The provisions of this chapter shall be known as the DEFINITIONS. The purpose of these provisions is to promote consistency and precision in the interpretation of the zoning ordinance. The meaning and construction of words and phrases as set forth in this chapter shall apply throughout the zoning ordinance except where the context of such words or phrases clearly indicates a different meaning or construction. (Ord. 2049 §2, 1987: Ord. 1691 §1(part), 1982)

The following general rules of construction shall apply to the textual provisions of the zoning ordinance:

   A.   The particular shall control the general.

   B.   In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

   C.   The word "shall" is always mandatory and not discretionary. The word "may" is discretionary.

   D.   Words used in the present tense include the future and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

   E.   Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

      1.   "And" indicates that all connected items or provisions shall apply.

      2.   "Or" indicates that the connected items or provisions may apply singly or in any combination.

      3.   "Either. . .or" indicates that the connected items or provisions shall apply singly but not in combination.

   F.   The word "permitted" means permitted without the requirement for a special use permit but subject to all applicable regulations. (Ord. 2049 §3, 1987: Ord. 1691 §1(part), 1982)

   A.   All public officials, bodies and agencies to which reference is made are those of the city of Coeur d'Alene, unless otherwise indicated.

   B.   The words "Council" or "Coeur d'Alene City Council" have the same meaning.

   C.   The word "City" means the City of Coeur d'Alene.

   D.   The words "commission" or "Planning Commission" shall have the same meaning.

   E.   The word "Code" means the "Coeur d'Alene Municipal Code". (Ord. 2049 §4, 1987: Ord. 1691 §1(part), 1982)

   A.   The word "County" means the County of Kootenai.

   B.   The word "Federal" means the government of the United States of America.

   C.   The word "State" means the State of Idaho.

   D.   The words "activity", "activities", "facility", "facilities", include any part thereof and refer to the usage of the property and the form the property takes to accommodate the usage, respectively.

   E.   The word "used" includes the words "arranged for", "designed for", "occupied", or "intended to be occupied for". (Ord. 1691 §1(part), 1982)

Activity groups are described in chapter 17.03 of this title. Included are all residential, civic, commercial, service, wholesale and industry activities. (Ord. 1691 §1(part), 1982)

   A.   "Abut" means two (2) adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other, except where two (2) or more lots adjoin only at a corner or corners; they shall not be considered as abutting unless the common property line between the two (2) parcels measures more than eight feet (8') in a single direction.

   B.   "Access" or "accessway" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

   C.   "Accessory activity" means an activity which is incidental to, and customarily associated with, a specified principal activity, and which meets the applicable conditions set forth in section 17.06.610, "Accessory Uses Related To Principal Uses", of this title.

   D.   Accessory Building: For "accessory building", see definition of accessory facility.

   E.   "Accessory dwelling unit" means a dwelling unit that is associated with and is a subordinate use to a principal dwelling unit on one lot that meets the requirements of sections 17.06.650 through 17.06.670 of this title.

   F.   "Accessory facility" means a facility which is incidental to, and customarily associated with, a specified principal facility and which meets the applicable conditions set forth in section 17.06.630, "Accessory Structure Criteria", of this title.

   G.   "Accessory storage facility" is:

      1.   A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.

      2.   For the purposes of this chapter, cargo containers, railroad cars, truck vans, mobile homes, manufactured homes, trailers, recreational vehicles, buses, bus bodies, shipping containers, vehicles and similar prefabricated structures and other items, originally built for purposes other than the storage of goods and materials are not accessory storage buildings.

   H.   "Accessory use" includes accessory activity and accessory facility.

   I.   "Acre" means a full acre containing forty three thousand five hundred sixty (43,560) square feet of area within the property lines of a lot or parcel.

   J.   "Activity" means the performance of a function or operation.

   K.   "Activity group" means a type of activity which is specifically described in chapter 17.03 of this title on the basis of common functional characteristics and similar effects on other uses, and which is designated throughout this title by a special name including all residential, civic, commercial, service, wholesale and industrial types.

   L.   "Adjacent" means near, close or abutting; for example, a commercial zoning district across the street or highway from a residential zoning district shall be considered as "adjacent".

   M.   "Adjoin" means the same as "abut".

   N.   "Affected person" or "aggrieved party" means any resident of the City of Coeur d'Alene; or any person having interest in real property in the City of Coeur d'Alene; or any person with an interest in real property located within three hundred feet (300') of the external boundaries of the land being considered.

   O.   "Alley" means a passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for the general traffic circulation. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

   P.   "Alteration" means any enlargement; addition; relocation; repair; remodeling; change in number of living units; or other change in a facility, but excluding ordinary maintenance for which no building permit is required, and demolition or removal.

   Q.   Applicant: For "applicant", see definition of owner.

   R.   "Apartment" means a room or suite of rooms in a multiple- family facility designed or used as a single living unit and provided with living, sleeping, kitchen, and bathroom facilities. (Ord. 3600, 2018)

   A.   "Basement" means a space wholly below grade or when only partially below grade, the finished floor above which is less than six feet (6') above the average adjoining elevation of finished grade and less than twelve feet (12') above grade at any one point, otherwise, such space shall be considered a story.

   B.   "Bed and breakfast facility" means the B&B, bed and breakfast, guesthouse; formerly a single-family dwelling, where the use as home and lodging facility is equally mixed with lodging superseding home more often than not, renting more than two (2) rooms. Owners live on the premises, offer overnight lodging, and serve a meal to guests. These facilities are located in residentially zoned areas and meet all legal requirements for such facilities. The facilities advertise publicly, are permitted signs on the property, and serve a meal to guests. Many of these facilities are historic structures. Meetings, receptions, and private parties for which remuneration is received may be allowed through the special use permit if specifically requested.

      1.   "Guestrooms" shall be defined as sleeping rooms and bathrooms used exclusively for paying guests.

      2.   "Homestay" means a private home, where home indicates the principal use of the facility and lodging is secondary or accessory to the principal use, operating on an occasional basis renting not more than two (2) unused bedrooms and serving a meal to overnight guests. The homestay is located in residential areas where zoning restrictions prevent:

         a.   Meetings, receptions, and private parties for which remuneration is received; and

         b.   Posting a sign larger than allowed by the home occupation regulations.

Guests generally find the homestay through reservation service organizations (RSOs) or by word of mouth.

      3.   "Owner" means an individual who has at least a twenty five percent (25%) ownership in the facility. Nothing in these regulations shall be construed so as to prevent the owner from leaving the premises for vacation, emergency or other prolonged periods and allowing another individual to temporarily take up residence in the home and enjoying the rights normally appurtenant to ownership in the manner commonly referred to as "housesitting".

   C.   "Berth" means an area, exclusive of loading docks, designed to accommodate a motor vehicle during loading or unloading of goods.

   D.   "Block" means a parcel of land bounded on all sides by street rights-of-way, railroad rights-of-way, waterways, parks, unsubdivided acreage, or a combination thereof.

   E.   "Building" means a structure having a roof supported by columns or walls, built and maintained for the support, shelter, or enclosure of persons, animals, or property of any kind, but not including temporary buildings as defined in "structure, temporary".

   F.   Building, Area Of: "Area of building" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

   G.   "Building envelope" means a volume, within which a structure is permitted to be built on a lot. This volume is limited by the combination of regulations which establishes the size of a building and its location on a lot. Such regulations include, but are not limited to: setback and spacing, height, minimum yard and impervious surface.

   H.   Building, Height Of: For "height of building", see definition of height.

   I.   "Building setback line" means a line at the minimum distance as prescribed by this title between any property line or recorded easement requiring setback, and the closest point of the foundation of any building or structure related thereto.

   J.   Building, Temporary: "Temporary building" means the same as definition of "structure, temporary". (Ord. 2689 §1, 1995: Ord. 2368 §1, 1991: Ord. 2296 §1, 1990: Ord. 2049 §6, 1987: Ord. 1691 §1(part), 1982)

   A.   "Caretaker's unit" means a dwelling unit designed and used as a single living unit and provided with living, sleeping, kitchen, and bathroom facilities with a maximum of one thousand four hundred (1,400) square feet that must be accessory to the commercial or manufacturing facility on the property and limited to occupancy of an employee or owner of the property.

   B.   "Cargo container" means standardized reuseable vessels that are:

      1.   Originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities; and/or

      2.   Originally designed for or capable of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis of similar transportation device. This definition includes the terms "transport containers", "shipping containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.

   C.   "Carport" means a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter or storage.

   D.   "College" means an educational institution offering advanced instruction in an academic or business field, beyond the secondary level, including trade schools or business colleges, except those whose function is primarily commercial in nature with the training or schooling an incidental activity. This includes all accessory uses, such as dormitories, parking lots, etc.

   E.   "Commercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and including a trailer coach.

   F.   "Commercial zoning district" means a zoning district that permits service, retail and wholesale commercial activities.

   G.   Construction, Start Of: "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.

   H.   "Contiguous" means the same as "abut".

   I.   "Corner cutoff area" means an area provided and maintained for adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys and private driveways.

   J.   "Commission" means the Coeur d'Alene City Planning Commission.

   K.   "Comprehensive plan" means that plan adopted by the City Council as the comprehensive plan for the City. (Ord. 3600, 2018)

   A.   "Day" means calendar day.

   B.   "Daycare facility" means a facility furnishing care, supervision, or guidance during any part of the twenty four (24) hour day, to a group of ten (10) or more children, who are twelve (12) years of age or under, and who are unrelated to the person(s) operating the facility. Daycare facilities include such items as daycare centers, daycare schools, and nursery schools.

   C.   Design Review, Administrative: "Administrative design review" means the staff evaluation of project for compliance with design review regulations.

   D.   "District" means the same as "zoning district".

   E.   "Drainage channel" means an existing or proposed open ditch, open culvert, or open channel, naturally created or designed to transmit water for flood control or irrigation purposes.

   F.   "Drip line" means an imaginary line drawn on the ground around a tree, directly under the outermost branches.

   G.   "Driveway" means a vehicular access to an off street parking or loading facility that also provides interior circulation between parking stalls.

   H.   "Duplex" means a two-family dwelling, each with a private exterior entrance, sharing common supporting structural elements.

   I.   "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

   J.   Dwelling Unit, Group: "Group dwelling unit" means a dwelling unit occupied by more than eight (8) persons unrelated by blood, marriage, or adoption, and living together as an independent housekeeping unit whether operated as a business or not, but excluding criminal transitional facilities, juvenile offenders facilities and other institutional arrangements involving the provision of a special kind of care or forced residence. (Ord. 3380 §2, 2010)

   A.   "Earth sheltered building" means a building covered partially or entirely by earth utilizing the earth as an integral part of the design. See also definition of underground building.

   B.   "Earthen berm" means a mound or embankment of earth, together with necessary retaining structures.

   C.   "Easement" means a space on a lot or parcel of land reserved for or used for public utilities or public or private uses. (Ord. 1691 §1(part), 1982)

   A.   "Facility" means a structure, or other physical site improvements, necessary to accommodate a specific activity.

   B.   "Family" unless otherwise specified by ordinance means any of the following:

      1.   One or more persons who are related by blood, marriage, or adoption; or

      2.   No more than four (4) persons who are unrelated by blood, marriage or adoption living together as a single housekeeping unit; or

      3.   No more than a total combination of five (5) persons related and unrelated living together as a single housekeeping unit; or

      4.   A group:

         a.   Placed in a foster home or childcare facility by an authorized agency;

         b.   Eight (8) persons or less devoting full time to a religious or ethical discipline, unrelated by blood, marriage, or adoption, any of which are living together as an independent housekeeping unit together with incidental domestic servants and temporary nonpaying guests; or

         c.   Eight (8) persons or less who are unrelated by blood, marriage, or adoption who are mentally or physically handicapped, or elderly with no more than two (2) residential staff members.

   C.   "Fence" means a structural device forming a vertical physical barrier.

   D.   "Finished grade" means the finished surface of the ground after grading for development.

   E.   "Floor area" means the sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, as measured from the inside face of exterior walls. It does not include space below grade, space dedicated to parking, mechanical spaces, elevator and stair shafts, lobbies and common spaces (including atriums), exterior decks, porches and arcades open to the air or space used for any bonus feature allowed by the applicable zoning or overlay district.

   F.   "Floor area ratio" is a method of calculating allowable floor area. The FAR allowed in the applicable zoning or overlay district multiplied by the parcel size (in square feet) equals the amount of allowable floor area that can be built. "Parcel size", for the purposes of this definition, is the total contiguous lot or lots under common ownership. FAR includes all structures on a site.

   G.   "Frontage" means a front lot line; also the length thereof. The frontage, or front, of a lot is usually the side nearest to and abutting the street.

   H.   Frontage, Building: "Building frontage" means that frontage which faces upon a public or private street. Where a building faces on two (2) or more streets, the frontage containing the principal entrance to the building shall be designated as the building frontage.

   I.   Frontage, Corner Lot: For "corner lot frontage" see subsection 17.02.080R2 of this chapter.

   J.   "Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves, or embellishments. (Ord. 3600, 2018)

   A.   Garage, Private: "Private garage" means a detached accessory building or a portion of a main building, including carports, on the same lot as a facility or other lot as may be permitted by this title, for the housing of vehicles of the occupants of the facility.

   B.   Garage, Public: "Public garage" means a building available for use by the public for the storage of motor vehicles, with or without fee and not directly related to a residential land use.

   C.   "Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty five feet (25') in a horizontal distance of one hundred feet (100') would be expressed as a grade of twenty five percent (25%). See also definition of slope.

   D.   "Grand scale tree" means a tree measuring a minimum of twenty inches (20") in diameter when measured at four and one-half feet (41/2') above existing grade, or a tree measuring a minimum of forty five feet (45') in height above existing grade regardless of diameter located within twenty feet (20') of a public street.

   E.   "Gross acre" means an acre of land which is unsubdivided or includes land which may become a public right-of-way. (Ord. 3565, 2017)

   A.   "Habitable room" means any room in a dwelling unit used for living, eating, sleeping, or cooking, but excluding a bathroom, closet, hall, storage space, utility room, foyer, communicating hall, pantry, laundry, or unfinished attic, basement or cellar.

   B.   "Half story" means a story under a gable, hip or gambrel roof, wall plates of which are not more than three feet (3') above the floor of such story.

   C.   "Height" means the following:

      1.   The vertical distance measured from the average finish grade of the building site, as determined from the highest and lowest point of that portion of the lot covered by the building, to the highest point of the roof, and subject to all provisions of section 17.08.220 of this title.

      2.   In the case of a fence, sign, screen, wall or dense landscaping: The vertical distance by which such structure, or portion thereof, extends above the actual adjoining level of finished grade, subject to the provisions of the height regulations set forth in chapter 17.06, article IV of this title and the landscaping, buffering and screening regulations set forth in chapter 17.06, article IX of this title.

   D.   "Home occupation" means an occupation or business activity which results in a product or service that is conducted as an accessory use within the resident's dwelling unit or as the primary use in a completely enclosed, permitted accessory structure, and is subject to the home occupation regulations in chapter 17.06, article VIII of this title.

   E.   "Hotel" means a commercial lodging facility, other than a motel, designed for or occupied by individuals on a less than weekly basis. (Ord. 2276 §1, 1990: Ord. 2049 §9, 1987: Ord. 1691 §1(part), 1982)

   A.   "Impervious surfaces" means a hard surface area which either prevents or retards the entry of water into the soil mantle, and/or which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development.

   B.   "Intensity" means the degree to which a parcel is used; specifically, the level of concentration or activity.

   C.   "Junk yard" means an open area where junk, waste, scrap, used equipment, vehicle parts, and discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, dissembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes automobile wrecking yards, house wrecking yards, used lumberyards, and places or yards for storage of salvage house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings. (Ord. 3600, 2018: Ord. 2995 §1, 2000: Ord. 2049 §10, 1987: Ord. 1691 §1(part), 1982)

   A.   "Commercial kennel" means an establishment primarily offering boarding, training and/or breeding services and the associated sale of dogs with the exclusion of veterinary hospitals.

   B.   "Kitchen" means any room or portion thereof containing facilities designed or used for the preparation of food, including, but not limited to, sinks, stoves, ranges or hot plates.

   C.   "Noncommercial kennels" means any one household that keeps, maintains, harbors or possesses more than four (4) dogs over six (6) months of age. Incidental sale of said animals shall not disqualify households from noncommercial status. (Ord. 1889 §1, 1985: Ord. 1691 §1(part), 1982)

   A.   "Landscaping" means the planting and maintenance of some combination of trees, shrubs, vegetation, turf, vines, annuals, perennials or bulbs.

   B.   "Living room" means the principal room designed for general living purposes in a dwelling unit.

   C.   "Loading space" means an off street space or berth on the same lot with a main facility, or contiguous to a group of facilities, for the temporary parking of commercial vehicles while loading or unloading and where required by chapter 17.44 of this title. A loading space in use shall not block traffic or cause other hazards or inconveniences.

   D.   "Lot" means the lot is a parcel of land used, or set aside and available for use, as the site of one or more buildings, and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street. A lot for the purpose of this title will coincide with the lot of record.

   E.   Lot, Buildable: "Buildable lot" means the minimum lot area performance standard as specified by appropriate zoning district; may or may not coincide with the lot of record.

   F.   Lot, Corner: "Corner lot" means a lot located at the intersection or interception of two (2) or more streets at an angle of not more than one hundred thirty five degrees (135o). If the angle is greater than one hundred thirty five degrees (135o), the lot shall be considered an "interior curve lot".

   G.   Lot, Cul-De-Sac: "Cul-de-sac lot" means a lot fronting on, or with more than one-half (1/2) of its frontage on the turnaround end of a cul-de-sac street.

   H.   Lot, Flag: "Flag lot" means an odd shaped lot that, in appearance, generally resembles a flag on a standard with the end of the narrowest portion representing the required street frontage, which, at a minimum, shall be twenty feet (20').

   I.   Lot, Interior: "Interior lot" means a lot other than a corner lot (i.e., bounded on both sides by lots).

   J.   Lot, Nonconforming: For "nonconforming lot", see subsection 17.02.090C3 of this chapter.

   K.   Lot, Curve: "Curve lot" means the following:

      1.   "Inside curve lot" means a lot fronting on the inside curve of the right of way, or a lot at the intersection of two (2) rights of way where the angle created is greater than one hundred thirty five degrees (135°).

      2.   "Outside curve lot" means a lot fronting on the outside curve of the right of way which right of way centerline has a radius of two hundred fifty feet (250') or less.

   L.   Lot, Reversed Corner: "Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

   M.   Lot, Through: "Through lot" means a lot having frontage on two (2) dedicated streets, not including a corner or reversed corner lot.

   N.   "Lot area" means the area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this title, or any area required as open space under this title, and including the area of any easements.

   O.   "Lot coverage" means the portion of a lot or building site which is occupied by any building, structure, or facility, excepting paved areas, walks, and swimming pools, regardless of whether the building, structure, or facility is intended for human occupancy.

   P.   "Lot depth" means the horizontal distance between the midpoint of the rear lot line or the intersection of side lot lines and the midpoint of the front lot line.

   Q.   "Lot line" means any legal boundary of a lot.

   R.   Lot Line, Front: "Front lot line" means the following:

      1.   On an interior lot: any street line which actually abuts the lot;

      2.   On a corner lot: The owner or developer of the lot may select either abutting street line as the front lot line. (See reversed corner lot, subsection L of this section.) If adjacent street lines of a corner lot intersect at an angle greater than one hundred thirty five degrees (135°), both such street lines shall be deemed front lot lines.

   S.   Lot Line, Interior Side: "Interior side lot line" means any side lot line which is not a street line.

   T.   Lot Line, Rear: "Rear lot line" means the lot line which is opposite and most distant from the front lot line, and which is parallel to the front lot line or, if extended, would intersect with it at an angle of less than forty five degrees (45o).

   U.   Lot Line, Side: "Side lot line" means any lot line which is not a front lot line or a rear lot line.

   V.   "Lot of record" means a lot shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

   W.   "Lot width" means the distance measured between midpoints of the side lot lines. (Ord. 3089 §1, 2002: Ord. 2109 §2, 1988: Ord. 1691 §1(part), 1982)

   A.   "Manufactured home, designated", means a structure which is constructed according to HUD/FHA standards and other standards as adopted by the state. In addition, all designated manufactured homes shall meet the following criteria:

      1.   The manufactured home shall be multisectional and enclose a space not less than one thousand (1,000) square feet;

      2.   The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter in such a manner that the home is located not more than twelve inches (12") above grade;

      3.   The manufactured home shall have a pitched roof with a minimum slope of three feet (3') in height for each twelve feet (12') in width;

      4.   The manufactured home shall have exterior siding or 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;

      5.   The manufactured home shall have a garage or carport constructed of like materials. An attached or detached garage shall be constructed in lieu of a carport where such is consistent with the predominant construction of abutting dwellings;

      6.   In addition to the provisions of subsections A1 through A5 of this section, a manufactured home shall be subject to any development standards, architectural requirements and minimum size requirements to which a conventional single-family residential dwelling on the same lot would be subjected.

   B.   "Manufactured structure" means any building or building component, other than a mobile home, which is constructed according to standards contained in the uniform building code as adopted by the city, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

   C.   "Mobile home" means a structure, constructed according to HUD/FHA 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.

      1.   A dependent mobile home is one not equipped with a toilet for sewage disposal.

      2.   An independent mobile home is one equipped with a toilet for sewage disposal.

      3.   A self-contained mobile home is one equipped with a toilet, water storage tank for potable water, and sewage holding tank.

   D.   "Mobile home accessory building or structure" means any awning, portable, demountable, or permanent cabana, ramada, storage cabinet, carport, fence, windbreak, or porch established for the use of the occupant of the mobile home.

   E.   "Mobile home park" means any area or tract of land where one or more mobile home sites are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

   F.   "Mobile home subdivision" means a subdivision with principal residential facilities limited exclusively to mobile homes.

   G.   "Manufacturing or industrial zoning district" means a zoning district that permits activities that are principally involved with assembling, warehousing, manufacturing, extracting, rendering, and other activities that are not residential in nature.

      1.   "Light" means manufacturing, warehousing, and industry that is primarily indoors with an on site operation that has a minimal impact on the environment. Lumber, saw, and planing mills are included within this category.

      2.   "Heavy" means the type of uses that require extensive facilities, which are not usually entirely enclosed within buildings, and which may create adverse effects to the environment.

   H.   "Motel" means a commercial lodging facility designed for or occupied by individuals on a less than weekly basis, where access to individual units is predominantly by means of common exterior corridors or where off street parking is in sufficiently close proximity to the units as to facilitate direct baggage handling by guests.

   I.   "Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integrated part of the completed vehicle, primarily designed to provide temporary living quarters for recreational, camping, or travel use. Removal of motor or suspension and/or attachment to a permanent foundation will not constitute a mobile home. (Ord. 3380 §4, 2010)

   A.   "Natural grade" means the surface of the ground prior to grading.

   B.   "Net acre" means an acre of land which does not or will not include any area in public right of way after subdivision or development of the land.

   C.   "Nonconforming use" means the following:

      1.   "Nonconforming activity" means an activity which, under the zoning ordinance, is not itself a permitted activity where it is located, but which was permitted by or conformed to the requirements of a zoning ordinance in effect prior to the effective date of the zoning ordinance codified in this title.

      2.   "Nonconforming facility" means a facility which, under the zoning ordinance, is not itself a permitted facility where it is located or does not conform to: off street parking or loading requirements, performance standards, site performance standards, density, height, yard, buffering, landscaping, screening or other requirements applying to facilities; and which was permitted by or conformed to requirements of a zoning ordinance in effect prior to the effective date of the zoning ordinance codified in this title.

      3.   "Nonconforming lot" means a lot which, under the zoning ordinance does not meet the lot area or lot dimension requirements of the zoning district where it is located and which was permitted by or conformed to the requirements of a zoning ordinance in effect prior to the effective date of this zoning ordinance.

   D.   "Nuisance" means any use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to city ordinances, except for approved, nonconforming uses. (Ord. 2049 §12, 1987: Ord. 1691 §1(part), 1982)

   A.   "Ordinance" means the same as "zoning ordinance".

   B.   "Owner" means the owner of record or his authorized agent, or the holder of a written option to purchase, or the duly authorized agent of any government unit, shall be deemed to be the owner of such land for the purposes of this title. (Ord. 1691 §1(part), 1982)

   A.   "Parcel" means a piece of land held under separate ownership; also includes tracts.

   B.   "Parklike" means exhibiting characteristics of a park, i.e., land with clusters of trees and shrubs in a cultivated or natural condition used or suitable for use as a park.

   C.   "Party wall" means a shared common wall between two (2) otherwise separate structures.

   D.   "Performance standards" means the limitations on certain nuisance-generating characteristics of various activities including vibration, noise, odor, humidity, heat, cold, glare, and other dangerous or objectionable matter or phenomena, as established in chapter 17.07, article II, "Performance Standards Regulations", of this title.

   E.   "Person" means an individual, firm, partnership, joint venture, association, nonprofit organization, corporation, estate, receiver, syndicate, city, county, special district, or any other group or combination acting as an entity, except that it does not include the City.

   F.   "Planned unit development" means a unified development adhering to a comprehensive development plan and located on a single tract of land or, on two (2) or more tracts of land which may be separated only by a street or other right-of- way, whose approval would serve to implement the City Comprehensive Plan, and which is subject to the planned unit development regulations, chapter 17.07, article III of this title.

   G.   "Premises" means a lot or plot of property conveyed by separate conveyance.

   H.   "Principal activity" means an activity which fulfills a primary function of an establishment, institution, household or other entity.

   I.   "Principal facility" means a main building or other facility which is designed for or occupied by a principal activity.

   J.   "Principal use" includes principal activity and principal facility.

   K.   "Private tree" means a tree that is not a public tree.

   L.   "Property line" means the same as "lot line".

   M.   "Public tree or shrub" means a tree or shrub that is situated in such a manner so that fifty one percent (51%) or more of the tree trunk or shrub base at ground level is on public property or public right-of-way. (Ord. 2109 §3, 1988: Ord. 2049 §13, 1987: Ord. 1691 §1(part), 1982)

   A.   "Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pick-up coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer (a canvas, material or metal folding structure, mounted on wheels, and designed for travel, recreation and vacation use).

   B.   "Residential zoning district" means a zoning district that permits improvements that are primarily for nontransient human habitation and activities that are incidental to human habitation.

   C.   "Rezoning" means the same as "zoning district, change of".

   D.   "Right-of-way" means a portion of property reserved for public use and accepted for such by the City Council, to provide circulation and travel to abutting properties and including, but not limited to, streets, sidewalks, provisions for public utilities, cut and fill slopes and public open space.

   E.   "Roof pitch" means the slope or angle of a roof.

      1.   "Low slope" means a roof having a slope equal to or less than two and one-half inches (21/2") in twelve inches (12").

      2.   "Medium to high slope" means a roof having a slope greater than two and one-half inches (21/2") in twelve inches (12").

   F.   "Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches. (Ord. 3600, 2018: Ord. 1958 §1, 1986: Ord. 1691 §1(part), 1982).

   A.   "Separate ownership" means ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

   B.   Setback Line, Front Yard: "Front yard setback line" means the line which defines the depth of the required front yard. The setback shall be parallel with the right-of-way line or highway setback line when one has been established.

   C.   Setback Line, Rear Yard Or Side Yard: "Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard. The setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the applicable zoning district.

   D.   "Shoreline protective structure" means walls, earthen banks, bulkheads, revetments, beach replenishment or other devices designed to prevent direct erosion or flooding of the backshore by reinforcing the interface between land and water.

   E.   "Shrub" means a low growing, usually several stemmed, woody plant.

   F.   "Significant tree" means a deciduous tree six inches (6") in diameter at breast height or greater measured four and one-half feet (41/2') above grade, and/or evergreen tree four feet (4') or taller measured above existing grade.

   G.   "Site" means the site shall be defined as a parcel of land intended to have one or more buildings, uses, or activities.

   H.   "Slope" means a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred feet (100') with a rise of fifty feet (50') would be expressed as two to one (2:1) slope. See also "grade" in section 17.02.060 of this chapter and "top and toe slope".

   I.   "Special use permit" means a permit granted under provisions specified in this Code to allow certain uses specifically mentioned in the various zoning districts.

   J.   "Story" means a portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it; provided, that the following shall not be deemed a story:

      1.   A basement or cellar if the finished floor level directly above is less than six feet (6') above the average adjoining elevation of finished grade, and less than twelve feet (12') above grade at any one point;

      2.   An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such space.

   K.   "Street" means that portion of a right-of-way improved, maintained, and intended for use by vehicles to provide traffic circulation, primary access to abutting properties, and parking. This definition includes all of the area typically located between curbs.

   L.   Street, Side: "Side street" means that street bounding a corner or reversed corner lot and which extends along the side lot line.

   M.   "Street centerline" means the center line of a street right-of-way as established by official surveys.

   N.   "Street line" means a lot line dividing a lot from an abutting street.

   O.   "Structure" means any facility located on or in the ground or attached to something having location on the ground.

   P.   Structure, Temporary: "Temporary structure" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days.

   Q.   "Swimming pool" means any permanent structure containing a body of water intended for recreational uses, including wading pools. (Ord. 2995 §

   A.   "Toe of slope" means that point or line of initial break where the terrain changes to an upward direction.

   B.   "Top of slope" means that point or line of initial break where the terrain changes to a downward direction.

   C.   "Travel trailer" means a vehicle other than a motor vehicle which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the Idaho Vehicle Code.

   D.   "Tree" means a woody perennial plant, usually having a single stem. (Ord. 2109 §5, 1988: Ord. 1691 §1(part), 1982)

   A.   "Underground building" means a structure built below grade and/or built with earth mounted over the structure.

   B.   Utility Easement: For "utility easement" see "easement" in section 17.02.050 of this chapter.

   C.   "Use" means the result of the combination of an activity with a facility. (Ord. 1691 §1(part), 1982)

   A.   "Vegetative cover" means a live, growing cover of plant material.

   B.   "Visual obstruction" means any fence, hedge, tree, shrub, wall, or structure exceeding thirty six inches (36") in height, measured from the crown of intersecting or intercepting streets, alleys, or driveways, which limits the visibility of persons in motor vehicles on said streets, alleys, or driveways. This does not include trees kept trimmed or branches below a minimum height of eight feet (8'). (Ord. 2109 §6, 1988: Ord. 2049 §14, 1987: Ord. 1691 §1(part), 1982)

   A.   "Wall" means any structure or device forming a physical barrier, which is so constructed that fifty percent (50%) or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane (see "fence" in section 17.02.055 of this chapter).

   B.   Wall, Windowless: "Windowless wall" means a solid wall not containing openings from the interior of the building.

   C.   A "wireless communication antenna array" is a single or group of antenna elements, not including small cell antennas, and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless communication signals.

   D.   A "wireless communication facility" or "WCF" is a staffed or unstaffed facility or location or equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, a tower or attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets, and including small cell technologies. (Ord. 3600, 2018: Ord. 2833 §2, 1997: Ord. 1691 §1(part), 1982)

   A.   "Yard" means an area between a structure and some lot line, measured for a specific distance, in a horizontal plane, perpendicularly from the lot line to the nearest point of the structure; located on the same lot as the structure; and open and unobstructed except for the facilities allowed therein as specified in section 17.06.495 of this title.

   B.   Yard, Front: "Front yard" means a yard measured into a lot perpendicularly from the front lot line or lines.

A required front yard shall extend the full width of the lot between its side lot lines and shall remain open and unobstructed except for the facilities allowed therein as specified at subsection 17.06.495A of this title.

   C.   Yard, Interior Side: "Interior side yard" means the same as "yard, side", except that an interior side yard may not be along the street side of a corner lot or of a reversed corner lot.

   D.   Yard, Rear: "Rear yard" means a yard measured into a lot perpendicularly from its rear lot line; provided, that in cases where there is no rear lot line the rear yard shall be measured into the lot from the rearmost point of the lot depth, parallel to the lot depth. A required rear yard shall extend the full width of the lot between its side lot lines and shall remain open and unobstructed except for the facilities allowed therein as specified at subsection 17.06.495C of this title.

   E.   Yard, Side: "Side yard" means a yard measured into a lot perpendicularly from one or more of its side lot lines. A required side yard shall extend between the required front yard and rear yard, and shall remain open and unobstructed except for the facilities allowed therein as specified at subsection 17.06.495B of this title. (Ord. 1691 §1(part), 1982)

   A.   "Zone" means the same as "zoning district".

   B.   "Zoning district" means an area designated in conformance with this title. (Ord. 1691 §1(part), 1982)