What This Chapter Does. This chapter provides definitions for terms used in this ordinance. Any dispute about the meaning of a term shall be resolved using the appeals procedure of Chapter III. Sec N.
Rules of Interpretation. Terms include both singular and plural forms; i.e. building includes buildings, and, except where otherwise indicated, terms include their derivatives; i.e. adjacent includes adjoining.
Accessory. Accessory buildings and uses are those customarily associated with and clearly subordinate to a principal building or use that exists on the same lot or parcel.
Adjacent. Adjacent includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right-of-way, including roads, railroads, and irrigation canals.
Administrator. The city employee or contractor responsible for administration of this ordinance.
Arterial. Includes all state and federal highways and other major roads, as shown in the comprehensive plan.
Building. As used in this ordinance, refers to any structure. Includes liquid or gas storage tanks.
Building Height. The vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents, and antennae.
Buffer. A landscaped area along the perimeter of a site. Buffers help assure land use compatibility.
Certificate of Compliance. A certificate issued by the administrator upon completion and acceptance of all required improvements. See Chapter III. Sec V.
Commercial. Includes all land uses in SLUC 4923 and 4924, 52-59, 61-69, 71-79, and 8221.
Commission. The Newdale Planning and Zoning Commission established by Chapter II. Sec B. of this ordinance. The Fremont or Madison County Planning and Zoning Commissions will always be specifically named.
City. Refers to Newdale, Idaho.
Council. Refers to the duly elected governing body of the City of Newdale, Idaho.
County. Refers to Fremont and/or Madison County, Idaho.
Development. Development is used as a generic term covering any and all activities for which a permit is required by this ordinance. The developer is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this ordinance.
EPCRA. The Emergency Planning and Community Right-To-Know Act of 1986. Refers to 42 USC 1101-11050, as amended.
Hazardous Substances. Any material regulated by EPCRA, as amended.
Home Occupation. A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling. Home occupations, by definition, comply with the performance standards of Appendix D.
I.C. I.C. refers to the Idaho Code, the state statutes.
Industrial. Includes all land uses in SLUC 21-51, 637, and 82-89, except:
SLUC 4923 and 4924; and
SLUC 8221 (except where covered by Chapter VIII Sec L.2.). Irrigation with industrial wastewater is an industrial use.
Large Scale Development. See Chapter VIII Sec U.
Livestock. Cattle, goats, horses, llamas, or sheep kept for personal pleasure or consumption. Pigs are permitted only for short-term educational (4-H or similar) projects.
Lot. Lot is used as both a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.
Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 980 or more square feet, and which is designed to be placed on a permanent foundation, permanently connected to all required utilities, and used as a permanent dwelling unit. Within the Flood Hazard Overlay, for floodplain management purposes, the definition of "manufactured home" shall be expanded to include recreational vehicles, travel trailers, and similar vehicles or trailers that are left in place for 180 or more consecutive days (use of such vehicles as a residence is prohibited by this ordinance), but recreational vehicles, travel trailers, and similar vehicles or trailers are not manufactured homes for flood insurance purposes.
Minimize. For the purposes of these regulations, "to minimize" (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact.
Minor Utility Installations. Includes cable television, electric power, and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Other utility installations are industrial uses.
Mobile Home Park. Any lot or parcel on which there are spaces for occupancy by more than one manufactured home that will not be placed on a permanent foundation. Such spaces are normally rented or leased, but rental or lease is not necessary for the purposes of this definition.
Nonconforming. Describes any use or building that was in existence on the effective date of this ordinance, but that would not comply with one or more of its requirements if submitted for approval. See Chapter I. Sec F. and Chapter I. Sec G.
Occupancy. The use of a building or lot. Occupancies are classified using the Standard Land Use Coding System (SLUC).
One Family Dwelling. A detached building designed for occupancy by one family. Also includes group homes, as required by I.C. 67-6530, et. seq. Includes both conventional dwellings and manufactured homes (defined in Chapter X. Sec Y.) that:
comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 5401) or the International Building Code;
have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation, as required by Chapter VIII. Sec K.1.;
are permanently connected to city utilities,
has a roof, with a minimum 3:12 pitch, and
contains at least 980 square feet. Recreational vehicle and travel trailers are not single family dwellings, and shall not be used as such, but are included within the definition of "manufactured home".
Outdoor Material Handling or Storage. Stockpiling, storage, processing, or packaging of materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and that is visible from a public street or road.
Plat. The legal map of a subdivision. A plat amendment is a minor change in the lot arrangement or routing of rights-of-way or easements in a previously recorded subdivision plat. Plat amendments are instituted by the recording of an amended plat following the process provided in Chapter III. Sec H.
Private Utilities. Cable television, electric power, natural gas, and telephone services.
Recreational Vehicle. As per I.C. 49-2801, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy.
Setback. See the notes accompanying Table 1.
Site Plan. A site plan is a scale drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this ordinance, including the location of existing and proposed property lines, easements, buildings, parking areas, streets, sidewalks, landscaped buffers, and other features of the site. Where an erosion and runoff control plan is required, the site plan must be prepared on a detailed (contour intervals of two feet) topographic base.
Sketch Plan. A sketch plan is a general or conceptual site plan of a development. It must include the approximate location of all lot lines and streets, the approximate location and exterior dimensions all structures, the approximate location, size, and circulation pattern of all parking areas, and the approximate location and dimensions of all landscaped buffers.
Solid Waste. Material being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this ordinance, the waste normally generated by a farming operation (crop stubble and residue, manure, etc.) is not solid waste until transported from the farm on which it was generated.
Standard Land Use Code. Abbreviated SLUC. The standard land use code is a method of classifying land uses adapted from the Standard Land Use Coding Manual, U.S. Department of Transportation, Federal Highway Administration, as reprinted in March 1977. A summary is given in Table 3.
Stream Corridor. See Chapter VIII. Sec E.
Subdivision. Means any division of land, or any land so divided, which creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and shall include any re-subdivision, any condominium, or any area, regardless of its size, which provides or will provide multiple space for recreational camping vehicles or manufactured homes.
Two Family Dwelling. A detached building designed for occupancy by two families. Includes both conventional dwellings and manufactured homes (defined in Chapter X. Sec Y.) that:
comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 5401) or the International Building Code;
have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation, as required by Chapter VIII. Sec K.l.;
are permanently connected to city utilities,
has a roof, with a minimum 3:12 pitch, and
contains at least 980 square feet. Recreational vehicle and travel trailers are not two family dwellings.
IBC. Acronym for the International Building Code published by the International Conference of Building Officials. Uniform Building Code/UBC has been superceded by the International Building Code.
Use. To control or direct the functioning of.
Vacation. The process provided by state law (see I.C. 50-1306A) and this ordinance (see Chapter III. Sec CC.) for the elimination of a recorded subdivision plat.
Variance. According to I.C. 67-6516, "A variance is a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of structure or the placement of the structure upon lots, or the size of lots." Land use cannot, by definition, be varied.
Vested Right. The right to proceed with development under a previous set of regulations, or the right to proceed under this ordinance, pursuant to a development agreement. See Chapter I. Sec E.
Wetlands. Wetlands shall be as defined in the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
Yard. The area between the lot lines and the principal building created by the required setbacks.
Newdale City Zoning Code
CHAPTER XI
DEFINITIONS
What This Chapter Does. This chapter provides definitions for terms used in this ordinance. Any dispute about the meaning of a term shall be resolved using the appeals procedure of Chapter III. Sec N.
Rules of Interpretation. Terms include both singular and plural forms; i.e. building includes buildings, and, except where otherwise indicated, terms include their derivatives; i.e. adjacent includes adjoining.
Accessory. Accessory buildings and uses are those customarily associated with and clearly subordinate to a principal building or use that exists on the same lot or parcel.
Adjacent. Adjacent includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right-of-way, including roads, railroads, and irrigation canals.
Administrator. The city employee or contractor responsible for administration of this ordinance.
Arterial. Includes all state and federal highways and other major roads, as shown in the comprehensive plan.
Building. As used in this ordinance, refers to any structure. Includes liquid or gas storage tanks.
Building Height. The vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents, and antennae.
Buffer. A landscaped area along the perimeter of a site. Buffers help assure land use compatibility.
Certificate of Compliance. A certificate issued by the administrator upon completion and acceptance of all required improvements. See Chapter III. Sec V.
Commercial. Includes all land uses in SLUC 4923 and 4924, 52-59, 61-69, 71-79, and 8221.
Commission. The Newdale Planning and Zoning Commission established by Chapter II. Sec B. of this ordinance. The Fremont or Madison County Planning and Zoning Commissions will always be specifically named.
City. Refers to Newdale, Idaho.
Council. Refers to the duly elected governing body of the City of Newdale, Idaho.
County. Refers to Fremont and/or Madison County, Idaho.
Development. Development is used as a generic term covering any and all activities for which a permit is required by this ordinance. The developer is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this ordinance.
EPCRA. The Emergency Planning and Community Right-To-Know Act of 1986. Refers to 42 USC 1101-11050, as amended.
Hazardous Substances. Any material regulated by EPCRA, as amended.
Home Occupation. A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling. Home occupations, by definition, comply with the performance standards of Appendix D.
I.C. I.C. refers to the Idaho Code, the state statutes.
Industrial. Includes all land uses in SLUC 21-51, 637, and 82-89, except:
SLUC 4923 and 4924; and
SLUC 8221 (except where covered by Chapter VIII Sec L.2.). Irrigation with industrial wastewater is an industrial use.
Large Scale Development. See Chapter VIII Sec U.
Livestock. Cattle, goats, horses, llamas, or sheep kept for personal pleasure or consumption. Pigs are permitted only for short-term educational (4-H or similar) projects.
Lot. Lot is used as both a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.
Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 980 or more square feet, and which is designed to be placed on a permanent foundation, permanently connected to all required utilities, and used as a permanent dwelling unit. Within the Flood Hazard Overlay, for floodplain management purposes, the definition of "manufactured home" shall be expanded to include recreational vehicles, travel trailers, and similar vehicles or trailers that are left in place for 180 or more consecutive days (use of such vehicles as a residence is prohibited by this ordinance), but recreational vehicles, travel trailers, and similar vehicles or trailers are not manufactured homes for flood insurance purposes.
Minimize. For the purposes of these regulations, "to minimize" (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact.
Minor Utility Installations. Includes cable television, electric power, and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Other utility installations are industrial uses.
Mobile Home Park. Any lot or parcel on which there are spaces for occupancy by more than one manufactured home that will not be placed on a permanent foundation. Such spaces are normally rented or leased, but rental or lease is not necessary for the purposes of this definition.
Nonconforming. Describes any use or building that was in existence on the effective date of this ordinance, but that would not comply with one or more of its requirements if submitted for approval. See Chapter I. Sec F. and Chapter I. Sec G.
Occupancy. The use of a building or lot. Occupancies are classified using the Standard Land Use Coding System (SLUC).
One Family Dwelling. A detached building designed for occupancy by one family. Also includes group homes, as required by I.C. 67-6530, et. seq. Includes both conventional dwellings and manufactured homes (defined in Chapter X. Sec Y.) that:
comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 5401) or the International Building Code;
have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation, as required by Chapter VIII. Sec K.1.;
are permanently connected to city utilities,
has a roof, with a minimum 3:12 pitch, and
contains at least 980 square feet. Recreational vehicle and travel trailers are not single family dwellings, and shall not be used as such, but are included within the definition of "manufactured home".
Outdoor Material Handling or Storage. Stockpiling, storage, processing, or packaging of materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and that is visible from a public street or road.
Plat. The legal map of a subdivision. A plat amendment is a minor change in the lot arrangement or routing of rights-of-way or easements in a previously recorded subdivision plat. Plat amendments are instituted by the recording of an amended plat following the process provided in Chapter III. Sec H.
Private Utilities. Cable television, electric power, natural gas, and telephone services.
Recreational Vehicle. As per I.C. 49-2801, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy.
Setback. See the notes accompanying Table 1.
Site Plan. A site plan is a scale drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this ordinance, including the location of existing and proposed property lines, easements, buildings, parking areas, streets, sidewalks, landscaped buffers, and other features of the site. Where an erosion and runoff control plan is required, the site plan must be prepared on a detailed (contour intervals of two feet) topographic base.
Sketch Plan. A sketch plan is a general or conceptual site plan of a development. It must include the approximate location of all lot lines and streets, the approximate location and exterior dimensions all structures, the approximate location, size, and circulation pattern of all parking areas, and the approximate location and dimensions of all landscaped buffers.
Solid Waste. Material being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this ordinance, the waste normally generated by a farming operation (crop stubble and residue, manure, etc.) is not solid waste until transported from the farm on which it was generated.
Standard Land Use Code. Abbreviated SLUC. The standard land use code is a method of classifying land uses adapted from the Standard Land Use Coding Manual, U.S. Department of Transportation, Federal Highway Administration, as reprinted in March 1977. A summary is given in Table 3.
Stream Corridor. See Chapter VIII. Sec E.
Subdivision. Means any division of land, or any land so divided, which creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and shall include any re-subdivision, any condominium, or any area, regardless of its size, which provides or will provide multiple space for recreational camping vehicles or manufactured homes.
Two Family Dwelling. A detached building designed for occupancy by two families. Includes both conventional dwellings and manufactured homes (defined in Chapter X. Sec Y.) that:
comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 5401) or the International Building Code;
have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation, as required by Chapter VIII. Sec K.l.;
are permanently connected to city utilities,
has a roof, with a minimum 3:12 pitch, and
contains at least 980 square feet. Recreational vehicle and travel trailers are not two family dwellings.
IBC. Acronym for the International Building Code published by the International Conference of Building Officials. Uniform Building Code/UBC has been superceded by the International Building Code.
Use. To control or direct the functioning of.
Vacation. The process provided by state law (see I.C. 50-1306A) and this ordinance (see Chapter III. Sec CC.) for the elimination of a recorded subdivision plat.
Variance. According to I.C. 67-6516, "A variance is a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of structure or the placement of the structure upon lots, or the size of lots." Land use cannot, by definition, be varied.
Vested Right. The right to proceed with development under a previous set of regulations, or the right to proceed under this ordinance, pursuant to a development agreement. See Chapter I. Sec E.
Wetlands. Wetlands shall be as defined in the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
Yard. The area between the lot lines and the principal building created by the required setbacks.