For purposes of this Title 17, certain terms or words used herein shall be interpreted as follows:

A.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

B.

The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

C.

The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.

D.

The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."

E.

The word "lot" includes the words "plot," "parcel" and "tract."

(Ord. 309 Art. II, §A, 1997).

As used in this Title 17, the following terms or words are defined in this section.

"Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

"Administrator" means an official having knowledge in the principles and practices of zoning who is appointed by the council, at the recommendation of the commission, to administer this Title 17.

"Adult book store" means a shop, store or retail outlet dealing in sexually-oriented written, taped and/or otherwise depicted materials.

"Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

"Automotive wrecking" means the dismantling or wrecking of two (2) 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.

"Board" means the board of county commissioners.

Building, Accessory. "Accessory building" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

"Building height" means 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 building walls for gable, hip and gambrel roofs.

Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated.

"Commercial entertainment facilities" means any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

"Commission" means the zoning, planning and zoning, joint zoning or joint planning and zoning commission appointed by the council.

"Comprehensive plan" means a plan, or any portion thereof, adopted by the council including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.

"Council" means the city council.

"Density" means a unit of measurement; the number of dwelling units per acre of land.

1.

"Gross density" means the number of dwelling units per acre of total land to be developed, including public right-of-way.

2.

"Net density" means 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.

"Easement" means authorization by a property owner for the use by another; and for a specified purpose, of any designated part of his property.

"Floodplain" means the relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of one hundred (100) year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the Army Corps of Engineers, as follows:

1.

"Flood of one hundred (100) year frequency" means a flood magnitude which has a one percent (1%) chance of being equalled or exceeded in any given year.

2.

"Flood" means the temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.

3.

"Channel" means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

4.

"Floodway" means the channel or a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse.

5.

"Floodway fringe" means that part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by a flood of one hundred (100) year frequency.

"Garage," "service station" or "filling station" means buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, plus motor vehicle repairs made.

1.

Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.

"Health authority" means the local district health department or State Department of Health and Welfare that has jurisdictional authority.

"Home occupation" means an occupation conducted entirely within a dwelling unit. (See the required performance standards.)

"Junk buildings," "junk shops," or "junk yards" mean any land, property, structure, building or combination of the same, on which junk is stored or processed.

"Kennel" means any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatment.

Loading Space, Off-street. "Off-street loading space" means a space logically and conveniently located for bulk pickups 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. For the purpose of this Title 17, a "lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1.

A single lot of record;

2.

A portion of a lot of record; and

3.

A combination of complete lots of record, or of portions of lots of records.

"Lot coverage" means 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" means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under the definition of "Yards" in this section.

Lot, Minimum Area of. "Minimum area of lot" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

"Lot of record" means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

"Lot types" means the terminology used in this Title 17 with reference to corner lots, interior lots and through lots is as follows:

1.

"Corner lot" means a lot located at the intersection of two (2) or more streets.

2.

"Interior lot" means a lot with frontage on only one street.

3.

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

4.

"Reversed frontage lots " means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

"Manufactured housing" means a residential structure which has been constructed off-site in a factory and meets the following criteria:

1.

Meets or exceeds the standards of the current edition of the Uniform Building Code;

2.

Has a pitched roof of at least 2:12 slope and of non metallic finish;

3.

Has eaves which extend at least twelve inches (12″) from the wall;

4.

Has siding that is similar in appearance and durability to conventional housing.

For the purposes of this title, manufactured housing shall not be considered distinct from a conventional site-built home.

"Mobile home" means a residential structure, which has been constructed off-site in a factory and does not meet the criteria defining manufactured housing (pre-1976). No mobile home may be placed on a single-family lot within the city. Single-wide mobile homes shall be permitted only within mobile home parks or mobile home subdivisions within the Homedale city limits and the impact area. Mobile homes do not include recreational vehicles.

"Mobile home court" means any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.

"Mobile home park" means any site or tract of land under single ownership, upon which two (2) or more mobile homes for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

"Nonconforming use" means a building, structure or use of land existing on April 9, 1986; or an authorized temporary nonconforming use, and which does not conform to the regulations of the district in which it is situated.

"Nursery for children" means a place, home or facility providing care for more than five (5) children of preschool age.

Nursery, Plant Materials. "Plant materials nursery" means land, building, structure 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 home for the aged" means a home or facility for the care and treatment of more than five (5) pensioners or elderly people.

"Obscene material/matter" means material and/or matter defined as obscene in Idaho Code Section 18-4101.

"Open space" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the city deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.

Parking Space, Off-street. For the purpose of this Title 17, 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.

"Performance bond" or "surety bond" means 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.

"Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.

"Planned unit development (PUD)" means an area of land in which a singular or variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.

"Pornographic material" means sexually-oriented material judged, by community standard, to be pornographic.

"Professional activities" means the use of offices and related spaces for such professional services as are provided by medical practitioners, attorneys, urban planners, architects, engineers and similar professions.

"Public use" means 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.

"Quasi-public use" means churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.

"Research activities" means research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.

"Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

"School, Public/Private/Parochial. A "public school," "private school" or "parochial school" means buildings, fixtures and/or improvements owned or built by the school district, church or private corporation for the purpose of maintenance and operation of the educational facility and its property.

"Setback line" means a line established by Title 17, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this code.

"Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

1.

Sign, On-premises. "On-premises sign" means any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.

2.

Sign, Off-premises. "Off-premises sign" means any 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.

3.

Sign, Illuminated. "Illuminated sign" means any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.

4.

"Sign lighting device" means any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

5.

Sign, Projecting. "Projecting sign" means any sign which projects from the exterior of a building.

"Special use" means a special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the city. Special uses permitted in each district are listed in the official schedule of district regulations contained in Chapter 17.28 of this code.

"Street" means 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 and other such terms.

1.

"Alley" means a minor street providing secondary access at the back or side of a property otherwise abutting a street.

2.

"Minor street" means a street which has the primary purpose of providing access to abutting properties.

3.

"Collector street" means a street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.

4.

"Arterial street" means a street designated for the purpose of carrying fast and/or heavy traffic.

5.

"Private street" means a street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.

"Supply yards" means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.

"Tower" means a high structure for use in broadcasting, relaying, and/or distributing micro or telecommunication waves.

"Use" means the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

Variance. A "variance" is a modification of the requirement of Title 17 as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other provisions affecting the size or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

"Veterinary animal hospital or clinic" means 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 in the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity of the place.

"Vicinity map" means a drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

"Walkway" means a public way, four feet (4′) or more in width, for pedestrian use only, whether or not along the side of a roadway.

"Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3′) 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.

1.

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

2.

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

3.

Yard, Interior Side. "Interior side yard" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

4.

Yard, Street Side. "Street side yard" means a 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" means a document issued by the administrator authorizing the uses of land and structures and the zoning designation of the property. For the purposes of this title, "zoning permit" shall be the same as the "zoning approval" on the building permit application.

(Ord. 353 (part), 2005; Ord. 309 Art. II, §B, 1997).