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Donnelly City Zoning Code

CHAPTER 18

05 ADMINISTRATION AND ENFORCEMENT

§ 18.05.010 Purpose.

This City of Donnelly Unified Development Code (UDC) is enacted for the purpose of promoting the public health, safety, and general welfare; to conserve and protect property and property values; to secure the most appropriate use of lands; to control the density of population; to minimize traffic congestion; and to facilitate adequate and economical provisions for public improvements and services; all in accordance with the city of Donnelly comprehensive plan for the desirable future physical development of the city of Donnelly; to provide a method of administration and to prescribe means of enforcement of the provisions hereafter described.
(Ord. 269, 9/15/2025)

§ 18.05.020 Jurisdiction and scope of regulations.

These regulations shall be minimum requirements related to development within the city of Donnelly, aiming to streamline and consolidate various land use controls into a single document. This includes, but is not limited to, zoning regulations, subdivision regulations, floodplain development regulations, infrastructure requirements, design requirements, landscaping requirements, and sign regulations. Essentially, this UDC provides a comprehensive framework for how land is used, developed, and improved within the city of Donnelly.
(Ord. 269, 9/15/2025)

§ 18.05.030 Most restrictive standards shall govern.

The provisions of this title shall be held to be minimum requirements adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern, unless prohibited by superior law.
(Ord. 269, 9/15/2025)

§ 18.05.040 Unified Development Code Administrator.

For the purpose of carrying out the provisions of this title, a Unified Development Code Administrator is hereby created, hereinafter referred to as the Administrator, who shall be appointed by the mayor with the consent of the council, either as a contract consultant or as a city employee. The Administrator shall administer this title and perform other duties as may be prescribed by the council.
(Ord. 269, 9/15/2025)

§ 18.05.050 Application submittals.

Applications for the following shall be required to be submitted to the city: comprehensive plan amendments, conditional use permits, design review approvals, preliminary plats, final plats, floodplain development permits, zoning ordinance map amendments (rezones), zoning ordinance text amendments; and this title, or the Administrator, or the city council, may require applications for other items not listed.
For any required application, the applicant shall file with the Administrator completed City of Donnelly application form(s) and related information. The contents of the related information shall be in such a form as stipulated by the Administrator and as specified on the applicable application. Additional plans or data deemed necessary by the Administrator may also be required. The Administrator shall review the application(s) and related materials and may need additional or clarified information for the application(s) to be "Deemed Complete." Once the Administrator has provided the applicant with written notification that the application(s) has been "Deemed Complete" the application(s) will then be processed though the city as stipulated within this title.
(Ord. 269, 9/15/2025)

§ 18.05.060 Public hearing and notice requirements.

A. 
Public hearings and notice shall comply with Idaho Code Section 67-6509 as follows:
1. 
The city council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. 
At least 15 days prior to the hearing, notice of the time and place and a summary of the subject of the application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The city shall make available a notice to other papers, radio, and television stations serving the jurisdiction for use as a public service announcement.
3. 
Notice of the subject of the application shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts and the manager or person in charge of the local public airport, at least 15 days prior to the public hearing scheduled by the council.
4. 
Notice of the subject of the application shall also be given to a pipeline company operating any existing interstate natural gas transmission pipeline or interstate petroleum products pipeline, as recognized by the pipeline and hazardous materials safety administration, with a center point within 1,000 feet of the external boundaries of the land being considered, provided that the pipeline company is in compliance with Idaho Code Section 62-1104.
5. 
Except for Unified Development Code text amendments, notice of the subject of the application shall be provided by mail to property owners or purchasers of record within the land being considered, and within 300 feet of the external boundaries of the land being considered, and any additional area that may be impacted by the proposed change as determined by the Administrator. Alternatively, when notice is required to 200 or more property owners or purchasers of record, in lieu of mailed notice, the city shall provide notice of the date, time and place of the hearing and a summary of the subject of the application to be discussed within two consecutive editions of the official newspaper or paper of general circulation with the last notice published at least 15 days prior to the hearing.
6. 
Following the city council hearing, if the council decision results in a material change to the application that was considered at the hearing, it shall give notice of its proposed material change(s) and conduct another public hearing concerning the matter. A record of the hearings, findings made, and actions taken by the council shall be maintained by the city.
7. 
Council Action. After hearing all the evidence, the council may either approve, approve with conditions, table, remand to staff, or deny the application(s). Upon granting or denying an application, or applications(s), the council shall specify in writing:
a. 
The ordinance and standards used in evaluating the application(s);
b. 
A reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record; and
c. 
The actions, if any, that the applicant could take to obtain approval.
B. 
Neighborhood Meetings. Applicants shall conduct a neighborhood meeting.
1. 
Meeting Requirements.
a. 
It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed appropriate by the Administrator, to all property owners or purchasers of record owning property within a 300-foot radius of the exterior boundary of the application property, and to contiguous homeowners' associations and any neighborhood associations deemed appropriate by the Administrator. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices already required by this title, except when notice of a neighborhood meeting is required of 200 or more property owners or purchasers of record, alternate forms of notice may be provided as deemed appropriate by the Administrator. The neighborhood meeting written notice shall be provided by mail a minimum of 15 business days prior to the scheduled neighborhood meeting.
b. 
The purpose of the neighborhood meeting shall be to review the applicant's proposal.
i. 
Meetings shall be on a Saturday between 10:00 a.m. and 7:00 p.m., or on a weekday between 6:00 p.m. and 8:00 p.m. The meeting shall not be on a holiday, a holiday weekend or the day before or after a holiday or holiday weekend.
ii. 
The meeting shall be held either on the application property, at the nearest public meeting place, or at an office space with suitable meeting facilities if such facilities are within the city of Donnelly.
c. 
The neighborhood meeting shall be conducted prior to the submittal of the application and not more than six months prior to the public hearing.
d. 
Application materials shall include a written verification of the neighborhood meeting, a dated copy of notice provided to affected property owners, and a sign in sheet of those who were in attendance at the meeting.
C. 
Posted Notice. Posting of the property must be in substantial compliance with the following requirements:
1. 
Except as noted within this subsection, any time notice is required under subsection (B) of this section, the land being considered shall be posted not less than 10 days prior to the planning and zoning commission hearing, if a planning and zoning commission exists, and again not less than 10 days prior to the city council hearing. Posting shall be the sole responsibility of the applicant.
2. 
For any property less than one acre in size, one sign shall be posted along each frontage in a location visible to the public. The sign(s) shall be 11 inches by 17 inches on water proofed paper, or other similar material, with lettering sufficient to inform the public with a summary of the proposal to be considered along with the name of the applicant and date, time and place of the public hearing.
3. 
For any property one acre or larger the sign(s) shall consist of four-foot by four-foot plywood or other hard surface mounted on two four-inch by four-inch posts, or equivalent, in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet above the ground. Centered at the top of the four-foot by four-foot sign board(s) in six-inch letters shall be the words, in bold capital letters, "PUBLIC NOTICE." In addition, each sign shall include a summary of the proposal to be considered along with the name of the applicant and date, time and place of the public hearing. Each sign shall have a white background with black letters and shall be two sided.
4. 
For any property one acre or larger the sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right-of-way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s) located therein. In the event that the land being considered includes properties with 500 feet or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If this property includes a corner lot, two signs shall be posted, one on each end of the property roadway frontages.
5. 
For comprehensive plan land use map amendments and/or zoning ordinance map amendments consisting of changes to more than 10 parcels of land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right-of-way. In such cases a minimum of one four-foot by eight-foot plywood sign shall be placed adjacent to any right-of-way.
6. 
The Administrator, upon finding that adequate notice will be provided, may not require all signs to comply with the size and the location requirements.
7. 
Certification. The applicant shall submit a certification to the city clerk no later than seven days prior to the hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled.
8. 
Sign Removal – Penalty. No later than three days after the noticed hearing and any continuation thereof, sign(s) must be removed or be subject to an infraction as specified within DCC § 18.05.100, Violation of this title and penalties.
(Ord. 269, 9/15/2025)

§ 18.05.070 Schedule of fees, charges and expenses.

The council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees may be altered or amended only by the council.
(Ord. 269, 9/15/2025)

§ 18.05.080 Zoning Permits and certificates of occupancy.

A. 
Zoning Permit. Prior to the issuance of a building permit, council approval of a final plat, commencement of any work or use permitted with any application herein a Zoning Permit shall be issued by the Administrator after the applicant has demonstrated in writing that all of the applicable conditions of approval have been satisfied.
B. 
Certificates of Occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, until a certificate of occupancy shall have been approved for issuance by the Administrator and issued by the applicable city department, stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.
C. 
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be approved by the Administrator, for issuance by the applicable city department, for a period not exceeding six months if the Administrator finds that assurances have been given to the city, acceptable by the Administrator, that any safety-related conditions have been satisfactorily completed and any other applicable regulatory conditions will be complied with within the six-month period.
D. 
Failure to obtain the required zoning permit or certificate occupancy, in violation of this title, shall be subject to penalties as specified within DCC § 18.05.100, Violation of this title and penalties.
(Ord. 269, 9/15/2025)

§ 18.05.090 Administrative appeals.

Appeals to the council concerning the Administrator's interpretation or administration of this title shall be submitted within 14 calendar days after the date of the written decision of the Administrator. The appeal shall specify the grounds upon which the appeal is based and shall state the reason(s) why the decision should be overturned by the council. The appeal shall be placed on the agenda of the next available regular meeting of the city council for review.
(Ord. 269, 9/15/2025)

§ 18.05.100 Violation of this title and penalties.

A. 
Complaints Regarding Violations. Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Administrator. The Administrator shall properly record such complaint, investigate and take action thereon as provided by this title. Except as otherwise may be provided for by resolution of the council, the Administrator shall determine the policy for enforcement action of this title.
B. 
Penalties. The city may, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with any provisions of this title and/or resulting conditions of application approval shall constitute a misdemeanor unless specifically stated in this title to be an infraction. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the city council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code.
C. 
Misdemeanor Penalty. Unless specifically designated as an infraction within this title, any person convicted of a violation of any provision of this title, without regard to the form of the judgment, shall be subject to fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code Section 18-113 (as of the adoption of this title such violations are "punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine exceeding one thousand dollars ($1,000), or by both") and Idaho Code Section 50-302, as may from time to time be amended and/or retitled. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess. Each day a sign continues in violation of this section shall be deemed a separate offense.
D. 
Infraction Penalty. Any person convicted of a violation of any chapter or provision of this title when such offense is specifically designated as an infraction within this title, and where no other penalty is set forth therein, shall be subject to penalties permitted in Idaho Code Section 18-113A, as may from time to time be amended and/or retitled (as of the adoption of this title: "Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment."). Penalties for an infraction shall therefore impose upon the violator a fine of $50.00 for the first violation and $200.00 for the second violation. If the violation is not remedied after the second infraction penalty, the violation will be considered a misdemeanor and the violator will be subject to a misdemeanor citation and penalties. Each day the violation continues shall be deemed a separate offense.
E. 
Failure to satisfy judgment as ordered by the court shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code Section 18-113.
F. 
Federally Mandated Programs. When this city is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, the city may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed $1,000, or imprisonment for criminal offenses not to exceed six months or to include both a fine and imprisonment for criminal offenses as set forth in Idaho Code Section 50-302, as may from time to time be amended and/or retitled.
G. 
License. When a person is convicted or found guilty of a violation of any chapter or provision of this title or any ordinance of the city, any license previously issued to him/her by the city, and directly related to the conviction, may be revoked by the court or by the city council.
(Ord. 269, 9/15/2025)

§ 18.05.110 Mediation.

The mediation of land use decisions within the city limits will be governed by the provisions in Idaho Code Section 67-6510 and this title. If mediation occurs after a final decision, any resolution of material differences through mediation must be the subject of another public hearing, consistent with the type of hearing which resulted in the original decision, before the decision-making body. Material differences include:
A. 
A change that may negatively impact any adjoining properties; or
B. 
A change that was the subject of debate or appeal during the initial public hearing process.
The council shall act on the mediation recommendations within 60 days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. The application fee for mediation shall be established by city council resolution.
(Ord. 269, 9/15/2025)

§ 18.05.120 Severability.

Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 269, 9/15/2025)

§ 18.05.130 Definitions.

ACCESSORY USE OR STRUCTURE
A structure subordinate to the principal use on the same lot or premises and serving a purpose customarily incidental to the use of the principal building(s).
A. 
ATTACHED ACCESSORY STRUCTUREAny structure which is not part of the principal structure, but which is located within three feet of, or attached to, the principal structure.
B. 
DETACHED ACCESSORY STRUCTUREAny accessory structure located more than three feet from the principal structure.
C. 
ACCESSORY DWELLING UNITSecondary living unit on a single-family lot. An ADU contains its own kitchen, sleeping area, and bathroom facilities. ADUs can also be attached or detached from the primary residential unit. ADUs are subordinate in size, location, and appearance to the primary dwelling unit. ADUs are commonly referred to as mother-in-law apartments, ECHO homes (elder cottage housing opportunities), guest cottages, caretaker cottages, garden cottages, carriage houses, or rental units. Recreational vehicles shall not be approved as an ADU.
D. 
ACCESSORY STRUCTURES IN A FLOODPLAINAccessory structures must be used for parking or storage, be small and represent a minimal investment by owners, and have low damage potential. FEMA considers size limits based on flood zone, where "small" means not larger than a one-story two-car garage (600 square feet) in flood zones identified as A zones (A, AE, A1-30, AH, and AO). Examples of small accessory structures include, but are not limited to, detached garages, storage and tool sheds, and small boathouses. Accessory structures (located within a special flood hazard area) greater than 600 square feet must have an approved floodplain development permit or floodplain development permit variance prior to the start of construction.
ADDITION (TO AN EXISTING BUILDING)
An extension or increase in the floor area or height of a building or structure.
ADMINISTRATOR
The city of Donnelly Unified Development Code administrator.
ADULT BUSINESS
Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities. Adult businesses must be a minimum distance of one-half mile from any church, school, daycare, and/or any other business or use which is primarily intended for individuals under the age of 18 years old. The distance shall be measured in a direct line from the front door of the adult business to the front door of said business or use.
AFFECTED PERSON
Any person having an interest in real property which may be adversely affected by the issuance or denial of a permit, or other action of the staff, commission, board or council in regard to provisions of this title.
AGRICULTURAL BUILDING
Any building to be used for agricultural purposes, placed on agricultural land of five acres or more, categorized as agricultural by the Valley County assessors' office, which is not intended for human habitation.
AGRICULTURE AND FOREST
The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for parking, treating or storing the produce; provided, however, that:
A. 
The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
B. 
The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial feedlot or stockyard where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
AIRPORT
Any area of land or water which has been set aside, designated, classified and duly established by jurisdictional authorities which may be used for aircraft terminals for people, mail, and freight, airport traffic control and weather stations, aircraft repair, storage and tie down areas, gasoline, jet fuel, oil and other aircraft supplies and parts storage areas, aircraft landing strips, taxiways, clear areas, hangars, offices and such other facilities, buildings or structures necessary therefor.
ALLEY
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
ALTERATION, BUILDING/STRUCTURE
Any change in size, shape, character, occupancy, or use of a building or structure.
AMBULANCE SERVICES
Provision of nonemergency medical care transportation, including incidental storage, maintenance and parking of medical transport vehicles.
ANIMAL SHOWS
Exhibitions of domestic or large animals for a maximum of seven days. This classification includes sales of animals and related merchandise.
ANTENNA
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
APARTMENT
A multifamily residential complex; all units are owned by a single person, group of people, or corporation, and rented or leased to individuals.
APPLICANT
Any owner of land or an authorized representative who files an application in accordance with the requirements of this title.
AREA OF SHALLOW FLOODING
A designated AO, or AH, zone on a community's flood insurance rate map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
See "Special Flood Hazard Area (SFHA)."
ART
That which has form or beauty and which is not intended to display a commercial message, including paintings, photography, sculptures or drawings.
ARTIST STUDIOS
Workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
ARTS AND CRAFTS SHOWS (Outdoor)
Display and sale of painting, sculpture, handicrafts and similar objects.
AUCTION FACILITY
Facilities operated primarily for the sale of new and/or used merchandise by auctioning.
AUTOMOTIVE BODY SHOP
Automobile collision service, repair and painting.
AUTOMOTIVE FUEL ISLANDS
A retail fuel sales facility typically including a small kiosk building covered by a canopy.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES
The sale or rental of new and used motor vehicles, mobile homes, travel trailers and/or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR
The repair, rebuilding or reconditioning of motor vehicles or parts thereof, excluding collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE STORAGE
Storage of parking towaways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles.
AUTOMOTIVE WASHING FACILITY
Facilities for washing, waxing or steam cleaning of automobiles or similar light vehicles.
AUTOMOTIVE WRECKING YARD OR SALVAGE
The dismantling or wrecking of two or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. Any premises, excluding fully enclosed buildings, where more than two motor vehicles not in operating condition are standing more than 30 days, or where used motor vehicles or parts thereof are dismantled or stored.
BANKS/FINANCIAL INSTITUTIONS
Financial institutions that provide retail banking services to individuals and businesses. This classification includes those institutions engaged in the onsite circulation of cash money and businesses offering check cashing facilities.
A. 
With Drive-Up Service: Institutions providing services accessible to persons who remain in their automobiles. Drive-up service is classified separately because it is not appropriate at all locations.
BAR
An establishment for which a license is required by the code where the principal business is the sale and consumption of alcoholic beverages on the premises, but not including bars within restaurants.
BAR, WINE/TASTING ROOM
An establishment for which a license is required by this code where the principal business is devoted to the sale of wine, beer, and cider whereby the product is produced by one or multiple facilities licensed and located in the State of Idaho for the consumption on or off premises. Food may be served; provided that: (1) food items are produced off premises; (2) food items provided for consumption on site are limited to cheese, crackers, charcuterie and similar items made available strictly in conjunction with and ancillary to the wine tasting experience; and (3) the establishment is not a restaurant.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year, previously referred to as the "100-year flood." Designation on maps always includes the letter A or V.
BASE FLOOD ELEVATION (BFE)
A determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.
BASEMENT
Any area of the building having its floor sub-grade (below ground level) all or partly underground.
BEACON
Any light with one or more beams directed at any point not on the same property as the light source; also, any light with one or more beams that rotate or move.
BED AND BREAKFAST FACILITY
A building which has no more than eight sleeping rooms available for rent for short-term (less than 15 days) residential occupancy, and serves through a main entrance.
BEST MANAGEMENT PRACTICES
A. 
The exercise of judgment and care under the circumstances then prevailing, which persons of prudence and discretion exercise in the management of their affairs.
B. 
Best management practices in engineering, planning, or administration to prevent or reduce runoff pollutants.
BIKE PATH
A hard surfaced path which has been created for nonmotorized transportation and is usually physically separate from automobile travel lanes.
BLOCK
A group of lots, tracts or parcels within well-defined boundaries, usually streets.
BOARDING HOUSE, LODGING HOUSE, DORMITORY
A building in which the proprietor resides and which has not more than six rooms available for rent or lease for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms.
BOND
A contract between the applicant and the city in which the applicant guarantees to perform certain requirements of any permit under this title. The contract shall require the applicant to secure performance of the contract by surety, cash, collateral, or other consideration sufficient to assure either performance or reclamation of any act or acts authorized by the permit. This contract includes, but is not limited to, performance, reclamation, contractors, materialman indemnification or other bond assuring the performance of applicant under any permit and the payment of all labor and material in the performance of any work provided to or for the benefit of the applicant under any permit. Any bond would require an A+ Best's rating. In the discretion of the board, the principals of such bond may be required to include the real parties in interest such as officers, directors, shareholders or partners.
BUFFER
For the purposes of this title, includes, but is not limited to, a landscape strip, solid fence, or solid wall designed to lessen the negative impacts one land use may have on another.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING FOOTPRINT
The area of the lot or parcel which is within the perimeter created by a vertical extension to the ground of the exterior walls of all enclosed portions of a building, including attached garages, carports, enclosed decks, bay windows, porches, solariums and similar enclosed extensions, attachments and accessory annexes. Not included in the footprint are unenclosed portions or extensions of buildings, including, but not limited to, unenclosed decks, porches, eaves and roof overhangs.
BUILDING FRONTAGE
The width of a building facing the street to which the building or business is oriented. In the case of corner lots the frontage shall be one of the streets to which the building is oriented, to be determined by the administrator.
BUILDING HEIGHT
See "Height of Building."
BUILDING OFFICIAL
The Valley County building official, or other individual designated by the city council.
BUILDING SITE
An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.
BUILDING SUPPLY OUTLET
A commercial establishment storing and offering for sale building supplies, coal, heavy equipment, feed, grain, and similar goods, for wholesale or retail sale. This use does not include hardware stores.
BULKY RETAIL
Retail sales of bulky items including but not limited to farm equipment, manufactured homes, furniture, appliances, and farm and garden supplies.
BUSINESS
Any retail, or wholesale store, professional office, or similar kind of commercial establishment.
CATERING SERVICE
Preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption.
CEMETERY
Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbaria, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery.
CENTRAL SEWAGE TREATMENT FACILITY
Any plant, lagoon, or system, other than an approved individual modified septic tank, drain field, or pit privy, for receiving, treating and disposing of sewage.
CHANNEL
A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, and which, in the absence of evidence to the contrary, shall be presumed to consist of the area between the boundaries of vegetation on either side of the watercourse.
CHILDCARE FACILITY
Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: (a) the operator's children or legal wards or children related by blood or marriage, (b) occasional personal guests, and (c) children aged 12 years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility. There are three types of childcare facilities:
A. 
FAMILY DAYCARE HOMEA childcare facility for six or fewer children. Babysitting services are an accessory use to residential uses.
B. 
GROUP DAYCARE FACILITYA childcare facility for seven to 12 children.
C. 
DAYCARE CENTERA childcare facility for 13 or more children.
CHRISTMAS TREE SALES
Retail sales of Christmas trees.
CHURCH BUILDINGS OR CHURCH CAMPGROUNDS
Any structure or property which is directly used for exempt purposes and is owned by any church which is qualified as an organization exempt from income tax or operated by a body of religious believers for the purpose of practicing their faith.
CIRCUSES AND CARNIVALS
Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities, which may be conducted outdoors, or in a tent or other temporary structure, for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.
CITY
The city of Donnelly, Idaho.
CLEAN WATER ACT (CWA)
The federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.
CLINIC
A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons or 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 a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; but still not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
CLUSTER DEVELOPMENT
A subdivision or other development planned and constructed so as to group structures or lots into relatively concentrated and contiguous areas while providing a unified network of open space, wooded area, recreational or agricultural land.
COFFEE ROASTING FACILITY
A facility in which unprocessed, green coffee may be sorted, roasted and processed, or packaged for use and consumption.
COMMERCIAL ENTERTAINMENT FACILITIES
Any profitmaking activity which is generally related to the entertainment field such as motion picture theaters, performing arts theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, health/fitness clubs, recreation clubs, arcades, nightclubs, cocktail lounges and similar entertainment activities.
COMMERCIAL USE
Occupancy of a building, structure, or other property which involves any retail sale, wholesale distribution, professional office, entertainment service, recreational area, restaurant, room for rent, hybrid production facility, or any combination of any of these uses with any other use. This definition shall not include churches, public schools, hospitals, public civic centers, or public recreational facilities, or other facilities owned by, or operated strictly for the benefit of, the public.
COMMISSION
The planning and zoning commission of the city of Donnelly, Idaho.
COMMON DRIVEWAY
A driveway serving more than one property as regulated by this title but not a private street.
COMMUNICATION FACILITIES
Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding public service facilities and personal wireless service facilities. This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.
COMMUNITY EVENTS
Community sponsored events such as school sporting events, city events, chamber of commerce events and events for church/religious institutions which have a city approved site within Donnelly.
COMMUNITY HOUSING
Residential units that are occupied by local employees, local retirees, and other long-term community residents as their primary home, that are affordable for low to moderate income households and have restrictions that will preserve their affordability into the future through deed restrictions.
COMMUNITY OR CIVIC EVENT
A public event which is of interest to the community as a whole rather than the promotion of any product, political candidate, religious leader, or commercial goods or services.
COMPREHENSIVE PLAN
Compilation of goals, objectives, maps, and other data guiding the physical, social, and economic development, both public and private, of the country and its environs as defined in the Local Planning Act of 1975, and adopted by resolution of the Donnelly city council.
CONDITIONAL USE
A use or occupancy of land permitted only upon the issuance of a conditional use permit, and subject to the limitations and restrictions specified in such permit in addition to all other applicable regulations and provisions of this title.
CONDOMINIUM
A multifamily dwelling containing two or more dwelling units, or a building other than residential containing two or more units, in which each unit is under single ownership, excluding the ground beneath the unit.
CONSTRUCTION
The erection, fabrication, reconstruction, demolition, conversion, repair of a building, or the installation of equipment therein normally a part of the structure.
CONSTRUCTION ACTIVITY
Activities occurring in furtherance of a construction project, including, but not limited to, land disturbing activities; temporary crushing and screening operations lasting less than 180 calendar days; hauling soil and rock; explosive and abrasive blasting; implosion; handling of building materials; concrete, stone and tile cutting; operation of motorized and nonmotorized machinery; and the operation of motor vehicles on a construction site, a staging area, a parking area, a storage area, or any access routes to the construction site.
CONVENIENCE STORE
Retail sales of food, beverages and small convenience items typically found in establishments with long or late hours of operation.
COPY
Any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which is intended to advertise, identify, or notify.
COUNCIL
The city council of the city of Donnelly, Idaho.
COUNTY
Valley County, Idaho, and/or its representative's staff or assigns.
COUNTY RECORDER
The county recorder of Valley County, Idaho.
COVENANT
A written promise or pledge.
CRITICAL FACILITIES
Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.
CULVERT
A drain that channels water under a bridge, street, road or driveway.
DAIRY FARM
A farm whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn, processing facility or feeding area where animals are kept, raised or fed in a restricted area, and where the milking area is subject to the approval of the Idaho state department of health and welfare.
DATUM
The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).
DECK
An exterior floor system connected to an adjoining residential dwelling where the top of the floor system is less than 30 inches above adjacent grade (e.g., a porch or a patio). A "deck" is not a building or structure subject to the setback requirements of this title.
DEDICATION
The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public upon the acceptance by the city.
DENSITY
The number of residential lots or dwelling units per acre of land.
A. 
GROSS DENSITY The number of dwelling units per acre of total land to be developed, including public right-of-way, private streets, and common area open space; excluding floodway.
B. 
NET DENSITY The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way, private streets, common area open space, and floodway.
DETENTION FACILITIES
Publicly owned and operated facilities providing housing, care, and supervision for persons confined by law.
DEVELOPMENT
Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY
Any activity defined as development which will necessitate a floodplain development permit, such as the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms, and levees.
DEVELOPMENT AGREEMENT
A contract between the applicant and the city to assure performance of the applicant on any permit and for the payment of any fees, or other duties and obligations of the applicant related to the permit.
DEVELOPMENT STANDARDS
The combination of controls which establish regulations for development.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The digital official map of a community, issued by the Federal Insurance Administrator, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
DOUBLE FRONTAGE LOT
See "Double Frontage or Through Lot" under "Lot."
DRAINAGE
Water that runs off the surfaces of a site or development. Synonymous with "runoff" as used herein.
DRAINAGE CHANNEL
A natural channel, ditch, pipe or other conduit for liquid, naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet points and then convey such storm drainage to an outlet point.
DRAINAGE FACILITY
An artificially constructed or naturally occurring drainage channel, or a retention facility, or partial retention facility.
DRAINAGE RECEIVER
A government entity, canal company or special taxing district which maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed and dated public document, to accept a defined quantity of storm drainage from the development. This definition also applies to Ada County highway district, with regard to any runoff from any development to any street. Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless it is formally accepted by a drainage receiver.
DRAINAGEWAY
A drainage channel or drainage ditch.
DRIVEWAY
A nondedicated vehicular access constructed on private property, which is not designated as a private road.
DUPLEX
A two-family dwelling under single ownership containing two dwelling units.
DWELLING, MULTIFAMILY
A dwelling consisting of three or more dwelling units with varying arrangements of entrances and party walls, commonly referred to as apartments. Multifamily housing may include public housing.
DWELLING, SINGLE-FAMILY
A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling consisting of two or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot, commonly referred to as townhouses and/or townhomes.
DWELLING, TWO-FAMILY
A dwelling, consisting of two dwelling units which may be either attached side by side or one above the other, commonly referred to as duplexes. This definition does not include accessory dwelling units.
DWELLING UNIT
Space within a dwelling comprising living, dining, sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
EASEMENT
A grant by a property owner to specific person(s) or to the public to use land for specific purposes. Also, a right acquired by prescription.
ELEVATED BUILDING
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE
The elevation certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information; and it may be used to support a request for a letter of map amendment (LOMA), or letter of map revision based on fill (LOMR-F).
EMERGENCY HEALTHCARE
Facilities providing emergency medical service with no provision for continuing care on an inpatient basis.
EMERGENCY SERVICES
Provision of emergency medical care transportation, fire protection and police protection, including incidental storage and maintenance and parking of emergency and emergency related vehicles.
ENCLOSURE
An area enclosed by solid walls below the BFE/FPE, or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.
ENCROACHMENT
The advance or infringement of uses, fill, excavation, buildings, structures, or development into the special flood hazard area (SFHA), which may impede or alter the flow capacity of the SFHA.
ENGINEER
A professional engineer licensed in the state of Idaho.
ENHANCED SPECIALIZED MOBILE RADIO (ESMR)
Private land mobile radio with telephone services.
ERECTED
Includes built, constructed, reconstructed, moved upon, or any other physical operations on the premises required for building. Excavation, fill, drainage, and the like shall be considered a part of erection.
EROSION
Progressive detachment and removal of particles, including soil and rock fragments, from the earth's surface by means of water, wind, ice, gravity or mechanical processes, including vehicular traffic.
EXISTING CONSTRUCTION
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before April 15, 1977, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, December 17, 2018.
EXISTING STRUCTURES
See "Existing Construction."
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
EXTERIOR LIGHTING
Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Emergency or warning lights outside are considered exterior lighting for the purpose of this title. "Exterior lighting" does not include vehicles.
FACADE
The front or chief face of a building.
FAMILY
One or more persons occupying a single dwelling unit; provided, that all members are related by blood, adoption or marriage.
FARM
Buildings and premises used for the raising and processing of farm products in an agricultural setting by an individual or an association which operates and manages the farm either as owner or tenant, at a site used for a farm residence and associated farm accessory buildings.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The agency with the overall responsibility of administering the National Flood Insurance Program (NFIP).
FEEDLOT OR STOCKYARD
Primarily where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
FEES, IMPACT
The fees authorized by the state of Idaho statutes for those services provided by the county or other local taxing agencies which would otherwise be funded by tax revenues. The fee shall be reasonably related to, but shall not exceed, the actual cost of the service rendered. The fees shall be in cash or other consideration that may be negotiated with an applicant.
FEES, REIMBURSEMENT
Any applicant for any permit involving a planned unit development which is residential or multiuse, subdivision, cluster development, condominium, or any other proposed change in use which significantly alters the characteristics of the existing use shall be required to pay a reimbursement fee to the city for all reasonable administrative and other costs heretofore or hereafter incurred directly or indirectly by the city in processing the application and monitoring the construction, maintenance, and completion of all or part of the permit. These fees may be adopted by resolution.
FINAL PLAT
A map for recording of real estate interests with the county recorder prepared by a registered professional land surveyor and conforming to the requirements of the subdivision, planned unit development or other development. The final map, drawing, and related documents are presented to the city for approval, and which, if approved, will be submitted to the county recorder for recording.
FINISHED FLOOR
The finished floor is the first habitable walking surface referenced in the elevation certificate (FEMA Form 81-31 Sections C2a and C2b) as the top of the next highest floor or the top of a slab on grade floor.
FLAG
Any fabric banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or political subdivision.
FLEX SPACE
Allows for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the structure, shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum of two feet high to discourage tractor trailer use. Examples of uses include, but are not limited to, custom bookbinding, ceramic studios, candle making shops, custom jewelry manufacture, lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of each building used as "flex space" shall be a maximum of 30,000 square feet. Buildings may be comprised of several lease spaces. Hours of operation shall be limited to between 6:00 a.m. to 10:00 p.m.
FLOOD ELEVATION DETERMINATION
See "Base Flood Elevation (BFE)."
FLOOD ELEVATION STUDY
See "Flood Insurance Study (FIS)."
FLOOD FRINGE
The portion of the floodplain outside of the floodway covered by floodwater during the regulatory flood.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry lands from:
A. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters;
2. 
The unusual and rapid accumulation or runoff of surface waters from any source; or
3. 
Mudslides (mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(1) of this definition.
FLOOD PROTECTION ELEVATION (FPE)
The base flood elevation plus the freeboard.
A. 
In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard; and
B. 
In special flood hazard areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
FLOOD PROTECTION SYSTEM
Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD ZONE
A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map (FIRM) that reflects the severity or type of flooding in the area.
FLOODPLAIN ADMINISTRATOR
The individual appointed to administer and enforce the floodplain damage prevention regulations.
FLOODPLAIN DEVELOPMENT PERMIT
Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "Flood or Flooding").
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR AREA
The gross area included within the surrounding exterior walls of a building or portion thereof, including all floor levels, exclusive of vent shafts, courts, attics, or garages or other enclosed automobile parking areas, subject to the following restrictions:
A. 
The unfinished basement of a single- or multiple-family dwelling is not included as floor area; and
B. 
The basement of any other building is included as floor area.
FOOD AND BEVERAGE SALES
Retail sales of food and beverages for off site preparation and consumption. Typical uses include groceries, liquor stores, delicatessens, or bakeries, and exclude convenience stores and catering services.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be two feet.
FREESTANDING TOWER
A tower standing without any external support.
FRONTAGE
The distance along the front lot line.
FUNCTIONALLY DEPENDENT USE
A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.
GARAGE
A building or portion thereof in which a motor vehicle containing flammable or combustible liquid or gas in its tank is or is intended to be stored, repaired, or kept.
GATED COMMUNITY
A residential community served by private streets with restricted access by means of a gate or any other means of access control.
GLARE
Stray, unshielded light striking the eye that may result in:
A. 
Nuisance or annoyance glare, such as light shining into a window;
B. 
Discomfort glare such as bright light causing squinting of the eyes;
C. 
Disabling glare such as bright light reducing the ability of the eyes to see into shadows; or
D. 
Reduction of visual performance.
GOVERNMENT OFFICES
Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
GRAND OPENING
The promotional activity used by a new business or enterprise or for a grand opening for a business or enterprise under new management, to inform the public of their location and contribution to the business community. "Grand opening" does not mean the annual or occasional promotion of services or retail sales by a business.
HARDWARE STORES
Sales of home and commercial building supplies. This use does not include building supply outlets.
HEALTH AUTHORITY
The local district health department or state department of health and welfare that has jurisdictional authority.
HEALTH CARE FACILITY
Intermediate care facilities, community health centers, health maintenance organizations, independent laboratories, public health clinics, and freestanding emergency care centers.
HEALTH CLUBS, SPAS, WEIGHT REDUCTION SALONS
Establishments with equipment for exercise and physical conditioning.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of the peak for gable, hip and gambrel roofs.
HEIGHT OF FENCE
The vertical distance measured from the grade at the base of the fence to the top of the fence.
HEIGHT OF PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS, AND SIMILAR STRUCTURES
The height shall be determined by measuring the vertical distance from the point of contact with the ground to the highest point of the structure, including any vertical projection thereof. When mounted upon other structures, the combined height of the personal wireless facility, spire, pole, antenna, steeple, tower, and/or similar structure, including the height of the structure mounted upon, shall be used to determine height.
HELIPORTS
Pads and facilities enabling takeoffs and landings by helicopters.
HIGHEST ADJACENT GRADE (HAG) FLOODPLAIN
The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information.
HIGHWAY
A street designated as a highway by an appropriate state or federal agency.
HISTORIC PRESERVATION
The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HISTORIC PROPERTY
Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the state, or the nation.
HISTORIC STRUCTURE
A structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
1. 
By an approved state program as determined by the Secretary of the Interior, or
2. 
Directly by the Secretary of the Interior in states without approved programs.
HOLIDAY
A day designated as having special significance for which a government or religious group have deemed that observation is warranted. A holiday is generally an official observance of religious, national, or cultural significance, often accompanied by celebrations or festivities.
HOME AND BUSINESS SERVICES
Provisions of recurrently needed services for business and residential uses. Uses include upholsterers, photocopying and small printshops.
HOME OCCUPATION
A business-related activity conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part.
HORTICULTURE
A. 
GENERAL: The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise, including the storage of nursery equipment and materials and the erection of nursery structures.
B. 
LIMITED: The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise, provided that no nursery equipment or materials shall be stored and no structures erected. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation.
HOSPITAL
An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for 24 hours or more. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. The term "hospital" does not include convalescent, nursing or boarding homes and does not include institutions devoted to the care of the mentally ill or drug or alcohol addicted.
HOTEL
A building which is used for short-term occupancy, offering sleeping accommodations to the public on a nightly basis and access to all sleeping rooms through a main entrance, and which may provide food, entertainment, or various personal services.
HYBRID PRODUCTION FACILITY
A use in a building wherein finished consumer goods are manufactured or produced and those same goods are offered for sale to the general public. Hybrid production facilities must be similar in size, scale and scope of operation to adjacent or nearby uses.
IMPROVEMENTS
Street pavements, paths, bikeways, grading, sedimentation control facilities, revegetation, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street signs, lights, irrigation canals, landscaping, lot corner monuments, and other such items as may be required for compliance with the regulations of this title.
INDIRECT ILLUMINATION
A source of light separate from the sign itself.
INDUSTRY
A. 
CUSTOM: Establishments primarily engaged in on site production of goods by hand manufacturing involving the use of hand tools and small scale equipment.
B. 
LIMITED: Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle making shops, and custom jewelry manufacture.
INDUSTRY, HEAVY
Any manufacturing, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic which may have a detrimental effect on neighboring property.
INDUSTRY, LIGHT
Warehousing, wholesaling, manufacturing, and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself.
INDUSTRY RESEARCH AND DEVELOPMENT
Establishments primarily engaged in the research, development, and production of high technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Examples of uses include, but are not limited to, biotechnology firms, and computer component manufacturers.
INFRASTRUCTURE
The facilities, properties, supports, and utilities which provide services.
INSTITUTION
Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
JUNKYARD
An outdoor space where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including house wrecking yards, used lumber yards and places where such uses are conducted entirely within a completely enclosed building, such as pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL (for hobby, commercial or boarding purposes)
Any lot or premises or portion on which three or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale including privately or publicly owned, operated or managed dog pounds.
KITCHEN
A room or area for storage, preparation, and cooking of food.
LABORATORIES
Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as industry limited.
LAUNDROMAT
Business providing self-service cleaning facilities for clothing and other fabric articles.
LAUNDRY
A. 
WITH NO DRIVE-UP SERVICE: A business which launders and dry cleans clothing and other fabric articles in bulk.
B. 
WITH DRIVE-UP SERVICE: Institutions providing services accessible to persons who remain in their automobiles. Drive-up service is classified separately because it is not appropriate at all locations.
LETTER OF MAP CHANGE (LOMC)
A general term used to refer to the several types of revisions and amendments to FIRMs that can be accomplished by letter. They include letter of map amendment (LOMA), letter of map revision (LOMR), letter of map revision based on fill (LOMR-F), and conditional letter of map revision (CLOMR).
A. 
LETTER OF MAP AMENDMENT (LOMA)An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's or structure's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.
B. 
LETTER OF MAP REVISION (LOMR)FEMA's modification to an effective flood insurance rate map (FIRM) or a flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM), and sometimes the flood insurance study (FIS) report and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.
C. 
LETTER OF MAP REVISION BASED ON FILL (LOMR-F)FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM, FBFM, or FIS report.
D. 
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map (FIRM) or flood insurance study (FIS). Upon submission and approval of certified as-built documentation, a letter of map revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
LEVEE
A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM
A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LIGHT MANUFACTURING
The warehousing, manufacturing, and/or processing of goods and materials which do not emit odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself. Wholesaling is permitted as a light industrial use only if the items are manufactured on site and are not for sale as retail merchandise to the general public.
LIGHT POLLUTION
Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, up-lighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.
LIGHT TRESPASS
Light falling on the property of another or the public right-of-way when it is not required to do so.
LIVE ENTERTAINMENT EVENTS
Temporary concerts and other cultural events lasting less than 14 days or ongoing occasional events such as barn dances, square dances, weddings and receptions; temporary events such as corn mazes, hayrides, retail pumpkin patches and petting zoos lasting less than 60 days per calendar year.
LOADING SPACE, OFF STREET
Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
LOT
A parcel, plot, tract, or other land area of sufficient size to meet minimum zoning requirements for use, coverage and area, and created by subdivision for sale, transfer, or lease, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be required within this code, on an improved public street, or on an approved private street, and may consist of:
A. 
A single lot of record;
B. 
A portion of a lot of record; and
C. 
A combination of complete lots of record, or of portions of lots of record.
LOT AREA
The area of any lot shall be determined exclusive of street, highway, alley, road or rights-of-way of record.
LOT COVERAGE
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the street on a typical interior lot. The Administrator shall determine the frontage for corner lots, through lots, and other lots where frontage is not clearly that of an interior lot.
LOT LINE ADJUSTMENT
A change or modification of lot or parcel lines or boundary lines between existing lots, parcels of land, or properties which does not reduce the area, frontage, width, depth, or building setback lines of each lot, parcel of land, or property below the minimum zoning requirements and which does not create additional lots or new streets.
LOT LINE, FRONT
The property line dividing a lot from a street. On a corner lot, only one street line shall be considered the front lot line, as to be determined by the Administrator, and the main or front entrance to the primary building on the lot should face such lot line. For buildings located on a corner with more than one business within the building, the lot front is the side where the business's street address is listed or as may be determined by the Administrator.
LOT LINE, REAR
The lot line opposite the front lot line.
LOT LINE, SIDE
Any lot line other than the front or rear lot lines.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the County Recorder or a lot described by metes and bounds, the description of which has been so recorded.
LOT SPLIT
A one-time division of an original parcel, as defined herein, into not more than two lots. Such a split shall not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements and shall not create any new streets. If an original parcel has already been divided, subsequent divisions must be processed by the subdivision regulations.
LOT TYPES
A. 
CORNER LOTA lot located at the intersection of two or more streets;
B. 
DOUBLE FRONTAGE OR THROUGH LOTA lot other than a corner lot having frontage on two parallel or approximately parallel streets;
C. 
INTERIOR LOTA lot with only one frontage on a street; and
D. 
REVERSED FRONTAGE LOTA 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.
LOT WIDTH
The distance, parallel to the front lot line, measured between side lot lines half-way between the front and rear property lines, unless otherwise determined by the Administrator.
LOWEST ADJACENT GRADE (LAG)
The lowest point of the ground level next to the structure. Refer to the FEMA elevation certificate for LAG related to building elevation information.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3 and Chapter 18.35 DCC, Flood Damage Prevention.
LUMBER MILL
The site, equipment, and buildings necessary to saw, plane, or mill tree logs into poles, building logs, lumber, dimensional lumber, or similar products.
MAJOR ADDITION
Any extension, having a floor area of 200 square feet or greater, to an existing building. Extensions to dwellings which do not increase the total number of dwelling units shall not be considered as major additions.
MANUFACTURED HOME
A structure, constructed after June 15, 1976, in accordance with the HUD and FHA manufactured home construction and safety standards, and as defined by Idaho Code Section 39-4105, and is 12 body feet or more in width, is 40 body feet or more in length, and is 690 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
MANUFACTURED/MOBILE HOME PARK
Any site or tract of land which has been approved in accordance with the city ordinances for two or more manufactured homes (including mobile homes upgraded per Donnelly City Ord. No. 159 to the HUD safety standard), installed for dwelling units, including any roadway, building, structure, vehicle, recreational facility or enclosure used or intended for use as a part of the facilities of such park.
MASTER PLAN
A comprehensive plan, prepared by the city, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the city and any amendment to such plan or part of such plan separately adopted and any amendment to such plan or part thereof. In the absence of any formally adopted plan, the general policy of the city on the matter in question will govern.
MASTER SIGN PLAN
A plan designed to show the relationship of signs for any cluster of buildings intended for business occupancy, or any single building containing more than one business or any arrangement of business buildings or shops which constitute a visual entity as a whole.
MEAN HIGH WATER MARK
The mark on all watercourses where the presence and action of water is common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, and destroy its value for agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North America Vertical Datum of 1988 – NAVD88) to which base flood elevations (BFEs) shown on a community's FIRM are referenced.
MECHANICAL EQUIPMENT
Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities.
MICROBREWERY
A small brewery, generally producing fewer than 10,000 barrels of lager and ale a year and frequently selling its products on the premises. Also called boutique brewery, brewpub. Sale and consumption of alcoholic beverages is limited to lager, ale, wine, and cider. A microbrewery may include, but is not limited to, the following: tasting rooms, barrel rooms, bottling rooms, tank rooms, laboratories, processing structure, and offices.
MIXED-USE BUILDING
A single structure that combines commercial and residential uses. Such structure shall be multiple story with the main floor consisting of a minimum of 60% commercial use area.
MIXED-USE DEVELOPMENT
The development of land which includes two or more land uses such as residential, commercial, office and/or light industrial, encouraging flexibility and creativity in the development of property in order to improve the combination of land uses and assure that they are properly integrated, and as may otherwise be defined within this title.
MOBILE HOME
A housing unit of one or more sections constructed in a factory prior to June 15, 1976. To be eligible for installation in the city, mobile homes must have been upgraded per the "HUD Safety Standards"/Chapter 25 of Title 44 of the Idaho Code, Mobile Home Rehabilitation.
MOBILE OFFICE
A detached mobile unit not intended for occupancy as a dwelling unit designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detached wheels. Use of mobile office at other than a construction site requires a conditional use permit.
MODULAR HOME
Constructed with standardized units or dimensions for flexibility and variety in use.
MONUMENT
Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in Idaho Code Section 50-1303.
MOTEL
A building or group of buildings which are used for short-term occupancy, offering sleeping accommodations to the public on a nightly basis, which may provide food and entertainment totally within the primary building of the motel.
MUDSLIDE (i.e., MUDFLOW)
Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
MUDSLIDE (i.e., MUDFLOW) AREA MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.
MUDSLIDE (i.e., MUDFLOW) PRONE AREA
An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
MUNICIPAL USE
Use for a public purpose by a governing agency.
MURAL
A painting, other than a business advertising sign, on the outside wall of a building.
MUSEUM
Institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes museums and art galleries.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
The NFIP is a federal program created by Congress to mitigate future flood losses nationwide through sound, community-enforced building, and zoning ordinances and to provide access to affordable, federally backed flood insurance protection for property owners.
NEW CONSTRUCTION, FLOODPLAIN DEVELOPMENT
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 17, 2018, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NO ADVERSE IMPACT IN FLOODPLAIN
Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas.
NONCONFORMING USE
A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated.
NURSERY, PLANT MATERIALS
Land, building or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
NURSING/CONVALESCENT HOME
Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. This classification also includes senior assisted living facilities with provisions for shared kitchen facilities and rooms with private bathrooms.
OCCUPANCY
The purpose for which a parcel of land, building, structure, or part thereof is used or intended to be used.
OFFICE, MEDICAL/DENTAL
Offices of individuals, firms or organizations providing medical/dental services.
OFFICES, BUSINESS AND PROFESSIONAL
Offices of individuals, firms or organizations providing professional, accountant, financial, architect, attorney, chiropractor, optometrist, engineer, surveyor, drafting service, designer and other similar uses. This classification excludes medical/dental offices.
OPEN SPACE/COMMON AREA
A common area substantially open to the sky, exclusive of streets, commercial and residential buildings, designated and intended as a usable and convenient amenity for the occupants of any proposed development. The open space area shall be platted as a separate lot unless an easement is approved by the council. Any landscape strip located adjacent to and within a public right-of-way may be included within the open space requirements. Open space is intended to:
A. 
Provide relief from monotonous building arrangements.
B. 
Conserve or preserve natural, historic and other amenities with social or cultural value.
C. 
Maintain the natural water table level or preserve wetlands.
D. 
Be an amenity to the development. Amenities may include, but are not limited to: parks, play yards, playgrounds, beaches, waterways, ski hills, tennis courts, swimming pools, natural vegetation, gardens, wooded areas, developed recreation areas, ponds, buffering berms, etc.
OPEN SPACE/COMMON AREA, ACTIVE
Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to 15% of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like.
OPEN SPACE, PASSIVE
Common area which includes, but is not limited to, landscaped buffer areas, natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas.
ORIGINAL PARCEL OR LOT
Any lot or parcel, held in single ownership, which was created prior to January 1, 1985.
OWNER
The individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient ownership or contractual interest in the land to commence and maintain proceedings under this title, or their agent.
PAD MOUNTED MECHANICALS
All mechanical and electrical equipment mounted on the ground, including, but not limited to, transformers, compressors, generators, and other equipment to establish a controlled interior environment. All pad mounted mechanicals shall be screened from view.
PARAPET OR PARAPET WALL
That portion of a building wall that rises above the roof level.
PARCEL
Any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.
PARK AND RECREATION FACILITIES
Noncommercial parks, playgrounds, recreation facilities and open spaces.
PARKING LOT, PARKING GARAGE
Parking lots or garages offering short-term or long-term parking.
PARKING LOT, PARKING GARAGE, COMMERCIAL
Parking lots or garages offering short-term or long-term parking to the public for a fee.
PARKING SPACE, OFF-STREET
An off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PARTIAL RETENTION FACILITY
A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata, and to allow not more than an amount as designated by agreement with an adjacent drainage receiver to pass into an adjacent drainageway or drainage facility.
PARTIAL RIGHT-OF-WAY
A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
PAWNSHOPS
A. 
GENERAL: Establishments licensed by this code and engaged in the buying or selling of new or secondhand merchandise, including minimal numbers of used autos, and offering loans secured by personal property.
B. 
AUTO (EXCLUSIVE): Auto pawnshops are those businesses dealing exclusively in offering loans secured by automobiles, trucks, motorcycles, recreational vehicles, travel trailers and similar vehicles, the storage of which requires one or more large parking areas. An auto pawn dealer may sell unredeemed pawned vehicles; however, the auto pawn classification does not include the sale of new vehicles unless auto pawn business is in conjunction with and on the premises of a new vehicle dealership.
PENNANT
Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
PERFORMANCE BOND OR SURETY BOND
A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements, according to plans and specifications within the time prescribed by the agreement.
PERMIT
An official document or certificate authorizing performance of a specified activity.
PERMITTED USE
Any use which is allowed as defined by this title and is not a prohibited use or requires approval of a conditional use permit.
PERSONAL IMPROVEMENT
Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, riding academies, business and trade schools, and diet centers, reducing salons, and fitness studios.
PERSONAL SERVICES
Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, photographic studios and similar activities.
PERSONAL WIRELESS FACILITIES
Facilities necessary for the provision of personal wireless services (i.e., towers, support buildings, etc.).
PERSONAL WIRELESS SERVICES
Commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
PLANNED UNIT DEVELOPMENT
A project controlled by one owner, partnership, or corporation, and characterized by a unified site design which may include multiple uses, involving varying the normal zoning requirements and restrictions so that the maximum long-range benefit can be gained and the unique features of the site preserved and enhanced.
PLAT
A plan of certain described land prepared in accordance with subdivision or other regulations as an instrument for recording real estate interests with the county recorder.
PORTABLE CLASSROOM
A detached mobile unit not intended for occupancy as a dwelling unit designed to be transported after fabrication on its own wheels, flatbed trailer or detached wheels. Use is only for classroom space associated with an approved school building. Portable classrooms shall comply with the performance standards for an accessory building as specified in this title.
POST-FIRM
Construction or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map (FIRM) or after April 15, 1977.
PRE-FIRM
Construction or other development for which the "start of construction" occurred before April 15, 1977, the effective date of the initial flood insurance rate map (FIRM).
PREDEVELOPMENT RUNOFF
The runoff quantity that would have been produced during the design storm from the site in its original native soil condition, prior to any construction of buildings or of modified surfaces.
PRINCIPAL BUILDING
The building in which is conducted the primary use on the property.
PRINT
Any copy of an original, which reproduces exactly the original drawing from which it is made.
PUBLIC SERVICE FACILITY
A public facility established for the protection and welfare of the city including but not limited to a police station, fire station, ambulance center but excluding sewer treatment facilities.
PUBLIC USE
A use for a public purpose by a city, school district, county, state, or any other public agency or a public utility.
PUBLIC USES
Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
PUBLIC UTILITY FACILITY
A structure or facility including poles or towers used by a public utility. Public utilities include, but are not limited to, gas, electric, or telephone companies. Facilities for wireless communications are not included, and are specifically regulated by this title.
QUASI-PUBLIC USE
Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
REASONABLY SAFE FROM FLOODING
Base floodwaters will not inundate the land or damage structures to be removed from the area of special flood hazard in areas previously included in base flood delineations on the current flood insurance rate map, which shall be certified as reasonably safe from flooding by an applicant's registered professional engineer according to the criteria in FEMA Technical Bulletin 10-01.
RECORD GRADE
The natural grade existing prior to any site preparation, grading, or filling, unless a new record grade is approved at the time of subdivision approval and noted on the filed final plat.
RECREATION BUSINESS
Recreation or athletic activities or facilities open to the general public where fees are charged or duties are required for the use of the facility.
RECREATIONAL CABIN PARK
A recreational cabin park is a tract of land that includes cabins, casitas, and/or other temporary living quarters, ranging from 400 square feet to 1,000 square feet, not to exceed 1,000 square feet, designed and operated for leisure, vacation, or temporary recreational purposes. Use as permanent living quarters is prohibited. These parks are to offer facilities for a variety of non-permanent guests, providing cabins, casitas or similar recreational structures as temporary living quarters instead of recreational vehicles. The number of units permitted shall be as determined by the city council as a part of the conditional use permit and the units shall not be considered dwelling units for density calculations.
RECREATIONAL VEHICLE
A vehicle that is:
A. 
Built on a single chassis; and
B. 
Four hundred square feet or less when measured at the largest horizontal projection; and
C. 
Designed to be self-propelled or permanently towed by a light duty truck; and
D. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
This includes tiny homes and tiny manufactured homes which are 400 square feet or less.
RECREATIONAL VEHICLE PARK
A parcel of land which has been planned and improved or which is let, rented, or used for the placement of two or more transient recreational vehicles for dwelling purposes. The number of recreational vehicles permitted shall be as determined by the city council as a part of the conditional use permit and the units shall not be considered dwelling units for density calculations. This does not include the recreational use of the parcel by friends and family of the property owner/lessee on a temporary basis.
REGULATORY FLOODWAY
See "Floodway."
REIMBURSEMENT FEES
See "Fees, Reimbursement."
REMEDY OF VIOLATION – FLOODPLAIN
To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS STRUCTURE
An NFIP-insured structure that has had at least two paid flood losses of more than $1,000 each in any 10-year period since 1977.
RESEARCH ACTIVITIES
Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RESEARCH AND DEVELOPMENT
Specialized nonpolluting activities with emphasis on investigation, experimentation, testing, engineering, inventing, and conceptually designing prototypes and new technologies or associated light manufacturing. These technologies may include electronics, computer and data systems, medical and precision instruments, machine components, communication systems and equipment, and other technological instruments, equipment, and systems.
RESERVE STRIP
A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening.
RESTAURANT
Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room.
RESTAURANT, DRIVE-IN
A restaurant which primarily serves patrons in vehicles parked outside the principal building. Patrons are served at the vehicle and these facilities typically have no indoor seating. This use does not include restaurants with drive-up window service.
RESTAURANT WITH DRIVE-THROUGH
A restaurant, typically with indoor seating, which includes drive-up window service for ordering food to go.
RESTRICTIVE COVENANTS
A private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded.
RETAIL SALES
The retail sale of merchandise not specifically listed under another use classification.
RETAILER
Unless otherwise specifically defined, this term shall be understood to relate to the sale of goods, merchandise, articles, or things in small quantities direct to consumer.
RETENTION FACILITY
A constructed basin or constructed underground storage vessel built to retain all of the storm drainage it receives until it is absorbed into the soil strata.
RIDING ACADEMIES/STABLES
Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas, and facilities for the care and exercise of horses and related equestrian activities.
RIGHT-OF-WAY
A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas.
RIPARIAN SETBACK
The distance measured at right angles from the mean high-water mark of a waterway, between the mean high-water mark and an imaginary line parallel to the mean high-water mark, defining an area between such lines within which no building or other applicable structure may be placed, and whereby any existing vegetation shall remain undisturbed.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
ROADSIDE STAND
A temporary structure designed or used for the display or sale of agricultural and related products, the majority of which have been grown on adjacent land.
ROADWAY
That portion of a public street improved, designed or ordinarily used for vehicular traffic, exclusive of a sidewalk, berm or shoulder even though such a sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles.
ROOF MOUNTED MECHANICALS
All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment.
RUNWAY
Any existing or planned surface of an airport which is specifically designed and used or planned to be used for the landing and/or taking off of an aircraft.
SCHOOLS, PUBLIC OR PRIVATE
Educational institutions having a curriculum comparable to that required in the public schools of the state of Idaho.
SEAT
For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated on each 24 linear inches of benches, pews or space for loose chairs. A row of benches, pews or loose chairs for every five feet of seating area shall be considered for determining total possible number of rows.
SELF STORAGE, MINI STORAGE
An arrangement of individual, secured storage spaces – often compartmentalized units within one or more buildings – available for rent or lease to customers for personal or business goods, which are accessed individually and not used as a residence or for illegal purposes. May include vehicle storage to a maximum of 30% of the site. Where greater than 30% of the site is allocated to vehicle storage, the vehicle storage must be treated as a separate use. Any portion of a self-storage/mini-storage building that faces a street or property line shall be prohibited from utilizing metal siding and shall utilize materials, to be determined by the city council, that do not portray the stark utilitarian look of metal siding. This definition does not apply to a structure subordinate to the principal use on the same lot or premises and serving a purpose customarily incidental to the use of the principal building(s), as defined herein as "Accessory Use or Structure."
SEMI-PUBLIC USE
Public and/or private colleges, hospitals, safe houses, learning centers, and other facilities of an educational, charitable, philanthropic, or nonprofit nature.
SEPTAGE RECEIVING STATION
A facility that accepts and pre-treats "septage" – waste material from septic tanks – before it is introduced into a wastewater treatment plant or other regulated disposal method. These stations screen out solids and debris, often dewater them, and can remove grease and grit to reduce the burden on treatment systems, protect equipment, and ensure safe and environmentally sound disposal of the waste. Septage receiving station facilities shall take direct access from Roseberry Road or Highway 55.
SETBACK LINE
A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground except as may be provided within this title.
SEWER TREATMENT FACILITY
A sewer/wastewater treatment facility that treats domestic and industrial wastewater to remove pollutants and contaminants, making it safe for release into the environment or reuse. These plants use various physical, biological, and chemical processes to break down organic materials, remove solids, and neutralize harmful substances, ultimately protecting public health and the environment from water pollution. Sewer treatment facilities shall take direct access from Roseberry Road or Highway 55.
SHALL
Means mandatory.
SHOPPING CENTER
A group of commercial establishments, planned, developed, owned and/or managed as a unit related in location, size and type of shops to the trade area the unit serves. Shopping centers shall provide services for a neighborhood or for the community. Neighborhood centers will typically be comprised of between 30,000 to 100,000 square feet of gross leasable floor area and community centers will typically be comprised of between 100,000 to 450,000 square feet of gross leasable floor area.
SHOPPING MALL
A regional shopping facility comprised of many separate shops typically with two or more major anchors (usually full line department stores) with shops/major anchors accessed mostly by indoor halls/walking areas. Outdoor access may be provided for open air shopping malls. A shopping mall shall provide services for a regional area, as well as the community, and will typically be comprised of between 450,000 to 850,000 square feet of gross leasable floor area.
SHORT-TERM OCCUPANCY
The rental of any unit or structure or portion thereof for a period of not more than 30 days.
SHORT-TERM RENTAL MARKETPLACE
A person that provides a platform through which a lodging operator, or the authorized agent of the lodging operator, offers a short-term rental or vacation rental to a prospective lessee.
SHORT-TERM RENTAL OR VACATION RENTAL
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 less than 30 days. "Short-term rental" or "vacation rental" does not include a unit that is used for any retail, restaurant, banquet space, event center, hotel/motel type lodging, or another similar use.
SIDEWALK
A hard surfaced pathway for nonmotorized vehicles, normally designated for pedestrians, which is within the public right-of-way and is usually separate from motorized vehicle travel lanes.
SIGN
Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of "sign" shall also include the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of others.
SIGN HEIGHT
The vertical distance measured from the "grade" to the highest point of a sign or any vertical projection thereof. Architectural elements used above any sign area may be excluded from the maximum height measurement if the city determines that said architectural elements add to the character of the sign and do not create an overbearing appearance in relation to the sign, building and area. The "grade" shall be the elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or top of curb if one exists, adjacent to where the sign is to be placed, or the relative ground level in the immediate vicinity of the sign if determined by the zoning administrator to be an accurate determination for grade with regard to the intent of this title.
SIGN ILLUMINATION
A. 
EXTERNAL: A sign that is illuminated by an artificial light source that is not contained within the sign itself.
B. 
HALO: Illumination of a sign from a light source that is not visible and is concealed or contained within the sign or located between the sign and the structure/wall. Illumination from the source of the light becomes visible in darkness when the light is reflected off of the wall/structure upon which the sign is attached.
C. 
INTERNAL: Illumination of a sign from any light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface, except for illumination, punch through letter signs. This includes characters, letters, figures, designs or outline which is illuminated by gas filled luminous tubes, such as neon, argon or fluorescent.
D. 
PUNCH THROUGH LETTERS: A sign with letters, logos or other sign graphics that are opaque (no light is permitted to shine through them), that are attached to a sign cabinet or structure that allows light to shine through it. The distance between the letters, logos, or other sign graphics and the background (surface of the cabinet or structure) is a maximum of one-half inch. The light source is concealed within the cabinet or structure and is not visible except that illumination from the light source shines though transparent (nonopaque) background material for no more than one-fourth inch around the letters, logo, and other graphics, creating a halo effect.
SIGN OF HISTORIC SIGNIFICANCE
Any sign determined by the council to be of historic significance related to its connection to historical events, persons, and periods, as well as its artistic and architectural value. Unlike a modern sign, a sign of historic significance provides a tangible link to Donnelly's past and offers a unique glimpse into the culture, commerce, and design of its era.
SIGN TYPES
A. 
ABANDONED SIGNA sign which no longer advertises a bona fide business, lessor, owner, product or activity.
B. 
ANIMATED SIGNAny sign which is designed and constructed to give its message through a sequence or progressive changes or parts or lights or degree of lighting, such as an electronic reader board. (Also see "Illuminated Sign.")
C. 
AUTOMATED SIGNA sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of a series of light emitting elements or moving panels or parts; including, but not limited to: tri-paneled, digital, electronic message boards, light emitting diodes (LED) signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed.
D. 
BANNER SIGNAny sign made of lightweight fabric, plastic, or similar material. Governmental flags or emblems shall not be considered banner signs.
E. 
BENCH SIGNSAny outdoor furniture with commercial signage.
F. 
CABINET SIGN (SCULPTED)A sign consisting of a translucent or non-translucent panel containing sign copy which is affixed to a cabinet that is sculpted to form a non-square or nonrectangular decorative shape which provides interest to the sign, such as the shape of a logo, the shape of letters, or combination thereof.
G. 
CABINET SIGN (STANDARD)A sign consisting of one or more translucent or non-translucent panels containing sign copy, which are interchangeable and which are affixed to a box or cabinet that is generally square or rectangular in shape.
H. 
CONSTRUCTION SIGNAn informational sign which identifies the architect, engineer. contractor, banking institution, or other individual or firms involved with the construction of a building, or announcing the character of the building or enterprise.
I. 
DIRECTIONAL SIGN (OFF PREMISES)See definitions of "Portable Off Premises Directional Sign" and "Subdivision Directional Sign (Off Premises)."
J. 
DIRECTIONAL SIGN (ON PREMISES)An on premises permanent directional sign which foremost contains words such as "Entrance," "Enter," "Exit," "In," "Out," or other similar words, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately.
K. 
DRIVE-THROUGH/DRIVE-UP SERVICE MENU BOARD SIGNA sign identifying products for sale and prices for those products. The menu board sign may include business identification.
L. 
ELECTRONIC MESSAGE SIGNA permanent sign which changes copy electronically more than once per day using switches and electric lamps. (Also see "Animated Sign.")
M. 
FEATHER FLAG SIGNA durable and lightweight fabric that flows easily in the wind, and is attached to an aluminum pole. The pole can either be inserted into the ground or can be connected to a solid, spring or spinning base.
N. 
FREE-HANGING SIGNBOARDA sign attached underneath a canopy, awning or colonnade.
O. 
FREESTANDING SIGNA single or multiple-faced sign, supported from the ground by one or more columns, uprights or braces.
P. 
HOLIDAY SEASON SIGNSigns advertising a holiday.
Q. 
INFLATABLE SIGNS OR DISPLAYSAny inflatable object used for promotional or sign purposes.
R. 
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light. (Also see "Animated Sign.")
S. 
LIGHTING DEVICE SIGNAny light, string of lights or group of lights located or arranged so as to cast illumination on the sign.
T. 
MONUMENT SIGNA freestanding sign with a solid base, including rock signs, or with supports that are designed to be structurally similar to the sign construction, and which incorporate architectural features which complement the sign construction. Pole type supports are not permitted for monument signs, unless enclosed within the monument sign structure.
U. 
NEON SIGNAny sign or portion of a building illuminated or outlined by tubes using electrically stimulated neon or other gas.
V. 
NONCONFORMING SIGNAny sign which does not comply with the provisions of this code.
W. 
OFF PREMISES SIGNAny sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
X. 
ON PREMISES SIGNAny sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
Y. 
PENNANT SIGNAny lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, whether in series or not, designed to move in the wind and therefore considered a moving sign.
Z. 
POLE SIGNA freestanding sign that is supported by one or more poles that are not enclosed as in a monument sign structure.
AA. 
PORTABLE OFF PREMISES DIRECTIONAL SIGNOff premises portable signs providing directional information for businesses.
BB. 
PORTABLE ON PREMISES ADVERTISING SIGNSPortable on premises signs for advertising which can be used on a permanent basis and which are intended to allow for business identification and any other advertising being promoted by the business or enterprise.
CC. 
PORTABLE SIGNAny sign not designed to be permanently attached to a building or anchored to the ground such as A-frame signs, yard signs (rigid), banner signs, feather flag signs and sandwich board signs.
DD. 
PROJECTING SIGNAny sign which projects more than nine inches from the exterior of a building.
EE. 
READER BOARDA sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time.
FF. 
REAL ESTATE SIGNA sign advertising the sale, rental or lease of the premises upon which the sign is placed, not including a subdivision sign.
GG. 
ROOF SIGNA sign that is erected on or above the roof of a building and which derives its principal support from the roof or from columns or supports extending through the roof. The definition includes a sign affixed to any structure erected upon a roof, including a structure housing building equipment and includes a sign erected on top of a canopy, deck, patio, or similar structure.
HH. 
STREETLIGHT SIGNA permanent or temporary sign supported by sign brackets which are attached to a streetlight pole.
II. 
SUBDIVISION DIRECTIONAL SIGN (OFF PREMISES)A temporary off premises sign used to advertise homes or buildings under construction or property for sale in a subdivision which is to be, or is being, developed pursuant to an approved subdivision final plat application before the city, or county if annexed into the city.
JJ. 
SUBDIVISION SIGNA permanent on premises sign used to identify a subdivision.
KK. 
TEMPORARY SIGNA nonpermanent sign intended for use for a limited period of time, as regulated within this title.
LL. 
VEHICLE SIGNSigns mounted on the roof or antenna of automobiles, with the exception of student driver and auto transportation services, or those placed or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is licensed, registered and used as a vehicle in the normal day-to-day operations of the business the sign is advertising.
MM. 
WALL SIGN (FLAT)A sign attached to or erected against the wall of a building or structure with the face of the sign parallel to the plane of said wall, and not extending over 12 inches from the wall of the building or structure.
NN. 
WALL SIGN (PERPENDICULAR)A sign attached to or erected against the wall of a building or structure with the face(s) of the sign perpendicular to the plane of said wall.
OO. 
WIND SIGNAny pennant, propeller, or similar device which is designed to flutter, rotate, whirl, or display other movement under the influence of the wind.
PP. 
WINDOW SIGNAll signs located inside and affixed to, painted on or within three feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise located within three feet of the window.
QQ. 
YARD SIGN (NONRIGID) Yard signs may be referred to as "lawn signs." Nonrigid yard/lawn signs are not stable and typically are susceptible to being blown over by wind and oftentimes do not remain vertical. Common types of nonrigid yard/lawn signs are corrugated plastic, fold over cardboard, and poster type which are attached to a light metal stand with less than one-fourth inch thickness, or lattice type wood stakes, which are inserted into the ground. The metal stands are usually an "H" or "I" type. The "H" type stand is shaped like an "H" and two of the prongs insert into the sign, or the sign is attached to the two, and the other two prongs are inserted into the ground. The single or double crossbar between the two prongs adds minimal strength and makes the entire stand one single unit. The "I" type stand is essentially an "H" stand without a crossbar linking the prongs.
RR. 
YARD SIGN (RIGID)Yard signs may be referred to as "lawn signs." Rigid yard/lawn signs are stable and are not susceptible to being blown over by wind. Rigid yard/lawn signs are made of a solid metal frame with a metal thickness of one-fourth inch or more, or they are made of metal one-half inch by one-half inch angle iron, both of which include solid metal legs for insertion into the ground. The metal frame includes an attached metal or hard plastic sign face.
SITE PLAN
An engineering or architectural drawing of existing and planned conditions to facilitate review and approval of an application before the commission and to guide construction of improvements.
SKY-GLOW
The overhead glow from light emitted sideways and upwards. Sky-glow is caused by the reflection and scattering of light by dust, water vapor, and other particles suspended in the atmosphere. Sky-glow reduces one's ability to view the night sky.
SLOPE
An incline from the horizontal plane which may be expressed as "percent slope," "slope ratio" or "gradient." A 15% slope is equal to a 15-foot rise within a 100-foot horizontal distance.
SOLAR ACCESS
An exposure to sunlight and solar radiation upon land or a building.
SOLAR ENERGY SYSTEM
Any device, structure, or mechanism which uses solar radiation as an energy source for heating, cooling, or electrical energy.
A. 
ACTIVE: An indirect thermal system in which solar heat is collected and stored in devices separated from the building space to be conditioned using conventional energy systems (fans, pumps, etc.).
B. 
PASSIVE: The collection and storage of solar radiation for heating or cooling by nonmechanical means: A system that employs aspects of both active and passive designs.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
SPECIALIZED MOBILE RADIO (SMR)
A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. Used primarily for data, delivery vans, truckers, or taxis within a small, definable geographic area.
STAFF
Personnel employed or contracted by the city of Donnelly to administer this title.
STANDARD SPECIFICATIONS
The specifications as specified in this title or as officially adopted by the city.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 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 a basement, footings, piers, or foundations 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE
The state of Idaho.
STATE HIGHWAY
Any highway that is owned and maintained by the state of Idaho.
STOCKYARD, SLAUGHTERHOUSE, MEATPACKING
An establishment maintained for the use of slaughtering or maintaining stock or preparing or processing of products for human consumption in order to prepare for sale to outlets.
STORAGE
The safekeeping of personal property in any structure or in a secured outdoor area.
STORAGE VESSEL
An earthen basin or tank or vault structure employed to store liquid. Earthen basins used to store storm drainage may be filled with porous media (usually gravel) to attain structural stability, in which case the volume of available storage is taken as the volume of the interstitial voids of the porous media.
STORM DRAINAGE
The water running off the surfaces of a site as a result of precipitation on the site (including rain, hail meltwater and snow meltwater).
STORY
That part of a building between the surface of a floor and the ceiling immediately above it.
STREAM ALTERATION
To obstruct, diminish, destroy, alter, modify, relocate, or change the existing shape of the natural channel within or below the mean high-water mark. It includes removal of material or structures in the stream channel.
STREET, ARTERIAL
A street designated for the purpose of moving traffic from one part of the community and area to another. Arterial streets are designed for the purpose of carrying fast and/or heavy traffic.
STREET, COLLECTOR
A street designated for the purpose of moving traffic from minor streets to other collector streets and/or arterial streets.
STREET, CUL-DE-SAC
A street connected to another street at one end only and provided with a turnaround space at its terminus.
STREET, DEAD END
A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
STREET FAIR
Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures for a maximum period of seven days. This classification includes block parties.
STREET, FRONTAGE
A street, parallel to or adjacent to an arterial street, to provide access to abutting properties and limited access to the arterial.
STREET, LOCAL
A street which has the primary purpose of providing access to abutting properties.
STREET, LOOP
A minor street in which both terminal points are on the same street of origin.
STREET (OR ROAD), PRIVATE
A right-of-way which provides vehicular and pedestrian access to adjacent properties under separate ownership, and which is not dedicated to or officially accepted by a public entity, but not including a common driveway as defined by this title.
STREET(OR ROAD), PUBLIC
A 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," "lane," "place" or 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. For the purposes of the Flood Damage Prevention chapter of this title, the definition shall include gas or liquid storage tanks that are located principally above ground.
STRUCTURE, PRINCIPAL
The main building containing the permitted use on the property. For example, within any residential district, the principal structure is that which contains the dwelling unit. All other structures are considered to be accessory.
SUBDIVIDER
The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this title.
SUBDIVISION
Any division of land or real property into two or more parts and as further defined by this title.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a building whereby the cost of restoring the structure to its before damaged condition would equal or exceed 40% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 20% of the market value of the structure before the damage occurred. See definition of "Substantial Improvement."
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 40% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved pursuant to this chapter.
SURVEYOR
A professional land surveyor licensed in the state of Idaho.
TANK
TANKAny vessel containing more than 60 gallons (227 L) of Class II liquids, Class III-A liquids, or Class III-B liquids as defined herein as "combustible liquid" (e.g., diesel). Aboveground combustible liquids do not include LPG (propane). The use of any aboveground combustible liquid tank is prohibited except where listed as a conditional and/or accessory use. Home heating fuel for personal use is exempt from this definition.
TANKA liquid having a closed cup flash point below 100 degrees Fahrenheit (37.9 degrees Celsius). The category of flammable liquids does not include compressed gases or cryogenic fluids. Flammable liquids are further categorized into a group known as Class I liquids. The Class I category is subdivided as follows:
1.
TANKInclude those having a flash point below 73 degrees Fahrenheit (22.9 degrees Celsius) and having a boiling point below 100 degrees Fahrenheit (37.8 degrees Celsius).
2.
TANKInclude those having a flash point below 73 degrees Fahrenheit (22.8 degrees Celsius) and having a boiling point at or above 100 degrees Fahrenheit (37.8 degrees Celsius).
3.
TANKInclude those having a flash point at or above 73 degrees Fahrenheit (22.8 degrees Celsius) and below 100 degrees Fahrenheit (37.8 degrees Celsius).
TANKAny liquid having closed cup flash points at or above 100 degrees Fahrenheit (37.8 degrees Celsius) and below 140 degrees Fahrenheit (60 degrees Celsius). Class III-A liquids are those having closed cup flash points at or above 140 degrees Fahrenheit (60 degrees Celsius) and below 200 degrees Fahrenheit (93.3 degrees Celsius). Class III-B liquids are those liquids having closed cup flash points at or above 200 degrees Fahrenheit (93.3 degrees Celsius).
TANKA liquid having a flash point at or above 100 degrees Fahrenheit (37.8 degrees Celsius). Combustible liquids are subdivided as follows: the category of combustible liquids does not include compressed gases or cryogenic fluids.
TANKSee "Aboveground Combustible Liquid Tank(s)." Prohibited except where listed as a conditional and/or accessory use.
TANKA material which is composed predominantly of the following hydrocarbons or mixtures of them: propane, propylene, butane (normal butane or isobutene) and butylenes.
TANKA vessel containing more than 60 gallons (227 L).
TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS
A commercial land use where the marking or coloring of the skin is performed by pricking in coloring matter or by producing scars, and/or piercing of the body which is conducted in exchange for financial or other valuable consideration. It does not include tattooing when applied by a licensed dermatologist on premises licensed as a dermatological office.
TECHNICAL BULLETINS AND TECHNICAL FACT SHEETS – FLOODPLAIN
A. 
FEMA publications that provide guidance concerning the building performance standards of the NFIP, which are contained in 44 CFR 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations. Rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
B. 
It should be noted that technical bulletins and technical fact sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must also be met for any building in a flood hazard area.
TELECOMMUNICATION FACILITIES
All wires, cables, equipment, apparatus or other installations necessary to furnish service, by which there is accomplished, or may be accomplished, the sending or receiving of information, data, message writing signs, signals, pictures, and sounds of all kinds, by aid of such wires, cables, equipment, apparatus or other installations, but shall not include the habitable structure in which such telecommunications facilities are housed.
TEMPORARY STRUCTURE
Any building, modular unit, or other structure that is intended for any use for a period of not more than one year, excluding construction trailers or other structures erected solely in conjunction with a construction project.
TEMPORARY USE
Any use not more than 30 days in duration and related to a specific project or occasion.
TOWER
Any ground or roof mounted pole, spire, similar structure, or combination thereof, with a "height," as defined in this section, in excess of 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWNHOUSE
A dwelling unit in an attached single-family dwelling building which is owned together with the ground under the unit.
TRACT
Any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.
TRADE FAIRS
Display and sale of goods or equipment related to a specific trade or industry for a maximum period of 14 days.
TRAVEL SERVICES
Establishments providing travel information and travel reservations to individuals and businesses. This classification excludes car rental agencies, and reservation services that do not make travel arrangements as a primary function of their operation.
TRELLIS
A light construction of lattice work no more than eight feet in height. Said lattice work shall be of open design.
TRUCK STOP
A facility designed to accommodate semi-trucks that provides fuel and related convenience retail and food services to the traveling public.
UNNUMBERED "A ZONE"
An area shown on the Flood Insurance Rate Map (FIRM) as an "A zone" in which base flood depths and a clearly defined channel are not shown.
USE
The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
UTILITIES
Installations for conducting water, sewage, gas, electricity, television, storm water and similar facilities providing service to and used by the public.
VARIANCE
A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest.
VEHICLE
Any motorized device designed for the purpose of carrying or conveying persons or materials. For the purpose of this title those devices directly powered by human action, such as a bicycle, shall not be considered vehicles.
VETERINARY ANIMAL HOSPITAL OR CLINIC
A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP
A drawing which sets forth by dimensions or other means the relationship of the proposed developments 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.
VIOLATION, FLOODPLAIN
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WAREHOUSING DISTRIBUTION AND STORAGE
Facilities for wholesaling, distribution and storage. Excluding mini-storage, self-storage and vehicle storage.
WATER SURFACE ELEVATION
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE
A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.
WETLANDS
Those areas that are within the definition of "wetlands" as defined by the Environmental Protection Agency and within the jurisdiction of the Corps of Engineers.
WHOLESALING DISTRIBUTION AND STORAGE
Unless otherwise specifically defined, such terms shall be understood to relate to a facility for the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
WIND TURBINE, COMMERCIAL
A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height exceeds 150 feet or the nameplate capacity exceeds 100 kilowatts. Such wind turbine includes the turbine, blade, tower, base, and pad transformer, if any.
WIND TURBINE, HOBBYIST
A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is less than 50 feet and a prop diameter of 12 feet or less.
WIND TURBINE, PERSONAL
A wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is between 50 feet and 150 feet and the nameplate is less than 100 kilowatts.
WINERY
An establishment for the manufacture or bottling of wine. A winery may include, but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, sale of wine, processing structure, and offices.
WINETASTING ESTABLISHMENT
A structure or building wherein the tasting, sampling, display and/or sales of wine and/or beer takes place.
WIRELESS COMMUNICATION FACILITY (WCF)
Those facilities that are nonpersonal wireless service facilities (PWSFs), by definition of the Telecommunications Act of 1996, but that are also subject to this title due to their height above ground level. Any antenna, including mount and/or equipment support structure over 35 feet above ground level, that is not a PWSF shall be considered a WCF and regulated by this chapter.
WOOD PROCESSING PLANT
The site, equipment, and buildings necessary to convert wood into chips, or fibers into byproducts such as paper, plywood, and particleboard, or to extract byproducts from wood fibers.
STREET SIDE YARD
A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
STREET SIDE YARDA yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building.
STREET SIDE YARDA 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.
STREET SIDE YARDA 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.
STREET SIDE YARDA yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
ZONING PERMIT
A document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses.
(Ord. 269, 9/15/2025)