For purposes of this title, the terms set forth are herein defined. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A structure which is located on the same lot with, and erected concurrently with or subsequent to, a principal structure, and which is used in a manner incidental and subordinate to the principal structure. See subsection 18.12.030A of this Title for supplemental requirements for accessory structures.

(Ord. 755, 2016; amd. Ord. 822, 2021; Ord. 871 § 1, 2024)

The tilling of soil, the raising of crops, commercial horticultural and gardening, but it does not include the keeping or raising of any animals except in compliance with applicable ordinances, nor does it include agricultural industry or businesses such as fruit packing plants, fur farms, kennels, feedlots or slaughterhouses. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any location, other than a kennel, where three (3) or more animals older than six (6) months are kept for sale or for compensated services such as treatment, training or boarding. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use. (Ord. 822, 2021)

A piece or parcel of land or group of lots surrounded by public streets, streams, railroads or parks or a combination thereof. (Ord. 755, 2016; amd. Ord. 822, 2021)

A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building. (Ord. 822, 2021)

Any place, home, structure or location where care is provided, for compensation, during part or all of the twenty four (24) hour day, to five (5) or more persons under the age of eighteen (18) years not related by blood, adoption or marriage to the owner, tenant or manager of the premises. Such term specifically includes daycare centers, nurseries, kindergartens or other facilities providing care for children during the day or night; but does not include schools that have received conditional use permits under this title. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

“Community Services Director” as used in this Chapter means the individual employed by the City of Chubbuck who oversees the Community Services Department, or their designee. (Ord. 845, 2022)

An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with a separate interest or interests in real property, or in any combination thereof, as defined in state code. A condominium may refer to an apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or other non-residential properties. (Ord. 822, 2021)

A business location designed to allow provisions of goods or services to customers who remain in or on vehicles. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021; Ord. 846 § 4, 2022)

A structure used for residential purposes by one or more households, but excludes hotels, motels and other transient housing which provides accommodations on a daily or weekly rental. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A fence which significantly obstructs the view from one side of the fence to the other, and includes a fence composed of block, wood, concrete or other masonry products, and a chainlink fence with a single layer of slats inserted diagonally. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. (Ord. 822, 2021)

A fence which completely obstructs the view from one side of the fence to the other. A chainlink fence with two (2) sets of slats inserted diagonally and at right angles to each other is a solid fence under this title. A chainlink fence with a single layer of slats will not qualify as a solid fence. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. (Ord. 822, 2021)

Any economic activity, conducted entirely within a dwelling structure which is clearly incidental and secondary to the use of the structure for residential purposes, and which meets the conditions and requirements set forth in section 18.12.032 of this title. (Ord. 755, 2016; amd. Ord. 822, 2021)

A commercial facility, excluding temporary vacation rentals, which offers temporary lodging accommodations on a daily rate to the general public (for stays of generally thirty (30) days or less) and which provides daily housekeeping service, including clean linens. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. If a room is occupied by a guest for more than thirty (30) consecutive days and is the sole residence of the guest, then occupancy is not temporary, and does not qualify as a hotel or motel, except in cases of natural disasters such as fires or floods.

(Ord. 865 § 1, 2023)

One or more persons living together as a single economic and housekeeping unit. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

   A.   Hobby Kennels: Any location other than a veterinary hospital and a commercial kennel where three (3) or more dogs over four (4) months of age are kept.

   B.   Commercial Kennels:

      1.   Any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and

      2.   Any location other than a veterinary hospital, where dogs are received for boarding and/or care. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A piece or parcel of land separated from other pieces or parcels by description, as on a plat or record of survey map, or by metes and bounds for purposes of sale, lease or separate use. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, and the interior angle at the point of intersection is less than one hundred thirty-five degrees (135°).

(Ord. 871 § 2, 2024)

A parcel of land that includes a narrow projection or “flagpole” connecting it to the street or right-of-way. The flagpole serves as a private or privately shared access to the buildable area of the parcel. When a flag lot is allowed, the minimum lot frontage to the street shall be twenty feet (20'), and the minimum lot width and setbacks are measured from where the lot widens for a building. The square footage of the flagpole shall not be considered as part of the minimum lot area.

(Ord. 871 § 3, 2024)

A parcel of land that is either non-rectangular, has three (3) sides and/or is pie- shaped, or has more than four (4) sides. Because of its shape an irregular lot also required site-specific measurement techniques in order to achieve the purpose of adopted setback standards. Approval of site-specific measurement techniques to be determined by the CSD on a case-by-case basis.

(Ord. 871 § 4, 2024)

A parcel with lot lines that are zig-zagged or jogged, and placed in a series of similarly shaped and/or relatively small lots within a subdivision. Also referred to as a zipper lot, Z lots may be developed with or without zero lot line residences.

Z lot Illustration: Z lots can create more useable side or rear yards and/or allow side or rear windows to capture wider views of the outdoors. In this configuration the wide and shallow back yards (shown by the dashed line) are modified to create more useable, deeper yards (solid lines).

(Ord. 822, 2021)

A use which complied with all existing laws at the time this title became effective, but does not conform to the regulations prescribed herein. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

An area on land or within a structure, comprising no less than one hundred eighty (180) square feet, which is designed for the parking or storage of one vehicle and which has adequate ingress and egress drives. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A walk extending entirely through a block from street to street or providing access to a school, park, recreation area, residential neighborhood, or commercial or industrial area. (Ord. 822, 2021)

A development of one or more land uses and several structures embracing an integrated and harmonious scheme, developed under unified control. (Ord. 755, 2016; amd. Ord. 822, 2021)

A structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like.

   A.   Class I Production Building: A "production building", as defined above:

      1.   From which all axles, hitches and other appurtenances for transportation have been removed;

      2.   Which is affixed to a permanent foundation;

      3.   Which is not less than twenty four feet (24') wide at its shortest dimension;

      4.   Which is determined by the city building official to possess the typical design and exterior construction characteristics of site buildings as defined herein;

      5.   Which conforms to the building codes and standards including (without limitation) the international residential code, as amended, applicable to site buildings as defined herein; and

      6.   Which is used as a permanent dwelling.

   B.   Class II Production Building: A "production building", as defined above, that:

      1.   Satisfies subsections Al and A2 of this section;

      2.   Was produced since June 15, 1976;

      3.   Was produced in compliance with the mobile home construction and safety standards of the United States department of housing and urban development (or such other codes or standards as may be from time to time propounded by HUD or a successor agency);

      4.   Is used as a permanent dwelling;

      5.   Is multisectional and encloses a space of not less than one thousand (1,000) square feet;

      6.   Has a pitched roof with a minimum slope of sixteen percent (16%) (2:12);

      7.   Has exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings;

      8.   Has a masonry foundation or foundation fascia that is similar in appearance and durability to masonry foundation of site built dwellings, as approved by the city building official, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade;

      9.   Is permanently fixed, and set upon a permanent excavated and backfilled foundation having an anchoring system that is totally concealed under the structure and is such that the home is located not more than twelve inches (12") above grade;

      10.   Is installed on site following the issuance of a valid building permit and any other permits required by code or ordinance;

      11.   Complies with all other applicable requirements of the land use district in which the production building is located, including, but not limited to, lot size and setback requirements;

      12.   Has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. A production building which would meet the definition of a class II production building but for the fact it was produced prior to June 15, 1976, shall be deemed to be a class II production building if it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code.

   C.   Class III Production Building: A "production building", as defined above, that does not satisfy all of the class I or class II criteria set forth above, but is used as a permanent dwelling.

   After May 1, 1999, no class in production buildings produced prior to June 15, 1976, shall be moved into the city or relocated from one site within the city to another site within the city unless it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code.

   D.   Nonresidential Production Building: A production building which is not used as a "dwelling", as that term is defined herein and which satisfies subsections Al through A5 of this section.

   E.   Production Building Cluster Arrangement: A subdivision, park, court or other area that:

      1.   Is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with subsection 18.12.030 of this title; or

      2.   Is located in an area which was included in the R-2T use district by Chubbuck city ordinance 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with subsection 18.12.030 of this title. (Ord. 717, 2012; amd. Ord. 822, 2021)

Any location where junk, waste or discarded, dismantled or salvaged materials are not being restored to operation, but excluding animal products, are stored, handled, crushed, processed, recycled or further dismantled or salvaged for reprocessing but which items are not held on site for periods exceeding sixty (60) days and are not held for resale at the location but are sold to third parties off site. (Ord. 708, 2011; amd. Ord. 822, 2021)

Are defined as including the following:

   A.   Single household dwelling: A structure containing no more than one household or living unit, including a dwelling that may contain a qualified accessory dwelling unit.

   B.   Duplex: A structure containing no more than two (2) households or living units on one parcel. The dwellings may be side by side or above and below.

   C.   Threeplex: A structure containing three (3) households or living units.

   D.   Fourplex: A structure containing four (4) households or living units.

   E.   Townhouse: A single dwelling in a structure containing three (3) to eight (8) households or living units on separate lots with common walls between them, having ground level access and all exits open directly to the outside. Also referred to as a townhome or row house.

   F.   Twin Home: A structure containing no more than two (2) households or living units on separate parcels, side by side with a common wall between them (see also Zero Lot Line Residence, Attached).

   G.   Patio Home: A single household dwelling, clustered with other similar homes, having small yards and access via a common court.

   H.   Apartment building: A structure containing five (5) or more households or living units, excluding townhouses.

   I.   Accessory Dwelling: A residential dwelling unit within the same building as a single household dwelling, in a detached building such as a guest house, or attached to a garage, and located on the same lot as the single household dwelling. An accessory dwelling unit may also be attached to or associated with a non-residential structure or land use, such as a caretaker unit, parsonage, live-work unit, or loft apartment. Such dwelling units are subordinate to the primary land use. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. An accessory dwelling includes a secure entrance and a separate kitchen, bathroom, and sleeping space from the primary dwelling. For purposes of this definition, kitchen shall mean a space having at least a sink, counter area for food preparation, and permanent provisions for a cooking appliance and a refrigerator.

   J.   Zero Lot Line Residence, Attached; Two (2) or more zero lot line residences that abut each other on a common boundary and each are built to building code standards. An abutting zero lot line residence shall be constructed with zero lot line firewalls as required by the building code (see also Townhouse and Twin Home).

   K.   Zero Lot Line Residence, Detached: A single household dwelling built on a subdivision lot line with one or more sides having zero setback from the property line. It is detached from other residences or structures, and typically has a maintenance easement on the adjoining property for access to the exterior or roof. A zero lot line residence is built to building code standards for a single household dwelling.

   Zero Lot Line Detached Illustration: Zero lot line detached homes have side yards combined for openness and more useable space - maintenance easements are recorded on the opposing lots.

(Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any outdoor location where junk, waste or discarded, dismantled or salvaged materials, including, but not limited to, motor vehicles, not in operating condition and not being restored to operation, but excluding animal products, are stored, handled, processed, dismantled or salvaged and held on site for resale for periods exceeding sixty (60) days. (Ord. 708, 2011; amd. Ord. 822, 2021)

A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A business which derives more than five percent (5%) of its gross income from selling or renting any of the materials described in Idaho Code sections 18-4101 or 18-1514, or is classified as a sexually oriented business per Title 5.36.030 of City code. (Ord. 822, 2021; amd. Ord. 846 § 4, 2022)

A location where manufacturing, fabrication or assembly activities are conducted. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign supporting structure, (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

For the purposes of this Code, the following definitions shall apply:

   A.   Awning Sign: Any sign painted on, or applied to, an awning.

   B.   Canopy Sign: Any sign that is part of, or attached to, a canopy.

   C.   Monolith Sign: A narrow, high profile sign permanently affixed to the ground at its base, supported by a base structure and/or with a supporting structure completely covered or contained within the sign cabinet structure.

   D.   Monument Sign: A low profile sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole. Also referred to as a ground sign.

   E.   Pole Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base structure and/or with a supporting structure of one (1) or more poles, with the support structure partially or entirely exposed.

   F.   Projecting Sign: A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. Also known as a blade sign.

   G.   Pylon Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base structure and/or with a supporting structure of one (1) or more poles, with the support structure entirely concealed or encased in architectural embellishments such as brick, wood, or faux stone and may be similar to the design of the adjacent building(s).

   H.   Roof Sign: A building-mounted sign erected upon, against, or over the roof of a building.

   I.   Site Directional Sign: Small signs designed to provide directions or other information to pedestrian, bicycle, and slow-moving vehicular traffic into, out of, or within a site.

   J.   Wall Sign: A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. Fascia signs, parallel wall signs, and band signs are also considered wall signs.

   K.   Window Sign: A sign that is posted, attached, painted or placed in or on a window, or a sign that is located within three feet (3') of the inside of a window. (Ord. 822, 2021)

A structure intended for human occupancy or use which is primarily fabricated at the site where it is intended to be so occupied or used. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A location where retail sales of goods or services are conducted. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

A way for vehicular traffic except:

   A.   Parking lot or area for traffic movement within the parking lot;

   B.   A way that serves or is intended to serve less than three (3) households. (Ord. 755, 2016; amd. Ord. 822, 2021)

Any construction or improvement, other than a driveway or other hard surface at ground level, upon or within land, and including buildings, signs and walls or fences more than six feet (6') in height. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any purpose for which land or a structure is designed, arranged or intended, or for which it is or may be occupied, utilized or maintained. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any location where automobiles, trucks, trailers, motor homes, campers and other vehicles, mobile equipment or appurtenances thereof are repaired, reconditioned, rebuilt, painted, otherwise subject to mechanical or structural work or are stored for less than fifteen (15) days while awaiting such repairs or work. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any location where automobiles, trucks, trailers, campers and other vehicles, mobile equipment or appurtenances thereof, are sold or rented, and where no work is performed on said items except incidental preparation for display or shipment. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Any outdoor location used for the storage, under restrictions imposed by this title, of operable vehicles or mobile equipment including, but not limited to, automobiles, trucks, trailers, motor homes and campers, unless such vehicles are dismantled, salvaged or in the process of being salvaged, in which case such location shall be regarded as a salvage site, and unless all such vehicles are stored for less than fifteen (15) days at a vehicle repair site while awaiting repairs, in which case such location shall be regarded as a vehicle repair site. For purposes of this definition, a vehicle or mobile equipment is salvaged or in the process of being salvaged if it is not in operating condition, is not being restored to operation, and is used or is to be used for scrap metal or used parts. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021)

Open land on the same lot with a structure.

   A.   Front yard: The space extending across the full width of the lot between the side lot lines at the front of a lot, and from the front lot line to parallel lines extending from the side lot lines to a point on the nearest wall of the principal structure that is nearest to the front lot line. The front yard includes any area in front of the principal structure that is not defined as the front yard and is not in the side yard per section C below.

   B.   Rear yard: The space extending across the full width of the lot between the side lot lines at the rear of a lot, and from the rear lot line to parallel lines extending from the side lot lines to a point on the nearest wall of the principal structure that is nearest to the rear lot line. The rear yard includes any area to the rear of the principal structure that is not in the side yard per section C below.

   C.   Side yard: The space extending from the front yard to the rear yard between the side lot line and the principal structure.

   D.   Yard setback: The distance from the nearest point of the principal structure to the front lot line at the street, rear lot line or side lot line, as indicated by the context.

   E.   Yard width: Distance between side lot lines at the required structure front yard setback line.

(Ord. 620 § 1, 2006; amd. Ord. 822, 2021; Ord. 871 § 5, 2024)