motor vehicles without current registration or more than two (2) inoperable or dismantled motor vehicles that are not in operating condition (or parts thereof) are: a) standing more than thirty (30) days, b) dismantled, or c) stored. The following uses are excluded from this definition: agricultural equipment on a farm or personal vehicles stored or dismantled within a completely enclosed structure. For the purposes of this definition the term "inoperable" means the motor vehicle cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roads and highways in the state of Idaho as set forth in the motor vehicle laws of the state of Idaho.

BANKS/FINANCIAL INSTITUTIONS: A business whose primary function is to provide financial transactions to the public at large as allowed by state and federal law.

BARBERSHOP/ STYLING SALON: An establishment where the following services are allowed by licensed professionals: haircutting, shampooing, shaves, perms, hair coloring, manicuring, tanning booths including cosmetology of hair and makeup.

BASEMENT: The bottom floor of a dwelling unit, all or partly underground, having at least one-half (1/2) of its height below the average level of the adjoining ground.

BED AND BREAKFAST: An owner-manager run facility providing up to six (6) rooms for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A bed and breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar.

BOARDING HOUSE: A building, other than a hotel or motel, where meals and/or lodging are provided with or without compensation, to more than two (2) but less than twelve (12) unrelated persons. A boarding house shall include, but not be limited to, a rooming house, shelter, convent, monastery, dormitory, fraternity, sorority, etc.

BUILDABLE AREA: The space remaining on a lot after the minimum open space requirements, including setbacks, have been deducted from the area available for building.

BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

BUILDING, ACCESSORY: A subordinate building detached from, but located on, the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

BUILDING OFFICIAL: The officer or person charged with the administration and enforcement of the provisions of this title as it relates to the enforcement of any building code, fire regulations, setback regulations or health regulations which have been or shall be adopted by the Council.

BUILDING SUPPLY OUTLET: A retail wholesale establishment selling any and all building materials used in construction.

CAMPGROUND: An area or ground on which tents, buildings, cabins, spaces, or recreational vehicles either temporary or permanent are provided for temporary shelter, lodging or accommodation.

CEMETERY: A place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot for earth interments, and may include a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or any combination of one (1) or more of the above.

CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b) occasional personal guests, and c) children aged twelve (12) and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a "childcare facility".

   There are three (3) types of childcare facilities:

   A.   In-home family daycares: A childcare facility for six (6) or fewer children.

   B.   Group daycare facility: A childcare facility for seven (7) to twelve (12) children.

   C.   Daycare center: A childcare facility for thirteen (13) or more children.

CHURCH: A facility used for religious worship.

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

COMMISSION: The Planning and Zoning Commission appointed by the Council.

COMMUNICATION FACILITY, WIRELESS/CELL TOWER: The collective components of an unstaffed facility and its support structures for the transmission and/or reception of radio frequency, microwave or other signals for commercial communication purposes, including towers, antennas, antenna arrays, equipment shelters, equipment cabinets, transmission cables, a support structure required to generate, transmit, or receive communication signals.

COMPREHENSIVE PLAN: The plan for the City of Bonners Ferry, Boundary County, Idaho, consisting of the goals, objectives, policies, maps and the components or elements which are adopted by the Council. The plan shall serve as a guide for development.

CONCRETE BATCH PLANT: An establishment that combines cement, sand and gravel to produce concrete.

CONDOMINIUM: An apartment house, office building, or other multiple-unit complex, or structure that has been divided into separate interests in airspace together with undivided interest in common in real property through the Idaho Condominium Property Act.

CONTRACTOR YARD: Any land or buildings used primarily for the storage of equipment, vehicles, machinery, building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades, hauling, excavation, demolition, or similar activities.

CONVENIENCE STORE: A neighborhood store engaging primarily in the sale of basic food items. Nonfood items may also be sold provided they are considered everyday convenience goods.

CUL-DE-SAC: A street opening at one end and having a turnaround at the other end.

DEVELOPMENT: Any manmade change to improved or unimproved property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DOMESTIC LIVESTOCK, SMALL FARM ANIMALS:    Chickens (hens only) and rabbits, not raised for commercial use and subject to the specific standards of the zoning district where allowed.

DRUGSTORE: A store where medical prescriptions are filled and drugs and medical supplies are sold. A drugstore may also sell a variety of other merchandise.

DWELLING: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, but not including a recreational vehicle, motor home, trailer coach, automobile chassis, tent, or portable building, not designed or constructed to meet Idaho residential building codes, such as a shipping container.

DWELLING, COTTAGE: A single-family detached dwelling unit within a cottage housing development that is clustered around common open space.

DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls.

DWELLING, PRIMARY: A separate, complete dwelling unit that is the larger of the dwelling units when a single-family residential site development plan proposes or contains an accessory dwelling unit.

DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

DWELLING, TWO-FAMILY, DUPLEX: A dwelling, consisting of two (2) dwelling units that may be either attached side by side or one above the other.

ENTERTAINMENT FACILITIES: Any profit making activity, which is generally related to the entertainment field such as theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

FABRICATION SHOP: An establishment in which welding work, machining to size, assembling of materials and converting one form of metal into another to produce products and structures.

FACADE: The front or chief face of a building.

FARM: Buildings and premises used for the raising and processing of agricultural products. A farm is greater than five (5) acres in size.

FARM EQUIPMENT SALES AND SERVICE FACILITY: Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. Heavy equipment sales are included in this category.

FENCE: An enclosure or barrier, such as wooden posts and rails, masonry, stone, wire, iron, or other such common fencing materials used as a boundary or enclosure for privacy, protection, or confinement, but not including hedges, shrubs, trees, or other vegetation. Materials such as scrap or junk materials such as tires, vehicle parts, broken glass or similar materials, shall not be used for fence construction.

FOOD STAND OR FOOD TRUCK: A temporary structure or vehicle used for a retail business of selling food.

GARAGE OR STORAGE BUILDING (PRIVATE): An enclosed accessory building designed for private storage or parking of noncommercial vehicles. A private garage attached to or part of the main building is considered to be part of the main use.

GARDEN, COMMUNITY GARDEN: A private or public space for cultivation of flowers, vegetables, fruits, and ornamental plants, and including customary gardening structures such as hoop houses, non-commercial greenhouses, tool sheds, or potting sheds.

GOLF DRIVING RANGE: An area of land equipped with distance markers, clubs, balls and tees for practicing golf drives.

GOVERNMENT OFFICE: An enterprise or office authorized by a federal, state, local or foreign government to conduct public business and assistance as provided in applicable federal, state, or local code, or constitution.

GRADE:

   A.   The degree of inclination of a slope, roadway, or other surface,

   B.   A slope or gradual inclination, and

GREENHOUSE: A building whose roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants, and for public sale.

HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority.

HEIGHT, BUILDING: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof peak, parapet wall, or structural feature. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, bell towers, smokestacks, tanks, water towers, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances shall not be included in the measurement of vertical dimensions.

HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, district, areas, and site significant in the history, architecture, archaeology or culture of this community, the state, or the nation and so designated by the city council.

HOME-BASED BUSINESS: An occupation, profession, or activity which is clearly incidental and secondary to the use of the premises as a residence, and which is carried on wholly or in part within a main building or accessory building, as authorized by an approved special use permit and in accord with the standards of this title.

HOME OCCUPATION: An occupation, profession, or activity which is clearly incidental and secondary to the use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by members of the family who reside on the premises.

HOSPITAL: An institution licensed by the state and as defined in Idaho Code section 39-1301.

HOTEL: An establishment that provides lodging to the public for consumption and is open to transient gusts but excluding boarding houses and “bed and breakfast” establishments as herein defined. A motel shall not be deemed to be a hotel.

IMPERVIOUS SURFACE, IMPERVIOUS COVERAGE: The amount of area covered by hard surfaces that either prevents or retards the entry of stormwater into the soil mantel under natural conditions or a hard surface that causes water to run off in greater quantities or at an increased rate of flow as compared to conditions prior to construction. Impervious surfaces include rooftops, driveways, parking lots, paved or graveled roads, patios, walkways, or other surfaces.

INDUSTRY, HEAVY: Industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.

INSTITUTION: An establishment which aids individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.

JUNKYARD: See definition of Wrecking Yard.

KENNEL: Any lot or premises or portion on which more than three (3) dogs, cats and other household pets are maintained, harbored, possessed, boarded, bred, or cared for, in return for compensation or kept for sale.

LAUNDROMAT: An establishment that provides washing, drying, and/or ironing of clothing or cloth items in machines for hire.

LAUNDRY: An establishment that provides washing, drying and/or ironing services to retail customers.

LIBRARY: Any establishment or building set aside for the repository or retrieval of information, available for the public or patrons to make use of for all kinds of research and reading.

LOT: A platted unit of land recorded with the county in the book of plats, pursuant to the Idaho surveying and recording standards for plats.

LOT, CORNER: A lot located at the intersection of two (2) or more streets.

LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated in this section.

LOT, INTERIOR: A lot which abuts only one street.

LOT, MINIMUM AREA OF: The area of a lot that excludes any portion of the right of way of any public or private street.

LOT OR PARCEL OF RECORD: A lot which is a part of a subdivision recorded in the office of the county recorder; or a parcel described by metes and bounds, the description of which has been so recorded.

LOT, WIDTH: A measurement of the distance between the property side lines calculated at the rear of the required front yard setback line.

MACHINE SHOP: A place where lathes, presses, grinders, shapers, and other metal-working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops and other similar non-vehicular repair shops.

MANUFACTURED HOME: A structure, constructed to HUD/FHA standards, transportable in one or more sections, that in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, where erected on site, is three hundred and twenty (320) square feet or more, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation where connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.

MANUFACTURED HOME PARK: Any site or tract of land under single ownership whereupon three (3) or more manufactured or mobile homes are placed, located and maintained for dwelling purposes on a permanent basis.

MASTER PLAN: A to-scale drawing and support documents detailing a proposed development and methods to achieve the proposed project design, including: the subject site dimensions, topography, hazardous areas, requested variations to standards, service features, vehicle and pathway connections, housing types, proposed uses, landscaping, stormwater features, parking, common areas, building layout, and other development details that are essential or required elements of the plan.

MEDICAL CLINIC: A building used for the care, diagnosis, and treatment of persons who seek medical/surgical attention. This does not include medical care facilities, which provide board, room or regular hospital care and services.

MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the international building code, as adopted, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

MORTUARY: Any establishment or building utilized for the temporary repository of human remains after death.

MOTEL: A building or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. This term includes, but is not limited to, any buildings or building groups designated as motor lodges, tourist courts or by any other ordinance or sign intended to identify them as providing lodging to motorists.

MUSEUM: Any establishment or building utilized for the public display of artifacts or objects of interest to the public.

NIGHTCLUB: Any establishment or building that provides live or recorded music and/or a dance area for patrons to gather inside in the evening and nighttime hours where food and/or alcohol in any form may or may not be served.

NONCONFORMING BUILDING: A building or structure or portion that was lawfully constructed under the land use regulations in effect at the time of construction but does not meet the current standards of the district in which it is located, such as height, area, setbacks, or other zoning standards.

NONCONFORMING LOT OR PARCEL: A lot or parcel that was lawfully created under the land use laws in effect at the time of its creation but does not conform with current land use laws for area, street frontage, size, design, or other land use standards.

NURSING FACILITY, SKILLED, EXTENDED OR LONG-TERM CARE FACILITY: A home or facility for the care and treatment of more than eight (8) people, equipped for extended or long- term nursing service for individuals who require prolonged or ongoing medical care, assistance with activities of daily living, and rehabilitation services.

OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and accepted by the city or other governmental entity. A portion of a development, which remains predominantly undeveloped and may include natural resource areas, prime agricultural land, garden plots, greenways, lawns, and recreation areas.

PARAPET OR PARAPET WALL: That portion of a building wall that rises above the roof level.

PARCEL: A tract of land in single ownership, considered a unit for purposes of development.

PARK: Any private or public land, with or without buildings, intended for public outdoor active or passive recreational use.

PARKING AREA/LOT (PRIVATE): An open graded, surfaced or unsurfaced area, other than a street or public way, designed, arranged and made available for the temporary storage of automobiles of occupants or customers of the building or buildings for which the area is developed and is necessary and accessory.

PARKING AREA/LOT (PUBLIC): An open graded, surfaced or unsurfaced area, other than a street or public way, to be used for temporary vehicle storage of operable passenger automobiles and commercial vehicles and can be available to the public for a fee.

PARKING SPACE: A usable space within a public or private parking area/lot or a building, either within a structure or in the open, exclusive of driveways or access drives for the parking of motor vehicles.

PAWNSHOP: An enclosed building where all business is conducted for the loaning of money, purchase, sale or exchange of used items.

PERSONAL SERVICES: Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors and similar activities.

PHOTOGRAPHIC STUDIO: Any establishment or building utilized for the creation and/or production of pictures on photographic or electronic media.

PRINCIPAL PERMITTED USE: The main use of land or building as distinguished from a subordinate or accessory use.

PROFESSIONAL OFFICES: Offices and related spaces maintained and used as a place of business, such as doctors, dentists, engineers, attorneys, architects, interior decorators, accountants and other persons providing professional services.

PUBLIC UTILITY FACILITY OR STRUCTURE: A public facility and associated structures for the purpose of supplying service or utilities to the public, such as water, sewer, or gas pumping stations; power substations; major transmission line; municipal wastewater collection and treatment facility; park-and- ride lots; water reservoirs or tanks; storm drainage facility and storm detention facilities; and similar uses.

PUBLIC USES: Public areas shall include, but not be limited to, parks, schools, administrative and cultural buildings and structures, bike paths, and public safety facilities such as police, fire, or emergency medical facilities, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

PUBLIC UTILITY YARD: A yard where facilities such as utility shops, garages, or storage areas are located that are owned and operated by a public utility.

RADIO STATION: A facility that broadcasts audio over the airwaves, which is properly licensed. This does not include the tower.

RECREATIONAL VEHICLE (RV) PARK: A premises upon which two (2) or more parking sites are located, established or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes.

RECYCLING OPERATION: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware and metal cans, are collected, sorted, flattened, crushed or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. The definition does not include the recycling or recovery of asphalt, oils, shingles, or other such petroleum or chemical-based products.

RESIDENTIAL CARE FACILITY: A residential establishment, licensed by the Idaho state department of health and welfare, shared by more than eight (8) dependent individuals, where twenty four (24) hour care, maintenance and supervision are provided by a resident staff. Said establishment shall not be considered a daycare facility, retirement home, convalescent home, but may serve as an intermediate facility to those establishments.

RESTAURANT: Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including, but not limited to, cafe, cafeteria, coffee shop, lunchroom, tearoom, outdoor dining, dining room, and drive-in.

   B.   Medium: Retail operations with a floor area generally between four thousand (4,000) square feet and ten thousand (10,000) square feet and engaged in the sale or rental of goods for consumer or household use but excluding animal sales or service, building materials supplies, sales, or rental. Typical establishments include drug store, convenience store, clothing store, small appliance store;

   C.   Small/Specialty: Establishments generally of less than four thousand (4,000) square feet of floor area engaged in the sale or rental of goods for consumer or household use; excluding animal sales or service. Typical products include the sale or rental of goods or merchandise to the general public for personal or household consumption or to service incidental to the sale or rental of such goods or merchandise. Specialty retail sales include retail operations that specialize in merchandise such as, but not limited to, apparel, jewelry, books, shoes, stationary, antiques, bakery shop, deli, ice cream shop, and similar establishments.

RETAIL SALES AND SERVICES: A place where a consumer in person can purchase commodities and/or services. May also include mail order sales and dispatch of repair personnel.

RIGHT OF WAY: Land dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by topography or treatment such as grade separation, landscaped area, utilities and bridges.

ROADSIDE STAND: A booth, stall, or temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land or purchased for sale to the public.

SCHOOL: An institution of learning either publicly or privately supported.

SETBACK: The space on a lot required to be left open and unoccupied by buildings and structures, either by the front, side, or rear yard requirements of the ordinance or by delineation on a record subdivision map.

SHOPPING CENTER: A group of three (3) or more retail sale establishments, attached or detached, that are planned, developed, owned and/or managed as units related in location, size and type of shops to the trade area the unit serves.

SHORT-TERM RENTAL: “Short-term rental’ or “vacation rental” means any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner- occupied residential home that is offered for a fee and for thirty (30) days or fewer. Short-term rental or vacation rental does not include a unit that is used for any retail, restaurant, banquet space, event center or another similar use.

SIDEWALK: The portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.

SIGN, OFF PREMISES: Signs located on a separate parcel of land or a separate site from the place where the product, service or business is located.

SIGN, ON PREMISES: Signs located on the same parcel of land or the same site as the place where the product, service or business is located.

SIGNS:

   A.   Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

SMALL ENGINE REPAIR SHOP: A place that repairs small equipment such as lawn mowers, tillers, weed eaters, chainsaws, and small recreational vehicles less than thirty (30) horsepower.

STOCKYARD: Any area of land, structure, pen, or corral wherein cattle, horses, sheep, goats, and swine are maintained in confined quarters for the purpose of fattening such livestock for final shipment to market.

STORAGE FACILITY: A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles).

STREET, PUBLIC: A public right of way which provides vehicular, walking, biking, or other multi-modal access to adjacent properties, the dedication of which has been officially accepted by the city of Bonners Ferry. The term "street" also includes the terms "highway", "thoroughfare", "parkway", "road", "avenue", "boulevard", "lane", "place" and other such terms.

STRUCTURE: Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, manufactured homes, and billboards, but not including fences or walls used as fences not exceeding seven feet (7') in height, when measured from pre-development elevations.

SUPPLY YARDS: A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed and grain, and similar goods.

TELEVISION STATION: A facility that broadcasts audio and video over the airwaves, which is properly licensed. This does not include the tower.

TOWER: A structure and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.

TOWNHOUSE, TOWNHOUSE LOT: Single-family attached unit in structures housing three (3) or more dwelling units, contiguous to each other by a common bearing wall, each with separate entrances and legally divided into separate ownerships that includes individual ownership of front and back yards.

TRUCKING TERMINAL YARD: An establishment or area where freight (brought by truck) is transferred. The terminal facility may include storage or repair areas for trucks.

USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

VARIANCE: A modification of the requirements of this title as to the lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration.

VEHICLE SALES FACILITY: Premises where new or used passenger automobiles, trailers, trucks, or recreation vehicles in operating condition are displayed in the open or on sales floor for sale, trade, rental, and repair.

VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of animals, which may include overnight accommodations on the premises.

WALKWAY: A public way for pedestrian use only, whether or not along the side of a road.

WALL: A continuous structure designed to enclose an area.

WATERPARK: A large, outdoor area with water features such as swimming pool, water slides, splash pad, wave pools, and other such water-based attractions open to the general public and exceeding four thousand (4,000) square feet of facilities, structures, and parking.

WHOLESALE: Establishment primarily engaged in selling and/or distributing merchandise to retailers or to industrial/commercial end users, or other wholesalers. This is not considered a general commercial or retail use.

WOODWORKING SHOP: Establishments where wood is modified and finished products are sold.

WRECKING YARD: An outdoor space, whether commercial or noncommercial, where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including, but not limited to, wrecking yards, house wrecking yards, used lumberyards and places for storage of salvaged house wrecking and structural steel materials and equipment.

YARD, SETBACK:

   Corner Yard Setback: An unoccupied space on a corner lot that is not the primary access point for the property.

   Front Yard Setback:    An unoccupied space extending across the full width of a parcel or lot that abuts a street or access easement that is the primary access for the property. Property fronting on parallel streets shall be deemed to have two (2) front yards. Property on intersecting streets shall have one front yard determined by the primary access point and a corner lot yard. The front yard property line for property fronting on a public prescriptive right-of-way shall be considered twenty-five feet (25') from the centerline of the existing road for purposes of measuring the required setback.

   Side Yard: An open unoccupied space on the same lot or parcel as the structure that is generally perpendicular to the front and rear yards. Any yard not defined as front or rear shall be considered a side yard.

YARD SALE: A temporary sales activity at a private residence. The use is not considered a commercial activity if not of greater frequency than twice in a calendar year, not exceeding three (3) consecutive days.