08 - DEFINITIONS
Sections:
For the purposes of this title, certain terms are defined as set forth in this chapter. All words in the present tense include the future tense; the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Accessory building" means a building which is subordinate to and incidental to the principal building on the same lot, but does not include any building containing a dwelling unit as hereinafter defined, or which is used for human occupancy. Any person desiring to construct, build, or locate an accessory building or structure within a rear yard shall comply with all provisions of the International Building Code and the International Residential Code as adopted by the city, shall not construct on any portion of a written easement or prescriptive easement, and shall obtain a building or a zoning permit from the city building inspector. All portions of the accessory building or structure such as eaves, steps or other protrusions from the building or structure shall be set back the required distance from the side or rear yard lot lines or easements. Exception: The following structures are not considered or allowed as Accessory Buildings: Railroad Cars, Truck/Semi Trailers, Mobile Homes, Construction Trailers, Recreational/Travel Trailers or Vehicles, a Bus or any portion thereof, vehicles and/or similar prefabricated items and structures originally built for purposes other than the storage of goods and materials.
Shipping/Cargo Containers are permitted as Accessory Buildings in Single Family Residential Zone(R-1), Combined Residential Zone(R-2), Multiple Family Residential Zone(R-3), Neighborhood Commercial Zone(C-1), Community Commercial Zone(C-2), Service Commercial Zone(C-3), Agriculture Zone (A-1, A-2), Light Industrial Zone(M-1), and Heavy Industrial Zone(M-2), and in some instances placement would require a Conditional Use Permit pursuant to Chapter 17.68.
(Ord. 445 Ch. 4 §5A(part), 1981)
(Ord. No. 663, § 1, 1-18-2017; Ord. No. 683, § 1, 2-1-2023)
"Accessory use" means a use incidental and subordinate to the principal use of the premises.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Agriculture" means tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, commercial feed lots.
(Ord. 445 Ch. 4 §5A(part), 1981).
"Airport" means any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Animal hospital" means any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Apartment" means a room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
(Ord. 445 Ch. 4 §A (part), 1981)
"Automobile sales lot" means premises on which new and used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Automobile service station" means premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor motor vehicle repairs and/or manual or automatic car washes.
(Ord. 513 §1, 1989: Ord. 445 Ch. 4 §5A (part), 1981)
"Automobile wrecking yard" means any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operating condition are standing more than thirty days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Block" means the space along one side of a street between the two nearest intersecting streets, or between an intersecting street and a right-of-way, waterway or other similar barrier, whichever is lesser.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Boarding house" means a building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than twelve persons who are not members of the householder's family.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Building" means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Detached building" means a building surrounded by open space on the same lot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Nonconforming building" means any building which does not conform to the requirements of this title.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Government building" means a building owned or used by the federal, state, county, or city government, or any political subdivision, agency or instrumentality thereof.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Business" or "commerce" means the purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit of livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.
(Ord. 445 Ch. 4 §5A (part), 1981)
"City" means the City of Soda Springs, Idaho.
(Ord. 445 Ch. 4 §5A (part), 1981)
"City clerk" means the city clerk of the city.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Commission" means the planning/zoning commission of the city. The planning commission is declared to also be the zoning commission of the city.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Comprehensive plan" means the comprehensive plan for the city officially adopted by the council as such.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Conditional use" means a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Council" means the city council of the city.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Day care" means the care and supervision provided for compensation during part of a twenty-four-hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's or children's own home or homes.
(Ord. 574 §3, 1998)
"Day care center" means a place or facility providing day care for compensation for thirteen or more children.
(Ord. 577 §2, 1999: Ord. 574 §4, 1998)
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Drive-in establishment" means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Dwelling" means a building, or portion thereof, containing one or more dwelling units. The term dwelling does not include any trailer, motel, hotel, guest house or boarding house as defined herein.
(Ord. 445 Ch. 4 §5A(part), 1981)
"High-rise multiple-family dwelling" means a multiple-family building, or portion thereof, containing five or more stories and which may include off-street parking facilities, and having at least one passenger elevator to serve the dwelling units.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Multiple-family dwelling" means a multiple-family building, or portion thereof, containing three or more dwelling units.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Single-family dwelling" means a building designed for use and occupancy by no more than one family. Single-family dwellings may include manufactured homes, so long as they are constructed according to HUD/FHA construction and safety standards, are transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or is forty body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. In order to qualify for the status of a single-family dwelling, a manufactured home must meet the following minimum standards:
A.
Mass produced in a factory;
B.
Designed and constructed for transportation to a site for installation and use when connected to required utilities, and be permanently connected to city utilities;
C.
Built on a permanent chassis;
D.
Be at least twenty feet wide at the narrowest point, with a minimum of five hundred square feet per section. The total square footage minimum shall equal one thousand square feet;
E.
Shall be certified as meeting the construction and safety standards of the U.S. Department of Housing and Urban Development;
F.
Have a roof constructed of materials equal to and comparable in quality to those used on site built homes, with a minimum slope or pitch of sixteen percent, 2:12 (two inches of rise to twelve inches of run);
G.
Have an eave of a minimum of six inches attached to the entire perimeter of the roof;
H.
Have siding which is equal to and comparable with standard site built siding materials;
I.
Be placed upon and permanently affixed to a permanent foundation of cement, or masonry block, with running gear and towing hitch removed. No metal skirting shall be allowed. No gaps or openings shall appear between the bottom of the manufactured home and the permanent foundation. The permanent foundation shall be constructed of concrete or masonry block in accordance with I.C. § 44-2205, System A or System B, and in accordance with I.C. § 44-2205(3). Masonry block foundations shall be acceptable, so long as the appearance is that of a concrete foundation. The foundation shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade. Foundation facia shall be immediately installed at the time of placement of the manufactured home upon the premises;
J.
Shall be permanently affixed in accordance with manufacturer's specifications and this section set upon a foundation base having an anchoring system that is totally concealed under the structure;
K.
Shall obtain a building permit and supply the city with a set of manufacturer's blocking and anchoring requirements to insure that the manufactured home is assembled on-site to standards regulating the anchoring of the structure to its foundation and other building requirements;
L.
The exterior covering and roofing materials of a garage or carport to be attached to the manufactured home must be similar to those of the main portion of the manufactured home;
M.
Concrete steps shall be required for all entry ways into a manufactured home;
N.
The architecture and design of the manufactured home shall not be incompatible with the surrounding homes and area;
O.
The roof shall have a snow load tolerance of thirty pounds per square foot;
P.
All manufactured homes shall be constructed according to FHA and HUD construction and safety standards. No manufactured home shall be placed or located within the city other than newly manufactured homes, which shall be defined as manufactured homes which have been constructed within one year prior to date the same is located upon a permanent foundation within the city, and has not been previously used or located as a single-family dwelling or other dwelling at any other location;
Q.
The owner shall record with the county recorder of Caribou County, Idaho, a nonrevocable option declaring the manufactured home as real property, and the manufactured home shall be thereafter taxed as real property.
(Ord. 557 §§1, 3, 1996; Ord. 539 §1, 1993)
"Two-family dwelling" means a detached building designed for and occupied exclusively by two families living independently of each other.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Dwelling unit" means one or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Easement" means a non-possessory right to use the land of another for a limited purpose such as access to construct, reconstruct, maintain and repair utility lines.
(Ord. No. 663, § 2, 1-18-2017)
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface water from any source.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Flood hazard boundary map (FHBM)" means the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood hazard boundary map, and the water surface elevation of the base flood.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Floodplain overlay district" means an overlay zoning district that regulates building construction and improvements, in addition to the zoning requirements of the underlying zone, in flood-prone areas as set forth by the National Flood Insurnace Program.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Gross floor area" means the sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Net floor area" means that portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or restrooms and laboratory or work rooms; provided however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
(Ord. 445 Ch. 4 §5A{part), 1981)
"Group day care facility" means a home, place, or facility providing day care for three to twelve children.
(Ord. 577 §1, 1999)
"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.
(Ord. 445 Ch. 4 §5A(part), 1981}
"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the height gable of pitch or hip roof.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Home occupation" means any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions:
A.
The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;
B.
The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof;
C.
No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use;
D.
The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district;
E.
The use creates no additional traffic and requires no additional parking space;
F.
No persons are employed other than those necessary for domestic purposes;
G.
Not more than one-fourth of the gross area of one floor of said dwelling is used for such use;
H.
The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Hotel" means an establishment that provides lodging and usually meals, entertainment, and various personal services for the public.
(Ord. No. 656, § 2, 7-6-2016)
"Junk yard" means an outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Commercial kennel" means any lot or premises or portion thereof, on which three or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Off-street loading and unloading space" means an open off-street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alley.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot" means a unit of land described by metes and bounds or a part of a recorded subdivision so recorded for transfer of ownership.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Corner lot" means a lot which is bounded on two or more sides by street lines, where the angle of intersection does not exceed one hundred thirty-five degrees.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot coverage" means the area of a lot occupied by the principal building or buildings and accessory buildings.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot line" means the boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line or most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot width" means the horizontal distance between side lot lines measured at the right angles to the depth at a point midway between the front and rear lot lines.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Manufactured home" means a structure constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or is forty body feet or more in length, and when erected on-site is one thousand square feet or more in size, and which is built on a permanent chassis, and designed to be used as a dwelling unit with a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes shall not include travel trailers, or other similar recreational vehicles.
(Ord. 557 §2, 1996: Ord. 539 §4, 1993)
"Mobile home" means a detached single-family dwelling unit with all the following characteristics:
A.
Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems.
B.
Designed to be transported after fabrication on its own wheels or on flat bed or other trailers or detachable wheels;
C.
Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Mobile home park" means any area, tract, plot, or site of land, whereupon two or more mobile homes are placed, located and maintained for dwelling purposes on a permanent or semi-permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person holding the land.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Mobile home subdivision" means a subdivision of land, as defined by Title 16, for the exclusive placement of mobile homes for single-family residential dwelling, provided each mobile home shall have a minimum size of six hundred square feet and; provided, that all mobile homes placed upon said lots shall be placed upon a masonry foundation and the tongue, undercarriage and wheels shall be removed from said mobile home upon placement.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Motel" means an establishment which provides lodging and parking for travelers and in which the rooms are usually assessable from an outdoor parking area.
(Ord. 445 Ch. 4 §5A (part), 1981)
(Ord. No. 656, § 1, 7-6-2016)
"New construction" means structures for which the start of construction, as defined in Section 17.08.680, commenced on or after the effective date of the ordinance codified in this title.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Nonconforming use" means any use lawfully occupying a building, structure or land at the effective date of the ordinance codified in this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Nursery school" means an institution providing care, with or without instruction, for more than five children of preschool age.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Nursing home" or "convalescent home" means a building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.
(Ord. 445 Ch.4 §5A (part), 1981)
"Rest home" or "elderly housing" means where medical care is not administered.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Parking lot" means an open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Parking space" means usable space within a public or private parking area or building, not less than one hundred and eighty square feet, (nine feet by twenty feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Prescriptive easement" means an easement, not in writing, established by usage, and which shall be ten feet on each side of a utility line not having a written or recorded easement and having a maximum easement width of twenty-five feet in the event that there are two utility lines running parallel to each other and are within a proximity of fifteen feet to each other, twelve and one-half feet from the center line between the two utility lines.
(Ord. No. 663, § 2, 1-18-2017)
"Recreational vehicle park" means a tract of land as more fully defined in Chapter 14.08 of the Municipal Code.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Recycling collection center" is defined as a facility for the collection of recyclable items to include aluminum, tin, plastic, cellophane, paper, cardboard and glass, to be transported to a recycling plant on a frequent and regular basis. No recycling of any product, other than the collection, compaction, bundling and transportation of said products, shall occur or be permitted at a recycling collection center. No medical or hospital hazardous waste and refuse, or items used in treatment of patients, shall be permitted to be collected or stored at any recycling collection center.
(Ord 527 §1, 1992)
"Restaurant" means any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunch room, tea room and dining room.
(Ord 445 Ch. 4 §5A(part), 1981)
"Setback area" means the space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this ordinance, or by delineation on a recorded subdivision map.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Shipping container" means a motor vehicle cargo container or other container normally used for the shipment of freight, cargo or other items in ship or motor vehicular transportation.
(Ord. No. 669, § 1, 7-19-2017)
"Sign" means any structure or natural object, such as tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of announcement, direction or advertisement. For the purpose of this definition, the word sign does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Street" means a public right-of-way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the council. The term street includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place and other such terms.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Structure" means anything constructed or erected, except, fences, not exceeding three feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
A.
Before the improvement or repair is started; or
B.
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Tavern" or "lounge" means a building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Trailer" means any vehicle designed to be towed or transported by another vehicle. The term trailer includes a mobile home (see mobile home).
(Ord. 445 Ch. 4 §5A (part), 1981)
"Trailer park" means a mobile home park (see mobile home park).
(Ord. 445 Ch. 4 §5A (part), 1981)
"Variance" means a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
(Ord. 445 Ch. 4 §5A (part), 1981)
The term "wildlife park" means an enclosed area of land where uncaged wild non-carnivorous animals roam in conditions designed to mimic their natural habitat as closely as possible and where the same are designed for public exhibition.
(Ord. No. 646, § 4, 7-1-2015)
"Written or express easement" means an easement which is in writing, usually in a deed or other document of transfer, usually recorded in the county recorder's office, or which is established in the official plat of the city or on a subdivision plat thereof, and/or which may be disclosed in a policy of title insurance issued to the owner or the owner's lender.
(Ord. No. 663, § 2, 1-18-2017)
"Yard" means an open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Front yard" means the yard extending across the full width of the lot adjacent to the front street line.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Rear yard" means the yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Side yard" means the yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning commission" means the planning commission.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning map" means the map incorporated into this title designating the use district zones.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning permit" means a permit required by the city when a proposed building or other structure does not meet the minimum square footage requirements necessary to require a building permit. Said permit shall be required to verify that the proposed building or structure is in compliance with City Code requirements as to the size of said structure, the setbacks from front, rear and side yard lot lines, area coverage on said lot, and whether the building or structure would encroach upon any easement. The city building inspector may require such documentation from the person intending to construct, build or locate a building or structure as the inspector deems necessary to ensure compliance with the Municipal Code and the International Building and Residential Codes adopted by the City, including, but not limited to, a "dig line locate".
(Ord. No. 663, § 2, 1-18-2017)
The term "zoo" means a park like area in which live animals are kept in cages or large enclosures for public exhibition.
(Ord. No. 646, § 4, 7-1-2015)
08 - DEFINITIONS
Sections:
For the purposes of this title, certain terms are defined as set forth in this chapter. All words in the present tense include the future tense; the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Accessory building" means a building which is subordinate to and incidental to the principal building on the same lot, but does not include any building containing a dwelling unit as hereinafter defined, or which is used for human occupancy. Any person desiring to construct, build, or locate an accessory building or structure within a rear yard shall comply with all provisions of the International Building Code and the International Residential Code as adopted by the city, shall not construct on any portion of a written easement or prescriptive easement, and shall obtain a building or a zoning permit from the city building inspector. All portions of the accessory building or structure such as eaves, steps or other protrusions from the building or structure shall be set back the required distance from the side or rear yard lot lines or easements. Exception: The following structures are not considered or allowed as Accessory Buildings: Railroad Cars, Truck/Semi Trailers, Mobile Homes, Construction Trailers, Recreational/Travel Trailers or Vehicles, a Bus or any portion thereof, vehicles and/or similar prefabricated items and structures originally built for purposes other than the storage of goods and materials.
Shipping/Cargo Containers are permitted as Accessory Buildings in Single Family Residential Zone(R-1), Combined Residential Zone(R-2), Multiple Family Residential Zone(R-3), Neighborhood Commercial Zone(C-1), Community Commercial Zone(C-2), Service Commercial Zone(C-3), Agriculture Zone (A-1, A-2), Light Industrial Zone(M-1), and Heavy Industrial Zone(M-2), and in some instances placement would require a Conditional Use Permit pursuant to Chapter 17.68.
(Ord. 445 Ch. 4 §5A(part), 1981)
(Ord. No. 663, § 1, 1-18-2017; Ord. No. 683, § 1, 2-1-2023)
"Accessory use" means a use incidental and subordinate to the principal use of the premises.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Agriculture" means tilling of soil, horticulture, raising crops, livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, commercial feed lots.
(Ord. 445 Ch. 4 §5A(part), 1981).
"Airport" means any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Animal hospital" means any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Apartment" means a room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
(Ord. 445 Ch. 4 §A (part), 1981)
"Automobile sales lot" means premises on which new and used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade, and where no repair or service work is done.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Automobile service station" means premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor motor vehicle repairs and/or manual or automatic car washes.
(Ord. 513 §1, 1989: Ord. 445 Ch. 4 §5A (part), 1981)
"Automobile wrecking yard" means any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operating condition are standing more than thirty days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Block" means the space along one side of a street between the two nearest intersecting streets, or between an intersecting street and a right-of-way, waterway or other similar barrier, whichever is lesser.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Boarding house" means a building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than twelve persons who are not members of the householder's family.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Building" means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Detached building" means a building surrounded by open space on the same lot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Nonconforming building" means any building which does not conform to the requirements of this title.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Government building" means a building owned or used by the federal, state, county, or city government, or any political subdivision, agency or instrumentality thereof.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Business" or "commerce" means the purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit of livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.
(Ord. 445 Ch. 4 §5A (part), 1981)
"City" means the City of Soda Springs, Idaho.
(Ord. 445 Ch. 4 §5A (part), 1981)
"City clerk" means the city clerk of the city.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Commission" means the planning/zoning commission of the city. The planning commission is declared to also be the zoning commission of the city.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Comprehensive plan" means the comprehensive plan for the city officially adopted by the council as such.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Conditional use" means a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Council" means the city council of the city.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Day care" means the care and supervision provided for compensation during part of a twenty-four-hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's or children's own home or homes.
(Ord. 574 §3, 1998)
"Day care center" means a place or facility providing day care for compensation for thirteen or more children.
(Ord. 577 §2, 1999: Ord. 574 §4, 1998)
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Drive-in establishment" means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Dwelling" means a building, or portion thereof, containing one or more dwelling units. The term dwelling does not include any trailer, motel, hotel, guest house or boarding house as defined herein.
(Ord. 445 Ch. 4 §5A(part), 1981)
"High-rise multiple-family dwelling" means a multiple-family building, or portion thereof, containing five or more stories and which may include off-street parking facilities, and having at least one passenger elevator to serve the dwelling units.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Multiple-family dwelling" means a multiple-family building, or portion thereof, containing three or more dwelling units.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Single-family dwelling" means a building designed for use and occupancy by no more than one family. Single-family dwellings may include manufactured homes, so long as they are constructed according to HUD/FHA construction and safety standards, are transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or is forty body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. In order to qualify for the status of a single-family dwelling, a manufactured home must meet the following minimum standards:
A.
Mass produced in a factory;
B.
Designed and constructed for transportation to a site for installation and use when connected to required utilities, and be permanently connected to city utilities;
C.
Built on a permanent chassis;
D.
Be at least twenty feet wide at the narrowest point, with a minimum of five hundred square feet per section. The total square footage minimum shall equal one thousand square feet;
E.
Shall be certified as meeting the construction and safety standards of the U.S. Department of Housing and Urban Development;
F.
Have a roof constructed of materials equal to and comparable in quality to those used on site built homes, with a minimum slope or pitch of sixteen percent, 2:12 (two inches of rise to twelve inches of run);
G.
Have an eave of a minimum of six inches attached to the entire perimeter of the roof;
H.
Have siding which is equal to and comparable with standard site built siding materials;
I.
Be placed upon and permanently affixed to a permanent foundation of cement, or masonry block, with running gear and towing hitch removed. No metal skirting shall be allowed. No gaps or openings shall appear between the bottom of the manufactured home and the permanent foundation. The permanent foundation shall be constructed of concrete or masonry block in accordance with I.C. § 44-2205, System A or System B, and in accordance with I.C. § 44-2205(3). Masonry block foundations shall be acceptable, so long as the appearance is that of a concrete foundation. The foundation shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade. Foundation facia shall be immediately installed at the time of placement of the manufactured home upon the premises;
J.
Shall be permanently affixed in accordance with manufacturer's specifications and this section set upon a foundation base having an anchoring system that is totally concealed under the structure;
K.
Shall obtain a building permit and supply the city with a set of manufacturer's blocking and anchoring requirements to insure that the manufactured home is assembled on-site to standards regulating the anchoring of the structure to its foundation and other building requirements;
L.
The exterior covering and roofing materials of a garage or carport to be attached to the manufactured home must be similar to those of the main portion of the manufactured home;
M.
Concrete steps shall be required for all entry ways into a manufactured home;
N.
The architecture and design of the manufactured home shall not be incompatible with the surrounding homes and area;
O.
The roof shall have a snow load tolerance of thirty pounds per square foot;
P.
All manufactured homes shall be constructed according to FHA and HUD construction and safety standards. No manufactured home shall be placed or located within the city other than newly manufactured homes, which shall be defined as manufactured homes which have been constructed within one year prior to date the same is located upon a permanent foundation within the city, and has not been previously used or located as a single-family dwelling or other dwelling at any other location;
Q.
The owner shall record with the county recorder of Caribou County, Idaho, a nonrevocable option declaring the manufactured home as real property, and the manufactured home shall be thereafter taxed as real property.
(Ord. 557 §§1, 3, 1996; Ord. 539 §1, 1993)
"Two-family dwelling" means a detached building designed for and occupied exclusively by two families living independently of each other.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Dwelling unit" means one or more rooms designed for, or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Easement" means a non-possessory right to use the land of another for a limited purpose such as access to construct, reconstruct, maintain and repair utility lines.
(Ord. No. 663, § 2, 1-18-2017)
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface water from any source.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Flood hazard boundary map (FHBM)" means the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood hazard boundary map, and the water surface elevation of the base flood.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Floodplain overlay district" means an overlay zoning district that regulates building construction and improvements, in addition to the zoning requirements of the underlying zone, in flood-prone areas as set forth by the National Flood Insurnace Program.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Gross floor area" means the sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Net floor area" means that portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or restrooms and laboratory or work rooms; provided however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
(Ord. 445 Ch. 4 §5A{part), 1981)
"Group day care facility" means a home, place, or facility providing day care for three to twelve children.
(Ord. 577 §1, 1999)
"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.
(Ord. 445 Ch. 4 §5A(part), 1981}
"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the height gable of pitch or hip roof.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Home occupation" means any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions:
A.
The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;
B.
The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof;
C.
No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use;
D.
The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district;
E.
The use creates no additional traffic and requires no additional parking space;
F.
No persons are employed other than those necessary for domestic purposes;
G.
Not more than one-fourth of the gross area of one floor of said dwelling is used for such use;
H.
The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Hotel" means an establishment that provides lodging and usually meals, entertainment, and various personal services for the public.
(Ord. No. 656, § 2, 7-6-2016)
"Junk yard" means an outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Commercial kennel" means any lot or premises or portion thereof, on which three or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Off-street loading and unloading space" means an open off-street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alley.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot" means a unit of land described by metes and bounds or a part of a recorded subdivision so recorded for transfer of ownership.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Corner lot" means a lot which is bounded on two or more sides by street lines, where the angle of intersection does not exceed one hundred thirty-five degrees.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot coverage" means the area of a lot occupied by the principal building or buildings and accessory buildings.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot line" means the boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line or most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Lot width" means the horizontal distance between side lot lines measured at the right angles to the depth at a point midway between the front and rear lot lines.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Manufactured home" means a structure constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or is forty body feet or more in length, and when erected on-site is one thousand square feet or more in size, and which is built on a permanent chassis, and designed to be used as a dwelling unit with a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes shall not include travel trailers, or other similar recreational vehicles.
(Ord. 557 §2, 1996: Ord. 539 §4, 1993)
"Mobile home" means a detached single-family dwelling unit with all the following characteristics:
A.
Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems.
B.
Designed to be transported after fabrication on its own wheels or on flat bed or other trailers or detachable wheels;
C.
Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Mobile home park" means any area, tract, plot, or site of land, whereupon two or more mobile homes are placed, located and maintained for dwelling purposes on a permanent or semi-permanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person holding the land.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Mobile home subdivision" means a subdivision of land, as defined by Title 16, for the exclusive placement of mobile homes for single-family residential dwelling, provided each mobile home shall have a minimum size of six hundred square feet and; provided, that all mobile homes placed upon said lots shall be placed upon a masonry foundation and the tongue, undercarriage and wheels shall be removed from said mobile home upon placement.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Motel" means an establishment which provides lodging and parking for travelers and in which the rooms are usually assessable from an outdoor parking area.
(Ord. 445 Ch. 4 §5A (part), 1981)
(Ord. No. 656, § 1, 7-6-2016)
"New construction" means structures for which the start of construction, as defined in Section 17.08.680, commenced on or after the effective date of the ordinance codified in this title.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Nonconforming use" means any use lawfully occupying a building, structure or land at the effective date of the ordinance codified in this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Nursery school" means an institution providing care, with or without instruction, for more than five children of preschool age.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Nursing home" or "convalescent home" means a building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.
(Ord. 445 Ch.4 §5A (part), 1981)
"Rest home" or "elderly housing" means where medical care is not administered.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Parking lot" means an open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Parking space" means usable space within a public or private parking area or building, not less than one hundred and eighty square feet, (nine feet by twenty feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Prescriptive easement" means an easement, not in writing, established by usage, and which shall be ten feet on each side of a utility line not having a written or recorded easement and having a maximum easement width of twenty-five feet in the event that there are two utility lines running parallel to each other and are within a proximity of fifteen feet to each other, twelve and one-half feet from the center line between the two utility lines.
(Ord. No. 663, § 2, 1-18-2017)
"Recreational vehicle park" means a tract of land as more fully defined in Chapter 14.08 of the Municipal Code.
(Ord. 445 Ch. 4 §5A(part), 1981)
"Recycling collection center" is defined as a facility for the collection of recyclable items to include aluminum, tin, plastic, cellophane, paper, cardboard and glass, to be transported to a recycling plant on a frequent and regular basis. No recycling of any product, other than the collection, compaction, bundling and transportation of said products, shall occur or be permitted at a recycling collection center. No medical or hospital hazardous waste and refuse, or items used in treatment of patients, shall be permitted to be collected or stored at any recycling collection center.
(Ord 527 §1, 1992)
"Restaurant" means any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunch room, tea room and dining room.
(Ord 445 Ch. 4 §5A(part), 1981)
"Setback area" means the space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this ordinance, or by delineation on a recorded subdivision map.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Shipping container" means a motor vehicle cargo container or other container normally used for the shipment of freight, cargo or other items in ship or motor vehicular transportation.
(Ord. No. 669, § 1, 7-19-2017)
"Sign" means any structure or natural object, such as tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of announcement, direction or advertisement. For the purpose of this definition, the word sign does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Street" means a public right-of-way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the council. The term street includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place and other such terms.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Structure" means anything constructed or erected, except, fences, not exceeding three feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
A.
Before the improvement or repair is started; or
B.
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Tavern" or "lounge" means a building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Trailer" means any vehicle designed to be towed or transported by another vehicle. The term trailer includes a mobile home (see mobile home).
(Ord. 445 Ch. 4 §5A (part), 1981)
"Trailer park" means a mobile home park (see mobile home park).
(Ord. 445 Ch. 4 §5A (part), 1981)
"Variance" means a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
(Ord. 445 Ch. 4 §5A (part), 1981)
The term "wildlife park" means an enclosed area of land where uncaged wild non-carnivorous animals roam in conditions designed to mimic their natural habitat as closely as possible and where the same are designed for public exhibition.
(Ord. No. 646, § 4, 7-1-2015)
"Written or express easement" means an easement which is in writing, usually in a deed or other document of transfer, usually recorded in the county recorder's office, or which is established in the official plat of the city or on a subdivision plat thereof, and/or which may be disclosed in a policy of title insurance issued to the owner or the owner's lender.
(Ord. No. 663, § 2, 1-18-2017)
"Yard" means an open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Front yard" means the yard extending across the full width of the lot adjacent to the front street line.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Rear yard" means the yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Side yard" means the yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning commission" means the planning commission.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning map" means the map incorporated into this title designating the use district zones.
(Ord. 445 Ch. 4 §5A (part), 1981)
"Zoning permit" means a permit required by the city when a proposed building or other structure does not meet the minimum square footage requirements necessary to require a building permit. Said permit shall be required to verify that the proposed building or structure is in compliance with City Code requirements as to the size of said structure, the setbacks from front, rear and side yard lot lines, area coverage on said lot, and whether the building or structure would encroach upon any easement. The city building inspector may require such documentation from the person intending to construct, build or locate a building or structure as the inspector deems necessary to ensure compliance with the Municipal Code and the International Building and Residential Codes adopted by the City, including, but not limited to, a "dig line locate".
(Ord. No. 663, § 2, 1-18-2017)
The term "zoo" means a park like area in which live animals are kept in cages or large enclosures for public exhibition.
(Ord. No. 646, § 4, 7-1-2015)