1. For the purpose of this title, certain terms are defined as set forth in this chapter.
2. Unless the construction of the sentence indicates otherwise, verbs in the present tense include the future tense, the plural includes the singular, and the singular includes the plural.
3. Applicants are advised to see definitions in SCC 1-3 and in other titles of this code that are relevant to their applications.

ABUT: To touch or adjoin; to share a common boundary.

AFFECTED PERSON: One having an interest in real property, which interest may be adversely affected by the issuance or denial of a permit authorizing a particular use or development. Those persons who must be notified by mail of the filing of an application for a land use permit or variance (see SCC 1-3).

AGRICULTURE: Farming, cultivation, pasturage, animal or poultry husbandry, and their customary accessory uses; but excluding slaughter, packing, and similar processing; further, any use which conforms to the intent of this definition as decided by the planning and zoning commission or state law. See Idaho Code section 39-4116.

ANNEXATION AGREEMENT: A contract between the city and property owner(s). The agreement contains general and specific conditions of a proposed annexation.

APARTMENT: In a multi-family dwelling, one or more rooms designed as one separate housekeeping unit to be rented, including permanently installed kitchen and bathroom.

ASSISTED LIVING FACILITY: The same as nursing home, except not administering medical care; not a shelter home as provided in Idaho Code 67-6530 through 6532.

AUTOMOTIVE GARAGE: Premises used primarily for the repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning.

AUTOMOTIVE SALES YARD: Premises on which new and/or used passenger automobiles, trailers, mobile homes, or trucks, in operating condition, are displayed for sale or trade.

AUTOMOTIVE SERVICE STATION/SERVICE STATION: Premises used primarily for the retail sale and delivery of motor fuel and/or lubricating oils, tires, and incidental vehicular lubrication and related services, including automotive repair.

AUTOMOTIVE WRECKING YARD: Outdoor premises on which two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles or parts thereof are dismantled or stored.

BED AND BREAKFAST: An owner occupied facility with no more than eight (8) guestrooms providing overnight accommodation and food service.

BLOCK: A tract or a group of lots enclosed by streets, streams, railroads, or other natural or manmade boundaries.

BOARDING HOUSE: A building other than a hotel or restaurant where meals are offered for compensation for at least three (3) but not more than twelve (12) residents who are not members of the householder's family.

BUILDING: A structure with substantial walls and roof securely affixed to the ground and structurally separate on all sides from any other building; arranged for the shelter or enclosure of persons, animals, or objects.

BUILDING, ACCESSORY: A detached building which is subordinate and incidental to the principal building on the same lot; not any building containing a dwelling unit.

BUILDING ENVELOPE: The area on a lot or parcel suitable for building. Ownership of the building envelope may not include the entire lot or parcel, parts of which may be owned by a homeowners' association, an individual, or a partnership or organization.

BUILDING, NONCONFORMING: A building which does not conform to the requirements of this code.

BUILDING, PRINCIPAL: The building most directly connected with the principal use of the lot.

CENTRAL SEWER SYSTEM: A system that receives blackwaste or wastewater in volumes exceeding two thousand five hundred (2,500) gallons per day; a system which receives blackwaste or wastewater from more than two (2) dwelling units or more than two (2) buildings under separate ownership.

COMMON AREA: An area, substantially open to the sky, which is owned by a group or association. Buildings may abut the area without setbacks.

CONDITIONAL APPROVAL: Approval that is and remains contingent on the fulfillment of conditions specified.

CONDITIONAL USE: Use of a structure or land different from what is normally permitted in its zoning district; also called special use (see SCC 1-3).

CONDOMINIUM: A multi-family dwelling containing more than two (2) units arranged for individual ownership; a unit in such a dwelling.

CONSERVATION EASEMENT: A legal restriction on property, which for a term certain or in perpetuity prohibits some or all development of that property and whose purpose is to conserve open space or natural resources.

DAYCARE FACILITY: A place or facility providing daycare services for compensation.

1. Daycare, Home: A home, place, or facility providing daycare services for compensation for six (6) or fewer children.
2. Daycare, Group: A home, place or facility providing daycare services for compensation for seven (7) to twelve (12) children.
3. Daycare Center: A place or facility providing daycare for compensation for thirteen (13) or more children.

DENSITY: The number of dwelling units allowed per acre.

DETENTION FACILITIES: Facilities providing housing, care, and supervision for persons confined by law.

DEVELOPMENT AGREEMENT: An agreement between the city and the owner or developer concerning the use or development of the subject parcel created and in a form provided for in this title.

DISTRICT: A category of land use provided in this code; a zone or zoning district.

DRIVE-IN: Other than an automotive service station, an establishment arranged to serve patrons who are inside motor vehicles.

DWELLING: A building or portion thereof arranged primarily for residential use, excluding hotels, hospitals, clubs, tents, travel trailers, and the like.

DWELLING UNIT: One or more rooms, as within a multi-family dwelling, arranged as a separate housekeeping unit, including permanently installed kitchen and bathroom.

ENTERTAINMENT FACILITY: A for profit facility for entertainment.

1. Entertainment Facility, Indoor: An indoor facility used for public entertainment, including, but not limited to, bowling alleys, dance halls, theaters, and arcades.
2. Entertainment Facility, Outdoor: An outdoor facility used for public entertainment, including, but not limited to, golf courses, drive-in theaters, raceways, and riding courses.

FAMILY: An individual; or two (2) or more persons related by blood, marriage, or adoption; or a group of not more than three (3) persons who are not related: residing together.

FEEDLOT: A facility, other than a kennel, where animals are confined and fed from an outside source.

FLOODPLAIN: An area designated by the army corps of engineers as a floodplain.

FRONTAGE: The line where a parcel abuts one street or public right of way and which is designated as the front of the parcel.

HEIGHT, BUILDING: The vertical distance from the average grade at the front of a building to its highest point.

HOUSEHOLD: All persons residing in one dwelling or dwelling unit.

IMPACT AREA: The area of city impact designated by an agreement between the city and the Madison County commission in accordance with Idaho Code section 67-6526.

INDUSTRY: The making of a product, especially by machinery and on a large scale, including assembling, fabricating, processing, and/or refining.

INNER SIDE/INNER WALL: A side or wall facing an abutting parcel, for example the sides of a building on an interior lot. Front and rear are distinct from inner sides, as are outer sides and outer walls.

IRRIGATION FACILITIES: Includes canals, laterals, ditches, conduits, gates, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water.

LOAN FIRM (SMALL OR SHORT TERM LOANS): A business offering small or short term loans collateralized by auto titles, checks, or personal property; a pawnshop; a business essentially resembling these.

LOT: A parcel of land recorded with the county.

LOT COVERAGE: The area of a lot occupied by the principal building and accessory buildings, as expressed by a percentage.

LOT FOOTPRINT: In a multiple use district or in a planned unit development, the parcel of land for a single-family home, twin home, or townhome, which usually is immediately beneath, in front of, and behind the dwelling unit.

LOT FRONTAGE: The line where a lot abuts one street or public right of way and which is designated as the front of the lot.

LOT LINE: The boundary property line encompassing a lot.

LOT, MINIMUM AREA: Minimum lot areas are computed after excluding any portions of streets or public rights of way that may be part of the legal description; also excluding the "flagpole" of a flag lot (see definition of Lot Types).

LOT TYPES:

1. Corner Lot: A lot located at a street intersection and with an external angle of not more than one hundred thirty five degrees (135°).
2. Flag Lot: A lot located behind another lot and accessing the street by means of a narrow corridor, or "flagpole". The corridor is not counted in computing minimum lot size. The front of a flag lot is designated by the owner and does not include the access corridor.
3. Interior Lot: A lot abutting only one street.
4. Right Angle Lot: A lot on which frontage is at a right angle to the general pattern in the area.
5. Through Lot: A lot abutting streets on at least two (2) nonadjacent sides.

LOT, USABLE AREA: That portion of a lot that is usable according to the zoning district and building regulations.

LOT WIDTH: The length of the lot's frontage line.

MANUFACTURED HOME: A single-family dwelling fabricated in one or more sections at a location other than the homesite, each section bearing a label certifying compliance with federal manufactured home construction and safety standards, June 15, 1976, also meeting HUD and building code standards.

MANUFACTURED HOME PARK: A parcel retained under one ownership for the purpose of lease or rental of spaces for manufactured homes.

MANUFACTURED HOME SUBDIVISION: An area subdivided according to this code to provide for the sale of individual lots for the purpose of placement of manufactured homes.

MANUFACTURING: The making of a product, especially by machinery and on a large scale, including assembling, fabricating, processing, and/or refining.

MASTER DEVELOPMENT PLAN: A plan for a large, unusual, or complicated development whose final platting is expected in stages, as in a major subdivision or planned unit development.

MOBILE HOME: A manufactured, relocatable single-family dwelling made prior to June 15, 1976, or which does not meet the federal manufactured home construction and safety standards of June 15, 1976, or HUD and building code standards.

MOBILE HOME PARK: A parcel retained under one ownership for the purpose of lease or rental of spaces for the placement of mobile homes or manufactured homes as defined in this chapter.

MOBILE OFFICE/TEMPORARY OFFICE: A detached mobile unit intended to be used as an office, not for occupancy as a dwelling unit.

MONUMENT: A marker as described in Idaho Code 50-1303.

MULTI-FAMILY DWELLING: A detached building containing two (2) or more dwelling units. Under this definition, twin homes, townhouses, condominiums, and apartments are multi-family dwellings, as are duplexes, three-plexes, six-plexes, etc.

NONCONFORMING USE: A use that does not conform to current regulation but that lawfully existed prior to the enactment of a zoning ordinance and is maintained after the effective date of the ordinance.

NURSING HOME, CONVALESCENT HOME: A facility, however named, whether operated for profit or not, that provides residence and medical services for two (2) or more persons requiring care incident to illness, injury, deformity, or advanced age; not a shelter home as provided in Idaho Code 67-6530 through 6532.

OPEN SPACE: Land substantially open to the sky, and so recorded, exclusive of streets. Computation of open space requirements does not include wetland areas, drainage spaces, irrigation facilities, or similar features.

OPEN ZONE: A zoning district; distinct from common area and open space.

OUTER SIDE/OUTER WALL: A side or wall facing a street or public right of way, such as on a corner lot. Front and rear are distinct from outer sides, as are inner sides and inner walls.

PATIO HOME: A single-family dwelling on a small lot, often with one wall of the home abutting the property line. Patio homes have no common structural walls with adjoining structures, but their zero lot line wall may form part of a neighbor's back or side yard fence/ wall. The lot may have a small back or side yard suitable for a patio or garden.

PAWNSHOP: See definition of Loan Firm (Small Or Short Term Loans).

PEDESTRIANWAY: A walkway providing access to or through a school, park, recreation area, shopping center, or the like.

PERFORMANCE/SURETY BOND: A financial guarantee by a developer to the city, guaranteeing the completion of development according to plans and specifications and/or the operation of said development according to provisions required by the city and/or reclamation of said development site as agreed with the city.

PLANNED UNIT DEVELOPMENT: A development project in which a variety of uses are accommodated in accordance with this code.

PLAT: The drawing, map, or plan of a cemetery, subdivision, or some other tract of land, or replatting of such, including certifications, covenants, descriptions, dedications, and approvals, in accordance with Idaho Code section 50-1301 et seq.

1. Preliminary Plat: A plat setting forth the basic information necessary for the planning and zoning commission to determine if the subdivision plan generally complies with the applicable requirements.
2. Final Plat: The plat that incorporates all the conditions of the preliminary plat and the Idaho Code for final approval.
3. Recorded Plat: A plat that has received final approval and been recorded by the county.

PRESCHOOL: A facility providing care for compensation, with instruction, for more than six (6) children of preschool age.

PUBLIC ACCESS: Accessibility to the public of publicly owned parks, offices, schools, and like facilities, not including publicly owned facilities that restrict public access.

PUBLIC USE FACILITIES: Public parks, schools, churches, administrative or cultural buildings, and like facilities, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials.

QUASI-PUBLIC ACCESS: Accessibility to the public of privately owned facilities used for religious, philanthropic, educational, or other nonprofit purposes.

RESERVE STRIP: A strip of land between a dedicated street or half street and adjacent property, which is reserved or held in public ownership for future street extension or widening.

RESIDENCE: A single-family dwelling or a dwelling unit in a multi-family dwelling.

ROADSIDE STAND: A structure or vehicle designed or used for the temporary display and sale of retail items.

ROOMING HOUSE: See definition of Boarding House.

SET ASIDE LAND: A general term for land that is not to be developed; may include land such as open zone, open space, common area, unbuildable land, or land subject to conservation easement.

SETBACK: The minimum distance allowed between a property line and the nearest drip line of the eave of a building, including any projection thereof, excluding uncovered steps, which may extend into the front and rear setback up to one-third (1/3) of the required setback distance.

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

SEXUALLY ORIENTED BUSINESS/ADULT BUSINESS: A business offering materials or performances that depict, describe, or relate to sexual subjects or activities, such as are popularly considered "adult".

SHELTER HOME: A residence for mentally and/or physically handicapped and/or elderly persons as provided in Idaho Code sections 67-6530, 6531, and 6532.

SIGN: An object used to display an announcement, direction, or advertisement; not a flag or other insignia of government or notice of event by a nonprofit organization.

SINGLE-FAMILY DWELLING: A detached building arranged as one dwelling unit.

SPECIAL USE: Use of a structure or land different from what is normally permitted in its zoning district; also called "conditional use" (see SCC 1-3).

STRUCTURE: Anything constructed or erected, except a fence, which requires permanent location on the ground or is attached to something having permanent location on the ground.

SUBDIVISION: The division of any tract of land into more than two (2) parts for the purpose of transfer of ownership or development; an area so divided.

TAVERN/LOUNGE/BAR: A building where the principal business is serving alcoholic beverages for consumption on the premises, not including restaurants.

TOWNHOUSE: A multi-family dwelling with more than two (2) units that share common walls; a unit in such a dwelling.

TRAVEL TRAILER: A vehicle equipped with wheels capable of unrestricted highway use, intended for temporary human occupancy and for vacation travel or recreational purposes; includes, but not limited to, travel trailers, motor homes, and camper units.

TRAVEL TRAILER PARK: A parcel intended for rental of spaces for temporary placement of travel trailers.

TRUCK STOP: Premises suitable for servicing long haul trucks and used primarily for the retail sale and delivery of motor fuel and/or lubricating oils, tires, and incidental vehicular lubrication and related services, including repair.

TWIN HOME: A multi-family dwelling containing two (2) units that share a common wall with or without connecting passageway(s); a unit in such a dwelling.

USE: The operation or activity for which land or a facility is occupied or maintained.

1. Primary Use: The predominant use of the premises.
2. Accessory Use/Auxiliary Use: A use incidental and subordinate to the primary use of the premises.

VARIANCE: A modification of requirements of this code as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots; as provided in Idaho Code section 67-6516.

VERTICAL MIXED USE: Varied uses of different stories in a building, such as residential above commercial.

VICINITY MAP: A drawing showing the location of a parcel in relation to a larger area.

WAREHOUSING AND STORAGE:

1. Limited: Storage space for personal property or commercial goods in an enclosed area without direct public assess to individual storage spaces. Excludes operations such as wholesaling, distribution, limited access ministorage, and vehicle storage.
2. Ministorage: Storage space for personal property or commercial goods with direct public access to individual storage spaces. May include a maximum of twenty percent (20%) of the site area for vehicle storage; more than twenty percent (20%) of the area for vehicle storage constitutes a use other than warehousing and storage.

YARD: Lot area surrounding the principal building.

1. Front Yard: That portion of yard located between the lot frontage line and the principal building's front line extended from side to side of the lot.
2. Inner Side Yard: That portion of yard extending from the principal building to the lot lines of adjacent lots between the lines that establish front and rear yards.
3. Outer Side Yard: That portion of yard extending from the principal building to a side street between the lines that establish front and rear yards.
4. Rear Yard: That portion of yard located between the rear lot line and the principal building's rear line extended from side to side of the lot.

ZONE: See definition of District.

ZONING MAP: A map incorporated into this code, designating land use districts or zones.