ACCESSORY BUILDING: A subordinate building or structure attached to or detached from the main building, located in or occupying not more than thirty percent (30%) of the rear yard adjoining the main building, the use of which is incidental to that of the main building and the bulk of which is not more than forty percent (40%) of the main building.

ACCESSORY STRUCTURE: A structure on the same lot or parcel as a principal structure, the use of which is incidental and subordinate to the principal structure.

ACCESSORY USE: A use which is customarily incidental to that of the main building or to the main use of the land and which is located in the same zone or a less restrictive zone and on the same lot with a main building or use.

AGRICULTURAL USES: Activities that take place on a farm, including, but not limited to, growing cultivated crops (e.g., grazing crop, pasture crop, horticulture, floriculture, viticulture, fruit trees, berry bushes), raising domestic livestock and aquaculture.

AIR BED & BREAKFAST (AIR B&B): See “Short term Rental”

AIRPORT, CITY: Council’s Municipal Airport

ALLEY: A minor public way providing secondary access at the back or side of a property.

APARTMENT: A room or suite of rooms in a multi-family structure which is arranged, designated, used or intended to be used as a housekeeping unit for a single family.

AREA, BUILDABLE: The space within the setback lines remaining on a lot, parcel or tract after the minimum open space requirements of this title have been complied with.

AREA, MINIMUM LOT: The minimum area, which is allowed within the property lines of the lot, excluding adjoining streets or rights-of-way.

AUTOMOBILE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment repair or parts thereof, including collision service and painting and steam cleaning of vehicles.

AWNING: A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection or as decoration.

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

BED AND BREAKFAST/ BOARDING ROOMS: An owner occupied dwelling providing overnight accommodations and breakfast food and housekeeping service for no more than ten (10) occupants, including the owner and owner’s family.

CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

CERTIFICATE OF OCCUPANCY PERMIT: A permit issued by the zoning administrator and building official, which certifies that based upon the information provided to the city, a structure is complete and ready to be used for the purpose indicated in the original application for a building permit.

CITY: The city of Council, Idaho.

CITY AREA OF IMPACT: That zone designated by the city and county as an area outside of the corporate boundaries of the Council city limits, containing parcels that are very likely to be annexed to the city within the next five (5) years and where municipal or public sewer and water are expected to be provided within five (5) years, considering anticipated commercial and residential growth, as governed by Idaho Code 67-6526.

CITY COUNCIL: The city council of the city of Council, Idaho.

CLEAR VISION TRIANGLES:

   A.   That triangular portion of a corner lot between two (2) intersecting roadways that must be kept clear of sight obstructions that might prevent motorists from identifying potential traffic approaching the intersection on the intersecting roadway.

   B.   The boundaries of an area at the intersection of: 1) two (2) streets; 2) the intersection of a public street and driveway; 3) the intersection of a public street and alley; or 4) at the crossing of a railroad over a street, where visual observations are limited and specified by this title for the purpose of protecting public health and safety. Also known as a sight triangle and sight vision triangle.

CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.

CLINIC/MEDICAL (HUMAN): A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention; but which building does not provide board, room or regular hospital care and services.

CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organized association of persons for social, literary, political, educational or recreational purposes, primarily for the exclusive use of members and their guests; but not including an organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.

COMPREHENSIVE PLAN: The document, or any portion thereof, adopted by the city council as the comprehensive plan pursuant to Idaho Code title 67, chapter 65.

CONDITIONAL USE: A special use permitted within a district, requiring a permit and approval of the planning and zoning commission (city council) and as regulated by chapter 10 of this title.

COUNTY ENGINEER (SURVEYOR): The registered surveyor or engineer appointed by the Adams County board of county commissioners to check plats and make such surveys, maps and plats ordered by the board.

COUNTY RECORDER: The office of the county recorder of Adams County, Idaho.

COURTYARD: An open, unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.

COVENANTS: A written promise or pledge for a set of restrictions which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of all affected landowners.

CUL-DE-SAC: A dead end street provided with turnaround space at its terminus.

CURB GRADE: The established elevation of the curb measured at the center of the front of the building. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this title.

DAYCARE/CHILD OR ADULT: A place or facility providing daycare for thirteen (13) or more children for compensation.

DAYCARE, GROUP FACILITY: A home, place or facility providing daycare for seven (7) to twelve (12) children for compensation.

DAYCARE, IN HOME: A home, place or facility providing daycare for six (6) or fewer children for compensation.

DEAD END STREET: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.

DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the council as a public dedication, either by ordinance or entry in the official minutes of the council, or final subdivision plat approval.

DENSITY, GROSS: The total number of dwelling units within a development divided by the total area and expressed in dwelling units per acre. Should that number be a fraction, it shall be rounded down to the nearest whole number.

DENSITY, NET: The total number of dwelling units within a development divided by the residential area (excluding roads and required open space) and expressed in dwelling units per acre. Should that number be a fraction, it shall be rounded down to the nearest whole number.

DESIGN AND DEVELOPMENT STANDARDS: The standard specifications for public works of the city officially adopted by the council, and all subsequent amendments thereto, including Idaho Department of Environmental Quality best management practices, and Idaho public works construction standards.

DEVELOPMENT AGREEMENT: A written commitment or contract which binds an owner or developer of property which is subject to an annexation or development or rezoning request, to a certain course of action when developing that parcel of property, as used in condition for a specific zone designation or change, as governed by this title and Idaho Code 67-6511A.

DIVIDE OR DIVISION: Any partition of a parcel of real property, whether by deed, mortgage, deed of trust, sales agreement, will, trust, court order or decree, or otherwise.

DWELLING (SINGLE-FAMILY, DUPLEX, MULTIPLE UNITS, ETC.): Any structure or portion thereof providing independent living facilities for one “family”, as defined in this section, including provisions for living, sleeping, cooking and sanitation.

EASEMENT: A grant of the right to use land for specific purposes.

ENGINEER: The city engineer.

ENTERTAINMENT FACILITY: An establishment that offers activities or events for amusement, such as theaters or arcades, and where the selling of food or other items is incidental to the principal use.

FAMILY: Two (2) or more persons related by consanguinity or affinity to the first degree.

FENCE: An enclosure or barrier constructed of wood, masonry, stone, wire, metal, plastic or other manufactured materials used to enclose, screen or separate areas. Walls, latticework and screens are considered fences.

FENCE, CLOSED VISION: A fence that does restrict or impede vision or sight through the fence by more than twenty percent (20%).

FENCE, NONSCALABLE: A fence erected as a barrier to unauthorized access by persons or vehicles, usually six feet (6') in height and often made of wrought iron or woven wire.

FENCE, OPEN VISION: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%).

FENCE, SOLID: A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FLOODPLAIN: Land area susceptible to being inundated by water from any source.

CARPORT (RESIDENTIAL): A structure attached to or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the sheltering of licensed and operable motor vehicles. For detached carports, see definition of Accessory Use Or Structure.

GARAGE, RESIDENTIAL DETACHED: A building for the storage of not more than three (3) vehicles of which not more than one shall be a commercial vehicle of not more than two (2) tons’ capacity.

GARAGE, SERVICE STATION: Buildings and premises where diesel, gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. Minor services may be performed.

GROSS FLOOR AREA: That area to which the general public is admitted for transaction of retail trade.

HEALTH AUTHORITY: Southwest Idaho health district or Idaho department of health and welfare, or their successors.

HIGHWAY: A street designated as a highway by the state or federal agency responsible therefor.

HOME OCCUPATIONS: A full or part time business which is conducted entirely within a dwelling unit and which does not change the character of the dwelling unit.

HOMEOWNERS’ ASSOCIATION: An organization of landowners formed for the purpose of administering public areas within a subdivision and/or for enforcing private subdivision covenants, conditions or restrictions.

HOSPITAL: An institution open to the public, in which sick patients or injured persons are given medical or surgical care.

HOSPITAL OR HOSPICE: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of more than eight (8) incurable patients.

HOTEL/MOTEL: A building in which lodging is provided and offered to the public for compensation.

JUNK: Discarded or used materials, including, but not limited to, used machinery, equipment, scrap copper, brass, iron, steel, other metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use.

JUNK VEHICLE: Any inoperative or non-roadworthy motor vehicle, trailer, other wheeled or tracked motorized equipment, or recreational vehicle, any of which are left standing for a period of more than thirty (30) days upon public or private property.

JUNKYARD: Any land, property, structure or combination thereof upon which is collected, stored, kept, dismantled or discarded any material or “junk” or “junk vehicle”, as defined in this section.

KENNEL / ANIMAL BOARDING: Any premises or portion thereof on which three (3) or more domestic pets are maintained, harbored, possessed, trained, bred, boarded or cared for, but not including an animal clinic, animal hospital or veterinary office.

LABORATORY: A place devoted to experimental study such as testing and analyzing, not including the manufacture of products.

LOADING SPACE: Space designated for pick ups and deliveries.

LOOP STREET: A minor street which forms a loop and returns to the same street from which it originated. A street forming a connection between two (2) other streets is not considered a loop.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required; OR A portion of a recorded subdivision intended as a unit for transfer of ownership or for development.

LOT AREA, MINIMUM: The minimum area, which is allowed within the property lines of the lot, excluding adjoining streets or rights-of-way.

LOT COVERAGE: The ratio of roofed ground floor area of all structures on a lot to the gross square footage of the lot expressed as a percentage.

LOT DEPTH: The horizontal distance between the front and rear lot lines.

LOT, FLAG: A lot which has less footage when abutting a street than that required by this title, but which expands away from the public street into a lot which meets or exceeds lot width requirements.

LOT FRONTAGE: That portion of a lot nearest the street.

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

LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:

   A.   Corner Lot: A lot located at the intersection of two (2) or more streets.

   B.   Interior Lot: A lot with only one frontage on a street.

   C.   Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

   D.   Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.

LOT WIDTH: The horizontal distance between the lot side lines.

MANUFACTURED HOME PARK: Any site or tract of land upon which two (2) or more manufactured homes are parked on a permanent or semipermanent basis, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

MANUFACTURED HOME SUBDIVISION: Any parcel of land which may be divided or proposed to be divided in accordance with the definition of “subdivision”, whereupon one or more manufactured homes shall be placed.

MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning, crushing or marketing of any mineral natural resource.

MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character requiring large sites. Normally, they generate some nuisances such as smoke, noise, vibration, dust, and air and water pollution, which pollution may extend beyond the district boundary.

MANUFACTURING/ LIGHT/NOT OFFENSIVE...:Manufacturing or other industrial uses which are usually controlled operations, relatively clean, quiet and free from objectionable noise or pollution.

MEATPACKING FACILITIES: Includes meat canning, curing, smoking, salting, packing and freezing, or other similar establishments in which meat products are so processed for sale to the public and where the inspection of meat, meat byproducts and meat food products are maintained.

NURSERY: Land, building, structure or combination thereof for the storage, cultivation, container growing, transplanting of live trees, shrubs or plants for shipping or sale on the premises, including products used for gardening or landscaping.

NURSING HOME/ RETIREMENT HOME: Any institution or facility which supplies all of the functional needs of an individual in need of residence care and defined as such for licensing purposes under state law or pursuant to the rules for nursing homes, hospitals, residential care homes, whether proprietary or nonprofit, and shall include, but not be limited to, healthcare facilities owned or administered by the state government or any agency or political subdivisions thereof.

OPEN SPACE: An uncovered area which may include natural or manmade environmental features, water areas, swimming pools, tennis courts, and other recreational facilities which the planning and zoning commission deems permissive.

OWNER: An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in land to be subdivided to commence and maintain proceedings under the regulations of this chapter.

PACKING PLANT, COMMERCIAL: An establishment where fruits and vegetables are graded and/or packed.

PARCEL: A contiguous quantity of land owned by or recorded as the property of the same person.

PARKING AREA, PRIVATE: An open area for the parking of privately owned vehicles and not for public use.

PARKING AREA, PUBLIC: An open area, other than a street, used for the temporary parking of more than four (4) vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

PARKING SPACE: An area, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile.

PLANNED UNIT DEVELOPMENT/ PUD: An area of land in which a variety of uses are developed under a single ownership or control.

PLAT, FINAL: A plan of a subdivision, dedication or any portion thereof prepared for filing and recording by the Adams County recorder and containing those elements and requirements set forth in this title. A final plat, upon its being filed and recorded by the Adams County recorder, shall thereafter be known as an authorized plat, subdivision or dedication.

PLAT, PRELIMINARY: A preliminary plan of a proposed subdivision or dedication containing the elements and requirements set forth in this title.

PLAT, NONRESIDENTIAL: A plan of subdivision for nonresidential uses, dedication or any portion thereof prepared for filing and recording by the County Recorder and containing those elements and requirements set forth in this title for a nonresidential subdivision. A final plat for a nonresidential subdivision, upon its being filed and recorded by the County Recorder, shall be known as an authorized plat, subdivision or dedication.

PORCH: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open in part to the weather.

PORTABLE AUTOMOBILE CANOPY: A shelter structure not intended for habitation, less than two hundred (200) square feet, without sidewalls or drops, constructed of fabric or pliable material supported by a frame made of lightweight metal or plastic, and used only to park operable vehicles which are also licensed and registered.

PORTABLE CANOPY: A shelter structure not intended for habitation, less than two hundred (200) square feet, constructed of fabric or pliable material supported by a frame made of lightweight metal or plastic.

PRINCIPAL USE OR STRUCTURE: The primary building or activity on a tract, parcel or lot.

PROFESSIONAL SERVICES: Offices and related spaces for use by medical practitioners, lawyers, architects, engineers, accountants and other similar professions.

PUBLIC SERVICE: Power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned by a public utility, a railroad, whether publicly or privately owned, or by a Municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.

PUBLIC USE FACILITY: Parks, schools, administrative and cultural buildings and other structures intended for use by the public.

QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature

RECREATIONAL VEHICLE (RV): A portable structure primarily designed as accommodation for recreational, camping and travel use and as defined in Idaho Code section 49-119.

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

RECREATIONAL VEHICLES SALES OR SERVICE: The sale, trade or lease of new or used recreational vehicles in operating condition. Repair work and service shall be minor and incidental.

RESIDENTIAL CARE FACILITY: A structure or portion thereof that provides permanent provisions for living, sleeping, cooking and sanitation and that provides twenty four (24) hour nonmedical care for more than eight (8) individuals that are eighteen (18) years or older who need personal care or assistance and supervision. A residential care facility shall include, but not be limited to, assisted living facility, retirement home and respite care.

RIGHT-OF-WAY: An area or strip of land, either public or private, on or over which an irrevocable right of passage or usage has been obtained and/or secured for either public or private purposes.

ROADSIDE STAND: A temporary structure designed or used for the display or sale of products.

SALES, TEMPORARY OUTDOOR: Intermittent sales of goods, such as yard or garage sales, lemonade or food stands, conducted for not more than twelve hours in a day and no more than two consecutive days, unless granted a permit under the City’s business regulations.

SCREENING: A method to aid in protecting properties from undesirable views, glare, dust, noise or other offensive or harmful materials.

SETBACK: The minimum required horizontal distance between a building or structure and the nearest property line, alley, or public right-of-way, as specified in this title. Setbacks are measured from the property line to the closest exterior wall or structural component of the building, excluding projections permitted under this title.

SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard.

SHALL: Designates a mandatory requirement.

SHORT-TERM RENTAL; 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 less. 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.

SIGN(S): Any device designed to inform or attract the attention of people.

STANDARD SPECIFICATIONS: The standard specifications for public works of the City, officially adopted by the City Council and including all subsequent amendments thereto.

STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the council. The term “street” includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, and other such terms.

STREET, ARTERIAL: A street designated as an arterial street by the council. It is the primary purpose of an arterial street to carry fast or heavy traffic.

STREET, COLLECTOR: A street designated as a collector street by the council. A collector street has the primary purpose of carrying traffic from minor streets to other collector streets and arterial streets.

STREET, COMMERCIAL: A street designated as a commercial street by the council. It is the primary purpose of a commercial street to provide for traffic movement in a commercial area.

STREET FRONTAGE: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.

STREET, INDUSTRIAL: A street designated as an industrial street by the council. It is the primary purpose of an industrial street to provide for traffic movement in an industrial area.

STREET, MINOR: It is the purpose of a minor street to provide access to abutting properties.

STREET, PARTIAL: A dedicated right of way which provides only a portion of the required street width.

STREET, PRIVATE: A street not maintained, owned or dedicated to the City. Also includes the terms “lane” or “loop”.

STREET, PUBLIC: Any right-of-way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term “street” also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, place and other such terms.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, manufactured homes, walls, fences and billboards.

STRUCTURAL ALTERATIONS: Any change to the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

SUBDIVIDER: Any person, individual, company, firm, limited liability company, limited liability partnership or other entity who executes the application and initiates proceedings for the subdivision or short subdivision of land in accordance with the provisions of the City subdivision ordinance. The subdivider need not be the owner of the property.

SUBDIVISION: Any land which is divided or proposed to be divided into two (2) or more lots, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single subdivider, or designated or advertised as a common unit or by a common name. Such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale, lease, transfer or development as part of a common plan.

SUBDIVISION, NONRESIDENTIAL: Any nonresidential land which is divided or proposed to be divided into five (5) or more lots for nonresidential use, whether contiguous or not, for the purpose of sale, lease, transfer or development as part of a common plan and where subdivided land is offered for sale, lease, transfer or development by a single subdivider, or designated or advertised as a common unit or by a common name. Any nonresidential land which is proposed to be divided into four (4) or less lots for nonresidential use is not considered a subdivision.

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

TRACT, ASSESSOR’S: A tract drawn, platted, surveyed, recorded or created for use by a taxing authority. Same as assessor’s plat.

USE: The purpose or manner in which land or a building is occupied, maintained, or employed by the owner or occupant of said property.

VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setback, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the size of a lot.

VICINITY MAP: A drawing which sets forth, by dimension or other means, the relationship of a proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

WRECKING YARD/AUTOMOBILE WRECKING AND SALVAGE: Any use of premises, excluding fully enclosed buildings, whereon more than two (2) motor vehicles unlicensed or registered, or not in operating condition, are standing sixty (60) days or more, or on which such used motor vehicles or parts thereof, are dismantled or stored.

YARD (FRONT, REAR, SIDE): A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure, to include:

   A.   Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

   B.   Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

   C.   Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

ZONE: A section or sections of the incorporated area of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class or use permitted therein.

ZONING ADMINISTRATOR: A person who is appointed by the City Council to administer this title.

ZONING PERMIT: A document issued by the Zoning Administrator, subject to the veto powers of the City Council, authorizing the use of land and structures, and the characteristics of the uses. (Ord. 536, 6-10-2025)