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CHAPTER 18: DEFINITIONS
(As amended December 13, 2011)


For the purposes of this ordinance, the following words and terms shall have the specific meanings set forth in this chapter, unless the context in which the word or term is used clearly indicates otherwise:

Accessory: A building, structure or use which is a necessary and customary part of, but subordinate to and clearly incidental to, the primary building, structure or use.

 

Accessory Dwelling Unit: Not more than one structure, not to exceed 950 square feet, where a primary residence exists or is to be built on a single parcel or lot.

Agricultural Lands: Lands used for the production of crops, timber or livestock.

Auto wrecking yard/junk yard: An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, automobile parts and bodies of three (3) or more inoperative and unlicensed vehicles. The terms auto wrecking yard and junk yard shall not be construed to include automobile sales lots, service and repair businesses, nor sanitary landfills or transfer stations.

Base Flood: The temporary inundation of lands from floodwaters of the nature and extent which is calculated to have a one (1) percent chance to be equaled or exceeded in any given year. The term is synonymous with "hundred year flood."

Body of Water: For the purpose of determining setbacks, a body of water shall include permanent and seasonal lakes and ponds, rivers and streams having a defined bed and banks with definite flow for more than four (4) months during the year, and swamps or bogs having standing water for more than four (4) months during the year. The term shall not include drainage or irrigation ditches, artificial swales for the on-site retention of stormwaters, livestock watering structures, springs, or natural depressions which contain standing water for short periods.

Commercial: A use or structure intended primarily for the conduct of retail trade in goods and services.

Conditional Use: Any use within a particular zone district specified by Chapter 7 of this ordinance and specifically referred to as a conditional use, subject to the procedures set forth at Chapter 12.

Condominium: A residential development which ownership consists of an undivided interest in common in a portion of real property, together with a separate interest in space, the boundaries of which are described on a recorded final plat in sufficient detail to locate all boundaries thereof.

Dwelling: A building or mobile structure or portion thereof designed exclusively for residential purposes. The term shall not include transient residential structures such as hotels, motels, campgrounds, boarding houses, etc.

Dwelling Unit: One or more rooms in a dwelling, commercial building apartment house or any type of building designed for occupancy by one (1) family.

Floodplain: Lands subject to inundation during a base flood.

Floodway: The channel of a river or stream and the adjacent portion of the floodplain which generally carries floodwaters with destructive volumes and velocities, and which is reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood more than one (1) foot.

Front Yard: For the purpose of determining the setback requirements for any particular building, the front yard shall be deemed to be that part of the lot or parcel of land which is adjacent to a street or road, or which is entered by a street or road. Where a lot or parcel lies at the intersection of two (2) streets or roads, the street or road which is faced by the primary entrance to the building or dwelling shall determine the location of the front yard, and the other street or road shall be considered the flanking street. The front yard shall be deemed to extend the full width of the lot.

Industrial: Use of a parcel or development of a structure intended primarily for the manufacture, assembly or finishing of products intended primarily for wholesale distribution.

Major facilities of public or private utilities: Structures, lines, towers and other facilities which are part of utility services and which are designed to provide service or transmission on a regional or community scale.

Manufactured home/Mobile home: A dwelling unit designed and constructed so as to be transported as a unit or in sections from one place to another, and which may have permanent location and attachment to a foundation and permanent connection to utility services.

Parcel: An unplatted piece of land which is uniquely described and meets the minimum zoning requirements for the district in which the property is located.

Permitted Use: Any use within a particular zone district specified by Chapter 7 of this ordinance and specifically referred to as a permitted use, which shall require the issuance of a permit by the zoning administrator following the procedures set forth at Chapter 5.

Rear Yard: That portion of a lot or parcel located at the opposite side of the lot from the front yard, and extending the full width of the lot or parcel.

Recreational Vehicle/Trailer: A dwelling which may be driven or towed, designed for temporary occupancy and containing holding tanks for drinking water or waste water and which cannot accommodate permanent utility service connections without modifications to the original structure.

Side Yard: That portion of a lot or parcel along a property line which is neither a front yard nor a year yard.

Single Family Residence: A separate or zero lot line dwelling unit designed for occupancy by one (1) family, or by eight or fewer unrelated mentally or physically handicapped or elderly persons which is supervised in accordance with the provisions of 67-6531 and 67-6532, Idaho Code.

Special Use: Any use in a particular zone district specified in Chapter 7 of this ordinance, and which is not specifically listed as a use by right, a permitted use or a conditional use, shall be considered a special use, subject to the provisions of Chapter 13 of this ordinance..

Stock Cooperative: A land development where title is held in common and individuals or bodies corporate receive a right of exclusive occupancy for building construction in a portion of the real property.

Street/Road: A publicly owned and maintained or recorded private thoroughfare which affords primary means of access to property, including a recorded easement for ingress or egress or a publicly owned right of way where no public highway agency has accepted the right of way for maintenance.

Structural alteration: Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, girders or supporting members of the roof, or any addition to an existing structure which changes the "footprint" of the building.

Subdivision: Any tract of land divided into four (4) or more lots, parcels or sites for the purpose of sale or building development, whether immediate or future, providing that this definition shall not include bona fide division or partition of agricultural land into lots, all of which are five (5) acres or larger, and maintained as agricultural lands.

Use: The purpose for which lands or buildings are arranged, designed or intended or for which they are occupied or maintained.

Use by Right: Any use within a particular zone district specified in Chapter 7 of this ordinance and specifically referred to as a use by right, which requires no application, permit or action by the Boundary County Planning and Zoning Department.