AAbutting: next to or bordering. Accessory Buildings: a building or buildings which are used incidentally, and clearly subordinate to the primary use of a parcel. Accessory Dwelling Unit: A secondary dwelling unit, on the same lot as a single-family home. In such arrangements, one dwelling unit shall be owner-occupied. Such dwellings shall be permanently affixed to the property on a foundation and shall meet all requirements established within this code. No such dwelling shall be approved in conjunction with a manufactured/mobile home. Accessory Dwelling Unit Code: the code which contains provisions governing the allowance and use of accessory dwelling units. Accessory Use: a use or uses which are incidental and clearly subordinate to the primary use of a parcel. Accessway: any unrestricted way that the general public may drive or walk upon. Agricultural Production: the keeping and raising of animals to obtain animal-based materials for food or other uses. Animal Breeding: the keeping and pairing of animals in a way that is intended to cause the females to be impregnated. In general, within this code, it is implied that animal breeding is for agricultural, commercial, or industrial purposes. This does not include the breeding of cats or dogs so long as the parcel in question does not meet the definition of a commercial kennel. Appeal: the petitioning of a governing body (in this case the Planning and Zoning Commission or the City Council) to reconsider the ruling of a subordinate governing body or an administrative ruling. Appeals Process: the process specified herein or as provided under applicable Idaho law by which an applicant who was denied a permit or aggrieved by a decision may seek redress. Assisted Living Facilities: a residential facility, licensed by the state of Idaho, with a homelike setting that provides a variety of coordinated supportive personal and healthcare services, available twenty-four (24) hours per day, to nine (9) or more persons with disabilities or elderly persons. Residents typically need at least some supervision and assistance with daily living. Support staff may prepare meals and help residents with personal hygiene tasks. Each resident in an assisted living facility shall have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting resident's independence and self-sufficiency. Exteriors of facilities shall be compatible in appearance and constructed using materials similar to the predominate buildings in the zone and area in which they are located. BBathroom: a room or area wherein at least a sink and a toilet (i.e. a half bathroom) are installed, but may also include a shower (i.e. a three-quarters bathroom) and/or bath (i.e. a full bathroom). Bed and Breakfast: a bed and breakfast is a lodging establishment that offers overnight accommodation and breakfast and is not a hotel or motel as defined herein. Bed and breakfasts are often private family homes. Building: see Structure. Building Line: the outermost edge of a building foundation, or the outermost location of any supporting members of a roof, or an extension or eave that overhangs into a yard more than two (2) feet. In general, stairs, ramps, chimneys, and similar projections are not included, however, if any projection extends into a setback, it may be considered the building line. Overhangs of two (2) feet or less are not taken into consideration as the building line, but an overhang of more than two feet shall be considered as the building line. CCategory: a division, class, or grouping of businesses or industries that share common characteristics. Carport: A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage. Church: a place of gathering for religious worship. Club/Lodge: an association, group, or organization that regularly meets and is officially chartered (i.e. Elks, Kiwanis, Lions, Masons, Rotary, et cetera) Commercial Building: a building that is principally used for commercial or business purposes. Commercial Development Association: a private association governing the management, maintenance, and aesthetics of a particular commercial/industrial development or subdivision. Commercial Use: a use or engagement in commerce or business whether for profit or not. Stand-alone single unit or multi-unit residential dwellings are not considered a commercial use. Commercial Zone: a defined geographical area wherein the primary use is commercial or business use. Common Space/Common Open Space: outdoor space for the use and benefit of the general public or a specific group (i.e. members of a homeowner’s association). Complaint: a written grievance specifying a violation of ordinance or law, including what ordinance or law was violated, the location of the violation, and the time/date of the violation. A complaint is of no force and will result in no action if it is not filed with the proper authority (i.e. the City Clerk or the Police Department). Conditions: any specific qualifications or requirements that must be met prior to something else happening, such as the issuance of a Special Use Permit. Corner Lot: A lot abutting two (2) intersecting streets. Curb and Gutter: the area of the right of way (R.O.W.) between the roadway and sidewalk or park strip designed to channel runoff and including a vertical barrier. D Developer: the person, persons, or business entity responsible for a development project. Development: construction of a building, or buildings, installation of improvements, installation of infrastructure, or subdivision of land to accomplish such. Disallowed Use: any use forbidden or not allowed in a zone. Distribution/Logistics Center: a commercial or industrial facility primarily engaged in the shipping and delivery of items by any conveyance. District: see Zone. Driveway: the point of access connecting a public right-of-way to a private parcel. Driveways shall not exceed a length of one-hundred fifty (150) feet without an adequate turnaround or hammerhead to accommodate a fire truck or other emergency response. Duplex/Two-Unit Dwelling: a group of two attached, but not interconnected, self-contained dwelling units complete with individual access points. A duplex is categorized under the umbrella category of “multi-family housing/dwelling.” Dwelling: see Dwelling Unit. Dwelling Unit: a complete, self-contained, facility with all necessary provisions for human habitation - including a kitchen, a bathroom, space for sleeping/daily activities, and required parking spaces. It is not a defense, if space is rented out in a home as a separate household, that it is not a dwelling unit because it does not contain all necessary provisions for habitation. Instead, this will be considered non-conforming and is a violation of this code. EEasement: An interest in property owned by another that entitles its holder to a specific use on, under or above property of another. Eaves: the section of the roof that overhangs the exterior walls of a building or structure. Enlarge: to expand beyond the footprint, borders, or height of what is existing. Entertainment Facilities: facilities such as theaters, movie theatres, bowling alleys, arcades, miniature golf courses, concert halls, et cetera, in which individuals pay a fee to participate in a recreational or cultural activity. This definition does not include any sexually-oriented businesses which are governed under another provision of the Preston Municipal Code. Establishment: any action prior to and including the commencement of a use that is intended to cause said use to take place or to continue taking place. Existing Grade: the existing elevation of the ground prior to any fill or build-up being added. FFence: an aesthetic and/or functional barrier, not including a roof, built to denote boundaries, restrict access, restrict viewing of, and/or divide properties or sections of a property. Fire Station: a building storing the equipment and vehicles necessary to combat fires. Such a building may contain living quarters for on-call/on-duty staff. Fitness Center: an enterprise that allows access to exercise equipment or recreational activities that promote physical activity. May also be referred to as a gym. Flag-Lots: a parcel of land, including a neck of land abutting an existing R.O.W., which widens out at the end of a driveway. Food Processing: the changing of raw materials by mechanical, physical, or chemical means into foodstuffs when operated as a commercial or industrial enterprise. Fourplex/Four-Unit Dwelling: a group of four attached, but not interconnected, self-contained dwelling units complete with individual access. A fourplex may include townhouses sharing common walls, or stacked units. Frontage/Fronting: a portion of a parcel or building abutting a right of way (R.O.W.). GGarage: a section of a dwelling or other structure dedicated to and designed for the parking and storage of motor vehicles. An attached garage shall be included in the total square footage calculations when applying for a building permit. Garage, Detached: a freestanding accessory building dedicated to and designed for the parking of motor vehicles. Gardening: the cultivation of fruits and vegetables for personal use, or without the intent to cultivate for commercial or industrial purposes. Grandfathered Uses/Buildings: uses/buildings that were legally established before the enactment of this code, but which would be disallowed under this code. Such uses may continue, but shall not enlarge, and once discontinued, shall not be allowed to resume except in accordance with this code. Residential uses that were established prior to the enactment of this may continue and enlarge, but no new residential uses may be established. Such residences will be governed under the provisions of the closest residential zone. Grease-Trap: a plumbing device designed to capture grease and other solids before entering the sewer line. Group Home: a communal, non-lockdown, residential facility employing one or more staff members to oversee, treat, or assist the mentally ill, sex offenders, or to assist in transitioning individuals from a lockdown facility; a halfway house. Such facilities are not allowed in any zone. HHard Surfaced: a surface or covering, such as asphalt or concrete, which is not permeable. Healthcare Facility: the office of a doctor, chiropractor, dentist, or another healthcare provider who specializes in outpatient treatment. Heavy/Large Equipment: vehicles and conveyances larger than a typical passenger car or truck, designed to commercially haul goods, specialized for farming, mining, construction, and other commercial or industrial uses. Home Occupation: an occupation or commercial enterprise engaged in by the occupant of a dwelling unit that is housed within the dwelling unit, and subordinate to the use as a dwelling. Homeowner’s Association (HOA): a private association governing the management, maintenance, and aesthetics of a particular neighborhood or subdivision. Hospital: a major health care facility staffed by doctors and/or nurses, housing inpatient and/or outpatient treatment, and specialized medical equipment. Hotel: A building in which lodging or boarding and lodging are provided, primarily transient and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, bars, or club rooms, public banquet halls, ballrooms, and meeting rooms. Household: the occupants of one dwelling unit which are regarded as a single unit, due to blood, marriage, joint finances, et cetera. IIndustrial Building: a building that is principally used for industrial purposes. Also, a factory or plant. Industrial Use: a use, refinement, or other engagement in the changing of raw goods into a product, whether that be the final product or not. Industrial Zone: a defined geographical area wherein the primary use is industrial use. Industrial Production/Assembly: production or assembly of goods in an industrial building. Install: to place or construct. JKKennel/Kenneling: the keeping of four (4) or more dogs or cats, not including puppies or kittens under four (4) months old. Such a facility shall be required to obtain a commercial kennel license. Kitchen: a room customarily for the preparation of meals that contains a sink, a stove, and/or oven for such purpose. LLandscaping: the placement of grasses, plants, trees, bushes, et cetera to beautify and enhance the aesthetics of parcel or parcels. Landscaping Plan: a plan laying out how a particular site/parcel will be landscaped. When required such plans are subject to the approval of the Planning and Zoning Commission or its designee. Library: a building or room containing a collection of literary works, periodicals, et cetera which are typically lent out to the public or members of a group. Livestock: any animals that are typically raised for agricultural, commercial, or industrial uses, including, but not limited to the animals typically found on a farm (horses, cows, pigs, sheep, goats, et cetera). Livestock Production: raising of livestock or any other animals for use as part of a commercial or industrial enterprise. This does not include animals kept for personal use per the provisions of this code. Lot: see Parcel MMajor Automotive Repair: replacing an engine, transmission, bodywork, or any work involving major disassembly. Typically, major automotive repair may take one or more days to complete and results in the vehicle being partially disassembled/inoperative. Major Subdivision: the division of a single parcel resulting in five (5) or more parcels. For further provisions, please see the chapter relating to major subdivisions. Manufacturing: the act of converting raw materials or the assembling of materials, components, or parts into a product, whether that be the final product or not. Maximum Building Height: the greatest height to which a building is allowed to be erected. Maximum Lot Area Coverage: the greatest area (amount of square footage) a building, buildings, impermeable surfaces, or a combination thereof which may cover a given parcel. Minimum Lot Area: the smallest amount of square footage a lot is allowed to encompass while remaining buildable and in conformance with this code. Minor Automotive Repair: preventative maintenance, oil changes, tire changes, glass repair, tune-ups, et cetera. Typically, minor automotive repairs are those repairs that can be done intraday. Minor Subdivision: the division of a single parcel resulting in four (4) or fewer parcels. For further provisions, please see the chapter relating to minor subdivisions. Mobile/Manufactured Home: a building or structure, intended for commercial or residential use, constructed on a permanent chassis, having a vehicle identification number (VIN), and transportable on a roadway. This includes such things as trailer homes, mobile homes, manufactured homes, single-wide trailers, double-wide trailers, et cetera. This definition also includes recreational vehicles (RVs), camper trailers, and similar items of personal property when used for human occupation or as a permanent or temporary dwelling. Mobile/Manufactured Home Park: a parcel of land upon which a minimum of four (4) mobile/manufactured homes are parked or anchored for living/sleeping purposes. Such a parcel must be properly licensed and approved by the Planning and Zoning Commission, via Special Use Permit, to supply the public with space to place mobile/manufactured homes. Modular Home/Structure: a building or structure which is constructed in prefabricated sections, moved from the manufacturing location, assembled, and affixed to a permanent foundation, thus becoming part of the real property. Modular homes are considered to be the same as on-site constructed structures. Month: 30 calendar days. Motel: A building in which lodging or boarding and lodging are provided and offered to the public for compensation. It is the same as a hotel except that the buildings are usually designed to serve tourists traveling by automobile, ingress and egress to rooms need not be through a lobby or office, and parking usually is adjacent to the rooms. Multi-Family Dwellings/Multi-Unit Dwellings: any structures containing self-contained dwelling units for more than one household. Multi-Unit/Multi-Family Complex: multiple buildings containing multiple dwelling units are considered a multi-unit/multi-family complex. NNonconforming: something that does not conform to the required specifications set forth in this code. Nonconforming Uses/Buildings: a use or building which may have been legally established before the enactment of this code, but does not meet the current specifications set forth herein. See, Grandfathered Uses/Buildings. Nursing Home: a residential facility providing around the clock care to the aged, disabled, or infirm. OOccupant: a person living in, or with legal right to use the following: a structure, building, lot, and/or parcel. Office Space: a place of work or business, not including large scale production, manufacturing, or retail sales. Outdoor Displays: placement of merchandise or promotional items outside of a business to entice potential customers. Overlay: a secondary zoning, applied to an existing zone, which may grant additional property rights or impose additional restrictions. Owner-Occupied/ Owner-Occupied Dwelling: an owner shall be construed to mean the current owner of record pursuant to the Franklin County Recorder’s Office; provided, however, if said owner is a legal entity, i.e., not a natural person, then the owner must be an authorized partner, member, trustee, personal representative, owner, or manager, as the case may be, of the legal entity. Such owner or authorized individual may be referred to as the owner-occupant. PParcel/lot: a legally defined and described section of land that has been recorded through the County Recorder’s office. Park: an area of open outdoor land for the recreational use and enjoyment of the public or a specific group, such as members of a homeowner’s association. Such an area may include playground equipment. Parking: the temporary placement of an operable motor vehicle that has been turned off. Parking Lot: a designated area where a group of parking spaces is located for the use of patrons of a business, employees of a business, or residents of a building. Parking Space: Unless otherwise designated herein, a nine (9) foot wide by twenty (20) foot long area of off-street space dedicated to the parking and storage of motor vehicles. Park Strip: the area of the right of way (R.O.W.) between the curb and the sidewalk. Planned Unit Development: a planned development, similar to a subdivision, which may take advantage of special provisions found within the planned unit development section of this code. Playground: equipment in a park for the enjoyment and play of children. Portable Storage Containers: Includes any of the following types of buildings, structures, or vehicles: 1. Shipping container of the type commonly marketed for storage and which can be delivered or removed by semitrailer, regardless of whether such structure is located on foundation or slab. 2. Semitrailer or other trailer whether such vehicle is parked on or off a public street, and which does not have a current Idaho license and inspection. 3. Utility box from a delivery truck when such has been removed from the chassis. Does not include an open roll-off or other trash storage container or modular home, house trailer, vehicle or camp trailer. Pre-built Accessory Building: an accessory building that is built off-site and moved onto a parcel. While subject to all other requirements for obtaining a building permit, these buildings do not require a survey if not permanently affixed to the ground. Pre-School: a place for the instruction of young children who are not of school age. Principal Building: the building or structure housing the principal use of a parcel. Private Drive/Private Road: a private roadway, including all underground utilities, that is wholly owned and maintained by a private person or group. Professional Services: services rendered by a qualified/certified individual or entity specializing in a particular field or area. Property Line: the exterior boundary or boundaries of a property, legally described in a deed that has been recorded at the County Recorder’s Office. QRResidence: see Dwelling. Residential Use: use as a dwelling or dwelling unit. Residential Zone: a defined geographical area wherein the primary use is residential use. Restaurant: a business in which the primary enterprise is preparing food to be consumed either on or off-premises. Restrictions: a condition or limiting measure on a use. Restroom: see Bathroom. Retail/Retail Center: the sale of goods or services to the general public in quantities for use or consumption by an end-user and not for resale or the place where such a transaction occurs. Retail Goods: goods typically purchased for the use/consumption of an end-user rather than for resale. Retail Services: see Professional Services. Ribbon Curb: a section of concrete, built to city specifications, designed to contain and delineate between the roadway and the required drainage swale. Right of Way (R.O.W.): any public accessway including the roadway, curb/gutter, ribbon curb/swale, sidewalk, and one (1) foot beyond the back edge of the sidewalk. Roadway: a section of a right of way (R.O.W.) designated primarily for the operation of motor vehicles. RV: a recreational vehicle; a vehicle or trailer containing at least sleeping quarters and which is generally used for recreational purposes. SSalvage Yard: a business engaging in the collection of disused or wrecked machinery or other vehicles to be processed and dismantled for parts. Indoor: such a business that takes place entirely inside a building or structure. Outdoor: such a business that takes place in an open-air yard which must be enclosed with a privacy fence. School: a place of instruction and general education, not including schools of dance, music, other specialized areas of instruction. In a residential zone, any reference to schools, without another descriptor, means public schools. Scrapyard: a business that engages in salvaging and collecting metal, plastic, or other scrap/junk to be recycled, sold, or otherwise reused. Secondary Dwelling Unit: an accessory building, for human occupancy, that is allowed per the provisions of the Accessory Dwelling Unit Code. Requirements for such dwellings may be found in the Accessory Dwelling Unit section of this code. Secondary Water: non-potable water intended for irrigation, sprinkling a yard, or agricultural use. Semi-Trailer: the type of trailer typically attached to a semi-truck to move goods or freight from one place to another. This includes refrigerated trailers or reefers. Semi-Truck: a vehicle commonly referred to as a big-rig, eighteen-wheeler, semi, tractor-trailer, et cetera, that consists of a towing tractor, whether connected to a trailer or not, designed to move goods or freight from one place to another. Setbacks: the required distance between a property line or R.O.W. and the building line as required in this code. Front: the minimum required distance between the front building line and the property line it faces, extending out to the adjacent side property lines in either direction. For example, if a building faces north, this setback would be required between the building line and the northern property line. Side: the minimum required distance between the side building line on either side, between the front and rear building lines, to the adjacent property line. For example, if a building faces north, this setback would be required on the east and west sides between the front and rear building lines. Side (corner): if a lot is a corner lot, on the side abutting the street the building does not front, the required minimum distance between the side building line, extending out in both directions to the adjacent front and rear property lines, and the property and the side property line. Rear: the minimum required distance between the back building line and the rear property line, extending out in both directions to the adjacent side property lines. For example, if a building faces north, this setback would be required on the south side between the rear building line and the rear property line. Sewer Service/Line: the City infrastructure through which a pipeline collects and removes wastewater and human refuse from a building and directs it to the City Sewer Treatment Facility. Sidewalk: the concrete pedestrian walking path, located in the R.O.W., built to City specifications. Sign: any notice or advertisement that is publicly displayed giving information or instructions. Single-Family Residence: self-contained, stand-alone, dwellings designed to accommodate one household. Slaughterhouse: a business or other operation which engages in the slaughtering and processing of animals for food or other commercial purposes. Special Use Permit: a permit to carry out a specific use in a zone. Such a permit may be granted if a use has not been contemplated in any zone, or due to unique circumstances that would not permanently or negatively impact the surrounding area in which the use will be located. Special Uses are evaluated individually due to existing facts or circumstances and do not establish precedent nor does the granting of a Special Use in one instance require the city to grant any other Special Uses in similar circumstances. Special Provisions: special, specific conditions that may be required in specific instances. Stick Built: constructed on a permanent foundation and framed on-site. Storage/Shipping Container: containers that are typically, but not exclusively, made for transporting or storing goods. Storage Units: commercial spaces rented out to store property. Storage units may not be used as a space from which a business is operated or as dwelling units. Structure: a man-made enclosure consisting of walls, supporting members, and a roof or any such parts individually. In most cases, for a permit to be issued, a structure must be permanently attached to a foundation. Subdivision: the legal and lawful dividing of any land, lot, or parcel into two (2) or more parcels. Any division of property within the city limits must go through the proper subdivision process as specified in the subdivision chapter of Preston Municipal Code. Survey: measurements of a property depicting and describing its legal boundaries, elevations, buildings, easements, R.O.W.s, and/or other features prepared by a certified surveyor or engineer. Swale: the required water retention area in the R.O.W. built to city specifications. Swimming pool: a body of water on public or private land that is maintained for recreational swimming. TTemporary Absence: a temporary absence shall be construed to mean a continuous absence for more than sixty (60) days or a collective absence of more than one-hundred-eighty (180) days in a three-hundred-sixty-five (365) day period from an owner-occupant’s dwelling or usual place of abode. Temporary Lodging: a place such as a hotel or motel that offers rooms for rent for a fee, typically for less than one (1) month. Tiny Home: tiny homes shall be subject to requirements outlined in the zoning ordinance. Tiny homes emphasize minimalist living. Tiny homes are only allowed on permanent foundations and does not allow tiny homes on wheels (THOWs). A garage shall be required to be built with any tiny home. A tiny home is under 1000 square feet. Triplex or Three-Unit Dwelling: a townhome complex containing three individual, self-contained dwellings. Townhomes/Condominiums: a group of individual, self-contained dwellings sharing common walls and situated side by side, not stacked on top of one another. UUndeveloped Parcel: a parcel on which no structure exists that primarily serves a residential, commercial, industrial, agricultural, or business purpose. Utility Easement: the legally recorded right to access a property or lot to repair, check, or maintain a utility. VVacation/Short Term Rentals: The temporary (30 days or less) rental of a residential property. This may include such things as AirBnB. WWarehouse: a building or section thereof set apart for the storage of goods which is not open to customers or the general public. A warehouse combined with a retail store shall not be considered when making considerations for parking spaces. Water Service/Line: the City infrastructure which through a pipeline brings fresh, potable water from a source to a home or business. X YYard: the land adjoining a building and included in the legal description. In most cases, a yard is required to be landscaped. Front Yard: the area located between the front building line to the property line on either side and the front property line. Side Yard: the area located between the front building line and the rear building line, extending from the side building line to the side property line. Rear Yard: the area located between the rear building line to the property line on either side and the rear property line. ZZone: a distinct geographical area identified on the City of Preston Zoning Map which has been set apart for a distinct purpose and use. Zoning District: see Zone. Zoning Map: the official map adopted by the city which depicts the city boundaries and various zones.

(Amended during 3/00 supplement; Ord. 443 Ch. 151, 1979; 2023-6 12/11/2023)