ACCESS: The primary means of vehicular ingress/egress to a parcel or structure.

ACCESSORY BUILDING OR USE: A building or use which is dependent to that of the main building or use on the same lot or parcel.

ACCESSORY LIVING UNIT: A building or portion(s) of a building, located on the same lot, but separate from the principal dwelling with at least two hundred twenty (220) square feet of habitable space, with plumbing for a sink, toilet or bathing facilities and which does not meet the definition of a storage unit.

ADDRESS: The official County assigned unique identification number for a parcel and/or structure that uniquely defines its location within the County. This address may be used for mail delivery.

ADMINISTRATIVE DECISION: A decision made by the Director pursuant to authority provided in any provision of this Code to which the provisions of this chapter pertain.

AFFECTED PERSON: A person or legal entity having a bona fide interest in real property which may be adversely affected by department or Board action.

AGENCY: Any municipal corporation or political subdivision of the State, including, without limitation, cities, counties, school districts, highway districts, water districts, sewer districts, irrigation districts, or recreational water and sewer districts, or any regional health district, or any agency of State government, or any agency of the United States government.

AGENT: One who acts for or in the place of another.

AGRICULTURE PRODUCTION: Activities or conditions conducted on land actively devoted to agriculture as defined in section 63-604, Idaho Code, or on forest land as defined in section 63-1701, Idaho Code.

AGRICULTURE PROTECTION AREA (APA): One or more specific parcels of land in a designated geographic area voluntarily created under the authority of this article for the purpose of protecting and preserving agricultural land.

AGRICULTURE PROTECTION AREA COMMISSION (APA Commission): The advisory board to the Board of County Commissioners created pursuant to section 67-9705, Idaho Code and section 8.8.304 of this title.

AGRITOURISM: Tourist activities which center around the act of visiting a working farm, ranch, or any agricultural, horticultural or agribusiness operation for the purposes of enjoyment, education, or active involvement in the activities of the farm or rural operation. Agritourism activities may allow visitors to become acquainted with various landscapes and farming systems, such as crops, fruit trees or vines and livestock, and locally produced products, and may include bed and breakfast facilities, cabins, or guesthouses.

AIRCRAFT PARKING AREAS: Those areas designated as parking areas for parking and maneuvering aircraft while on the ground. "Tie down" areas shall also mean aircraft parking areas and will be marked by "tie down" to denote this area.

AIRPORT: Any area of land or water designed and set aside for landing and takeoff of aircraft and utilized or to be utilized in the interest of the public for such purposes.

AIRPORT ADVISORY BOARD: The board consisting of members as defined by current by-laws to provide information and recommendations to the Airport Manager and County Commissioners pertaining to airport flight-line operations and development in the Airport Overlay Zone.

AIRPORT DEVELOPMENT CONTROL COMMITTEE: A committee consisting of members as defined by current by-laws to provide information and recommendations to the Airport Manager and County Commissioners pertaining to development in the Airport Overlay Zone.

AIRPORT HAZARD: Any structure, or tree, or use of land which obstructs the airspace required for the flight of aircraft in landing and taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

AIRSTRIP: An improved or unimproved landing area used by pilots to land, park, take off, unload, load and taxi all types and styles of aircraft.

ALIQUOT PART: A description of an unplatted parcel by one or more fractions of a section.

AMPLITUDE: The vibration intensity measured in inches of earthborn vibration. The amplitude is one-half (1/2) the total earth displacement, as measured with a three (3) component measuring system.

ANTENNA: A device used in the sending and receiving of electromagnetic waves.

APARTMENT HOUSE: Any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats, apartments, and multi-family dwellings. An apartment house is the same as a "multiple-family dwelling". "Apartment houses" and "multiple-family dwellings" refer to buildings or portions thereof, which are built, rented, leased, let, or hired out to be occupied on a permanent basis, as distinguished from a transient occupancy basis.

APPELLANT: An applicant or affected person who files an appeal of department action or who makes a request for reconsideration of a final decision of the Board.

APPLICANT: Any person, corporation, partnership, or other legal entity, who owns, or has an ownership interest, in the real property which is the subject of an application for a permit or approval made pursuant to this title, or any representative thereof.

APPROACH: The point of intersection or connectivity for a private road, common driveway or driveway with a publicly dedicated and maintained road for which approval has been given by the appropriate public highway agency.

APRON: The portion of an aircraft parking area (or tie down area) used for access between taxiways, aircraft parking positions, hangars, and storage facilities. An apron is outside the normal area of movement for aircraft.

AREA OF IMPACT (AOI): An area established pursuant to section 67-6526, Idaho Code, and designated by county ordinance which is adjacent to a city and where city growth and development are expected to occur.

AREA OF SPECIAL FLOOD HAZARD: See definition of special flood hazard area.

ASPHALT OR CONCRETE BATCH PLANT: A facility where asphalt or cement is mixed with aggregate to create hot mix asphalt or concrete paving materials. Such facilities do not include the actual manufacture or storage for resale or distribution of asphalt tars and oils or portland cement.

AUTOMOTIVE HOBBY: An accessory use involving the restoration, maintenance, and/or preservation of motor vehicles. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 607, 12-12-2024; Ord. 616, 6-26-2025)

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION: Height of floodwaters during discharge of the base flood as indicated on the FIRM, or as designated in accordance with the procedures set forth in subsection 8.7.205C of this title based on the greatest flood of record or the best available data available from FEMA or other authoritative sources, whichever is higher. The base flood elevation is measured in feet using the North American Vertical Datum of 1988 (NAVD88).

BASEMENT: Any area of a structure, including a crawl space, having a floor, finished or unfinished, below grade (ground level) on all sides.

BED AND BREAKFAST INN: An owner occupied single-family dwelling which provides up to five (5) rooms for lodging and meals for paying guests.

BEST MANAGEMENT PRACTICES (BMPs): Physical, structural, and land management practices which have been approved by the State of Idaho, Kootenai County, or other public agency with jurisdiction, that are designed to maintain or enhance water quality, to prevent or reduce water pollution and soil erosion, and to minimize the discharge of sediment and other pollutants. The Director may from time to time promulgate a list of publications that are recognized as BMPs.

BEST MANAGEMENT PRACTICES MANUAL FOR CONTAINING CRITICAL MATERIALS DURING STORAGE & HANDLING (the “BMP Manual”): The manual maintained by Panhandle Health District and its partners provides guidance on establishing proper methods for the storage and handling of critical materials that have the potential to contaminate the Rathdrum Prairie Aquifer.

BOARD: The Board of County Commissioners of Kootenai County, Idaho.

BOARDING KENNELS: See definition of kennel.

BOARDING STABLE: A structure designed for the feeding, housing, and exercising of horses not owned by the owner of the premises and for which the owner of the premises receives compensation. Boarding stables may include training and scheduled events such as horse shows, workshops and clinics.

BOARD OF HEALTH: The Board of Health of Panhandle Health District 1 (PHD).

BUFFER STRIP: A vegetated area that slows stormwater runoff and provides filtration. The effectiveness of buffer strips is determined by several factors that include soil type, slope, width and vegetation type.

BUILDING: See definition of structure.

BUILDING ENVELOPE: A designated area shown on a plat within which all structures must be located.

BUILDING HEIGHT: The vertical distance at the center of the building's front measured from the average elevation of the finished grade along the front of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof, excepting chimneys and steeples.

BUILDING LINE: A line denoting the outer perimeter of a structure that is permanently affixed to the land.

BUILDING RESTRICTION LINE: A line established by the Federal Aviation Administration across which no structural development may occur. These lines normally connect in such a fashion as to enclose an area in which no structures may be built, except those necessary and incidental to airport operations.(Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 545, 10-3-2019; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022; Ord. 601, 11-19-2024)

CAMPGROUND: One or more parcels of land which provide three (3) or more sites for cabins, yurts, or tents, or provide for the placement of tents, as temporary living quarters for recreation, camping, or vacation purposes. This definition shall not include sites meeting the definition of a "recreational vehicle park".

CHILDCARE: Care and supervision provided for compensation during part of a twenty four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child's or children's own home or homes.

CHILDCARE CENTER: A place or facility providing daycare services for compensation to seven (7) or more children not related to the provider, or to a total of thirteen (13) or more children.

CHURCH: See definition of Place Of Worship.

CITY ADDRESS PROTECTION AREA: That area within which a city will have the authority to designate addresses utilizing an address grid system that meets the needs of the city. All unincorporated parcels within a city address protection area shall be addressed as if they were within the city associated with that address protection area.

CLEAR ZONE OR CLEARWAY: An area beyond the stop end of a runway, not less than five hundred feet (500') wide, centered on the extended centerline of the runway, and controlled by airport authorities.

CLEARING: The removal of vegetation by manual, mechanical, or chemical methods.

COLLOCATION: The placement of additional antennas on an existing transmission tower or structure.

COMMERCIAL: A business enterprise which involves the purchase, sale or rental of goods or services, or is otherwise carried on for profit. The sale or rental of goods or services conducted by nonprofit entities shall also be included within this definition.

COMMERCIAL KENNEL: A kennel facility which includes one or more of the following activities:

   A.   Breeding for sale of more than two (2) litters each year; or

   B.   Offering a service for compensation in conjunction with the operation of the kennel, including, without limitation, training, grooming, boarding, or breeding; or

   C.   Raising of competition dogs for purposes of compensation, greyhound racing, sled dog racing, dog pulls or any other events; or

   D.   Any pet shop regularly selling dogs.

COMMERCIAL RESORT: A privately owned indoor and outdoor recreation area which is operated for profit. Activities which may be permitted as part of a commercial resort shall include those set forth in section 8.5.110 of this title.

COMMERCIAL RIDING ARENA OR EQUINE TRAINING CENTER OR FACILITY: Land, or a building or a part thereof, dedicated to clinics, workshops and training of horses. An equine training center or facility may include boarding stables.

COMMISSION: The Kootenai County planning and zoning commission established under section 8.8.301 of this title.

COMMON DRIVEWAY: A driveway that provides legal and physical access from a public or private road to between two (2) and four (4) parcels of land.

COMMUNITY STORMWATER SYSTEM: A BMP or series of BMPs for stormwater drainage and treatment which serves more than one parcel.

COMPLETE DEMOLITION or COMPLETELY DEMOLISHED: Any act or process that destroys or removes seventy-five percent (75%) or more of the exterior walls of a structure, improvement, or object.

CONDITIONAL USE: A use in which the issuance of a conditional use permit is required before the use may be established. Conditional uses are those which have been determined to be suitable for location in one or more particular zones, but require a special degree of review to ensure that the use will be compatible with other permitted uses within that zone, and that the use will not impose excessive demands upon public services and utilities.

CONDOMINIUM: Shall be as defined in section 55-101B, Idaho Code.

CONDOMINIUM PLAT: A plat setting forth a division of units for condominium ownership purposes where there is no subdivision of the land upon which the units sit.

CONSERVATION EASEMENT: Shall be as defined in section 55-2101, Idaho Code.

CONSERVATION ORGANIZATION: Any governmental entity or charitable corporation, association, or trust which may act as a holder of a conservation easement, as those terms are defined in section 55-2101, Idaho Code.

CONSERVATION SUBDIVISION: A subdivision design that maximizes the conservation of open space and the natural, cultural or historic characteristics of an area.

CONSTRUCTION: The process by which an improvement to any property, including, without limitation, any new structure or any additions or improvements to an existing structure, is made.

CONTIGUOUS: Describes parcels or other areas which share a mutual boundary line. Parcels or other areas which meet only at a common corner point shall not be considered to be contiguous.

CONTRACTOR STORAGE: Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trade or building craft.

CONVEY: To grant or transfer title to any interest in land to another person or legal entity.

CONVEYANCE: May mean either of the following, as the context may indicate:

   A.   A mechanism for transporting water from one point to another, including pipes, ditches, and channels; or

   B.   The transfer of title to, or grant of an interest in, real property. Conveyances may include land, improvements, easements, rights of way, or any other conveyable interest in real property.

COOPERATIVE CORPORATION: Any nonprofit corporation, partnership, limited liability company, or other nonprofit legal entity which operates on a cooperative basis, is owned, operated, organized and maintained by its members, and is operated for the purpose of providing goods or services to its members.

COTTAGE INDUSTRY: A commercial use of a residential parcel which is more intensive than a home occupation but is still incidental to the residential use of the site. Cottage industries are subject to the standards contained in section 8.4.504 of this title.

COUNTY: Kootenai County, Idaho.

CRAWL SPACE: The area inside an enclosed foundation area between the top of the grade and the lowest horizontal structural member.

CRITICAL MATERIAL: Any liquid, semi-liquid, flowable, or water soluble solid that is listed in SARA Title III List of Lists published by the U.S. Environmental Protection Agency Office of Solid Waste and Emergency Response, or is required by the U.S. Occupational Safety and Health Administration to have a safety data sheet (SDS), or any amendment thereto or superseding Act.

CRITICAL MATERIALS COMPLIANCE CERTIFICATE (CMCC): A certificate indicating compliance with the reporting and secondary containment requirements of this Chapter.

CRITICAL MATERIALS USE ACTIVITY: Any undertaking that involves the use, storage, manufacture or handling of critical materials at a facility as set forth in this article, or as incorporated into this article by reference.

CUT: To excavate into a hillside to create a flat area, or to steepen or flatten a bank. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 601, 11-19-2024; Ord. 611, 5-8-2025)

DATA CENTER: A facility or portion of a facility housing networked computer systems and telecommunications equipment used for remote storage, processing, and distribution of data.

DATUM: 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).

DAYCARE CENTER OR DAYCARE FACILITY: See definition of Childcare Center.

DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

DECLARATION OF CONDOMINIUM: A document, other than a condominium plat, which meets the relevant requirements of sections 55-1504 and 55-1505, Idaho Code.

DEPARTMENT: Kootenai County community development.

DEPARTMENT ACTION: The action from which an appeal has been taken, such as an administrative decision made by the director, the issuance of a notice of violation by the department, or the actions determined by the department to be necessary to remedy a violation for which a notice of violation has been issued.

DEPENDENT PERSON: A person who is incapable of living independently and without daily care as a result of a physical or mental impairment.

DESIGN PROFESSIONAL: A professional engineer, landscape architect, or geologist, registered for their respective profession by the state of Idaho, or a certified professional in erosion and sediment control (CPESC) as determined by the Soil And Water Conservation Society and the International Erosion Control Association.

DETAIN OR DETENTION: The temporary storage of stormwater runoff, used to control the peak discharge rates and provide gravity settling of pollutants.

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 of equipment or materials. For purposes of all provisions of this title other than Chapter 7, Article 7.2 thereof, this definition shall apply only to those activities which require a permit or approval pursuant to this title or Title 7, Chapter 1 of this code.

DIRECT ACCESS: A driveway or common driveway that directly intersects with a public or private road.

DIRECTOR: The director of Kootenai County community development, or his or her designee.

DOCK LOT: A parcel on the shoreline of a lake or river which derives its value primarily from its appurtenant riparian rights, including, without limitation, eligibility for a dock permit issued by the Idaho Department of Lands. Standards and limitations regarding access to and use of dock lots shall be as set forth in section 8.4.1410 of this title.

DOMESTIC FOWL: Any domestic bird, including chickens, turkeys, ducks, geese, pigeons, peacocks, and guineas.

DRAINAGEWAY: A watercourse that does not meet the definition of a class 1 or class 2 stream.

DRIVEWAY: A means of vehicular access providing legal access to one parcel which has an approach to a public road or connects to a private road or common driveway.

DWELLING: A building in which the primary use is residential in nature. Types of dwellings include the following:

Multiple-Family Dwelling: A building or portion thereof which contains more than two (2) dwelling units.

Single-Family Dwelling: A building which contains one dwelling unit or which meets the definition of a "group home".

Two-Family Dwelling: A site built structure containing two (2) dwelling units, which have either a common interior wall or a common roofline with a common exterior wall.

This definition shall not include hotels, motels, resort lodges, or similar facilities.

DWELLING EQUIVALENT: The total sewage loading from a single family dwelling. When applied to structures or facilities other than housing units, a dwelling equivalent shall be equal to two-hundred and fifty (250) gallons per day or be equal to twenty (20) persons using a non-residential facility on forty (40) hour per week basis, with no wastewater generation except from restrooms.

DWELLING UNIT: One or more rooms physically arranged so as to create habitable space that includes sleeping, eating, and sanitary facilities sufficient for occupancy by one family. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019; Ord. 546, 10-17-2019; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022; Ord. 620, 10-2-2025)

EARTHBORN VIBRATIONS: Cyclic movement of the earth due to energy propagation.

EASEMENT: A legal encumbrance of real property which conveys a right of use, usually for a certain stated purpose. Easements include, without limitation, the following:

Drainage Easement: A legal encumbrance which secures access to or across real property for the purpose of enabling the maintenance of drainage facilities, or which reserves other specified rights for the users and beneficiaries of drainage facilities contained within the boundaries of the easement.

Public Or Private Easement: A grant or dedication of a legal encumbrance of real property by the owner to specific persons, or to the public, which authorizes the use of the encumbered property for one or more specified purposes. This definition also includes any easement acquired by eminent domain, prescription, necessity, prior use, or other legal theory, which has been adjudicated by a court of competent jurisdiction.

ECOTOURISM: Tourist activities involving travel to natural areas that is intended to minimize environmental and social impacts, build environmental awareness, respect local cultures, and aid in improving the welfare of local populations.

ELEVATION CERTIFICATE: A form supplied by FEMA which is used to document important elevation information for buildings within special flood hazard areas. It is used to determine the proper flood insurance premium rate and to document elevation information necessary to ensure compliance with community floodplain management regulations. It may also be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR-F).

ENCLOSED FOUNDATION AREA: Any area consisting of three (3) or more solid foundation walls that create an enclosed area below the lowest floor.

ENCLOSURE: An area enclosed by solid walls below the BFE or FPE or an area formed when any space below the BFE or FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE or FPE is not considered an enclosure.

ENCROACHMENT: Any structure located below the ordinary high water mark of a navigable lake, river, or other body of water which is subject to the permitting authority of the Idaho Department of Lands.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

EROSION AND SEDIMENTATION CONTROL: Describes those BMPs which are employed to prevent or reduce erosion or sedimentation and are typically necessary when ground disturbance occurs.

EXCAVATE: Any act by which earth, sand, gravel, rock, or other earthen material is cut into, dug, uncovered, displaced, or relocated. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

FACILITY: For purposes of Article 7.4 of this title, any established land use, building, dwelling, structure, or site upon which or wherein a critical material use activity is conducted.

   A.   Fixed facility: Any facility above the secondary containment quantity set forth in Article 7.4 of this title.

   B.   Unfixed facility: Any facility below the secondary containment quantity set forth in Article 7.4 of this title.

FAMILY: One or more persons who occupy a dwelling unit and live as a single housekeeping unit, or those persons who reside in a group home. This definition shall not be applied in a manner which discriminates on the basis of race, color, ethnicity, religion, sex, national origin, disability, or familial status in violation of federal or state law.

FAMILY DAYCARE HOME: A home, place, or facility providing childcare for six (6) or fewer children.

FEEDLOT: An enclosed area where livestock are confined for the purpose of resale or slaughter.

FILL: A solid material which increases the ground surface elevation or the act of depositing such material by mechanical means.

FINAL PLAT: The final drawing of a subdivision and associated conveyances, to be recorded in the office of the county recorder.

FINANCIAL GUARANTEE: An irrevocable letter of credit, cash deposit, bank account, or surety bond, pledged to secure the performance of an obligation.

FLOOD CONTROL STRUCTURE: A manmade feature designed or constructed to reduce damage caused by flood events, including, without limitation, a dam, dike, channel, levy, or similar device.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated the special flood hazard areas and the risk premium zones applicable to the county. This term also includes digital flood insurance rate maps (DFIRM).

FLOOD INSURANCE STUDY (FIS): The "Flood Insurance Study For Kootenai County, Idaho, And Incorporated Areas", dated May 3, 2010, with accompanying flood insurance rate maps (FIRM) and/or digital flood insurance rate maps (DFIRM), and other supporting data. The FIS includes flood profiles, the flood boundary- floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry areas from the overflow of inland water or the unusual and rapid accumulation of runoff or surface waters from any source.

FLOOD PLAIN OR FLOODPLAIN: Any land area susceptible to being inundated by water from any source (see definition of flood).

FLOODPLAIN DEVELOPMENT: Any development occurring within a special flood hazard area. Floodplain development shall be subject to the regulations and permitting requirements set forth in chapter 7, article 7.2 of this title regardless of whether any other permit or approval would be required pursuant to this title or Title 7, Chapter 1 of this code.

FLOOD PROTECTION ELEVATION: An elevation corresponding to the elevation of the base flood (100-year flood), plus any increased flood elevation attributable to floodway encroachment, plus any required freeboard. In Kootenai County, the flood protection elevation shall be the base flood plus three feet (3').

FLOOD RESISTANT MATERIALS: Any building materials capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. Flood resistant materials are outlined in FEMA publication FIA-TB-2.

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.

FOOT-CANDLE: A measure of the amount of light cast onto a given point. One foot-candle is equivalent to one lumen per square foot. Foot-candles may be measured in a horizontal or vertical plane, at a specified height, or with no direction or height specified.

FOOTPRINT: The outline of the total area covered by a building’s perimeter at ground level.

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 three feet (3').

FRONTAGE: The portion of a parcel that adjoins the road used to access the parcel.

FRONTAGE LENGTH: The length of the portion of a parcel that adjoins the right of way, or if no defined right of way exists, the road used to access the parcel.

FUNCTIONAL CLASSIFICATION: The classification of roads based on their function with respect to both mobility and access. Functional classifications include interstate and state highways, principal and minor arterials, collectors and local streets. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 601, 11-19-2024)

GATED COMMUNITY: A subdivision with more than ten (10) residential lots which contains one or more controlled entrances for pedestrians, bicycles, and automobiles. Gated communities may be staffed by full time, private security guards, may lead into one or more small residential streets, and there may be walls or fences surrounding the perimeter of the development. Gated communities may also have various amenities which make it possible for residents to stay within the community for day to day activities.

GENERAL FARMING AND FORESTRY: The production of crops, timber and/or animals.

GRADE:

   A.   Ground level.

   B.   The slope of a road specified in percent (%).

GRADING: Any excavation, filling or movement of earth for the purposes of changing the shape or topography of the land.

GREEN SPACE: Shall be as defined in section 8.6.604 of this title.

GREENHOUSE: An establishment where flowers, shrubbery, vegetables, trees, and other horticultural products are grown in the open and/or in an enclosed building. Greenhouses include the following:

Commercial Greenhouse: A greenhouse which offers horticultural products for sale to the general public on a retail basis.

Wholesale Greenhouse: A greenhouse which offers horticultural products for sale on a wholesale basis. Any retail sales on the premises shall be limited to those occurring on an occasional and incidental basis.

GROSS ACREAGE: The size of a lot or parcel including one-half (1/2) of adjoining rights of way.

GROUND COVER: Low growing plants, or plants that grow horizontally on the ground, which are used to cover bare earth in order to prevent erosion, deter the growth of weeds, and create a uniform appearance.

GROUNDWATER: Water in a saturated zone or stratum beneath the land surface or a surface water body.

GROUP HOME: A single-family dwelling in which eight (8) or fewer unrelated elderly persons or persons with disabilities reside and who receive on site supervision in connection with their disability or age related infirmity. Resident staff, if employed, need not be related to each other or to any of the other persons residing in the group home. No more than two (2) of such staff members shall reside in the dwelling at any given time.

GUARANTEE OF FINANCIAL SURETY: A surety bond, cash deposit, or escrow account, irrevocable letter of credit, or other means acceptable to or required by the county to guarantee that infrastructure or improvements are completed in compliance with the project's approved plans. (Ord. 493, 6-9-2016)

HARDSHIP: For purposes of Chapter 3, Article 3.4 of this title, a situation or circumstance over which an owner of property designated as an agricultural protection area has no control, including, without limitation, an adverse result in litigation against the farm or landowner, death of the owner or a family member that would lead to unanticipated financial hardships, significant tax liabilities, bankruptcy due to another person’s fraud, or any other illegal activity.

HEALTH OFFICER: The Director of PHD, or any agent or employee thereof whose duties include enforcement of any provision of this article.

HEARING BODY: The entity charged with the conduct of a public hearing and a decision or recommendation on an application or appeal pursuant to the provisions of this title. The hearing body may be a hearing examiner, the planning commission, the historic preservation commission, or the board, as appropriate.

HEARING EXAMINER: Any person serving as a hearing examiner for Kootenai County, as established in section 8.8.303 of this title.

HELIPAD: A landing area or platform for helicopters. While helicopters are able to operate on a variety of relatively flat surfaces, a fabricated helipad provides a clearly marked hard surface away from obstacles where helicopters can land safely.

HIGHEST ADJACENT GRADE (HAG): 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.

HIGH WATER MARK, ORDINARY: See definition of Ordinary High Water Mark.

HIGHWAY: See definition of Road.

HIGHWAY DISTRICT: A public agency which has jurisdiction over public roads within Kootenai County pursuant to title 40, chapters 13, 14, and/or 17, Idaho Code.

HISTORIC PRESERVATION: The research, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archaeology or culture of this county, its communities, the state or the nation.

HOME OCCUPATION: An occupation, profession, or craft which is clearly incidental to the residential use of a site. Home occupations are subject to the standards contained in section 8.4.501 of this title.

HOSPITAL: A facility which meets the definition set forth in subsection 39-1301(a), Idaho Code, and has been duly licensed by the state of Idaho pursuant to title 39, chapter 13, Idaho Code.

HOTEL OR MOTEL: One or more buildings where lodging for a period of thirty (30) or fewer days is offered for compensation. This definition shall not include bed and breakfast inns, resort lodges, retreat centers, guest ranches, short term rentals, group homes, or childcare centers, nor shall it include facilities such as jails, hospitals, residential care facilities, prisons, or other similar medical or penal facilities.(Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019; Ord. 546, 10-17-2019; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022; Ord. 607, 12-12-2024)

IMPACT NOISE: A short duration or rapidly changing sound which causes fluctuations of the sound level meter needle in excess of plus or minus two (±2) decibels and is, therefore, incapable of being accurately measured on a sound level meter.

IMPERVIOUS SURFACE: Any hard surface area which prevents or retards the entry of water into the soil mantle, or causes water to run off the surface in greater quantities or at an increased rate of flow, when compared to natural conditions prior to development. Common impervious surfaces include, without limitation, roofs, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel and compacted native surface roads, compacted earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

INFRASTRUCTURE: Support facilities for a subdivision including, without limitation, water, sewage treatment, roads, fire protection, stormwater, and other utility systems. This term includes both project support facilities, and public system facilities serving the area.

JUNKYARD: Any outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including, without limitation, inoperable motor vehicles, vessels, or farm equipment, organic waste, lumber or other building materials, or structural steel materials and equipment. This definition shall not include parcels 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, nor shall it include parcels used for the sale of automobiles which are in operable condition, or the storage and sale of salvage materials incidental to lawful manufacturing operations. (Ord. 493, 6-9-2016)

KENNEL: Any parcel or combination of parcels, or any building, structure, or enclosure on such parcel or combination of parcels, in which a total of six (6) or more dogs, six (6) months of age or over, are kept or maintained by one or more persons. The term "kennel" shall not include any veterinary hospital, office or clinic operated by a veterinarian licensed by the State of Idaho. A noncommercial kennel is a kennel that does not meet the definition of "commercial kennel" set forth in section 8.9.103 of this chapter.

LABORATORY: A place devoted to scientific or experimental study such as testing and analysis.

LADDER FUEL: Shrubs, brush and woody debris that can carry a fire into the tree canopy.

LAKE: A body of perennial, standing open water, larger than one acre in size. Lakes include the bed, banks and wetlands below the ordinary high water mark. Lakes do not include drainage or irrigation ditches, farm or stock ponds, or settling or gravel ponds.

LAND DISTURBING ACTIVITY: Any manmade change to the land surface, including the removal of vegetation and topsoil, filling, and grading. This definition shall not include landscaping or agricultural land uses such as planting, cultivating and harvesting of crops or trees.

LANDFILL: A facility to which solid waste is brought for final disposal. Landfills may also include recycling facilities or energy generation facilities.

LANDSCAPE DESIGNER: An individual skilled in the trade of nursery operation or landscape design, to include the drafting of landscape plans and construction details, development of plant material lists, and construction material selection. Landscape designers do not need to have completed the State of Idaho qualifications necessary to be classified as a landscape architect.

LARGE ORGANIC DEBRIS (LOD): Live or dead trees, and parts or pieces of trees, that are large enough or long enough, or sufficiently buried in the stream bank or bed, to be stable during high flows. Pieces longer than the channel width, or longer than twenty feet (20'), whichever is shorter, are considered stable. LOD creates a diverse fish habitat and stabilizes stream channels by reducing water velocity, trapping stream gravel and allowing scour pools and side channels to form.

   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 FIRM or FIS. Upon submission and approval of certified as-built documentation, a LOMR may be issued by FEMA to revise the effective FIRM. Neither building permits nor flood development permits may be issued based on a CLOMR because a CLOMR does not change the NFIP map.

LIVESTOCK: Any large domestic or farm or ranch raised animal, including, without limitation, horses, cattle, pigs, sheep, goats, llamas, elk, bison, and other similar domestic animals. This definition does not include domestic fowl or potbellied pigs kept as pets.

LOT: A platted parcel of land which has been legally created.

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 a basement, which is used for living purposes, including, without limitation, working, storage, cooking and eating, recreation, or any combination thereof. This definition also includes any floor that could be converted to such a use including a basement or a crawl space that does not comply with the requirements of subsection 8.7.204 of this title. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure's lowest floor. A crawl space is not considered a building's lowest floor so long as it complies with the requirements of subsection 8.7.204 of this title.

LOWEST HORIZONTAL STRUCTURAL MEMBER: The bottom of the lowest floor joist of the lowest floor, the bottom of the concrete slab for slab on grade structures, or similar structural floor member, whichever is lowest.

LUMEN: A measure of the amount of light emitted by a light source. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 545, 10-3-2019; Ord. 546, 10-17-2019)

MAINTENANCE ENTITY: A private organization, such as a homeowners' association, water company or association, or road maintenance association, that provides maintenance for land, infrastructure or shared improvements within a subdivision.

MAJOR RECREATIONAL EQUIPMENT: Includes, without limitation, boats, boat trailers, travel trailers, "fifth wheel" trailers, pickup campers or coaches designed to be mounted on motor vehicles, motorized dwellings, tent trailers, and similar equipment, and cases or boxes used for transporting any such equipment, regardless of whether or not such equipment is actually contained therein.

MAJOR SUBDIVISION: A subdivision that proposes to create five (5) or more lots, or to redivide land that has been subdivided in the previous five (5) years when the two (2) subdivisions together will create five (5) or more lots.

MANUFACTURED HOME: Shall include any structure meeting the definition of either a manufactured home, as defined in subsection 39-4105(8), Idaho Code, or a mobile home, as defined in subsection 39-4105(9), Idaho Code. This definition shall not include park trailers (also known as park models) or recreational vehicles. For purposes of this title, manufactured homes are classified as follows:

   A.   Class A: A manufactured home that satisfies the following additional criteria:

      1. The home has a minimum living space of one thousand (1,000) square feet.

      2. The home shall have a pitched roof, except that no standards shall require a slope of greater than one foot (1') in height for each four feet (4') in width.

      3. The exterior siding of the home consists of wood, hardboard, or aluminum comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. Carports or garages shall be constructed of like materials.

      4. The home is placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve inches (12") above grade.

      5. The tongue, axles, transporting lights, and removable towing apparatus are removed from the home after placement on the lot and before occupancy.

   B.   Class B: A manufactured home that does not satisfy the criteria necessary to qualify as a Class A manufactured home.

MANUFACTURED HOME PARK: A parcel of land under single ownership on which three (3) or more manufactured homes are occupied as residences. A manufactured home park may include special facilities for common use of the occupants, such as recreational buildings, swimming pools, common open space, laundry facilities, and incidental commercial uses.

MECHANICAL GROUND DISTURBANCE: The use of mechanized or mechanically powered equipment in a manner that creates a disturbance within a stream protection buffer or the shoreline management area, regardless of whether the equipment itself is physically located within the applicable area. For example, a crane located outside a stream protection buffer which is operating a bucket with its boom in a manner that creates a disturbance within the stream protection buffer would be deemed to be causing a mechanical ground disturbance.

MEDICAL OR DENTAL CLINIC: A building or portion of a building containing offices for the provision of medical, dental, or psychiatric services for outpatients only.

MINISTORAGE FACILITY: A storage facility which contains multiple individual units available for sale or lease and meets the performance standards set forth in section 8.5.117 of this title.

MINOR SUBDIVISION: A subdivision that proposes to create four (4) or fewer lots. Property that has been subdivided within the previous five (5) years cannot be redivided as a minor subdivision unless the two (2) subdivisions together will create four (4) or fewer lots.

MITIGATE: To cause to become less harsh or hostile, to make less severe, or to lessen the negative consequences of an action.

MODULAR BUILDING: Shall be as defined in subsection 39-4301(10), Idaho Code.

MOTEL: See definition of Hotel Or Motel. (Ord. 493, 6-9-2016; amd. Ord. 614, 4-4-2025)

NATURAL GRADE: The natural state of the land before any manmade alterations, including, without limitation, dredging, filling, excavation, or drilling operations.

NATURAL SLOPE: The slope of the land prior to any manmade disturbance.

NATURALLY OCCURRING DRAINAGE SWALE: Natural drainage conveyances that provide for the discharge of stormwater to class 1 or class 2 streams, but have beds and banks which are stable and have vegetative cover.

NET ACREAGE: The size of a parcel excluding any portion of adjoining rights of way.

NO RISE CERTIFICATION: A certification by a licensed engineer that a project will not cause a set increase (0.00 feet) in flood heights.

NOISE COMPATIBILITY AREA: Land surrounding the Coeur d'Alene Airport within the 2028 sixty five (65) decibel day-night average sound level (65 DNL) noise contour delineated in the then current airport master plan.

NONCONFORMING PARCEL: A parcel that was lawfully established prior to the adoption of this title or previously applicable ordinances, and which was in compliance with land development regulations then in effect, but which no longer conforms to the regulations for the zone in which it is located. Examples include lots that do not meet the minimum lot sizes or open space requirements, or lots that have a substandard access driveway.

NONCONFORMING STRUCTURE: A building, sign, or other structure that was lawfully constructed prior to the adoption of this title or previously applicable ordinances, but which no longer conforms to the regulations for the zone in which it is located. Examples include signs and buildings that do not meet required setbacks to property lines or that exceed height or size requirements.

NONCONFORMING USE: The use of a parcel or structure that was lawfully established prior to the adoption of this title or previous applicable ordinances, and which was in compliance with land use regulations then in effect, but which no longer conforms to the regulations for the zone in which it is located. Examples include residing in a second home on a parcel which has not been approved as an accessory living unit, using a parcel in a manner that does not meet landscaping, parking or lighting requirements, using a parcel or structure for a business that is no longer allowed, or a permitted use which does not comply with applicable standards or permitting requirements.

NONDOMESTIC WASTEWATER: Any wastewater that is not produced as sanitary wastewater from restroom facilities, showers, or kitchens.

NONPROFIT TRADE OR BUSINESS ASSOCIATION: A public or private facility such as those utilized by business leagues, boards of trade, or other associations of persons having some common business interest, that is recognized by state and federal taxing authorities as a bona fide nonprofit entity. In order to be recognized as a nonprofit trade or business association, the entity's purpose must primarily relate to the promotion of such common business interest, and shall not be related to the regular transaction of business of a kind ordinarily carried on for profit.

NONRESIDENTIAL STRUCTURE: Any structure which is not used for residential purposes and is not considered accessory to a residential use (garage, barn, etc.). Examples of nonresidential structures include, without limitation, commercial, industrial, and community buildings. This definition shall not include encroachments.

NOTICE OF VIOLATION: A notice, issued by department staff, of the existence of any violation of any provision of this title.

NOXIOUS MATTER: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well being of individuals.

NOXIOUS WEED: Any plant which has the potential to cause injury to public health, crops, livestock, land or other property, and has been designated as a noxious weed by the director of the Idaho department of agriculture.

NUISANCE: Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, stream, canal or basin, or any public park, square, street or highway.

NURSING HOME: A home, place, or institution for the care of children, the aged or infirm, or a place of rest for those suffering bodily disorders. This definition shall not include facilities for the treatment of sickness or injuries or for surgical care. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

OCTAVE BAND: A prescribed interval of sound frequencies which permits classifying sound according to its pitch. Octave bands specified are those adopted by the American Standards Association as "preferred frequencies for acoustical measurements", S1.6-1960.

OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

ODOROUS MATTER: Any material, whether gaseous, liquid, or solid, that produces a response in the normal human nose.

OPEN SPACE: Any open area which may include, without limitation, areas such as parks, yards, playgrounds, beaches, waterways, parkways, patios, gazebos, walkways, driveways, or roads.

ORDINARY HIGH WATER MARK: The line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its vegetation and destroy its value for agricultural purposes.

OUTDOOR RECREATIONAL FACILITIES: Areas designed for active recreation, whether publicly or privately owned, which may include, without limitation, baseball diamonds, soccer and football fields, golf courses, tennis courts, swimming pools, outdoor riding arenas, and similar places of assembly for outdoor recreational activities.

OUTDOOR STORAGE: The placement or storage of items outdoors for a period of more than thirty (30) days. This definition includes storage within a structure that is open or not entirely enclosed.

OWNER: The legal property owner of record, based on information provided by the office of the Kootenai County assessor or the office of the Kootenai County recorder.

OWNER OCCUPIED: Real property actually occupied by the record owner of the property, according to the records of the Kootenai County assessor or the Kootenai County recorder, or at least one member of the record owner's immediate family. If the owner of such property is a corporation, partnership, limited liability company, estate, trust, or other legal entity, it shall be actually occupied by one or more persons who, in the aggregate, have at least a twenty percent (20%) share of ownership of the entity. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

PARCEL: Any portion of land that is separately described in a deed of conveyance. Parcel size shall be determined as set forth in section 8.4.1104 of this title.

PARK MODEL RECREATIONAL VEHICLE: A vehicle meeting the definition of park model recreational vehicle, as defined in section 49-117, Idaho Code.

PARK TRAILER OR PARK MODEL: See definition of park model recreational vehicle.

PERPETUAL OR IN PERPETUITY: Continuing forever; valid for all time.

PERSONAL STORAGE BUILDING: A structure used solely for the storage of personal property.

PLACE OF ASSEMBLY: Any building, other than a place of worship, which is used as a facility for the holding of events, including, without limitation, meetings, weddings, wedding receptions, community meetings, and other types of group gatherings. A place of assembly shall be owner occupied unless it is owned by a bona fide charitable, fraternal, benevolent, cultural, religious, or educational organization.

PLACE OF WORSHIP: An institution that people regularly attend to participate in or hold services, meetings, and other activities related to religious or spiritual worship. This term shall include all buildings in which any religious services or activities are held. In addition, a place of worship may include a rectory, parsonage, or other building containing the residences or offices of one or more clergy members or worship leaders. The application of this definition and the provisions of this title related to places of worship shall be applied in a manner which does not discriminate on the basis of religion, does not infringe upon the free exercise of religion, and does not constitute an establishment of religion or of any particular religion.

PLANNED UNIT DEVELOPMENT: An integrated design for development of residential, commercial or industrial uses, or combinations of such uses, under single ownership or control, in which the standards set forth in this title may be varied from those which would otherwise apply. PUDs allow for the creation and approval of development plans which provide flexibility and creativity in site and building design and location, so long as such plans are determined to be in accordance with the goals and policies of this title and the Comprehensive Plan.

PLAT: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, including certifications, descriptions, approvals, and associated conveyances.

PLAT AMENDMENT: A plat which makes changes to a previously recorded plat.

POST-FIRM: Floodplain development in which the start of construction occurred on or after March 1, 1982, the effective date of the initial Flood Insurance Rate Map (FIRM).

PRE-FIRM: Floodplain development in which the start of construction occurred before March 1, 1982, the effective date of the initial Flood Insurance Rate Map (FIRM).

PRELIMINARY SUBDIVISION PLAN: A map or drawing illustrating a preliminary subdivision proposal.

PRESCHOOL: A school, whether public or private, and whether for profit or nonprofit, which provides prekindergarten or kindergarten educational instruction to children under seven (7) years of age. A Head Start facility is a preschool which provides educational instruction as part of the national Head Start Program.

PRIMARY ACCESS POINT: That primary point designated on a public or private road, or common driveway, from which a driveway to a parcel or structure intersects the road or common driveway.

PRIVATE RESORT: A privately owned, noncommercial indoor and outdoor recreation area which complies with the standards set forth in section 8.5.205 of this title.

PRIVATE ROAD: See definition of road.

PROFESSIONAL FORESTER: An individual with at least a bachelor's degree in forestry from an institution of higher education accredited by the Society of American Foresters, or registration or licensure as a professional forester in any state, or certification as a professional forester by the Society of American Foresters, Association of Consulting Foresters, or similar organization.

PROFESSIONAL WILDLIFE BIOLOGIST: An individual with at least a bachelor's degree in wildlife biology, or who has been designated as a certified wildlife biologist or an associate wildlife biologist by the Wildlife Society.

PROPERTY LINE: A series of lines which, when connected, denote the outer perimeter of a parcel. A "metes and bounds" legal description describes the physical layout of property lines for one or more parcels of real property in accordance with generally accepted professional surveying practice.

PUBLIC HIGHWAY AGENCY: The Idaho Transportation Department, a highway district, or other State agency or political subdivision of the State with jurisdiction over public highways, public roads, and public rights-of-way.

PUBLIC OFFICE BUILDING: A structure used as the office or for the purpose of conducting official business by one or more agencies of the Federal government, the State of Idaho, or any political subdivision of the State of Idaho.

PUBLIC ROAD: See definition of road.

PUBLIC SAFETY FACILITY: A facility operated by the County or a city, fire protection district, ambulance district, or other similar public entity associated with the provision of firefighting, law enforcement, emergency medical, emergency communications, or emergency management services. Such facilities may include any of the following: offices, equipment storage, personnel quarters, meeting rooms, operations centers, training facilities, detention or correctional facilities, repair or maintenance facilities, or other support facilities or operations.

PUBLIC SERVICE FACILITY: A public facility operated by the County or any city, taxing district, or other public entity which is not a public safety facility or utility.

PUBLIC UTILITY: A public or private enterprise regulated by the Federal government, the State of Idaho, or any political subdivision or taxing district, which provides to the public a utility service deemed necessary for the public health, safety, and welfare. Public utilities may include, without limitation, systems for the delivery of natural gas, electricity, telecommunications services such as telephone, television, or internet, water, wastewater treatment and disposal, stormwater treatment and disposal, or solid waste disposal and recycling.

PUBLIC UTILITY COMPLEX FACILITY: A public utility facility of major importance involving construction of facilities of a complex nature including, but not limited to: station houses or station grounds, pumping stations, dam structures, water storage facilities which hold more than one hundred thousand (100,000) gallons or are greater than twenty five feet (25') in height, solid waste transfer stations, landfills, telephone transmission stations, sewage disposal or storage stations, railroad transportation lines, spurs, or classification yards, or other structures principally used in interstate transmission of electricity, natural gas, or fuel. This definition shall not include wireless communication facilities.

PUBLIC WATER SYSTEM: A water system serving ten (10) or more residences, or twenty five (25) or more people, for more than sixty (60) days per year. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 545, 10-3-2019)

RATHDRUM PRAIRIE AQUIFER: A groundwater aquifer located beneath the Rathdrum Prairie and the Purcell Trench in portions of northern Kootenai County and southern Bonner County. For purposes of this title, the Rathdrum Prairie Aquifer shall be defined as that portion of the larger Spokane Valley-Rathdrum Prairie Aquifer, as originally defined by the USGS map depicting the boundaries of the Spokane Valley-Rathdrum Prairie Aquifer identified and designated under the authority of Section 1424(e) of the Safe Drinking Water Act (PL 93-523) at 43 F.R. 5566-67 (Feb. 9, 1978), which is situated in Kootenai County.

RECOGNIZED LAKES: Coeur d'Alene Lake, Fernan Lake, Hauser Lake, Hayden Lake, Pend Oreille Lake, Spirit Lake, Upper Twin Lake, Lower Twin Lake (including the "midchannel" area), Rose Lake, Bull Run Lake, Killarney Lake, Cave Lake, Medicine Lake, Swan Lake, Black Lake, Blue Lake, Thompson Lake, and Anderson Lake.

RECREATIONAL BUILDING: Any building which provides indoor recreational activities for use by the general public including, but not limited to, nonprofit or public buildings, such as libraries, museums, art galleries, etc.

RECREATIONAL FACILITY: Any facility which provides indoor or outdoor recreational activities for use by the general public.

RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The types of recreational vehicles are camping trailers, fifth wheel trailers, motor homes, travel trailers, and truck campers, each of which is defined in subsection 39-4201(2), Idaho Code.

RECREATIONAL VEHICLE PARK: A parcel of land upon which three (3) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles, or tents, as temporary living quarters for recreation, camping, or vacation purposes.

RE-ENTRY FACILITY: A facility that allows offenders to work while becoming reunited with families and the community, offers selected offenders who are nearing release a chance to prepare themselves for release, and provides protection to the community through high accountability and security of the offenders housed in the facility.

REGULATORY FLOOD: A flood determined to be representative of large floods known to have occurred in Idaho and which may be expected to occur on a particular stream because of like characteristics. The regulatory flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed. In inland areas, the flood frequency of the regulatory flood is once in every one hundred (100) years; this means that in any given year there is a one percent (1%) chance that a regulatory flood may occur or be exceeded.

REGULATORY FLOODWAY: See FLOODWAY.

RENTAL WAREHOUSE: A storage facility available for sale or lease, with or without individual units, that does not meet the standards set forth in subsection 8.5.117C of this title.

RESIDENTIAL ACCESSORY STRUCTURE: A structure which is accessory to, and detached from, a residential structure, including, without limitation, garages, barns, or storage sheds. This definition shall not include accessory living units, temporary hardship uses, or encroachments.

RESIDENTIAL CARE FACILITY: A facility in which nine (9) or more unrelated elderly persons or persons with disabilities reside, generally on a long-term basis, and receive on-site supervision in connection with their disability or age related infirmity. The facility may also provide short-term rehabilitation services for such persons. Resident staff, if employed, need not be related to each other or to any of the other persons residing in the facility.

RESIDENTIAL STRUCTURE: Any building that contains living facilities, including provisions for sleeping, eating, cooking and sanitation. This definition includes accessory living units and temporary hardship uses, but shall not include encroachments..

RESIDENTIAL ZONE: Refers to the Agricultural, Rural, Agricultural Suburban, Restricted Residential, and High Density Residential Zones.

RESORT LODGE, RETREAT CENTER, OR GUEST RANCH: An owner occupied facility, including a lodge and/or resort cabins with or without food service, which serves as a destination point for visitors and relies on its rural location and the natural environment to provide recreational facilities and activities for the use of guests such as horse riding, hiking, fishing, and boating. Temporary use of these facilities for meetings, recreation, or education is permitted as an accessory use. Wedding and reception facilities are also permitted as an accessory use.

RETENTION: The holding of runoff in a basin without release except by means of evaporation, transpiration, infiltration, or emergency bypass.

RIGHT-OF-WAY: Land conveyed, dedicated, reserved, or otherwise acquired for use as a road. In addition to the roadway, a right- of-way may also incorporate curbs, utilities, lawn strips, sidewalks, parking lanes, or lighting and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts and bridges. Types of rights-of-way include the following:

Private Right-Of-Way: Land conveyed, dedicated, or reserved for use as a private roadway for one or more parcels of land, and which may also incorporate public or private utilities or service areas.

Public Right-Of-Way: Land conveyed to a public highway agency, dedicated to a public highway agency or to the public, or acquired by a public highway agency by eminent domain, prescription, or other legal cause of action, which are under the jurisdiction of a public highway agency.

ROAD: A roadway, plus all necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the roadway. This definition shall not include driveways or common driveways. Types of roads include the following:

Private Road: A road which has not been accepted for maintenance by a public highway agency and which does not meet the definition of a "driveway" or a "common driveway". Owners of property served by a private road are able to lawfully exclude persons from using the road who do not have either the legal right or permission to use the road unless the road is located within a public right-of-way.

Public Road: A road which has been accepted for maintenance by a public highway agency and which may be used by the public at large.

ROADWAY: A surface which has been designed and constructed, or has been improved, or is ordinarily used, for vehicular travel.

RUNWAY: A defined rectangular area on an airport prepared for the landing and takeoff of aircraft. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 545, 10-3-2019; Ord. 552, 10-15-2020; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022)

SANITARY RESTRICTIONS: Water and sewer requirements imposed on a subdivision plat in accordance with section 50-1326, Idaho Code.

SCARIFY: To break up or loosen the ground surface of an area.

SCHOOL: Any land, building or part thereof, whether publicly or privately owned, which is used for the provision of education, instruction or training in any branch of knowledge. This definition shall include schools providing instruction for any grades between first and twelfth grade (and may also include prekindergarten or kindergarten), and shall also include colleges, universities, and professional, vocational, technical, or trade schools.

SECONDARY CONTAINMENT QUANTITY: The quantity of a critical material that requires compliance with Article 7.4 of this title. For those critical materials specifically listed in the SARA III List of Lists (or as otherwise noted), the following quantities of qualifying substances are subject to the provisions of Article 7.4 of this title:

   A.   SARA Section 302 Extremely Hazardous Substances: Ten (10) pounds in the aggregate, exclusive of solvent or other medium or, one hundred (100) pounds in the aggregate, inclusive of solvent or other medium.

   B.   CERCLA Hazardous Substances (listed in 40 C.F.R. § 302, Table 302.4): One hundred (100) pounds in the aggregate, exclusive of solvent or other medium or, one thousand (1,000) pounds in the aggregate, inclusive of solvent or other medium.

   C.   SARA Section 313 Toxic Chemicals: One hundred (100) pounds in the aggregate, exclusive of solvent or other medium or, one thousand (1,000) pounds in the aggregate, inclusive of solvent or other medium.

   D.   SARA Section 311 and 312 Chemicals (Not listed in the List of Lists) for which a safety data sheet (SDS) must be developed pursuant to OSHA Hazard Communication Standards: Five thousand (5,000) pounds in the aggregate, inclusive of solvent or other medium.

SEDIMENT: Fragmented material that originates from weathering and erosion of rocks or unconsolidated deposits and is transported by, suspended in, or deposited by water.

SEDIMENTATION: The deposition of sediment on ground surfaces and in watercourses.

SENSITIVE AREAS: Any of the following areas:

   A.   Land in, or within three hundred feet (300') of wetlands, streams, lakes, or other surface water bodies; or

   B.   Areas where the water table is within six feet (6') of ground surface at any time of the year; or

   C.   Areas with slopes of twenty five percent (25%) or greater, or that exhibit signs of instability; or

   D.   Soils identified by the Idaho geological survey as colluviums or residuum; or

   G.   Historic or archaeological resources identified as such by the historic preservation commission, or by any federal, state, tribal or local agency with jurisdiction.

SETBACK: A line governing the placement of buildings and other structures with respect to parcel lines, roads, runways, or taxiways.

SEWAGE DISPOSAL SYSTEM: A system of piping, treatment devices, receptacles, structures, or areas of land designed, used or dedicated to convey, store, stabilize, neutralize, treat or dispose of wastewater. This definition includes individual sewage disposal systems such as a septic system and drainfield.

SEWAGE LOADING: The total liquid volume of sewage produced on any given parcel of land and expressed as gallons per day.

SEXUALLY ORIENTED BUSINESS:

   A.   A commercial establishment that devotes a significant or substantial portion of its business to any one or more of the following:

      1. The sale, rental or viewing of any printed, audio, or visual materials, whether in physical, mechanical, or electronic format, which are characterized by an emphasis upon the depiction, display or exhibition of specific sexual activities or specific anatomical areas, whether or not such materials are constitutionally protected; or

      2. The sale or rental of instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specific sexual activities; or

   B.   A commercial establishment that devotes a significant or substantial portion of its stock in trade, floor space, shelf space, storage space, advertising, or marketing to the items listed in subsection A of this definition, or that derives a significant or substantial portion of its revenues from the items listed in subsection A of this definition.

   C.   Related definitions include the following:

      1. Specific Anatomical Areas: Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus, or female breasts below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      2. Specific Sexual Activities: Includes any of the following:

         a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

         b. Sexual acts, whether actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;

         c. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, pleasure, or abuse;

         d. Human genitals in a state of sexual stimulation or arousal; or

         e. Excretory functions as part of or in connection with any of the activities set forth in this definition.

SHORELINE: Land adjacent to, and landward of, the ordinary high water mark of a recognized lake, the Coeur d'Alene River, or the Spokane River.

SHORELINE MANAGEMENT AREA: The area within twenty five feet (25') in slope distance landward of the ordinary high water mark of all recognized lakes and the Coeur d'Alene and Spokane Rivers.

SHORELINE STABILIZATION: The use of structures, riprap, vegetation, or other land management practices to provide shoreline protection along lakes, rivers, and streams from current and continued erosion.

SIGN: Any device, structure, fixture, display, painting or visual image using words, graphics, symbols, numbers, letters or lights to convey information or attract attention. Signs include their structure and component parts, and typically identify a residence or place of business, provide information, or direct attention to a subject matter, product, service, event, place, activity, institution, or organization. Signs may contain constitutionally protected speech or expression. Related definitions include the following:

Animated Sign: A moving sign or display, or a sign depicting action or motion, through electrical or mechanical means.

Awning Or Canopy Sign: A sign located on an awning or canopy that is attached to a building.

Banner: A sign or display on lightweight fabric or similar material.

Electronic Message Center: A variable message sign using computer generated messages or some other electronic means of changing copy.

Flashing Light, Sign Or Display: A sign, light or display with lighting or messages that change more than once every four (4) seconds.

Illuminated Sign: A sign illuminated internally through its face by a light source contained inside the sign, or externally by reflection of a light aimed at its surface.

Monument Sign: A sign with low overall height, supported by a footing in the ground, the sole purpose of which is to support the sign, where the entire base of the sign is in contact with the ground.

Off Premises Sign: A sign that is not accessory to or associated with a permitted structure or use on a parcel of land, such as a sign that directs attention to a business, product, service, entertainment, event or other activity that is conducted, produced, furnished, sold, or offered at another location.

On Premises Sign: A sign that is located on the same parcel of land as the owner or lessee's business, organization, product, service, event, activity, or residence, and that is accessory to or associated with an allowed structure or use.

Pole Sign: A sign, other than a monument sign, that is supported by a footing in the ground, the sole purpose of which is to support the sign.

Portable Sign: A sign capable of being carried or easily moved.

Projecting Sign: A sign, other than a wall sign, that projects from and is supported by the wall of a building or structure with the face of the sign perpendicular to the building.

Roof Sign: A sign erected upon the roof of a building or the top of a structure.

Sign Face: The surface of a sign on which a message is displayed.

Temporary Sign: An easily removable sign, constructed of plywood or other nondurable material, which is displayed for a short period of time.

Wall Or Building Mounted Sign: A sign painted on, applied to, or attached to the exterior surface of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall, and where no part of the sign structure extends more than sixteen inches (16") out from that surface.

SITE: The parcel of land on which development is occurring, will occur, or is proposed to occur. A right-of-way shall be considered a separate site from adjacent properties.

SITING AREA: That portion of a parcel that contains the transmission tower, and related buildings and equipment, required for the operation of a wireless communication facility.

SLOPE: An incline, described by the vertical change in elevation that occurs in one hundred feet (100') of horizontal distance (rise divided by run), expressed in percent (%). Slope is measured perpendicular to the contour of the land, and is the maximum incline for a given area.

SOLID WASTE RURAL COLLECTION SITE: A facility at which solid waste may be disposed and held while awaiting transfer to a solid waste transfer station or to a landfill.

SOLID WASTE TRANSFER STATION: A facility at which solid waste may be disposed, separated and held while awaiting transfer to a landfill, recycling facility, energy generation facility, or other final disposal site. Transfer stations may also include recycling facilities or energy generation facilities.

SOUND LEVEL METER: An instrument, including a microphone, amplifier, output meter, and frequency weighing network, for the measurement of noise and sound levels in a specified manner.

SOUND PRESSURE LEVEL: The intensity of sound measured in decibels (dB), as recorded or indicated on a sound level meter.

SPECIAL EVENT: Any outdoor public assembly in which persons are gathered together for commercial, civic, or social functions, recreation, or for food or drink consumption, including, without limitation, outdoor musical concerts, festivals, fairs, or carnivals, which may be expected to have or have five hundred (500) or more people at any given time. The Kootenai County Fairgrounds shall be exempt from the provisions of this title which pertain to special events and special event locations. Permitting requirements for special events shall be in addition to the permitting requirements for marine events regulated under section 67-7030, Idaho Code.

SPECIAL EVENT LOCATION: A site that has been approved to hold one or more special events. This definition shall also include stadiums and arenas, as defined in this section.

   A.   An annual special event location is a site that has been approved to hold one special event for a period of no greater than five (5) consecutive days in any given calendar year.

   B.   This definition shall not include the Kootenai County Fairgrounds or commercial riding arenas.

SPECIAL FLOOD HAZARD AREA (SFHA): The land within a floodplain which is subject to a one percent (1%) or greater chance of flooding any given year. The boundaries of the special flood hazard area shall include all areas designated as Zone A or AE on the FIRM, and shall also include all areas designated in accordance with the procedures set forth in subsection 8.7.205C of this title based on the greatest flood of record or the best available data available from FEMA or other authoritative sources.

SPOIL PILE: Soil or rock excavated from an area which may be used for backfill or final grading on site.

STABILIZED CONSTRUCTION ENTRANCE: A stabilized pad of clean, crushed rock located where traffic enters or leaves a construction site.

STADIUM OR ARENA: A field or court which is fully or partially enclosed by a building or structure with tiers of seats (which may be seats, bleachers, risers, or stands) for one thousand (1,000) or more spectators.

STORAGE UNIT: A nonhabitable building or portion of a building used for storage of equipment or materials associated with a primary or accessory use of the site. Storage units are typically distinguished from habitable space by having a door at least eight feet (8') in width to access the storage area.

STORMWATER: That portion of precipitation that does not naturally percolate into the ground, evaporate, or transpirate, but instead flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility.

STORMWATER CONTROL: Those BMPs which are employed to convey, direct, treat, or dissipate stormwater and are typically necessary when impervious areas are created or natural drainage is interrupted.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purpose of this title when more than one-half (1/2) of such basement height is above the established curb level or above the finished lot grade level where curb level has not been established.

STREAM: A watercourse of perceptible extent with a definite bed and banks which confines and conducts continuously or intermittently flowing water. A definite bed is a bed having a sandy or rocky bottom which results from the scouring action of water flow. This definition shall include both natural or manmade channels, but shall not include dead end streams (streams which infiltrate into the ground prior to reaching a larger body of water) which do not support fish or other beneficial uses. This definition shall not include the Coeur d'Alene River, Spokane River, or any recognized lake. For purposes of this title, streams are classified as follows:

   A.   Class 1 Stream: A stream which is used for domestic water supply or by fish for spawning, rearing, or migration. Such waters will be considered to be class 1 upstream from the point of domestic diversion for a minimum distance of one thousand three hundred twenty feet (1,320').

   B.   Class 2 Stream: A stream that does not provide fish habitat. Class 2 streams are usually found in headwater areas or minor drainages, and their principal value lies in their influence on water quality or quantity downstream in class 1 streams.

STREAM PROTECTION BUFFER: The area encompassed by a slope distance of seventy five feet (75') on each side of the ordinary high water mark of a class 1 stream, or thirty feet (30') in slope distance on each side of the ordinary high water mark of a class 2 stream.

STREET: See definition of Road.

STRUCTURAL ALTERATION: Any change, other than ordinary maintenance or repairs, which is intended to prolong the life of the supporting members of a building, such as the bearing walls, beams, or girders.

STRUCTURE: That which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner. This definition includes structures for which a building permit is required and structures which are exempt from building permit requirements. This definition shall also include storage tanks for liquid or gaseous materials that are principally above ground.

SUBDIVISION: The division of a parcel of land into two (2) or more parcels through the recordation of a plat or deed effectuating the division.

SUBSTANTIAL CHANGE: Any change that will likely cause a material or directly relevant bearing on the decision making process or on the reasonable expectations of the public, or of one or more agencies, with respect to information provided at the time of application.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure in which the cost of restoring the structure to its previous condition would equal or exceed fifty percent (50%) of its market value before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term also includes structures which have incurred "substantial damage", regardless of the type or cost of the actual repair work performed.

   A.   For purposes of this definition, the start of construction shall be deemed to be the date on which the building permit was issued so long as actual construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days after that date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, 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.

   B.   The market value of the structure shall be the market value of the structure before the start of the initial repair or improvement, or in the case of damage, the market value of the structure before the damage occurred. Market value of the existing structure shall be considered to be the most current value of the structure as determined by the office of the Kootenai County assessor, or in an appraisal from an Idaho licensed or certified appraiser. The value of the proposed work shall be determined using the department's valuation as figured in establishing building permit fees.

   C.   This definition shall not include the following:

      1.   Any project for improvement of a structure to comply with then currently adopted building codes; and

      2.   Any alteration of a structure listed on the national register of historic places or a state inventory of historic places, providing the alteration will not preclude the structure's continued designation as a historic structure.

SURFACE MINE: An area where minerals are extracted by removing the overburden above and adjacent to natural deposits of minerals, and mining the deposits thereby exposed.

SURFACE MINING: Activities performed within a surface mine as part of the process of extracting minerals from the ground, including the excavation of pits, removal of materials, disposal of overburden, and the construction of haul roads. For purposes of this title, extraction of rock or fill material, or the processing of rock or other road materials, by a highway district shall not be considered surface mining activity when the activity is carried on within a public right-of-way or an immediately adjoining property during temporary construction activity associated with publicly maintained roadways.

SURFACE WATER: All lakes, rivers, streams, wetlands, and similar features, and any feature which acts as a conveyance of water to a surface water feature. Conveyance features may include natural or manmade ditches. This definition shall not include ponds, springs, or similar features that are entirely contained within a parcel of land, nor shall it include conveyance features that infiltrate the water being conveyed, such as dead end streams. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; amd. Ord. 545, 10-3-2019; Ord. 546, 10-17-2019; Ord. 574, 3-22-2022; Ord. 578, 9-8-2022; Ord. 601, 11-19-2024)

TAXIWAY: A defined path from one part of an airport to another for the taxiing of aircraft to and from a runway.

TEMPORARY HARDSHIP USE: A temporary residence which is used as a dwelling unit for a dependent person when such use is located on the same parcel as the dwelling of the owner of the property. Such use, when permitted, shall be considered an accessory use that is personal to the then current owner, and shall not be transferable upon the sale or lease of the property.

TOPOGRAPHIC MAP: A map with lines of equal elevation, showing the relief and configuration of the ground surface.

TOPOGRAPHY: The configuration of the ground surface.

TOPSOIL: The darker colored, more friable upper position of the soil, down to such restrictions as claypans, hardpans, coarse sand and gravel, or rock.

TOXIC MATERIALS: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

TRANSITIONAL GROUP HOUSING FACILITY: A facility for the transitional housing or sheltering of nine (9) or more disabled, indigent, or abused persons. Resident staff, if employed, need not be related to each other or to any of the other persons residing in the facility. For purposes of this definition:

   A.   "Disabled" shall have the same meaning as the term "qualified individual with a disability", as set forth in the Americans With Disabilities Act of 1990 and associated regulations, and shall also include those persons determined to be disabled by the Social Security Administration or the Department of Veterans Affairs, or pursuant to the workers' compensation laws of any state.

   B.   "Indigent" shall mean any person who does not have sufficient income or assets to provide for his or her basic needs, including food, clothing, shelter, and transportation, and, if applicable, the basic needs of his or her family.

   C.   "Abused" shall mean any person who is the victim of domestic battery, injury to a child, or any crime of a sexual nature, as defined in title 18, Idaho Code, similar Federal law, or similar law of any other state, whether or not the alleged perpetrator was charged with such crime.

TRANSMISSION TOWER: A tower such as a self-supporting lattice, monopole structure, or other similar construction, which elevates a wireless communication antenna and may also include accessory transmission and receiving equipment.

TREATMENT: Removal of sediment or other pollutants from stormwater.

TREE: A woody perennial plant with a single, well defined stem. (Ord. 493, 6-9-2016; amd. Ord. 517, 1-25-2018)

UNOBTRUSIVE: Inconspicuous; not prominent.

USE: The purpose or activity for which the land, or building thereon, is designed or intended, or for which is occupied or maintained, and shall include any manner or performance of such activity with respect to the standards set forth in this title.

UTILITY: A service provided to one or more subdivisions or to five (5) or more parcels, which may include, without limitation, water, electricity, natural gas, telephone, television, internet, wastewater treatment and disposal, stormwater treatment and disposal, or solid waste disposal and recycling.

UTILITY COMPLEX: A facility providing one or more utility services which does not rise to the level of a public utility complex facility. A utility complex is more local in application and scope than a public utility complex facility. Utility complexes include electrical distribution substations, natural gas gate stations, natural gas regulator stations, solar or wind facilities, solid waste rural collection sites, and other similar facilities which are located to support load demand and overall system operations for better customer service. This definition shall not include wireless communication facilities.

UTILITY SERVICES: Transmission, distribution and service lines, pipes and facilities installed, operated, and/or maintained within established utility corridors, easements, public rights- of-way, or other utility sites, or constructed, installed and/or maintained in connection with or ancillary to other approved uses.

VARIANCE: Shall be as defined in section 67-6516, Idaho Code.

VESTED: Guaranteed as a legal right. Except as otherwise provided in this title, a complete application must be submitted in order to be considered vested.

VESTING: The legal right to have an application processed in accordance with the regulations in effect at the time the application was submitted.

VETERINARY CLINIC OR HOSPITAL: A place where animals are given medical care and the boarding of animals is limited to short term care incidental to the hospital use. (Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017; Ord. 517, 1-25-2018)

WATER SYSTEM: A system of wells, pumps, piping, treatment devices, receptacles, and structures, designed, used or dedicated to obtain, convey, treat, or store water. A shared water system is a system that serves two (2) or more lots within a subdivision.

WATERSHED: The surrounding land areas from which water drains to a given point.

WETLAND PROTECTION BUFFER: An area maintained in its natural state around a wetland.

WETLAND SPECIALIST: A specialist in the field of wetlands delineation and assessment. A wetlands specialist has the ability to delineate wetlands, assess the function and value of particular wetlands, and provide assistance with wetland regulations and permits, including the completion of application and permit forms, and provide technical advice about avoidance, minimization and compensatory mitigation of effects to wetlands. A wetlands specialist shall have, at a minimum, a Bachelor's of Science degree from an accredited university in biology, botany, ecology, environmental science, or similar related field, plus either a minimum of two (2) years of full time field experience as a wetlands professional, or additional education that includes completion of a wetland specific training program. Proof of field experience may be in the form of certification from the Society of Wetlands Specialists, or in the form of a listing of accepted and approved plans from the U.S. Army Corps of Engineers or other applicable local, State or Federal agencies. Any additional education or training must include comprehensive information on wetland hydrology, hydric soils and hydrophytic vegetation. Experience in wetland delineation should include delineation of wetlands using State or Federal regulatory manuals, preparing wetlands delineation reports as outlined by State or Federal regulations, conducting wetland function and value assessments, and developing and implementing mitigation plans.

WETLANDS: Those areas that are inundated or saturated by surface or ground water, at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. A jurisdictional wetland is a wetland which the U.S. Army Corps of Engineers has determined is part of the waters of the United States for purposes of Federal jurisdiction and regulation.

WILL SERVE LETTER: A written statement from the owner of a water and/or sewage treatment provider indicating that the system has the capacity to provide water or sewage treatment service, and that the owner is willing to provide that service to all of the lots in a proposed subdivision.

WIRELESS COMMUNICATION FACILITY: Any facility designed and used for the purpose of transmitting, receiving, or relaying voice and data signals. WCFs include siting areas, transmission towers and antennas. This definition shall not include towers less than twenty feet (20') in height that are mounted upon another structure, or facilities with towers less than forty feet (40') in height above natural ground level.

A public safety wireless communication facility is a WCF which is owned by a public entity which provides emergency communications (911), fire, law enforcement, emergency medical services, or emergency management services, and is used for one or more of those purposes.

Public safety wireless communication facilities shall also include privately owned WCFs that are part of a system designed to provide broadband Internet services to unserved or underserved rural areas of Kootenai County which has received funding from the Idaho Coronavirus Financial Advisory Committee (CFAC) broadband initiative grant program in accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. (Ord. 493, 6-9-2016; amd. Ord. 549, 7-7-2020)

YARD: An open space on a parcel, other than a courtyard, which is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this title. Types of yards include the following:

Front Yard: A yard extending along the full length of the front lot line between the side lot lines.

Rear Yard: A yard extending along the full length of the rear lot line between the side lot lines.

Side Yard: A yard extending along a side lot line from the front yard to the rear yard.

ZONE: All land and water areas within a stated zone boundary.

ZOO: A collection of living animals located and housed for public display. (Ord. 493, 6-9-2016)

For purposes of this title, the acronyms set forth below shall have the following meanings:

 

(Ord. 493, 6-9-2016)

For purposes of this title, the abbreviations set forth below shall have the following meanings:

 

(Ord. 493, 6-9-2016)