For the purposes of this title, certain terms or words used herein shall be interpreted as follows:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE WRECKING: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BOARD: The board of county commissioners.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and the top of building walls for gable, hip and gambrel roofs.
BUILDING OFFICIAL: An official having knowledge in the principles and practices of zoning who is appointed by the council to administer this title.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMMISSION: The zoning, planning and zoning, joint zoning or joint planning and zoning commission appointed by the council.
COMMON ACCESS ROUTE: Private drive allowing principal means of access to individual tiny homes.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the council including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.
COUNCIL: The city council.
DAYCARE: Care and supervision provided for compensation during part of a twenty-four hour day, for a child or children less than thirteen years of age and not related by blood, marriage, or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. There are three types of daycare facilities, defined as follows:
Daycare Center: A facility providing daycare to thirteen or more children.
Family Daycare: A facility providing daycare for six or fewer children.
Group Daycare: A facility providing daycare for seven to twelve children.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including public rights of way.
Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights of way.
DUPLEX DWELLING: Any building or portion thereof which contains two (2) dwelling units.
DWELLING UNIT: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the International Building Code currently adopted, for not more than one family (persons related by blood or marriage to the first degree of kinship) or a congregate residence for ten (10) or less persons unless further restricted by the uniform housing code currently adopted by city ordinance.
EASEMENT: Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.
GARAGE, SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, plus motor vehicle repairs made.
Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority.
HOME OCCUPATION: An occupation conducted entirely within a dwelling unit. (See the required performance standards.)
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or combination of the same, on which junk is stored or processed.
KENNEL: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatment.
LOFT: A floor level located more than 30 inches above the main floor and open to the main floor on at least one side with a ceiling height of less than 6 feet 8 inches, used as a living or sleeping space.
LOT: For the purposes of this title, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street, and may consist of:
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under the definition of "yard" in this section.
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with frontage on only one street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot; and
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
MOBILE HOME: A residential structure which has been constructed off site and does not meet the criteria defining manufactured housing.
MOBILE HOME COURT: Any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.
MOBILE HOME PARK: Any site or tract of land under single ownership, upon which two (2) or more mobile homes habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated, or an approved nonconforming use.
NURSERY, HOME FOR THE AGED: A home or facility for the care and treatment of more than five (5) pensioners or elderly people.
NURSERY, PLANT MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the city deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors and similar activities.
POLITICAL SUBDIVISION: Any county, city, municipal corporation, health district, school district, irrigation district, special improvement or taxing district or any other political subdivision or public corporation organized and existing by virtue of the laws of the state of Idaho.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, urban planners, architects, engineers and similar professions.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separations, landscaped areas, viaducts and bridges.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this title.
SOLAR PANELS OR COLLECTORS: A group of connected solar cells.
SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the city. Special uses permitted in each district are listed in the "Official Schedule of District Regulations" in section 9-6-2 of this title.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Minor: A street which has the primary purpose of providing access to abutting properties.
Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
SUPPLY YARDS: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feeds and grains and similar goods.
TINY HOME (HOUSE): A non-mobile residential dwelling that is 400 square feet or less in floor area excluding lofts.
TINY HOME PERMIT: A particular type of special use permit permitting the placement, alteration, or extension of a tiny home under the applicable regulations of the City of Wilder.
USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE: 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, and height of buildings or other provisions of this title affecting the size or shape of a structure or the size of the lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WIND ENERGY CONVERSION SYSTEM (WECS): A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The wind energy conversion system includes all parts of the system, except the tower and the transmission equipment, and shall be considered as a structure.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Yard, Interior Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
ZONING PERMIT: A document issued by the building official authorizing the uses of land and structures, and the characteristics of the uses.
(Ord. 614, Amended, 12/19/2017; Ord. 593, Amended, 12/11/2012; Ord. 582, Amended, 10/11/2011; Ord. 576, Amended, 3/8/2011; Ord. 414, Amended, 8/6/1996; Ord. 374, Amended, 4/13/1992; Ord. 341, Enacted, 12/1/1988)
For the purposes of this title, certain terms or words used herein shall be interpreted as follows:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE WRECKING: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BOARD: The board of county commissioners.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and the top of building walls for gable, hip and gambrel roofs.
BUILDING OFFICIAL: An official having knowledge in the principles and practices of zoning who is appointed by the council to administer this title.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMMISSION: The zoning, planning and zoning, joint zoning or joint planning and zoning commission appointed by the council.
COMMON ACCESS ROUTE: Private drive allowing principal means of access to individual tiny homes.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the council including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools and other community facilities.
COUNCIL: The city council.
DAYCARE: Care and supervision provided for compensation during part of a twenty-four hour day, for a child or children less than thirteen years of age and not related by blood, marriage, or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. There are three types of daycare facilities, defined as follows:
Daycare Center: A facility providing daycare to thirteen or more children.
Family Daycare: A facility providing daycare for six or fewer children.
Group Daycare: A facility providing daycare for seven to twelve children.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
Gross Density: The number of dwelling units per acre of total land to be developed, including public rights of way.
Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights of way.
DUPLEX DWELLING: Any building or portion thereof which contains two (2) dwelling units.
DWELLING UNIT: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the International Building Code currently adopted, for not more than one family (persons related by blood or marriage to the first degree of kinship) or a congregate residence for ten (10) or less persons unless further restricted by the uniform housing code currently adopted by city ordinance.
EASEMENT: Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.
GARAGE, SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, plus motor vehicle repairs made.
Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority.
HOME OCCUPATION: An occupation conducted entirely within a dwelling unit. (See the required performance standards.)
JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS: Any land, property, structure, building or combination of the same, on which junk is stored or processed.
KENNEL: Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatment.
LOFT: A floor level located more than 30 inches above the main floor and open to the main floor on at least one side with a ceiling height of less than 6 feet 8 inches, used as a living or sleeping space.
LOT: For the purposes of this title, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street, and may consist of:
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under the definition of "yard" in this section.
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets;
Interior Lot: A lot with frontage on only one street;
Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot; and
Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
MOBILE HOME: A residential structure which has been constructed off site and does not meet the criteria defining manufactured housing.
MOBILE HOME COURT: Any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.
MOBILE HOME PARK: Any site or tract of land under single ownership, upon which two (2) or more mobile homes habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated, or an approved nonconforming use.
NURSERY, HOME FOR THE AGED: A home or facility for the care and treatment of more than five (5) pensioners or elderly people.
NURSERY, PLANT MATERIALS: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the city deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors and similar activities.
POLITICAL SUBDIVISION: Any county, city, municipal corporation, health district, school district, irrigation district, special improvement or taxing district or any other political subdivision or public corporation organized and existing by virtue of the laws of the state of Idaho.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, urban planners, architects, engineers and similar professions.
PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separations, landscaped areas, viaducts and bridges.
SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in this title.
SOLAR PANELS OR COLLECTORS: A group of connected solar cells.
SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the city. Special uses permitted in each district are listed in the "Official Schedule of District Regulations" in section 9-6-2 of this title.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.
Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.
Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
Minor: A street which has the primary purpose of providing access to abutting properties.
Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
SUPPLY YARDS: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feeds and grains and similar goods.
TINY HOME (HOUSE): A non-mobile residential dwelling that is 400 square feet or less in floor area excluding lofts.
TINY HOME PERMIT: A particular type of special use permit permitting the placement, alteration, or extension of a tiny home under the applicable regulations of the City of Wilder.
USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE: 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, and height of buildings or other provisions of this title affecting the size or shape of a structure or the size of the lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.
WIND ENERGY CONVERSION SYSTEM (WECS): A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The wind energy conversion system includes all parts of the system, except the tower and the transmission equipment, and shall be considered as a structure.
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Yard, Interior Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
ZONING PERMIT: A document issued by the building official authorizing the uses of land and structures, and the characteristics of the uses.
(Ord. 614, Amended, 12/19/2017; Ord. 593, Amended, 12/11/2012; Ord. 582, Amended, 10/11/2011; Ord. 576, Amended, 3/8/2011; Ord. 414, Amended, 8/6/1996; Ord. 374, Amended, 4/13/1992; Ord. 341, Enacted, 12/1/1988)