For the purpose of this title, certain terms, phrases, words and their derivatives shall be construed as specified in this section. The word "shall" is mandatory rather than directive. The meaning of any word or words not herein so defined shall be a matter of interpretation by the planning and zoning commission and/or city council:

ACCESSORY RESIDENTIAL UNIT: A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. This term includes similar terms such as garage apartment, granny flat, mother-in-law apartment, and guesthouse.

ACREAGE: Any tract or parcel of land, which has not been subdivided and platted, in common ownership having an area of one acre or more.

AGRICULTURE: The work of cultivating the soil, producing crops and raising livestock.

AIRPORT: 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.

ALLEY: A public way, not more than sixteen feet (16') nor less than ten feet (10') in width, providing the secondary means of access to abutting property.

ALTERATIONS, STRUCTURAL: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns and girders.

ANIMALS, FARM: Those animals associated with farming such as, but not limited to, cattle, horses, rabbits, poultry, goats and sheep.

APARTMENT: 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.

AREA, BUILDABLE: The space within the setback lines remaining on a lot after the minimum open space requirements of this title have been complied with.

AREA, GROSS FLOOR: The sum of the gross horizontal areas of the several floors inside the exterior walls of a building or portion thereof.

AREA, SETBACK: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map.

BATHROOM: A room in which to bathe by shower or tub.

BED AND BREAKFAST ESTABLISHMENT: An owner-operator occupied residence having a maximum of eight (8) quest units rented to transient quests and providing a morning meal.

BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is the lesser.

BUILDING: 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 openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind.

BUILDING, ACCESSORY: A building which is subordinate to, and the use of which is incidental to, that of the principal building or use on the same lot; not including any building containing a dwelling unit as hereinafter defined.

BUILDING, EXISTING: A building erected prior to the effective date hereof or one for which a legal building permit has been issued.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot upon which it is situated. Every dwelling in any R zone is a principal building.

BUILDING, SERVICE (SANITATION): A building housing toilet facilities for men and women, with slop water closet and laundry facilities, and with separate bath and shower.

BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office building, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering services.

CITY: That portion of Benewah County, Idaho, described as the corporate limits of the municipality of St. Maries.

COURT: A space open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by the wall of a building.

CURB CUT: A cut in the street curb line for passage of vehicles into property.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family. For the purpose of this title, the term "single-family dwelling" shall include any home in which eight (8) or fewer unrelated mentally and/or physically handicapped persons reside; and which is supervised.

   Residents staff, if employed, need not be related to each other or to any of the mentally and/or physically handicapped persons residing in the home. No more than two (2) of such staff shall reside in the dwelling at any one time.

DWELLING, TWO-FAMILY: A building designed for use and occupied exclusively by the two (2) families living independently of each other.

FAIR MARKET VALUE: The highest price which a ready, willing and able buyer would pay and the lowest price which a seller would accept, neither being under any pressure to act, and in line with independent appraisal value.

FEE SCHEDULE: Refers to a schedule of fees that may be adopted by the city council setting forth nonrefundable fees for certain permits or applications required under this title.

FILL: The act of adding earth or other materials to low land until the required level is reached; a piece of land artificially raised to the required level.

FLOODPLAIN: The geographical terrain at elevation and below, and recognized as flood danger area by the army corps of engineers.

GARAGE: A fully enclosed accessory structure or fully enclosed portion of a principal structure designed and intended for the shelter and storage of vehicles.

HOME OCCUPATION: A business, occupation, or profession carried on within a residential dwelling unit, or within an accessory structure located on the same lot as the primary residential structure, but which is clearly an incidental and secondary use of the dwelling unit.

HOTEL: A building or structure kept, used, maintained or advertised as an inn, hotel or public lodging house or place where sleeping accommodations are furnished for hire to transient guests, whether with or without meals, in which more than ten (10) rooms are used for the accommodation of such guests.

HOUSE, BOARDING: A building occupied by an owner/operator, other than a hotel or restaurant, where three (3) but not more than twelve (12) rooms are rented for residential use (term of occupancy 30 days or more) and meals are provided for compensation.

HOUSE, ROOMING: A building occupied by an owner/operator, other than a hotel, where three (3) but not more than twelve (12) rooms are rented for residential use (term of occupancy 30 days or more) for compensation where no meals are provided by the owner/operator.

IMPACT AREA 1 : Any area within one mile outside the city limits.

LAVATORY: Washing facilities, usually with urinals and water closets.

LOT: Land occupied or to be occupied by a building or buildings together with such open space as is required under this title and having its principal frontage on a street or officially approved place.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: 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 front lot line is the boundary line which runs along the short side of the lot abutting the public street. The rear lot line is the lot line 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.

LOT, THROUGH: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot both street lines shall be deemed front lot lines.

MANUFACTURED HOME PARK: Any area, tract, plat or site of land of at least ten thousand (10,000) square feet in size developed and maintained for manufactured home dwelling purposes on a permanent basis.

MAP, ZONING: The map or maps incorporated into this title 2 designating zoning districts.

MOBILE HOME: A trailer coach equal to or in excess of five hundred (500) square feet of living space, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a permanent dwelling.

MOTEL: A group of cottages, detached or connected, of which each unit contains not less than one sleeping room, one toilet and one parking space and faces a common court or street.

NONCONFORMING USE: A building or land occupied by use that does not conform with the regulations of the zone in which it is located.

OCCUPANCY: To take possession of and inhabit.

OWNER: That person or persons to whom a building or land is titled to and/or remits taxes for.

PARK: A large piece of ground usually with grass and trees for public use and recreation.

PARKING, OFF STREET: Space that is provided for and designated as parking lanes for self-propelled vehicles and located on the lot for which use is desired.

PARKING SPACE: Usable space within a public or private parking area or building, not less than one hundred eighty (180) square feet (9 feet x 20 feet), exclusive of access drives, aisles or ramps for the storage of one (1) passenger automobile or commercial vehicles.

PLAT: A scale drawing of proposed construction, subdivision or alteration and certified by registered land surveyor or engineer as required.

PLAT, FINAL: The final map, drawing or chart on which the subdivider's plans of subdivision is presented to the Planning and Zoning Commission for approval.

PLAT, PRELIMINARY: The preliminary map, drawing or chart indicated for the proposed layout of a subdivision to be submitted to the Planning and Zoning Commission.

PLOT: Two (2) or more continuous lots under one (1) ownership.

RESIDENCE: A structure or part thereof used for permanent occupancy and containing not less than a living room, a bedroom, a kitchen, and a fully equipped toilet; equipped with and connected to an approved sewer drainage; frontage on a public street only and not an alley. For purposes of this title residence shall not include travel trailers.

SCHOOLS: A public or accredited private school.

STREET: A public thoroughfare established by and/or maintained under public authority whether or not presently constructed.

STREET, COLLECTOR: A street which carries traffic from minor streets to main thoroughfares, including the principal entrance streets of a residential development and streets for circulations within such development.

STREET, MINOR: A street used primarily for access to abutting properties, but not including alleys.

STREET, THOROUGHFARE: A street used mainly for established traffic routes of a through nature.

STREET, WIDTH: The shortest distance between the lines delineating the right-of-way of a street.

STRUCTURE: Any constructed object four feet (4') or more in any dimension including fence height but not length.

SUBDIVIDER: Any individual, firm, association, syndicate, corporation, trust or any other legal entity commencing proceedings to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION: The division of a lot, tract or parcel of land into two (2) or more lots for the purpose of transfer of ownership or the construction of improvements thereon, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision, replat and when appropriate to the context, shall relate to the process of subdividing or to the subdivided.

TOILET: Bathroom, lavatory and water closet.

TRAILER HOME/TRAILER HOUSE: See definition of Mobile Home.

TRAVEL TRAILER/CAMPER: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses. It is less than five hundred (500) square feet.

TRIANGLE, CLEAR VISION: Formed by measuring from the intersection of the street corner or street and/or railroad corner property lines to points twenty feet (20') along the front property line and side property line and then connecting the two (2) points of base with a straight line.

USE: The purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied, maintained or leased.

USE, ACCESSORY: A use incidental and subordinate to the principal use of the premises which does not alter the essential characteristic of the use considered as a whole and as related to other uses permitted in the same district.

USE, CONDITIONAL: 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.

USE, NONCONFORMING: Any use lawfully occupying a building, structure or land at the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located.

USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.

WATER CLOSET: A room with water flushing fixtures for the purpose of evacuation and disposal of feces and urine.

YARD: An open space on the same lot with the building, unoccupied or unobstructed from the ground upward except as otherwise provided herein. No yard, court or other open space provided about any building shall be used as a yard, court or open space for another building.

YARD, FRONT: The minimum horizontal distance between the property line and the front line of the building or any projection thereof excluding steps and enclosed porches.

YARD, REAR: A yard, unoccupied except by an accessory building as hereinafter permitted, extending across the full width of the lot between the rear line of the building (principal) and the rear line of the lot.

YARD, SIDE: A yard between the buildings and the side of the lot, and from the front line to the rear lot line. (Ord. 2011-677, 6-13-2011; amd. Ord. 2013-688, 12-16-2013; Ord. 2017-717, 5-8-2017; Ord. 2023-765, 3-13-2023)