This chapter provides definitions of terms used in this title. Any dispute about the meaning of a term shall be resolved using the appeals procedure of TCC 9.08.020. (Ord. 2000-02, 3-3-2000)

Terms include both singular and plural forms; i.e., building includes buildings; and, except where otherwise indicated, terms include their derivatives; i.e., adjacent includes adjoining. (Ord. 2000-02, 3-3-2000)

For the purpose of this title, the following terms shall have the meanings ascribed to them in this

ACCESSORY: Accessory buildings and uses are those customarily associated with and clearly subordinate to a principal building or use that exists on the same lot or parcel.

ADJACENT: Includes all lots or parcels that directly border a lot or parcel, and all lots or parcels separated from that lot or parcel by only a public or private easement or right of way, including roads, railroads, and irrigation canals.

ADMINISTRATOR: The city employee or contractor responsible for administration of this title.

ARTERIAL: Includes all state and federal highways and other major roads, as shown in the comprehensive plan.

BUFFER: A landscaped area along the perimeter of a site. Buffers help assure land use compatibility.

BUILDING: As used in this title, refers to any structure. Includes liquid or gas storage tanks.

BUILDING HEIGHT: The vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents, and antennas.

CERTIFICATE OF COMPLIANCE: A certificate used by the administrator upon completion and acceptance of all required improvements. See TCC 9.08.050 Paragraph A.

CITY: Refers to Teton, Idaho.

COMMERCIAL: Includes all land uses in SLUG 4923 and 4924, 52 through 59, 61 through 69, 71 through 79, and 8221, except as follows:

1. SLUG 637, which shall be considered an industrial use category; or
2. Any use in SLUG 639, 64, 66, 72 through 79, or 8221 which includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard of more than ten thousand (10,000) square feet. Such uses shall be considered industrial.

COMMISSION: The Teton planning and zoning commIssIon established by TCC 9.06.020. The Fremont or Madison County planning and zoning commissions will always be specifically named.

COUNCIL: Refers to the duly elected governing body of the city of Teton, Idaho.

COUNTY: Refers to Fremont and/or Madison County, Idaho.

DEVELOPMENT: Used as a generic term covering any and all activities for which a permit is required by this title. The developer is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for proceedings required by this title.

EPCRA: The emergency planning and community right to know act of 1986; refers to 42 USC 1101 through 11050, as amended.

FLOOD: Partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source. The base flood is the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood".

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated areas of special flood hazard and risk premium zones. The flood insurance study is the official report of the federal insurance administration, including flood profiles, flood boundary maps, and the water surface elevation of the base flood.

FLOODPLAIN: Refers to the special flood hazard areas defined and mapped by the federal emergency management agency.

HAZARDOUS SUBSTANCES: Any material regulated by EPCRA, as amended.

HOME OCCUPATION: A commercial or industrial activity conducted in a dwelling or a building accessory to a dwelling. Home occupations, by definition, comply with the performance standards of TCC 9.30.

IBC: Acronym for the international building code published by the International Code Council, Inc.

I.C.: Idaho Code, the state statutes.

LARGE SCALE DEVELOPMENT: See TCC 9.22.060.

LIVESTOCK: Cattle, goats, horses, llamas, or sheep kept for personal pleasure or consumption. As used in the performance standards for livestock in residential areas, this term does not include pigs.

LOT: Used both as a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including the basement, of a building. An unfinished or flood resistant enclosure, usable solely for parking, building access, or storage in an area other than a basement, is not considered a building's lowest floor; provided, that it does not place the building in violation of the nonelevation design requirements of TCC 9.20.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length; or, when erected on site, is three hundred twenty (320) or more square feet, and which is designed to be placed on a permanent foundation, permanently connected to all required utilities, and used as a permanent dwelling unit. Within the flood hazard overlay, for floodplain management purposes, the definition of "manufactured home" shall be expanded to include recreational vehicles, travel trailers, and similar vehicles or trailers that are left in place for one hundred eighty (180) or more consecutive days (use of such vehicles as a residence is prohibited by this title); but recreational vehicles, travel trailers, and similar vehicles or trailers are not manufactured homes for flood insurance purposes.

MINIMIZE: For the purpose of this title, "to minimize" (as in the number of access points or impacts on visually sensitive areas) means to show that no alternative plan for the proposed development will result in a smaller impact.

MINOR UTILITY INSTALLATIONS: Includes cable television, electric power, and telephone cables and transmission lines, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Other utility installations are industrial uses.

MOBILE HOME PARK: Any lot or parcel on which there are spaces for occupancy by more than one manufactured home that will not be placed on a permanent foundation. Such spaces are normally rented or leased, but rental or lease is not necessary for the purposes of this definition.

NEW CONSTRUCTION: Buildings for which the "start of construction" was on or after the effective date hereof.

NONCONFORMING: Describes any use or building that was in existence on the effective date hereof, but that would not comply with one or more of its requirements if submitted for approval. See TCC 9.02.060.

OCCUPANCY: The use of a building or lot. Occupancies are classified using the standard land use coding system (SLUC).

ONE-FAMILY DWELLING: A detached building designed for occupancy by one family. Also includes group homes, as required by I.C. § 67-6530 et seq. Includes both conventional dwellings and manufactured homes that:

1. Comply with the national manufactured home construction and safety standards act (40 USC 5401) or the international building code, or that has been rehabilitated in accord with I.C. § 44-2501 et seq.;
2. Have all hitches, wheels, chassis, and other running gear removed and are attached to a permanent foundation;
3. Are permanently connected to city utilities; and
4. Are at least eighteen feet (18') in width. Recreational vehicles and travel trailers are not single-family dwellings, and shall not be used as such, but are included within the definition of "manufactured home" for the purpose of TCC 9.20.

OUTDOOR MATERIAL HANDLING OR STORAGE: Stockpiling, storage, processing, or packaging of materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and that is visible from a public street or road.

PLAT: The legal map of a subdivision. A plat amendment is a minor change in the lot arrangement or routing of rights of way or easements in a previously recorded subdivision plat. Plat amendments are instituted by the recording of an amended plat following the process provided in TCC 9.10.070.

PRIVATE UTILITIES: Cable television, electric power, natural gas, and telephone services.

RECREATIONAL VEHICLE: As per I.C. § 49-2801, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for recreational or emergency occupancy.

SETBACK: See the notes accompanying TCC 9.14.070 Table 1.

SITE PLAN: A scale drawing, or a series of such drawings, that illustrates all those details of a proposed development needed to demonstrate compliance with this title, including the location of existing and proposed property lines, easements, buildings, parking areas, streets, sidewalks, landscaped buffers, and other features of the site. Where an erosion and runoff control plan is required, the site plan must be prepared on a detailed (contour intervals of 2 feet) topographic base.

SKETCH PLAN: A general or conceptual site plan of a development. It must include the approximate location of all lot lines and streets, the approximate location and exterior dimensions of all structures, the approximate location, size, and circulation pattern of all parking areas, and the approximate location and dimensions of all landscaped buffers.

SOLID WASTE: Material being stored, packaged, or processed for ultimate disposal or recycling. For the purposes of this title, the waste normally generated by a farming operation (crop stubble and residue, manure, etc.) is not solid waste until transported from the farm on which it was generated.

SPECIAL FLOOD HAZARD AREA: Land subject to a one percent (1%) or greater chance of flooding in any given year. Designation on flood insurance rate maps (FIRM) always includes the letters A or V.

STANDARD LAND USE CODE (SLUC): A method of classifying land uses adapted from the "Standard Land Use Coding Manual", U.S. department of transportation, federal highway administration, as reprinted in March 1977. A summary is given in the table in TCC 9.26.010.

START OF CONSTRUCTION: Applies to both substantial improvements and new construction and means the date a permit was issued, provided the actual start of construction, repairs, placement, or other improvements was within one hundred eighty (180) days of the permit date. "Actual start" means either the first placement of permanent construction on a site, such as pouring a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. 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 foundation, or erection of temporary forms; nor does it include installation of accessory buildings.

STREAM CORRIDOR: See TCC 9.22.020 Paragraph D.

SUBDIVISION: Any division of land, or any land so divided, which creates one or more parcels containing less than twenty (20) acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and shall include any resubdivision, any condominium, or any area, regardless of its size, which provides or will provide multiple space for recreational camping vehicles or manufactured homes.

SUBSTANTIAL IMPROVEMENT: Repair, reconstruction, or improvement of a building, the cost of which equals or exceeds fifty percent (50%) of the building's market value either before the improvement or repair is started, or, where the building has been damaged and is being restored, before the damage occurred. "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 its external dimensions. The term does not include any project for the improvement of a building required to comply with state or local codes assuring safe living conditions.

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

VACATION: The process provided by state law¹ and this title (see TCC 9.08.080) for the elimination of a recorded subdivision plat.

VARIANCE: According to I.C. § 67-6516, a "variance" is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. "Land use" cannot, by definition, be varied.

VESTED RIGHT: The right to proceed with development under a previous set of regulations, or the right to proceed under this title, pursuant to a development agreement. See TCC 9.02.050.

WETLANDS: As defined in the current "Federal Manual For Identifying And Delineating Jurisdictional Wetlands".

YARD: The area between the lot lines and the principal building created by the required setbacks. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)

^1. I.C. § 50-1306A. 9-2-3