For the purposes of this title, certain terms are defined as set forth in this chapter.

All words in the present tense include the future tense; the plural includes the singular and all words in the singular, include the plural unless the natural construction of the sentence indicates otherwise. "Shall" is always mandatory.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Accessory building" means a building which is subordinate to, and incidental to the principal building on the same lot, but does not include any building containing a dwelling unit as hereinafter defined.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Accessory use" means a use incidental and subordinate to the principal use of the premises.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Agriculture" means the tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughter houses and commercial feed lots.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Airport" means any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Animal hospital" means any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Apartment" means a room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Automobile sales lot" means premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"Automobile service station" means premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories and providing vehicular lubrication and related services, including minor motor vehicle repairs.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Automobile wrecking yard" means any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operating condition are standing more than thirty days, or on which used motor vehicles, or parts thereof, are dismantled or stored.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Block" means the space along one side of a street between the two nearest intersecting streets, or between an intersecting street and a right-of-way, waterway or other similar barrier, whichever is lesser.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Boarding house" means a building other than a hotel or restaurant where meals are provided for compensation to three or more person, but not more than twelve persons who are not members of the house-holder's family.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Building" means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"Detached building" means a building surrounded by open space on the same lot.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Nonconforming building" means any building which does not conform to the requirements of this title.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Government building" means a building owned or used by the federal, state, county or city government, or any political subdivision, agency or instrumentality thereof.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Business" or "commerce" means the purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"City" means the city of McCammon, Idaho.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"City clerk" means the city clerk of the city.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Commission" means the planning-zoning commission of the city. The planning commission is declared to also be the zoning commission of the city. Without a planning commission, the City Council will be the zoning commission of the city.

(Idaho State Code Section 50-406)
(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Comprehensive general plan" means the comprehensive general plan for the city officially adopted by the council as such.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Conditional use" means a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Drive-in establishment" means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

A building, or portion thereof, containing one or more dwelling units. "Dwelling" does not include any trailer, motel, hotel, guest house or boarding house as defined in this chapter.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"High rise multiple-family dwelling" means a multiple-family building or portion thereof, containing five or more stories and which may include off-street parking facilities, and having at least one passenger elevator to service the dwelling units.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Multiple-family dwelling" means a building or portion thereof, containing three or more dwelling units.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Single-family dwelling" means a building designed for use and occupancy by no more than one family.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Two-family dwelling" means a detached building designed for and occupied exclusively by two families living independently of each other.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Dwelling unit" means one or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Gross floor area" means the sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Net floor area" means that portion of the gross floor areas of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of mansard roof or the average height gable of a pitch or hip roof.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions:

1. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
   
2. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof.
3. The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.
4. The use creates no additional traffic and requires no additional parking space.
5. No persons are employed other than those necessary for domestic purposes.
6. Not more than one-fourth of the gross areas of one floor of the dwelling is used for such use.
7. The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Junk yard" means an outdoor space where junk, waste, discarded or salvaged material are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Commercial kennel" means any lot or premises or portion thereof, on which three or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Off-street loading and unloading space" means an open off-street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Lot" means a unit of land described by metes and bounds or a part of a recorded subdivision so recorded for transfer of ownership.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"Corner lot" means a lot which is bounded on two or more sides by street lines where the angle of intersection does not exceed one hundred thirty-five degrees.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Lot coverage" means the area of a lot occupied by the principal building or buildings and accessory buildings.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Lot line" means the boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line or most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a sideline in common with another lot.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Lot width" means the horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Mobile home" means a detached single-family dwelling unit with all the following characteristics:

1. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments or outside systems;
   
2. Designed to be transported after fabrication on its own wheels or on flat bed or other trailers or detachable wheels;
   
3. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

Any area, tract, plot or site of land, whereupon two or more mobile homes are placed, located and maintained for dwelling purposes on a permanent or semi-permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person holding the land.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Motel" means a building or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by another title or sign intended to identify them as providing lodging to motorists.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Nonconforming use" means any use lawfully occupying a building, structure or land at the effective date of the ordinance codified in this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Nursery school" means an institution providing care, with or without instruction, for more than five children of preschool age.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Nursing home" or "convalescent home" a building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Elderly housing rest home" means a convalescent home or nursing home where medical care is not administered.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Parking lot" means an open, graded and surfaced area, other than street or public way, to be used for the storage, for limited periods of time, operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Parking space" means usable space within a public or private parking area or building, not less than one hundred and eighty square feet (nine feet by twenty feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Restaurant" means any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunch room, tea room and dining room.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Setback area" means the space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title or by delineation on a recorded subdivision map.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Sign" is any structure or natural object, such a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, 11 sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Single-family residential dwelling" means an owner occupied structure designed for use as a single dwelling unit for one family.

(Ord. No. 465, § 1, 1-9-2013)

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Street" means a public right-of-way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the council. "Street" includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place and other such terms.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Structure" means anything constructed or erected, except fences not exceeding four feet in height, which requires permanent location on the ground or is attached to something having location on the ground.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Tavern" or "lounge" means a building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Trailer" means any vehicle designed to be towed or transported by another vehicle.

"Trailer" includes a mobile home. (See Mobile home.)

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Trailer park" means a mobile home park. (See Mobile home.)

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Yard" means an open space on the same lot with a principle building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Front yard" means the yard extending across the full width of the lot adjacent to the front street line.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Rear yard" means the yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Side yard" means the yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front lot line to the rear yard.

(Ord. 223 Ch. 4 § 5(A)-(part), 1978)

"Zoning commission" means the planning commission, if existing, if not, the City Council shall act as the zoning commission.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)

"Zoning map" means the map incorporated into this title designating the use district zones.

(Ord. 223 Ch. 4 § 5(A) (part), 1978)