Zoneomics Logo
search icon

Jerome City Zoning Code

CHAPTER 17

03 RULES AND DEFINITIONS

17.03.002: GENERALLY:

For the purpose of this title, 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, or other similar business entity 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. 1070, 2010)

17.03.005: ACCESSORY USE OR STRUCTURE:

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. In residential zones accessory uses/structures include, but are not limited to, detached carports and garages, pool houses and cabanas, amateur radio and satellite dish antennas, barns, corrals, stables, and similar uses and structures. In nonresidential zones accessory uses/structures include, but are not limited to, detached carports and garages, caretaker's quarters, guardhouses, storage sheds, outdoor storage structures, microwave and satellite dish antennas, and similar uses and structures. (Ord. 1070, 2010)

17.03.010: ADMINISTRATOR:

An official having knowledge in the principles and practices of zoning who is appointed by the mayor, with the consent of the council, to administer this title. In the absence of an administrator, the city administrator shall serve as the administrator. The terms "administrator" and "zoning administrator" are synonymous. (Ord. 1070, 2010)

17.03.015: ADULT BUSINESS:

The use of a site that has a substantial portion of its trade in materials or performances that depict, describe, or relate to specified sexual activities. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.020: AGRICULTURAL TOURISM:

Agriculturally related accessory uses that are subordinate to the growing of crops, designed to bring the public to a farm on a temporary or continuous basis, such as U-pick farm sales, retail sales of agricultural products (farm stands), farm mazes, pumpkin patches, wagon rides, farmland and facility tours, horticulture nurseries and associated display gardens, cider pressing, classes or workshops, or wine or cheese tasting. (Ord. 1158, 2016)

17.03.023: AGRICULTURE:

The use of a site for farming, dairying, pasturage, aquaculture, horticulture, floriculture, and viticulture as a commercial enterprise, including the storage of equipment and materials and the erection of structures. The classification does not include uses classified as Farm Animal, Horticulture (general), Stockyard, and Turf and/or Tree Farm. (Ord. 1225, 2024)

17.03.025: AIRPORT:

The use of a site for aircraft landings and take-offs including all necessary facilities for maintenance and housing of aircraft. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.030: AMBULANCE SERVICES:

Provision of nonemergency medical care transportation, including incidental storage, maintenance and parking of medical transport vehicles. (Ord. 1070, 2010)

17.03.035: ANIMAL CARE:

The use of a site for the boarding, care, grooming, diagnosis or treatment of four (4) or more animals, including but not limited to sick, ailing, infirm or injured animals, and those who need medical or surgical attention. The classification includes but not be limited to an animal clinic, animal hospital, or veterinary office or kennel. (Ord. 1225, 2024)

17.03.040: 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. (Ord. 1070, 2010)

17.03.045: ARTIST STUDIOS:

The use of a site for the production, or sale of a creative pursuit, including but not limited applied art or craft or performing arts. Instruction is classified as Education Services, Private. (Ord. 1225, 2024)

17.03.050: ARTS, ENTERTAINMENT AND RECREATION:

The use of a site for entertainment, spectator sports or recreational activities. The use includes, but is not limited to amusement parks, motion picture and performing arts theaters, racetracks, sports fields, golf courses, health/fitness clubs, museums, zoos, marinas, bowling, video, billiard parlors, dance halls, ice/roller skating rinks and other games and amusements. (Ord. 1225, 2024)

17.03.055: AUCTION FACILITY:

The use of a site for the sale of new and/or used merchandise by auctioning. (Ord. 1225, 2024)

17.03.060: BASEMENT:

A dwelling unit, all or partly underground, but having at least one-half (1/2) of its height below the average level of the adjoining ground. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.065: BED AND BREAKFAST:

The use of an owner occupied site for overnight accommodations and breakfast food service to no more than twelve (12) guests at any one time. (Ord. 1225, 2024)

17.03.070: BUILDING:

Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, plants, trees, chattels or property of any kind. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.075: BUILDING, ACCESSORY:

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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.080: BUILDING HEIGHT:

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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.085: BUILDING MATERIAL, GARDEN AND FARM EQUIPMENT, AND SUPPLIES:

The use of a site for the retail sale and service of merchandise used in home, farm and garden improvements. The classification includes but is not limited to: home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wall paper stores; building supply stores; lumber yards; nursery, garden and farm supply stores. (Ord. 1225, 2024)

17.03.090: BUILDING, PRINCIPAL:

A building in which is conducted the main or principal use of the lot on which said building is situated. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.095: CEMETERY:

The use of a site for the burial of human remains and dedicated for cemetery purposes, including columbarium, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery. (Ord. 1225, 2024)

17.03.100: CENTRAL SEWER SYSTEM:

Any system that receives blackwaste or wastewater in volumes exceeding two thousand five hundred (2,500) gallons per day; any system which receives blackwaste or wastewater from more than two (2) dwelling units or more than two (2) buildings under separate ownership. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.105: CLUB OR LODGE:

The use of a site for activities organized and operated by an association of persons for social, literary, political, educational or recreational purposes; and primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. (Ord. 1225, 2024)

17.03.110: COMMISSION, PLANNING AND ZONING:

The planning and zoning commission appointed by the mayor and confirmed by the council, referred to sometimes in this title as "the commission". (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.115: COMMUNICATION FACILITIES:

The use of a site for 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. (Ord. 1225, 2024)

17.03.120: COMPREHENSIVE PLAN:

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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.125: CONDITIONAL USE:

A use permitted within a district, other than a principally permitted use, requiring a permit and approval of the commission. Uses permitted in each district are listed in the official schedule of district regulations, section 17.14.010 of this title. The terms "special use" and "conditional use" are synonymous. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.130: CONTRACTOR'S YARD:

The use of a site for by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor pre-installation work or repair of machinery used for any of the above listed activities. (Ord. 1225, 2024)

17.03.135: CONVENIENCE STORE:

The use of a site for retail sales of a limited line of groceries and household goods. The use may or may not also include the sale of fuel. (Ord. 1225, 2024)

17.03.140: CORRECTIONAL FACILITY OR JAIL:

The use of a publicly owned site for housing, care, and supervision of persons confined by law. (Ord. 1225, 2024)

17.03.145: COUNCIL:

The city council of the city of Jerome. The terms "council" and "city council" are synonymous. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.150: DAYCARE:

The use of a residential site for non-medical care, protection or supervision regularly provided to children under twelve years of age, the elderly, or disabled persons of any age, for periods less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three types of daycare facilities distinguished by the number of individuals served:
A.   Daycare, Center: more than twelve (12) individuals.
B.   Daycare, Group: more than six (6) but no greater than twelve (12) individuals.
C.   Daycare, Home: five (5) or fewer individuals. (Ord. 1225, 2024)

17.03.160: DENSITY:

A unit of measurement; the number of 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.
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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.165: DRINKING ESTABLISHMENT:

The use of a site primarily for the sale or dispensing of liquor by the drink or glass, but not including restaurants with a wine and beer license where the principal business is serving food. The use includes, but is not limited to bar, brewery, lounge, night club, and tavern. (Ord. 1225, 2024)

17.03.170: DRIVE-IN THEATER:

The use of an open site for showing motion pictures to patron seated in vehicles. (Ord. 1225, 2024)

17.03.175: DRIVE-THROUGH ESTABLISHMENT:

The use of a portion of a structure where business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The classification includes but is not limited to: food or beverage service, bank service, laundry, and/or film processing. The classification shall not include Fuel Sales Facility or Vehicle Washing Facility. (Ord. 1225, 2024)

17.03.180: 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 and its household employees.
 
GROUP:
A structure used for long term living, eating and sleeping accommodations. The use includes boarding, lodging, dormitories, and halfway houses.
MULTI-FAMILY:
A structure, or portion thereof, that contains three (3) or more dwelling units including apartment houses, town-houses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
SINGLE-FAMILY:
A detached structure that accommodates a single dwelling.
TWO-FAMILY (DUPLEX):
A structure containing two (2) dwelling units attached by a common wall, where both dwelling units are located on the same property and designed for two (2) households living independently of each other. (Ord. 1225, 2024: Ord. 1192, 2020: Ord. 1070, 2010)
 

17.03.185: EASEMENT:

A legal right to the use of real property which does not include the ownership of any interest in the real property. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.190: EATING ESTABLISHMENT:

The use of a site where food items are prepared, served and consumed by patrons primarily on-site. The serving of alcoholic beverages may also be provided but is secondary to the service of food. The term includes, but is not limited to: café, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, sushi bar. (Ord. 1225, 2024)

17.03.195: EDUCATION SERVICES, PRIVATE:

The use of a site for education purposes not supported by the State of Idaho. The use includes, but is not limited to elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; and photography, fine arts, crafts, dance or music studios. (Ord. 1225, 2024)

17.03.200: EDUCATION SERVICES, PUBLIC:

The use of a site for education supported by the State of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. (Ord. 1225, 2024)

17.03.205: EMERGENCY SERVICES:

The use of a site for the provision of emergency medical care transportation, fire protection and police protection, including incidental storage and maintenance and parking of emergency and emergency related vehicles. (Ord. 1225, 2024)

17.03.210: EQUIPMENT SALES, RENTALS, AND SERVICES:

The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment. (Ord. 1225, 2024)

17.03.215: FACADE:

The front or face of a building. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.220: FAMILY:

One or more persons occupying a single dwelling unit; provided, that all members are related by blood, adoption or marriage. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.225: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.230: FARM ANIMAL:

The use for keeping animals, other than household pets, for training, boarding, home use, sales, or breeding and production. The classification includes but is not limited to: alpacas, cattle, chinchillas, donkeys, emus, goats, horses, llamas, minks, ostriches, poultry, and sheep. (Ord. 1225, 2024)

17.03.235: FARM SIGN:

A sign erected for a limited period of time for retailing and marketing agricultural products and/or agricultural tourism, that is, seasonally for a period not exceeding two (2) weeks before such items are offered and terminating when such items are no longer offered. (Ord. 1225, 2024: Ord. 1158, 2016)

17.03.240: FINANCIAL INSTITUTION:

The use of a site for lending, exchanging and handling money or currency for customers. The classification includes but is not limited to: credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments. (Ord. 1225, 2024)

17.03.245: FLEX SPACE:

The use of a site for substantial amounts of storage and working area as well as office and/or showroom space. (Ord. 1225, 2024)

17.03.250: FOOD PRODUCTS, PROCESSING:

The use of a site for producing, manufacturing, processing, or storage of food products. The classification includes but is not limited to: beverages, bakery good, coffee, ice, snacks, dairy products, fruits, vegetables, meat, and seafood. The use does not include Slaughter House. (Ord. 1225, 2024)

17.03.255: FOOD PRODUCTS, SMALL-SCALE PROCESSING:

The use of a site for producing, manufacturing, processing, or storage of food products on a small scale and limited production. The use includes but is not limited to catering, smoking and curing, canning and preserving. (Ord. 1225, 2024)

17.03.260: FRONTAGE ROAD:

A road which has unlimited access to collector and access streets but has limited access to arterial streets. Access onto arterial streets is limited to one thousand five hundred feet (1,500') between points. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.265: FUEL SALES FACILITY, LIMITED:

The use of a site for the sale of only motor fuel typically including a small kiosk building covered by a canopy. (Ord. 1225, 2024)

17.03.270: FUEL SALES FACILITY:

The use of a site for the sale of supplies, motor fuel, lubricating oils, replacement parts, and/or grease, to on premise trade. Major mechanical and body work and/or repair is classified as Vehicle Body Shop and storage of automobiles is classified as Vehicle Storage. (Ord. 1225, 2024)

17.03.275: FUEL YARD:

The use of a site where the primary business is that of storing fuel, including but not limited to: propane, kerosene, diesel, home heating fuel, gasoline, and natural gasoline in either above or below ground tanks. (Ord. 1225, 2024)

17.03.280: GOVERNMENT OFFICES:

Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.285: GOVERNMENT SERVICES:

Any use of land by the United States Of America, the state of Idaho, the county of Jerome, the city of Jerome or other public corporation, political subdivision of the state of Idaho or quasi-public agency for any public purpose, other than the establishment of schools. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.290: HEALTH AUTHORITY:

The South Central Public Health District, Idaho Department of Health and Welfare, the Idaho Department of Environmental Quality or any other local, state or federal agency with jurisdiction. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.295: HEALTH CARE AND SOCIAL SERVICES:

The use of a site for ambulatory health care services Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. (Ord. 1225, 2024)

17.03.300: HEIGHT:

The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and similar structures 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. The height of the buildings shall be determined under this code. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.305: HELIPORTS:

The use of a site for enabling takeoffs and landings by helicopters. (Ord. 1225, 2024)

17.03.310: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.315: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.320: HOME OCCUPATION:

The use of a residential site for an occupation conducted entirely within a dwelling unit or an accessory structure and clearly incidental to a residential use. (Ord. 1225, 2024)

17.03.325: HORTICULTURE, LIMITED:

The use of a site for 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 is classified as A Home Occupation. (Ord. 1225, 2024)

17.03.330: HOSPITAL:

The use of a site for the medical or surgical care of patients for twenty-four (24) hours or more. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. (Ord. 1225, 2024)

17.03.335: IMPROVED PASTURE:

Grazing lands that are not in crop rotation and are planted primarily to introduced domesticated native forage that receive periodic renovation and/or cultural treatments such as tillage, fertilization, mowing, and weed control. (Ord. 1225, 2024)

17.03.337: INDUSTRIAL:

A.   Heavy: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, odor, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.
B.   Light: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures and generating little industrial traffic and no nuisances. (Ord. 1070, 2010)

17.03.340: INDUSTRY:

A.   Craftsman: The use of a site for small-scale, craftsman operated production of materials, assembly of parts, or the blending of materials primarily by hand including wood, metal, plastics, computer components, electronics, oils, and resigns. The use includes but is not limited to furniture re-finishing, machine shops, cabinet makers, frame shops, and sign shops.
B.   Heavy: The use of a site for 1) basic processing and manufacturing of materials or products, predominately from extracted or raw materials; 2) storage or manufacturing processes using flammable or explosive materials; or 3) storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions
C.   Light: The use of a site for the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials.
D.   Limited: The use of the site for small-scale, craftsman operated production of materials, assembly of parts, or the blending of materials including gems, metals, plastics, clay, pottery, fabric, wool, paper, oils, and resins. Typical uses include custom bookbinding, ceramic studios, candle making shops, and custom jewelry manufacture. (Ord. 1225, 2024)

17.03.345: INSTITUTION:

The use of a site to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services. (Ord. 1225, 2024)

17.03.360: JMC:

The Jerome municipal code as it now exists or as it may hereafter be amended. (Ord. 1225, 2024)

17.03.365: LAUNDROMAT:

Business providing self-service cleaning facilities for clothing and other fabric articles. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.370: LAUNDRY AND DRYCLEANING:

The use of a site that launders and dry cleans clothing and other fabric articles in bulk. (Ord. 1225, 2024)

17.03.375: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.380: LODGING:

The use of a site providing visitor or overnight accommodations, including sleeping rooms, sanitary facilities, and lobby areas. Lodgings can also include a dining room where meals and/or beverages are served. The classification includes but is not limited to: motels, hotels, and inns. (Ord. 1225, 2024)

: LOT:

A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be required within this title, 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.390: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.395: LOT FRONTAGE:

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 "yards" in this chapter. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.400: LOT, MINIMUM AREA OF:

The area of a lot is computed exclusive of any portion of the right of way of any public or private street. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.405: LOT OF RECORD:

A lot which is a 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.415: LOT TYPES:

Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
A.   Corner Lot: A lot located at the intersection of two (2) or more streets;
B.   Interior Lot: A lot with only one frontage on a street;
C.   Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot; and
D.   Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets also may be referred to as double frontage lots. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.420: MANUFACTURED HOME:

A factory built, single family home built or re-built under authority of the 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, is transportable in one or more sections, and is built on a permanent. The term "manufactured home" includes any mobile home rehabilitated in accordance with Idaho Code section 44-2501 et seq. (Ord. 1225, 2024)

17.03.430: MANUFACTURED HOME PARK:

The use of a site under single ownership consisting of at least five (5) acres upon which six (6) or more portions of the site are used for the placement of manufactured homes as a primary residence. (Ord. 1225, 2024)

17.03.435: MOBILE HOME:

A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation, or as defined at Idaho Code section 39-4105(9) as it now exists or as it may hereafter be amended. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.440: MUSEUM:

Institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes museums and art galleries. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.445: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.450: NURSING HOME/CARE FACILITY:

The use of a site for establishments providing care on a twenty-four (24) hour basis for persons requiring regular attention, but excluding facilities providing surgical or emergency medical services. The classification includes but is not limited to: assisted living or residential care facilities. (Ord. 1225, 2024)

17.03.460: OFFICES, BUSINESS AND PROFESSIONAL:

The use of a site for offices of firms or organizations providing professional, executive, management, or administrative services. The classification includes but is not limited to: medical/dental laboratories incidental to an office use. Banks and savings and loan associations are classified as Financial Institution. (Ord. 1225, 2024)

17.03.465: OPEN SPACE:

A.   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 commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included; or
B.   A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the city. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a usable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.470: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.475: PARAPET OR PARAPET WALL:

That portion of a building wall that rises above the roof level. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.480: PARK AND RECREATION FACILITY:

The use of a site for noncommercial parks, playgrounds, recreation facilities and open spaces. (Ord. 1225, 2024)

17.03.485: PARKING FACILITY:

A.   Commercial: The use of a site, including surface areas and/or structures, for short term or long-term parking to the public for a fee.
B.   Non-Commercial: The use of a site, including surface areas and/or structures, for short term or long-term parking for customers, employees or the general public. (Ord. 1225, 2024)

17.03.490: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.495: PAWNSHOPS:

A.   Auto: The use of a site for 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.
B.   General: The use of a site for licensed businesses engaged in the buying or selling of new or secondhand merchandise, including minimal numbers of used autos, and offering loans secured by personal property. (Ord. 1225, 2024)

17.03.505: PERSONAL AND PROFESSIONAL SERVICE:

The use of a site for the provision of individualized services generally related to personal needs. The classification of Personal Service includes but is not limited to: beauty and health care services such as salons, hair nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, electronics, and watches. The classification of Professional Service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies. (Ord. 1225, 2024)

17.03.515: PLANNED UNIT DEVELOPMENT:

The use of a site in which a 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 size and setbacks, than those restrictions that would normally apply under these regulations. (Ord. 1225, 2024)

17.03.520: PORTABLE CLASSROOM:

A detached mobile unit not intended for occupancy as a dwelling unit and designed to be transported after fabrication on its own wheels, flatbed trailer or detached wheels. Use is only for classroom space associated with and as an accessory building to an approved school facility. (Ord. 1225, 2024)

17.03.530: PRIVATE ROAD:

A road, street, alley, or bridge that is not laid out or established by the state of Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and accepted by such entity or used by the public for a period of not less than twenty (20) years and worked and not kept up by, at the expense of, the public during that period of time. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.535: PUBLIC SERVICE FACILITY:

The use of a site for utility or infrastructure needed to serve the general public. The use includes power plants or substations, natural gas facilities including main service lines, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public services structures. (Ord. 1225, 2024)

17.03.545: PUBLIC STREET:

A right of way that provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the city. The term "public street" also includes the terms street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or other such terms.
A.   Local street: A minor street which has the primary purpose of providing access to abutting properties.
B.   Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
C.   Arterial: Provides access from one part of the community to another and also provides for the movement of vehicles through the community.
D.   Collector: Accommodates circulation within and between neighborhoods. (Ord. 1225, 2024)

17.03.550: PUBLIC USE:

The use of a site for civic, library, senior centers and cultural activities, but not including uses classified as: Emergency Response; Park and Recreation; and Public Service Facilities and Public Utility Yard. (Ord. 1225, 2024)

17.03.560: PUBLIC UTILITY YARD:

The use of a site for the storage and maintenance of equipment, vehicles, and materials, recycling and public service facilities. (Ord. 1225, 2024)

17.03.565: QUASI-PUBLIC USE:

Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.570: RAILROAD YARD OR SHOP:

The use of a site for storing, repairing and switching of rolling stock. (Ord. 1225, 2024)

17.03.580: RECREATIONAL VEHICLE:

A motor vehicle or trailer which includes living quarters designed for dwelling purposes on a temporary basis. This includes motorhomes, campervans, caravans (also known as travel trailers and camper trailers), fifth-wheel trailers, popup campers and truck campers. (Ord. 1225, 2024)

17.03.585: RECREATIONAL VEHICLE PARK:

The use of a site by six (6) or more recreational vehicles or travel trailers for living quarters on a temporary basis. (Ord. 1225, 2024)

17.03.590: RECYCLING:

The use of a site for collection, storing, separation, processing and shipping of materials for re-use. (Ord. 1225, 2024)

17.03.600: RENDERING PLANT:

The use of a site for processing and/or converting waste animal tissue into stable, value added materials. Rendering can refer to any processing of animal byproducts into more useful materials, or more narrowly to the rendering of whole animal fatty tissue into purified fats like lard and tallow. (Ord. 1225, 2024)

17.03.605: REPAIR SERVICES:

The use of a site primarily engaged in the provision of repair services to individuals and households, rather than businesses, the classification includes but is not limited to: small engine repair like mowers and chain saws; and appliance repair; shoe repair: upholstery shops; watch or jewelry repair; and repair of musical instruments. Vehicle and vehicle equipment repair are classified as Vehicle Repair or Vehicle Body Shop. (Ord. 1225, 2024)

17.03.610: RESEARCH AND DEVELOPMENT:

The use of a site for research, development and testing related to chemical, pharmaceutical, medical, electronic, transportation, engineering, agriculture, or other scientific or technical endeavor. (Ord. 1225, 2024)

17.03.620: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.625: RETAIL STORE:

The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationary and gift stores; specialty stores; sporting goods; and used merchandise stores. (Ord. 1225, 2024)

17.03.635: RIDING ACADEMIES AND STABLES:

The use of a site for instruction in horseback riding, including rings, stables, and exercise areas, and facilities for the care and exercise of horses and related equestrian activities. (Ord. 1225, 2024)

17.03.645: RIGHT OF WAY:

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 topography or treatment) such as grade separation, landscaped area, viaducts and bridges. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.650: 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. All roof mounted mechanicals shall be screened from view. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.660: SALVAGE YARD:

The use of a site where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. The classification includes house wrecking yards and used lumber yards. (Ord. 1225, 2024)

17.03.670: 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 twenty four (24) linear inches of benches, pews or space for loose chairs. A row of benches, pews or loose chairs for every five feet (5') of seating area shall be considered for determining total possible number of rows. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.680: 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 aboveground except as may be provided herein. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.690: SHELTER HOME:

A building or part of a building used for the temporary housing or relocation of abused, vulnerable, or Shelter home homeless individuals. Qualified supervision and care shall be provided for those housed in the facility. This Definition excludes "Group Homes" as defined herein. (Ord. 1225, 2024)

17.03.700: SHOPPING CENTER:

The use of a site for the grouping 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. Neighborhood centers will typically be comprised of between thirty thousand (30,000) to one hundred thousand (100,000) square feet of gross leasable floor area and community centers will typically be comprised of between one hundred thousand (100,000) to four hundred fifty thousand (450,000) square feet of gross leasable floor area. (Ord. 1225, 2024)

17.03.710: SHOPPING MALL:

A regional shopping facility comprised of many separate shops typically with two (2) 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 four hundred fifty thousand (450,000) to eight hundred fifty thousand (850,000) square feet of gross leasable floor area. (Ord. 1225, 2024)

17.03.720: SIDEWALK:

The portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.730: SIGN:

A.   Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
B.   Any identification, description, illustration, symbol, statue or device, illuminated or nonilluminated, which is visible from any public place designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public's attention to a product or location, with the exception of window displays and state or national flags.
   1.   Illuminated sign: Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
   2.   Lighting device sign: Any light, string of lights or group of lights located or arranged so as to cast illumination on sign.
   3.   Off premises sign: 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.
   4.   On premises sign: 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.
   5.   Projecting sign: Any sign which projects from the exterior of a building. (Ord. 1070, 2010)

17.03.735: SLAUGHTERHOUSE:

The use of a site for the slaughtering of livestock, and preparing or processing livestock carcasses for human consumption. (Ord. 1225, 2024)

17.03.740: STOCKYARD:

The use of a site for temporarily housing livestock for no more than one week of continuous time for the purposes of offering for sale or selling such livestock to the public. (Ord. 1225, 2024)

17.03.745: STORAGE:

The use of a site where equipment, inventory, supplies or other similar items are stored inside or outside. Vehicle storage is classified as Vehicle Storage or Terminal Yard, Trucking. (Ord. 1225, 2024)

17.03.750: STORAGE FACILITY, SELF-SERVICE:

The use of a site that provides storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. (Ord. 1225, 2024)

17.03.755: STORY:

That part of a building between the surface of a floor and the ceiling immediately above it. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.760: STRUCTURE:

Anything constructed of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, mobile homes, walls, fences and billboards. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.765: TATTOO AND BODY PIERCING:

The use of a site for placing permanently marks or designs on the skin by the process of pricking or ingraining an indelible pigment or by raising scars. A design made on the skin with a temporary dye such as henna or ink and piercing of a part of the body with an ornamental ring or stud. (Ord. 1225, 2024)

17.03.770: TEMPORARY:

A unit of time not to exceed thirty (30) calendar days. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.778: TEMPORARY USE:

The use of a site on a seasonal basis or for a short period of time. The classification includes but is not limited to: animal shows and sales, arts and crafts shows, barn and square dances, Christmas tree lots, circuses, carnivals, construction buildings, corn mazes, farmers markets, firework stands, hayrides, live entertainment events, mobile offices, model homes, petting zoos, produce stands, pumpkin stands receptions, snow cone stands, street fairs, trade shows, and weddings. (Ord. 1225, 2024)

17.03.780: TERMINAL YARD, TRUCKING:

The use of a site as a major stopping or transferring point for freight. The use may include the short-term storage and repair of trucks. (Ord. 1225, 2024)

17.03.785: TIRE SHOP:

The use of a site for the sale or installation of new, used, or retread tires and tubes. (Ord. 1225, 2024)

17.03.790: TOWER:

Any ground or roof mounted pole, spire, similar structure, windmill or combination thereof, with a "height", as defined by this title, in excess of fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. (Ord. 1225, 2024)

17.03.795: TRUCK AND HEAVY EQUIPMENT REPAIR AND SALES:

The use of a site for the sale and repair of new and used trucks, trailers and similar vehicles with two or more rear axles. (Ord. 1225, 2024)

17.03.797: TRUCK STOP:

The use of a site for sale of motor fuel, lubricating oils and greases to on premises trade including large trucks as well as automobiles, including sale of tires, batteries, accessories and related services, major and minor motor vehicle repairs, and special services to operators and drivers of trucks operating on an interstate basis. (Ord. 1225, 2024)

17.03.800: TURF AND TREE FARM:

The use of a site to produce and harvest turf or trees for off- site sales. (Ord. 1225, 2024)

17.03.805: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.810: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.815: VEHICLE BODY SHOP:

The use of a site for painting repairing or straightening the body and/or chassis of vehicles. (Ord. 1225, 2024)

17.03.818: VEHICLE AND EQUIPMENT SALES:

The use of a site for the sale or rental of new and used motor vehicles, manufactured homes, travel trailers, recreation vehicles, trucks and/or farm implements, but not including repair work except incidental warranty repair. (Ord. 1225, 2024)

17.03.820: VEHICLE REPAIR:

The use of a site for the repair, rebuilding or reconditioning of motor vehicles or parts. Collision service and painting are classified as Vehicle Body Shop; steam cleaning of vehicles is classified as Vehicle Washing Facility. (Ord. 1225, 2024)

17.03.822: VEHICLE STORAGE:

The use of a site for the storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles. (Ord. 1225, 2024)

17.03.825: VEHICLE WASHING FACILITY:

The use of a site for washing, waxing or steam cleaning of automobiles or similar light vehicles. (Ord. 1225, 2024)

17.03.828: VEHICLE WRECKING YARD OR SALVAGE:

The use of a site for the dismantling or wrecking of two (2) or more used motor vehicles, manufactured 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 (2) motor vehicles not in operating condition are standing more than thirty (30) days, or where used motor vehicles or parts thereof are dismantled or stored. (Ord. 1225, 2024)

17.03.830: 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. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.835: WALKWAY:

A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.840: WALL:

A continuous structure designed to enclose an area to be the surrounding exterior of a building. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.845: WAREHOUSE AND STORAGE, WHOLESALE:

The use of a site for storage, wholesale and distribution of manufactured products, supplies and equipment, excluding retail sales. (Ord. 1225, 2024)

17.03.850: WIRELESS FACILITY:

Facilities necessary for the provision of personal wireless services (i.e., towers, support buildings, etc.). (Ord. 1225, 2024)

17.03.855: YARD:

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.
A.   Front yard: A 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.
B.   Interior side yard: 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.
C.   Rear yard: 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.
D.   Street side yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.860: YARD SALE:

An on premises sale of new or used household or related goods from a residence or lot upon which a residence may be constructed. The terms "garage sale" or "rummage sale" are synonymous with "yard sale". No single yard sale shall exceed three (3) consecutive days in any seven (7) consecutive days from its commencement to its end. No more than six (6) yard sales may be conducted from any single residence, residential lot, or lot upon which a residence may be constructed in the same calendar year. At the conclusion of each sale, all evidence of the sale must be removed from the view of public streets. (Ord. 1225, 2024: Ord. 1070, 2010)

17.03.865: ZONING PERMIT:

A document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses. (Ord. 1225, 2024: Ord. 1070, 2010)