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Priest River City Zoning Code

CHAPTER 2

DEFINITIONS

10-2-1: GENERAL DEFINITIONS:

For the purpose of this title, certain terms are herewith defined. When not inconsistent with the content, words used in the present tense include the future; words in the singular include the plural; words in the plural include the singular; the word "persons" may be taken for persons, association, firm, co- partnership or corporation; the word "structure" includes building; the word "occupied" includes premises designed or intended to be occupied; the word "used" includes designed or intended to be used; the word "shall" is always mandatory; the word "may" is permissive; and the word "should" is a preferred requirement. The word "lot" includes plot, parcel, and tract; the word "airport" includes such common terms as aviation field, airfield, intermediate landing field, landing area, landing field, airstrip, and landing strip. (Ord. 597, 8-6-2018)

10-2-2: SPECIFIC DEFINITIONS:

ACCESSORY PARKING AREA:
A common area set aside for the temporary parking and storage of vehicles, recreational vehicles, boats, motorcycles, and other similar items to everyday life.
ACCESSORY PARKING AREA:
A common area set aside for the temporary parking and storage of vehicles, recreational vehicles, boats, motorcycles, and other similar items to everyday life.
ACCESSORY USE OR STRUCTURE:
One which is secondary to the main use or structure on the lot, serving a purpose normally secondary to the principal use or structure.
ACCESSWAY:
An unobstructed way of specified width containing a drive or roadway which provides vehicular access and connects to a public street.
ADJACENT PROPERTY OWNERS:
Those persons owning property within three hundred feet (300') of the exterior boundary of the parcel.
ADMINISTRATOR:
An official having knowledge in the principals and practices of zoning, who is appointed by the City Council to administer this title.
AIRPORT 1 :
Any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, or intended for use, for airport buildings or other airport facilities or rights-of-way.
APARTMENT HOUSE:
A building or portion thereof used or intended to be used as a home with three (3) or more families living independently of each other.
ARCHITECTURAL PROJECTION:
That portion of a structure, not intended for occupancy, and that extends beyond the face of a wall that protrudes closest to the property line, not including signs, canopies, or marquees. This is the point where setbacks are measured from (refer to subsection 10-7-6E of this title).
AS BUILT DRAWINGS:
Design plans which have been revised to reflect all changes to the plans which occurred during construction.
AUTOMOBILE WRECKING:
Dismantling or wrecking of two (2) or more used motor vehicles, recreational vehicles, or travel trailers or the storage, sales, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
AUTOMOTIVE, MANUFACTURED HOME, TRAVEL TRAILER, AND FARM IMPLEMENT SALES:
The sale or rental of new and used motor vehicles, manufactured homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR:
The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
AVIATION HAZARD 2 :
Any new or existing structure, object of natural growth, use of land, or modifications thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property.
AVIATION HAZARD AREA 3 :
Any area of land or water upon which an aviation hazard might be established if not prevented as provided in the referenced chapter of Idaho Code.
BASEMENT:
Any floor level below the first story in a building.
BEST MANAGEMENT PRACTICES (BMP):
Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, sedimentation, displacement or erosion of soils.
BLOCK:
A group of lots, tracts, or parcels within a subdivision, with well-defined boundaries, usually streets.
BOND:
A surety bond, cash deposit, or escrow account, assignment of savings, or other means acceptable to or required by the permit authority to guarantee that work is completed in compliance with all local government requirements.
BUFFER OR BUFFERING:
A fence, wall, landscaping, filtration, or sound deadening technique which provides separation between normally incompatible uses. The objective of a buffer is to minimize the potential effects of noise, dust, smoke, odors, and fumes from the more restrictive use, and to provide visual screening between parcels.
BUILDING:
Any structure, permanent, mobile, removable, or movable, built or used for the support, shelter, or enclosure of any persons, animals, goods, equipment, or chattels and property of any kind.
BUILDING CODE:
The current State adopted construction regulations in effect for the City of Priest River.
BUILDING COMPLEX:
A building or group of buildings, within a single architectural plan and/or parcel of property, housing two (2) or more residential, commercial, industrial, or recreational units or combination thereof, and providing common facilities or utilities, such as shopping centers, professional office buildings, etc.
BUILDING FACE OR WALL:
All the window and wall area of a building in one place or elevation.
BUILDING FRONTAGE:
The linear width of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
BUILDING HEIGHT:
The vertical distance at the center of a building’s principal front, measured from the level of the first floor above grade to the highest point of the roof. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building.
BUILDING INSPECTOR:
The official building inspector for the City of Priest River, State of Idaho.
BUILDING LINE:
A line established by this title to govern the placement of a building with respect to highways, streets, and alleys. The front property line shall be the front line as shown upon official plats of the property in all subdivisions.
BUILDING, PRINCIPAL:
A building in which the use conducted is the main or principal use of the lot on which the building is situated.
BUILDING SETBACK:
A distance measured from the furthest architectural projection to the property line.
BULK PLANT:
An establishment where flammable liquids are received by tank vessel, pipelines, and tank car or tank vehicle and are stored or blended in bulk for distribution.
CANOPY OR MARQUEE:
A permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material such as wood, metal, canvas, glass, or plastic.
CEMETERY:
A land dedicated for burial purposes serving solely for below ground level interment, not including mortuary, crematory, mausoleum and/or columbarium.
CHANNEL:
The bed where a natural stream of water runs.
CITY:
The City of Priest River, State of Idaho.
CLEARING:
The destruction and removal of vegetation by manual, mechanical, or chemical methods.
CLINIC:
A building or portion of a building containing offices and facilities for providing medical, dental, or psychiatric services for outpatients, or any similar- type use as determined in section 10-3-6 of this title.
COMMERCIAL ENTERTAINMENT FACILITIES:
Any for profit activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs, cocktail lounges, and similar entertainment activities, or any similar-type use as determined in section 10-3-6 of this title.
COMMUNITY CENTER:
A building designed for the recreational, social, and public meeting needs of the people of the community on a no- or nominal-fee basis.
COMPREHENSIVE PLAN:
A plan which includes such things as the general location and extent of present and proposed physical facilities including, but not limited to, housing, industrial and commercial uses, transportation, parks and other community facilities. The Comprehensive Plan establishes the goals and objectives of the City for present and future land use within the limits of its jurisdiction.
CONDITIONAL USE:
An activity not specified as a use permitted outright by this title and may be permitted with project specific conditions. A conditional use is a principal or an accessory use, permitted when authorized by the City Council and subject to certain conditions.
CONDOMINIUM:
An apartment house, office building, or other multiple-unit complex, the units of which are individually owned, each owner receiving a recordable deed to the individual unit purchased.
CONSTRUCTION:
Architectural plans, engineering studies, purchase of materials, site preparation, utility installation, and building erection.
CONSTRUCTION OFFICE:
A mobile building used in conjunction with a permitted construction project that may or may not be outfitted for human habitation.
CONVEYANCE:
A mechanism for transporting water from one point to another, including pipes, ditches, and channels. Also means the transportation of sewage by means of enclosed piping system.
CONVEYANCE SYSTEM:
The drainage facilities, both natural and manmade, which collect, contain, and provide for the flow of surface and stormwater from the highest points on the land down to receiver water. The natural elements of the conveyance system include swales and the small drainage courses, streams, rivers, lakes, and wetlands. The human-made elements of the conveyance system include gutters, ditches, pipes, channels, and grassy retention/detention facilities.
COTTAGE:
Single-family, stick built, dwellings allowed in a planned unit development (PUD), which are typically less than the required square footage required in residential development outside of a PUD.
COUNCIL:
The elected Priest River City Council.
COUNTRY CLUB:
A private club organized to provide for the recreational needs of its membership, including golf, tennis, swimming, and other athletic pursuits. It may include facilities for dining and private parties. It shall be supported by annual membership fees and fixed endowments and shall not be open to nonmembers except as guests.
COUNTY RECORDER:
The person at the County who records (or puts into public record) all the legal papers including, but not limited to, plats, deeds, contracts, surveys, marriage licenses, etc., for Bonner County.
COVENANT:
A written agreement, promise, or pledge.
CULVERT:
A drain that channels water under a bridge, street, road, or driveway.
DEDICATION:
The setting aside of land or interests in land for use by the public by ordinance, resolution, or entry into the official minutes, or to a home owners’ association as by the recording of a plat. Publicly dedicated land becomes public land upon the acceptance by the City.
DENSITY:
The number of residential or commercial units per acre of land.
   Gross Density:
The number of units per acre of total land to be developed including public right-of-way.
   Net Density:
The number of units per acre of land when the acreage involved includes only the land devoted to other uses, excluding public right-of-way.
DENSITY PROVISIONS:
The requirements for each land use district to encourage, protect, and preserve the health, safety, and general welfare of the area, through standards which include yards, height, bulk, lot area, lot coverage, and occupancy limitations.
DESIGN STORM:
A rainfall event of 25-year/24-hour based on Sandpoint, Idaho locale, 2.19 inches of rainfall.
DETENTION AREA:
The temporary storage of storm runoff in a grass infiltration (GIA), which is used to control the peak discharge rates, and which provides gravity settling of pollutants.
DEVELOPER:
Authorized agent(s) of a subdivider or the subdivider himself.
DISTRICT OR ZONE:
A section or district of the City within which the standards governing the use of buildings and premises are uniform.
DUPLEX:
A multi-family residential structure consisting of two (2) dwelling units.
DWELLING, MULTI- FAMILY:
A building consisting of two (2) or more residential units including apartment houses, townhouses, and condominiums with varying arrangements of entrances and separating walls.
DWELLING, SINGLE- FAMILY:
A building consisting of a single residential unit only, separated from other residential units by open space or connected at a lot line by a common garage wall.
DWELLING UNIT:
The space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
EASEMENT:
A grant by a property owner to specific persons or to the public to use land for specific purposes.
ENGINEER:
Any person who has scientific training and who designs and builds complicated products, machines, systems, or structures and is licensed by the State.
EROSION:
The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
EROSION/SEDIMENT ATION:
Any temporary or permanent measures taken to reduce erosion; control siltation and sedimentation; and ensure that sediment-laden water does not leave the site.
EXISTING TREE:
A tree at least three inches (3") in diameter which is on a property at the time of any application in accordance with the Design Review Overlay District.
FLOOD:
A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
FLOOD OF 100-YEAR FREQUENCY:
A flood magnitude, which has a one percent (1%) chance of being equaled or exceeded in any year.
FLOODPLAIN:
The relatively flat area or low land adjacent to a body of water which is naturally subject to flooding and included in the U.S. Army Corps of Engineers 100-year floodplain or has a one percent (1%) chance of occurring in any given year. The floodplain includes the channel, floodway, and floodway fringe.
FLOODWAY:
The channel or a watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any water course.
FLOODWAY FRINGE:
That part of the floodplain which is beyond the floodway. Such areas will include those portions of the floodplain which will be inundated by the flood of 100-year frequency.
FLOOR-AREA-RATIO:
The ratio of usable floor area of a structure to the total area of the lot occupied by the structure.
GABLE:
The part of the wall that encloses the end of a pitched roof.
GOLF COURSE (COMMERCIAL):
Any private or public enterprise designed for the play of golf, and the accessory building(s) and club house(s) necessary to its operation.
GOLF COURSE (RESIDENTIAL):
Any private or public enterprise designed for the play of golf, having at least nine (9) holes - sixty percent (60%) of which are par four or greater, and the accessory building(s) and club house(s) necessary to its operation.
GRADE:
The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GROSS FLOOR AREA:
The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Gross floor area does not include basements when at least one-half (1/2) of the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on- or off-site that is not part of the use’s minimum parking standard), attic space having a floor-to-ceiling height of less than seven feet (7'), exterior balconies, uncovered steps, or inner courts.
GROUND WATER:
Water in a saturated zone or stratum beneath the land surface or a surface water body.
HEALTH AUTHORITY:
The legally designated health regulator or its authorized representative of the City of Priest River.
HEALTH DISTRICT:
Panhandle Health District (Region I).
HILLSIDE SUBDIVISION:
Any subdivision or portion thereof, having an average slope of eight percent (8%) or more.
HOME OCCUPATION:
A profession, trade, skill, or service possessed and utilized, in whole or in part, by a family member for monetary gain within or upon the premises of a permanent dwelling unit in a Residential District.
HOTEL:
A building in which lodging is provided and offered to the public for compensation and which is open to transient guests. Distinguishable from a motel primarily by:
 
A.   Lack of exterior access to individual rooms, and
 
B.   Parking for privately owned vehicles, if provided, is interior rather than exterior.
HYDRIC SOIL:
Soil that is permanently or seasonally saturated by water, resulting in anaerobic conditions, as found in wetlands.
HYDROPHYTES:
A plant that grows only in or on water.
IMPERVIOUS SURFACE:
A hard surface area which either prevents or retards the entry of water into the soil and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, or gravel roads.
IMPROVEMENT:
Any alteration to the land or other physical constructions associated with subdivision and building sites.
INFILTRATION:
The downward movement of water from the surface to the subsoil. The infiltration capacity is expressed in inches/hour.
INTERFLOW:
The lateral movement of water in the unsaturated zone, that first returns to the surface or enters a stream prior to becoming ground water.
INTERMITTENT STREAM:
A stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long-continued supply from melting snow or other sources. It is dry for a large part of the year, ordinarily more than three (3) months.
JUNK YARD:
A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including automobile, RV, mobile or manufactured home, wheeled or unwheeled wrecking yards, used-lumber yards, and yards used for use of salvaged house wrecking and structural steel materials and equipment.
KENNEL:
   Commercial Kennel:
An establishment primarily offering boarding, training and/or breeding services and the associated sale of dogs, with the exclusion of veterinary hospitals.
   Noncommercial Kennel:
Any one household that keeps, maintains, harbors or possesses more than three (3) dogs over six (6) months of age. Incidental sale of such animals shall not disqualify households of noncommercial kennel status.
LAND DISTURBING ACTIVITY:
Any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, logging, grading, filling and excavation.
LARGE ANIMAL:
Any animal, including horses, cattle, sheep, swine, goats and all wild and exotic animals which are normally classified by a veterinarian as a large animal.
LARGE SCALE DEVELOPMENT:
A subdivision or planned unit development, the size of which consists of thirty (30) or more lots or dwelling units.
LIGHT MANUFACTURING AND LIGHT ASSEMBLY:
Product assembly or mixing where previously processed components or manufactured parts produced off site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. These uses are typically characterized by low to medium intensity and should not emit smoke, gas, odor, dust, sound, vibration, soot, or excessive lighting that might be obnoxious or offensive to nearby residents or businesses. Can include food production, consumer electronics, home furnishings, toys, clothing, and printing.
LOCATION MAP:
A small scale map showing location of a tract of land in relation to a large area, essentially the whole community or County.
LOT:
A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as required. Lots shall have frontage on an approved public street and may consist of:
 
A.   A single lot of record;
 
B.   A portion of a lot of record; and/or
C.   A combination of complete lots of record, or of portions of lots of record.
LOT AREA RATIO:
The ratio of a building’s gross floor area to the area of the lot on which the building is located.
LOT COVERAGE:
That portion of a lot that is occupied by the principal building and its accessory buildings, usually expressed as a percentage of total lot area.
LOT DEPTH:
The horizontal distance between the front and rear lot lines.
LOT FRONTAGE:
The front of a lot shall be construed to be the portion nearest the street. For determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under “yards” in this section.
LOT LINE ADJUSTMENT:
The movement of property lines between adjoining platted parcels or combining adjoining parcels. No additional parcels are created, and no resultant parcels are reduced below the zoning district minimum parcel size.
LOT, MINIMUM AREA OF:
The total area of a lot when computed exclusive of any portion of the right-of-way of any public or private street or any easement for any path or other land dedication.
LOT TYPES:
The terminology used in this title with reference to corner lots, interior lots, and through lots is as follows:
 
A.   Corner Lot: A lot located at the intersection of two (2) or more streets;
 
B.   Interior Lot: A lot with only one frontage on a street;
 
C.   Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots which abut two (2) streets may be referred to as double frontage lots; and
D.   Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
LOT WIDTH:
The distance between side lot lines measured at the front yard building line; in case of irregular shaped lots, the lot shall be measured as a point midway between the front and rear lot lines. In all cases, front property line shall be no less than fifty feet (50') in width
MANUFACTURED HOME LOT:
A parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
MANUFACTURED HOME PARK:
A tract of land under single ownership, developed for providing the placement of two (2) or more individual rental spaces for the placement of manufactured homes within its boundaries.
MANUFACTURED HOME STAND:
That part of an individual lot that has been reserved for the placement of the manufactured home, appurtenant structures or additions.
MANUFACTURED HOMES:
As defined by Idaho Code.
MIXED USE BUILDING:
A building that contains at least one floor devoted to allowed nonresidential uses and at least one floor devoted to allowed residential uses.
MIXED USE LOT:
A lot that contains at least one structure devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.
MOBILE HOME:
As defined by Idaho Code.
MODULAR HOME:
Any factory-built housing designed primarily for residential occupancy by human beings which is designed to be assembled upon a permanent foundation with permanent utility connections and is not designed for transport on public streets or highways on its own chassis and wheels. Modular homes are designed for transport only to a building site and are not designed to be removed from that site. Modular homes are further differentiated from manufactured homes in the following manner(s):
 
A.   They consist of two (2) or more sections or modules.
 
B.   They are designed to require internal and external finishing greater than simple joining of sections, tie down, skirting, and utility connection.
 
C.   They do not have, never have had, and were not designed to have a chassis and wheels of their own for transport to site.
MONUMENT:
Any permanent survey marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.
MOTEL:
A group of attached or detached buildings containing individual sleeping or living units where most of the units open individually and directly to the outside, and where a garage is attached, or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients. The definition shall also include “auto courts”, “tourist courts” and “motor lodges”.
MOTOR HOME:
A self-propelled highway vehicle designed to be operated upon roads or highways and fitted with equipment and furnishings for human habitation. Not intended for long term or permanent living quarters.
MULTI-FAMILY:
Multi-family is a classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within a complex. Units can be next to each other or stacked on top of each other. A common form is an apartment building.
NET AREA:
The total usable area exclusive of space dedicated to such things as streets, easements and use out of character with the principal uses.
NONCONFORMING LOT:
A lot of record which lawfully existed at the effective date of the provisions of this title, but which, because of the application of this title to it, no longer meets lot area or width requirements prescribed in this title for the district in which it is situated.
NONCONFORMING USE:
A use or activity involving a building or land occupied or in existence at the effective date of this title or at any time of any amendments which does not conform to the standards of the zoning district in which it is located.
NUTRIENTS:
Essential elements needed by plants or animals for growth.
OFF-STREET PARKING:
An off-street parking place shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room; but, shall be located totally outside of any street or alley right-of-way.
OFFICIAL MAP:
The drawing established by the City Council showing the streets, highways, and parks laid out, adopted and established by law and any amendments adopted by the City Council and any additions resulting from the approval of subdivision plats or annexations.
OIL/WATER SEPARATORS:
Devices designed to separate gross amounts of oil and suspended solids from the wastewater effluents of oil refineries, petrochemical plants, chemical plants, natural gas processing plants, and other industry oily water sources. Highly recommended to be installed in any new business or industry working with gas and/or oil products.
OPEN SPACE:
Areas for outdoor recreation activity, exclusive of streets and buildings.
ORDINARY HIGH- WATER MARK:
The ordinary high-water mark on all lakes and streams is that mark which will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland.
ORIGINAL PARCEL OF LAND:
A lot or tract as recorded on any plat or record on file in the Office of the County Recorder, or any un- platted contiguous parcel of land held in one ownership and of record at the effective date of this title.
OUTDOOR LIGHT FIXTURES:
Include but are not limited to lighting for billboards, streetlights, shopping center parking area lights, advertising signs and area-type lighting.
OUTLINE ILLUMINATION:
Any lighting accent attached to a building or sign, using either neon or fluorescent light tubes. Ballasts for fluorescent lighting shall not exceed eighty (80) ma., and transformers for neon tubing shall not exceed thirty (30) ma.
OVERLAND FLOW:
The movement of water over land, downslope toward a surface water body.
OWNERSHIP:
The individual, firm, association, syndicate, partnership or corporation having any interest in the land to be subdivided.
PARAPET:
A low protective wall along the edge of a roof, bridge or balcony.
PERFORMANCE BOND:
An amount of money or other negotiable security paid by a subdivider or his surety to the City Clerk which guarantees that the subdivider will perform all actions required by the City Council regarding an approved plat and provides that if subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PERMIT:
A written permission issued by the City allowing the construction, alteration, and extension of any structure or the grading of any lot under the provisions of this title and regulations issued hereunder.
PERVIOUS, NO FINES, OR POROUS CONCRETE OR ASPHALT:
A special type of concrete or asphalt with a high porosity that allows water from precipitation and other sources to pass directly through, thereby reducing the runoff from a site and allowing ground water recharge.
PLANNED UNIT DEVELOPMENT SUBDIVISION:
A subdivision designed as residential, commercial, or industrial uses or a combination thereof, planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the selling of individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings.
PLAT:
The drawing, mapping or planning of a subdivision, cemetery, townsite or other tract of land or a re- platting of such including certifications, descriptions and approvals:
   Final Plat:
The final and formal presentation by drawings of an approved subdivision development, the original and one copy of which is filed with the County Clerk and Recorder.
   Preliminary Plat:
The first formal presentation by drawings of a proposed subdivision.
PREMISES:
An area of land with its appurtenance and building which, because of its unity of use, is one unit of real estate.
PRINCIPAL USES PERMITTED OUTRIGHT:
Uses allowed as a matter of right within certain land use districts without public hearing, zoning permit, conditional use or variance; provided that such use is in accordance with requirements of that district and general conditions stated elsewhere in this title.
PROHIBITED USES:
Any use which is not specifically enumerated or interpreted as allowable in that district.
PUBLIC NUISANCE:
Any violation of the provisions of this Code. Any violation of this title shall be subject to prevention or abatement in an action at equity to the same extent as are other public nuisances.
PUBLIC SERVICE FACILITY:
The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by public utility or association, by a Municipal or other governmental agency.
QUALIFIED, LICENSED PROFESSIONALS:
A licensed engineer, surveyor, landscape architect, architect, soil scientist or other individual who has demonstrated a professional ability to design, among other professional services, stormwater systems and certify their effectiveness with a registered stamp.
RECONSTRUCTION:
Any modification of the cross-section or sub-grade of an existing roadway. Paving or re-paving shall not be considered reconstruction.
RECREATION AREA:
A parcel of land having recreational equipment and open space to be used for leisure activities for the residents.
RECREATIONAL VEHICLE:
An enclosed piece of equipment, with or without motor power, primarily designed as temporary living quarters for recreation, camping, or travel use including but not limited to: motor home, travel trailer, truck camper, and camping trailer.
RECREATIONAL VEHICLE PARK, CAMP, OR COURT:
Any park, camp, court, site, lot, parcel or tract of land under unified ownership, designated, maintained or intended for supplying a location of accommodations for any recreational vehicle to park overnight or for a limited extended stay. Parks are designed for two (2) or more recreational vehicles and include all buildings and open space used or intended for use as part of the facilities.
RECREATIONAL VEHICLE SITES OR UNITS:
An area in a recreational vehicle park designed for the parking of one recreational vehicle (RV). Each site or unit shall incorporate a paved pad for parking the RV, a paved area for parking of motor vehicles, and an area surrounding the RV for the use of the occupants.
REFUSE DUMP:
An area devoted to the dumping of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals. This definition shall include landfills.
RESERVE STRIP:
A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RETAIL STORE/RETAIL SERVICE:
Those establishments whose stock in trade and/or service are not directly related to the day to day activities normally associated with keeping a residential dwelling and whose activities normally lead to congestion heavier than that associated with neighborhood services. Examples would include supermarkets, discount stores, spa and pool outlets, feed stores and building supply stores.
RETENTION PERIOD:
The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
RETIREMENT HOME:
An establishment operated for providing domiciliary care for a group of persons who by reason of age are unable or choose not to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness and in which no more than fifty percent (50%) of the dwelling units have kitchen facilities. Nursing, convalescent or rest homes and hospitals or sanitariums shall not be construed to be included in this definition.
RIGHT-OF-WAY, PRIVATE:
Every way, lane, road, street and every way or place, not including private driveways serving only the owner of the property where situated, which is in private ownership inside the limits of incorporated City, and is used, or subject to being used, for travel by the owner or owners, or those persons having express or implied permission from the owner or owners, but not by other persons.
RIGHT-OF-WAY, PUBLIC:
Every way, lane, road, street, boulevard and every way or place in the City open or subject to being open, as a matter of right to public vehicular travel inside the limits of the incorporated City.
ROOF TYPES:
   Gable Roof:
A roof with two (2) sloping sides and a gable at each end.
   Gambrel Roof:
A roof with two (2) sides, each of which has a shallower slope above a steeper one (barn roof).
   Hip Roof:
A roof with the ends inclined as well as the sides.
   Mansard Roof:
A roof that has four (4) sloping sides, each of which becomes steeper halfway down.
RUNOFF:
Water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands, as well as shallow ground water.
SANITARY DUMP STATION:
A facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.
SATURATED ZONE:
Encompasses the area below ground in which all interconnected openings with the geologic medium are completely filled with water.
SEAT:
For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated each twenty four (24) linear inches of benches, pews or space for loose chairs.
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 water courses.
SENIOR CITIZENS CENTER:
A building and facilities intended for the use of persons sixty five (65) years and over and to meet their particular social, recreational and meeting place needs.
SERVICE BUILDING:
A structure housing toilet, lavatory and other servicing facilities as may be required by this Code.
SERVICE STATION:
A retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories, and for the washing, lubrication and repair of automobiles.
SETBACK OR SETBACK LINE:
A line or point established by this title, generally parallel with and measured from the lot line, to establish the location acceptable for building or placing any permitted structure.
SHORELINE AREAS:
Those lands extending landward for two hundred feet (200') in all directions as measured on a horizontal plane from the ordinary high water mark.
SIGN:
Any identification, description, illustration, symbol, statue or device, illuminated or non-illuminated, which is visible from any public place designed to advertise, identify or convey information, or otherwise directs attention to (including any landscape where letters or numbers are used), used for directing the public’s attention to a product or location, except for window displays and flags of any state or nation. For removal, sign shall also include all sign structures.
SIGN TYPES AND STRUCTURES:
   Abandoned Sign On Premises:
A sign, which no longer advertised a bona fide business, lessor, owner, product or activity conducted or product available on the premises where the sign is displayed.
   Architectural Blade:
A roof sign or projecting sign with no visible legs or braces designed to look as though it could have been part of the building structure, rather than something suspended from or standing on the building.
   Area Of A Sign:
The area of all faces of the sign within a perimeter which forms the outside shape including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Where poster panels or bulletins are installed back to back, both faces are considered area.
   Background Area:
The area comprising the message portion of the sign, behind the copy of the sign, not including the support structure.
   Banner:
A long, narrow flag hung over a street or entrance.
   Banner Sign:
A temporary sign composed of lightweight material secured or mounted to allow movement caused by the wind.
   Billboard:
An outdoor advertising sign, being any structure or portion thereof, upon which lettered or pictured material is displayed for advertising purposes, which is not situated on the premises occupied by the enterprise, organization or activity being advertised. Billboards do not include painted walls.
   Canopy Or Marquee Sign:
Any sign attached to or constructed in or on a canopy or marquee.
   Changeable Copy Sign (Automatic):
An electronically controlled time, temperature and date sign, message center or reader board, where different copy changes are shown on the same location.
   Changeable Copy Sign (Manual):
A sign on which copy, or sign panels may be changed manually in the field, such as boards with changeable letters or numbers or changing pictorial panels.
   Construction Sign:
A temporary sign identifying a building or construction site and architects, engineers, financial institutions, contractors and suppliers involved.
   Copy:
The wording on the sign surface.
   Flashing Sign:
Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent light by means of animation, or an externally mounted intermittent light source.
   Free-Standing Sign:
A sign erected on a free-standing frame, mast or pole and not attached to any building.
   Height Of Sign:
The vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of the sign. Elevated roadways shall not be used to measure height.
   Internally Lighted Sign:
A sign which is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign.
   Neon Sign:
Any sign that has exposed neon tubing.
   Nonconforming Sign:
Any advertising structure or sign which was lawfully erected and maintained prior to the time it came into the purview of this title, and which fails to conform to all applicable regulations and restrictions of this title.
   Off-Premises Or Off-Site Sign:
Any sign that relates to or advertises products, services or uses at, or directs persons to, a different premises upon which the sign is installed.
   On-Premises Sign:
A sign calling attention to any business, product or activity conducted or produced on the property where the sign is located or identifying the premises upon which the sign is located.
   Outdoor Advertising:
Any structure or portion thereof which is exterior to a building and is to advertise goods or services or activities, including billboards. The advertising area shall not exceed sixty two (62) square feet and shall consist of only one product display per facing.
   Pennant:
A piece of cloth, plastic, paper or other such material varying in size, shape or design, erected as an advertising device to draw attention to the site upon which it is located.
   Permanent Sign:
Any sign other than a temporary sign.
   Portable Sign:
A sign not permanently attached to the ground or building.
   Projecting Sign:
A sign other than a wall sign, which is attached to and projects from the structure or building face.
   Roof Sign:
Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
   Temporary Sign:
A sign, which is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of a nation), searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.
   Wall Sign:
A sign painted on, attached to or erected against a wall of a building with face parallel to the building wall and extending not more than one foot (1') from the wall, and the bottom of the sign must be eight feet (8') from the ground.
SITE PREPARATION:
The act of preparing a parcel of property for development and shall include installation of utilities, tree removal, excavation work; including digging, filling, removing or moving of earth.
SKIRTING:
The hiding from view of the understructure components of a manufactured home by the means of wood, aluminum, steel or other metal sheeting, installed between the ground level and the bottom of the manufactured home. The skirting shall be stained or painted and neatly and attractively installed.
SPECIAL USE:
See definition of conditional use.
SPORTS OR ATHLETIC CLUB:
A facility designed for the athletic recreation of its members. It does not include entertainment or party facilities.
STATE:
The sovereign territory of Idaho, USA.
STORM FREQUENCY:
The time between major storms of predetermined intensity and volumes of runoff for which storm sewers and other structures are designed and constructed without fear of back flooding. A 2-year, 25-year, or 100-year storm, represents the percentage of chance of the particular storm event at any given time:
 
A.   2-year event has a fifty percent (50%) chance any given year;
 
B.   25-year event has a four percent (4%) chance of meeting or exceeding in any given year;
 
C.   100-year event has a one percent (1%) chance of meeting or exceeding in any given year and has the same probability in each and every year, so any of these are possible in consecutive years.
STORMWATER:
That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel, or a constructed infiltration facility.
STORY:
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 the 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 unused under-floor space is more than six feet (6') above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, it shall be considered a story.
STORY - FIRST:
The lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.
STREET:
A right-of-way which provides access to adjacent properties, the declaration of which has been officially accepted.
STREET TYPES:
   Alley:
A public right-of-way not over thirty feet (30') wide which affords, generally, a secondary means of access to abutting lots, not intended for general use. Alleys are maintained by the properties abutting the alley. Alleys shall be subject to the authority of the City.
   Arterial Road:
A major or main route, highway, or main road.
   Collector Street Or Road Or Distributor Road:
A low-to-moderate-capacity street which serves to move traffic from local streets to arterial roads. Unlike arterials, collector streets are designed to provide access to residential properties.
   Cul-De-Sac:
A street connected to another street at one end only and provided with a turnaround space at its terminus.
   Frontage Street:
A minor street, parallel to and adjacent to an arterial street to provide access to abutting properties.
   Highway:
A main road, especially one connecting major towns or cities, and designated by an appropriate State or Federal agency.
   Loop:
A minor street with both terminal points on the same street of origin.
   Minor Street:
A street which has the primary purpose of providing access to abutting properties.
   Partial Street:
A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
   Private Street:
A street that is not accepted for public use or maintenance, which provides vehicular and pedestrian access.
STRUCTURE:
Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet (6') in height.
SUBDIVIDER:
A subdivider shall be deemed to be an individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision or tract of land in accordance with the provisions of this title. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION:
The result of an act of dividing an original lot, tract or parcel of land into two (2) or more lots or parcels for sale, lease, financing, gift or building construction, whether immediate or future.
SUBSTANTIALLY SIMILAR USE:
Describes the level of similarity necessary to prove the degree of similarity, between those uses permitted outright or listed as a conditional use, are such that the proposed use might be expected to be found in this title as determined in accordance with section 10-3-6 of this title. In addition, a substantially similar use fits logically into the City model and Comprehensive Plan.
SUBSTRATE:
A substance or layer that underlies something, or on which something occurs, in particular.
SURETY:
A person who takes responsibility for someone else’s performance of an undertaking, or payment of debt.
SURFACE WATERS:
All waters which stand upon or flow along the surface of the ground. All lakes, continuously flowing streams, and other bodies of water that are at least one-fourth (1/4) acre in surface area shall be considered to have a shoreline.
SURVEYOR:
A person who is licensed in the State as a public land surveyor, whose occupation is determining the size, shape, or boundaries of a piece of land.
SWALE:
A shallow drainage conveyance or infiltration area with relatively gentle side slopes, generally with flow depths less than one-half foot (1/2').
TENNIS CLUB:
A country club, organized solely for the play of tennis.
TRAVEL TRAILER:
See definition of “recreational vehicle”.
TREATMENT BEST MANAGEMENT PRACTICE:
A Best Management Practice (BMP) that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales and constructed wetlands.
UNIQUE SITE CHARACTERISTICS:
Soil, slope or depth to bedrock conditions that will not accommodate on-site treatment through infiltration to the standards specified in this title. Unique site characteristics include those circumstances which prevent or deprive the property owner of rights commonly enjoyed by other properties in the district under this title and are not a result of the actions of the property owner and may be used as a basis for a variance request.
UNSATURATED ZONE:
The portion of the subsurface above the ground water table. The soil and rock in this zone contain air as well as water in its pores.
USE:
An activity or purpose for which land or premises or a building is designed, arranged or intended or for which it is occupied or maintained, let or leased.
UTILITIES:
Installations for conveying water, sewage, gas, electricity, television, stormwater, and similar facilities providing service to and used by the public.
VACATED PLAT:
A recorded plat which has been removed from the County records under provisions of Idaho Code.
VARIANCE:
A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other code provisions affecting the size or shape of a structure or the size of lots. A variance shall not be considered a right or a special privilege but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
VICINITY:
The area surrounding a use in which such use produces a discernable influence by aesthetic appearance, traffic, noise, glare, smoke or similar influences.
VICINITY MAP:
A small-scale map showing the location of a tract of land in relation to a larger area.
WETLANDS:
Lands which are transitional between the earth and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water, and are made up of the following attributes:
 
A.   The land periodically supports predominately hydrophytes;
 
B.   The substrate is predominantly un-drained hydric soil;
C.   The substrate is non-soil and is saturated with water at some time during the growing season each year.
 
Wetland areas shall be protected from construction and site preparation with a minimum of a twenty five foot (25') setback.
WIDTH:
The measurement taken at right angles to the length, which is the longer or longest dimension.
WRECKING YARD:
Premises used for the storage or sale of new automobile parts, or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, truck machinery and their parts.
YARD:
A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
   Front Yard:
A portion of land extending between side lot lines across the front of the lot and from the front lot line to the furthest architectural projection of the principal building.
   Interior Side Yard:
A portion of land extending from the furthest architectural projection of the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
   Rear Yard:
A portion of land extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the furthest architectural projection of the principal building.
   Street Side Yard:
A portion of land extending from the furthest architectural projection of the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
ZONE TRANSITION LOT:
A parcel of land abutting a district boundary where the district boundary is not a street upon which more restrictive standards are affixed. The width of such parcel shall be the width of the lot, if platted, but not to exceed one hundred feet (100') in any distance.
ZONING:
The regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land use and buildings which provide for the proprietary type service for the community’s benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious development.
ZONING LOT:
A tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning purpose in the district in which the land is situated, and having its principal frontage on a public street of a standard width. A “zoning lot” which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County.
ZONING PERMIT:
A permit, issued by the City of Priest River, which authorizes land to be used for specific purposes.
ZONING, SPOT:
A discouraged variation in zoning where a piece of land is zoned differently than the zoned property surrounding it. (Ord. 597, 8-6-2018; amd. Ord. 605, 8-5-2019; Ord. 634, 6-17-2024)