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CHAPTER 2 Title 10 Definitions Page 1 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 CHAPTER 2 DEFINITIONS SECTION: 10-2-1: Definitions 10-2-1: DEFINITIONS: For the purpose of this ordinance, certain words and terms are defined as follows: words in the present tense include the future and the future includes the present; the singular number includes the plural and the plural the singular; the word lot includes the word plot, tract, or parcel of land as the sense may require it; the term erected means constructed, altered, moved, or repaired; words shall and must are always mandatory. For the purpose of this plan, the following definitions will be used: Accessory building: A subordinate building, the use of which is incidental to that of the main building. Accessory use: An activity or structure that is incidental or secondary to the principal use on the same lot. Acre: 43,560 square feet. Administrative Record: The record of whatever is formally presented to an appellate body; this material can be used as the case moves up through the system. For example, in a zoning case, the things said and exhibits presented at the zoning hearing become the administrative record and may be used if the case goes on to a city council or court. Adult Business: Any business promoting or selling sexually oriented products, these businesses would not allow admission of minors. These businesses cannot be located within twenty-five hundred (2500) feet of any religious institution, school, public park or building or residentially zoned property. Aesthetic Zoning: Aesthetic zoning is designed to create, preserve and promote beauty or a particular architectural theme. Like all zoning, whether aesthetic or otherwise, it promotes community interest and is based on the principle that the public welfare outweighs the interests of the individual property owner. Justification for aesthetic zoning is to be found within the broad confines of general welfare. In the past, the courts were reluctant to recognize aesthetics as a main reason without joining it with other reasons such as property values. Agriculture: Agriculture shall mean the growing of soil crops in the customary manner in the open. It shall not include livestock raising activities; nor shall it include retailing of goods on the premises. Agriculture, Commercial: any agricultural land being used as a farm, greenhouse, nursery, sod farm, tree farm, orchard, vineyard or similar use for commercial purposes. Agriculture Land: Land used for the raising of plant crops. Page 2 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Agriculture, Urban: The production of vegetables, fruits, honey, and eggs by residents for personal consumption and may include production by members of a neighborhood or by a nonprofit organization on one or more vacant lots for personal consumption or for the off-site sale of small quantities. Alley: A Public way primarily for utility use and for servicing the property adjacent thereto. Amusement Enterprise: Any carnival, amusement ride business, game arcade, or similar amusements, games, or contests. Annexation: The process by which cities expand their legal boundaries to include areas previously only governed by county government. Municipal annexation normally involves extension of services to the annexed territory by the city and allows the city to impose property taxes, fees and service charges in the area. Annexation is accomplished through publishing and passage of a city ordinance. There are certain continuity requirements as well as a stipulation that the newly annexed property must be within a negotiated area of city impact. Some cities, when extending city services beyond city boundaries, require residents in the area to sign annexation agreements (see annexation agreement, municipal), essentially promising they will not protest, annexation when it is proposed. Annexation Agreement: An agreement comprised of the requirements or special conditions that serve as conditions of a developer/developers and/or the city prior to or as an annexed area is developed. Annexation Agreement, Municipal: When a city is considering extending services to an area outside its boundaries but is not yet planning to annex the property, it may seek to obtain a written agreement from the property owners that they will not oppose annexation when it is proposed. Apartment: A dwelling unit within a multiple family residence which is or is to be rented, leased or hired out. Area of City Impact: Idaho law requires cities to prepare a land use plan that not only plans for the area within the city’s legal boundaries but also plans for areas outside of the city’s legal boundaries that are still in the unincorporated area of the county and have not yet been annexed into the city. These are “impact areas.” The purpose of the area of impact is to determine whose developmental regulations (comprehensive plan and implementation ordinances) will apply in “urban fringe areas” or unincorporated areas adjacent to city boundaries. Officially negotiated areas of city impact are a prerequisite for cities to annex adjacent properties. Assembly/Light Manufacturing: assembly of materials from previously prepared parts to construct items such as, but not limited to: appliances, farm equipment, mining machinery, excluding junk yards and auto wrecking yards. Assembly, Place of: The use of land for a meeting place where persons gather together for purposes of attending civic, social, religious functions, recreational events or entertainment performances on a regular or recurring basis including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor recreational facilities. Page 3 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Assisted Living Center: A building for the care and keeping of elderly, ill, physically or mentally disabled people. Attached: see chapter 14A Auto Court, Motor Court: See Motel. Bed and Breakfast Establishment: See Boarding/Lodging House. Beer and Wine Café: To serve beer and wine by the drink, at retail upon premises or as carry- out in an establishment with an age limit of 21 years of age or older, with little or no food service. Bench Seat: For the purpose of this ordinance bench seating will be calculated one (1) seat for every eighteen (18) inches of bench. Bike Lanes: See Trails (Bicycle/Pedestrian) Bikeway: See Trails (Bicycle/Pedestrian) Board of Adjustment: A quasi-judicial body responsible for hearing appeals from decisions of the local zoning administrator and requests for variances, special use permits and other quasi- judicial and administrative determinations as may be delegated by ordinance. Boarding House/Lodging House: A building containing not more than one kitchen where, for compensation, sleeping space and meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis in contradistinction to a hotel or a café. Billboard Sign: See Sign (Off-Premise). BMPA: Bonneville Metropolitan Planning Area. BMPO – Bonneville Metropolitan Planning Organization. Buffer Areas: A parcel of land established to separate incompatible adjacent land uses, such as a commercial use and a residential use. The area may vary in width include walls, fences, or screen plantings, to insulate the adjoining properties from noise, traffic, or visual intrusions. Some ordinances require commercial and industrial districts to install a buffer area wherever the property line abuts a residential district. The term may also be used more broadly to describe any zone that separates two unlike zones, such as a transitional multiple family or professional business zone between commercial zone and a single-family zone. Buffer Areas (Land): A parcel of land established to separate incompatible adjacent land uses. The area may vary in size and may include walls, fences, screen plantings or earthen mounds (berms) to insulate the adjoining properties from noise, traffic or visual intrusions. Buffer Areas (Zone): Describes any zone that separates two unlike zones. For example, in some instances a multiple family or professional business zone may be used between commercial zones and single-family zones. Page 4 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind Building, Main: One or more of the principal buildings upon a lot. Building Official or Inspector: Individual or organization designated by the City to perform inspection and related services under this ordinance. Building Shadow Line: A two-dimensional bird’s-eye view of a building, looking straight down, consisting of the outermost of all above-ground story walls which separate the interior from the exterior of the building. For purposes of defining the shadow line only, porches, patios, and other open, partially open or unheated rooms or areas, and garages are considered to be exterior to the building. Carport: An overhead structure not completely enclosed by walls for the shelter of automobiles. Car Wash: A building containing equipment for washing cars or other vehicles. Cemetery: A burial ground or graveyard. Central Business District: The core commercial area of a city—usually downtown— that has a broad range of financial, retail, government, entertainment and other activities. Child Care Facilities: For the purpose of this ordinance child care facilities shall be classified and defined with the following designations: Family Child Care Facility: Those facilities providing child care for five (5) or fewer children. Group Child Care Facility: Those facilities providing child care for six (6) to twelve (12) children. Child Care Center: Those facilities providing child care for thirteen (13) or more children. NOTE: Operating and licensing requirements for Child Care Facilities are found in the Ammon City Code, Title 6, Chapter 3, Childcare Regulations and Licensing. Clinic: A building used for the diagnosis and treatment of ill, infirm and injured persons, but which building does not provide board, room or regular hospital care and services. Club: A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association the principal activity of which is to render a service usually and ordinarily carried on as a business. Cluster Zoning: Cluster zoning generally refers to development patterns for residential, commercial, industrial, institutional or combinations of such uses in which buildings are grouped or “clustered,” rather than evenly spread throughout a parcel as in a conventional lot-by-lot development. To remedy the effects of grouping of clustering of buildings the density requirements of the existing zone is usually required for the overall parcel of property being “cluster zoned”. Page 5 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Common Wall: See Party Wall/Common Wall. Commercial (Heavy) – Establishments engaged in the trade of goods and services which usually generate high volumes of traffic, are congregated upon or occupy large areas of land, tend to have high levels of onsite activity, or do not deal directly with final consumers. Those zones considered in the heavy commercial designation are C-1, HC-1, CC-1 and GC-1. Commercial (Light) – Establishments engaged in the trade of goods and service which usually generate minimal to moderate volumes of traffic. Those zones considered in the light commercial designation are PB and MU. Often the uses allowed within these zones are compatible with adjacent residential use when buffered efficiently. Communications Facility: Amateur Radio Operators w/antennas, in residential areas, wireless communication towers in high-density residential and commercial zones, or broadcasting studios in commercial zones. Comprehensive Plan: The comprehensive plan is intended to be a guide as to the nature and direction of future growth and development, and is formulated with public input, study and analysis of existing physical, economic environmental and social conditions and a projection of what future conditions are likely to be. The comprehensive plan must consider: private property rights; population; school facilities and transportation; economic development; land use; natural resources; hazardous areas; public services, facilities and utilities; transportation; recreation; special areas or sites; housing, community design and implementation when planning. Once adopted, the plan serves as a guide for making land use decisions, preparation of zoning and subdivision ordinances and capital improvement plans, and determining the rate, timing and location of future growth. One part of the comprehensive plan includes a map showing approximate areas of use designations. Conditional Use/Conditional Use Permit: Certain uses because of their size, special requirements or possible safety hazards are expected to have detrimental effects on surrounding properties, but may be compatible with the other uses if they are properly designed. Such uses are classified in zoning ordinances as conditional uses requiring conditional use permits. A conditional use permit may only be granted after a hearing before the Planning and Zoning Commission and a recommendation is made to the Board of Adjustment. With a recommendation of the Planning and Zoning Commission, the Board of Adjustment can accept or reject the request of a Conditional Use Permit. Specific requirements of the conditional use can be placed before a permit may be issued. Condominium: Defined at the highest level in Idaho Statute section 55-101B, and Idaho Statute Title 55, Chapter 15. For purposes of this ordinance, the word condominium refers to an individual condominium unit as defined by Idaho Statute sections 55-1503 (d) and 55-1509, within a specific building. In brief, a condominium is a separate, independently owned portion of a building where, "unless otherwise expressly provided in the declaration, deeds, plat or plats", "the physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed". The owner of each condominium in the building also owns an interest in common of all common areas of the building or buildings and pertinent grounds in proportion to the value of the owner's condominium unit, compared to the cumulative value of all condominium units within the building or buildings. Condominium Plat: A parcel of land recorded with the County as a condominium plat, consisting of two or more buildings, where each building and usually the ground it sits on is or Page 6 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 can be independently owned, but where part or all of the ground, including but not limited to parking spaces, parking aisles, and landscaping, is owned in common by the various owners of each of the buildings included within the condominium plat, as regulated by Idaho Statue section 55-101B, and Idaho Statute Title 55, Chapter 15. Convalescent Home: Any building or structure used for or occupied by persons recovering from illness or requiring nursing or similar care; not otherwise classified as a hospital. Covenant (subdivision): A covenant is an agreement written into deeds and other documents that promise performance or non-performance of acts, or stipulating certain uses or non-uses of property. Covenants recorded by the developer for a subdivision are not binding or enforced by the City. Covenant agreements are enforced by individual property owners or commonly by home owner associations. Cultural Facility: Any facility that is used for the display of items or performances relating to ideas, customs or social behavior of a society. Such as, but not limited to: art galleries or museums. Curb Cut: A cut in the curb line for the passage of vehicles. Day Care: See Child Care. Dedication: The assignment of private property to a specific public use and its acceptance for such use and ownership by the City. Examples of dedication would be roadways, parks, future building lots for City expansion etc. Density: The number of living units per acre of land. Density is controlled through maximum allowances in the zoning ordinances. Density (Low): Use of land for residential purposes with detached single-family dwellings on larger lot sizes and a maximum of six (6.0) living units per acre, attached single family dwellings will have a maximum density of four (4.0) living units per acre. Density (Medium): Use of land for residential purposes with single or multiple family dwellings on small sized or clustered lots where the density generally is greater than six (6.0) living units per acre with a maximum of twelve (12.0) living units per acre.This designation could be comprised of both attached and detached dwellings. Density (High) – Use of land for residential or mixed-use purposes where although there may be a mixing of housing types, the density generally is greater than twelve (12.0) living units per acre with a maximum density of twenty (20.0) living units per acre. The various residential density limitations defined above shall not be construed to prohibit Planned Unit Developments or similar special developments. These types of developments often concentrate residences at densities higher than those allowed above in one part of the development, in exchange for open space, trails or parks in the remainder of the development. The final density of each such special development taken as a whole, however, may not exceed the density limitations specified above. Further, such special types of development must meet special requirements as City Council shall determine and delineate in the zoning ordinance. Development Rights: The rights associated with the purchase of a parcel of property. A purchaser also Page 7 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 acquires a number of rights towards the use of that property, such as the right to build a home, a right to develop commercially, a right to remove gravel or other minerals, a right to use water, a right to raise crops. Which of these rights are purchased with each property depends on the zoning, other applicable regulations and the terms of the purchase. Developed Area: Annexed land, which includes existing structures, and property where a building permit has been issued. Down Zoning: A change in zoning to a classification requiring development that is less intensive such as from multi-family to single family or from commercial to single family residential. A change in the opposite direction would be “up zoning”. Drive-through Facility: any facility that allows vehicular traffic contact with a building for commercial transactions such as, but not limited to: banks, credit unions, fast-food establishments. Dwelling: Any building that contains a dwelling unit, used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Exceptions to this definition include but are not limited to, a hotel/motel, boarding or rooming house, rest home, convalescent home, child care center, or travel trailer. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling Group (Planned): Two or more buildings used for dwelling purposes located on one lot and not subdivided into customary streets and lots. Easement: An easement is a right granted by the owner of land to another party for a specific limited use of that land. Electric Vehicle Charging Station (Private): A device not accessible to the public that transfers electric energy to a battery or other energy storage device in an electric vehicle for personal use and not for financial profit. Also known as a Private EV Charging Station. Electric Vehicle Charging Station (Public): A commercially accessible device that transfers electric energy to a battery or other energy storage device in an electric vehicle. May be placed in any commercial zone. Also known as a Public EV Charging Station. Emergency Services: any entity providing emergency services such as, but not limited to: ambulance service, emergency medical services. Equestrian Facility: any facility that provides services such as, but not limited to: riding academies, stables for rent or private use. FEMA: Federal Emergency Management Agency. Financial Institutions: businesses which handle individual or group finances, such as, but not limited to: banks, credit unions, lending institutions, investment companies. Floor Area: The floor area of a building is the sum of the areas of the several floors of the building, including basements, mezzanine and intermediate floored tiers and penthouses of Page 8 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include such features as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc. Food Service: any business that deals with the handling of food, such as, but not limited to: drive-through fast-food establishments, catering facilities, coffee roasting facility. Foster Family Care Homes: For the purpose of the Ammon City Code Foster Family Care Homes shall be defined as a location within the City where a minor or minors have been placed in a ward, group home, private home or any other facility approved as an Idaho State-certified foster caregiver. This term shall not be construed to limit or restrict people within residential zones from serving as foster parents in their own home or residence. Fractional Numbers: In determining the requirements of this ordinance, whenever a fraction of a number or a unit is one-half or more and whenever a fraction of a number or a unit resulting from a computation is one-half or more, said fraction shall be considered as a whole number or a unit. Frontage (Street): For the purpose of this ordinance frontage shall be defined as any portion of a lot boundary which boundary is adjacent to a dedicated roadway. Garage (Private): A detached accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises in contrast to a parking garage where the parking or automobile temporary storage space is let for commercial gain. Golf Course: an area of land laid out for golf with a series of 9 or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. Governing Board: For the purpose of this plan the governing board shall refer to the City Council and Mayor. Government: Any facility that will be used to house government offices, either federal, state, county or city. Unless zoned otherwise, excluding the storage of materials or equipment. Grade: The average of the finished ground level at the center of exterior walls of a building. Greenspace: An open space that includes landscaped areas typically planted with trees, shrubs, grass and other vegetation. Grocery: A store that sells food and household supplies Ground Floor: The floor area found on the first story above grade. The first story above grade is the lowest story which is more than one half above grade. For split levels, it includes the first story above grade of each portion of the split. Grandfather Clause/Grandfathered: A legal provision that allows people engaging in an allowed activity or business before a new form of regulation or standards is imposed to continue in that activity without having to go through the new process or meet the new standard. Guest: A person staying or receiving services at a hotel, motel, boarding house, rooming Page 9 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 house or rest home or similar use for compensation. Guest House: A guest house is an accessory building within a residential zone built with the intent of accommodating short term guests without compensation. Health and Fitness Facility: A facility that contains equipment or classrooms designed for exercising. These facilities could contain the following options but are not limited to: athletic clubs, weight reduction salons, semi-public swimming pools. The areas where these facilities can be placed will be determined by size. Height of Building: The height of a building shall be the vertical distance from the grade to top of the building walls. Where the building walls vary in height, the height of the building shall be determined by multiplying the length of each section of said wall by its height and dividing the sum derived there by the total length of wall. High Density Residential: See Density (High). Home Occupation: The term “home occupation” shall mean any business occupation or profession which may be conducted within a residential dwelling, or allowed appurtenant building, without in any way changing the appearance or condition of the structures and carried on by persons residing therein. Applications for home occupations may be granted in any residential zoning area of the City. In some cases, a home occupation may be granted on condition of compliance to certain regulations. Hospital/Surgical Center: An institution where the ill or injured human beings are offered treatment of a type recognized by state law, such as medicine and surgery, osteopathy and the like. Hotel/Motel: Any building where individual sleeping quarters are used, rented or hired out to guests on a daily or short-term basis, where the living units are occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations, traditionally not containing kitchen facilities. Household Pet: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets. Illegal Use: A use, building or activity that is prohibited by the zoning ordinance and was established after the zoning ordinance became effective. Industrial and Manufacturing – All types of manufacturing and industrial establishments. Infrastructure: The physical structures necessary to sustain a population base such as bridges, roads, water, sewer, city halls and fire stations. Often, park lands or landscaping along arterial roadways are included in infrastructure improvement requirements. Institutional: Institutional buildings and spaces, both public and semi-public, such as schools, churches, hospitals and nursing homes. Kennel: Any lot or premises on which three (3) or more dogs over four (4) months old are kept. Kennel, Commercial Boarding: A facility that houses small house pets, usually dogs or cats, Page 10 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 either inside or outside for a fee. Land Use: The way in which land is being used. Specific land uses are either permitted, conditionally permitted or prohibited in each zone. Land Use Plan: See Comprehensive Plan. Landscape Strip: A strip of property adjacent to or required on private property often abutting a road right of way and sidewalk. The width of the strip is determined based on City standards at the time of development. In many subdivisions the landscape strip is used as a place to move snow onto from the adjacent roadways during the winter months. For this reason, it is advised that plantings within the landscape strip be low growing and hardy. The strip may contain landscaping material such as grass, decorative plants, decorative rock, or bark. Hard surfacing of the landscape strip is not allowed in any residential subdivision. Living Unit/Area: See Dwelling Unit. Local Planning Act: Mandated in 1975 by the Idaho Legislature. The act requires cities and counties to enact comprehensive plans, zoning and subdivision ordinance, defines the powers and responsibilities of the planning and zoning commission and governing board with respect to land use issues and sets standards for procedural requirements including public notice and hearings. Lodging House: See Boarding/Lodging House. Lot: Land occupied or to be occupied by a building or building, together with such open spaces as required under this ordinance, and having its principal frontage on a street or an approved access easement. Also building sites without reference to lots as recorded on official plats. Lot (Corner): A lot where two adjacent sides are bordered by public street(s). Lot (Double Frontage): See Lot (Reverse Frontage). Lot (Interior): A lot other than a corner lot. Lot (Reverse Frontage): For the purpose of this ordinance reverse frontage will refer to either the side yard or the rear yard of any building abutting an arterial street. Access to the arterial from the reverse frontage property is prohibited. In some instances, a residential street may be designated as a low access street and access may be denied as if it is an arterial street. Lot (Through): See Lot (Reverse Frontage). Lot of Record: A lot that is part of a subdivision officially recorded or a lot or parcel described by metes and bounds, the description of which has been recorded. Manufactured Home: As defined in Title X, Chapter 30, Section 1 of this Code. Manufactured Home Court: A court opening on a public way equipped with sanitary facilities for the parking of two (2) or more occupied manufactured homes. Page 11 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Manufacturing: Any facility which contains equipment for the purpose of producing a product for sale. These facilities may include but are not limited to: bakeries commercial, bakery plant, cabinet shop, contractor’s yard, craft shop (woodworking, stone mason, etc.), countertops, dry cleaning plants, laundry plants, printing plants, food preparation plant, glass cutting and installation, microbrewery, milling or smelting of ores, milk distribution stations, creameries, bottling works, sign shop including painting, welding, woodworking. The placement of these facilities will be determined by use, based upon noise and fumes emitted. The following uses, along with any similar uses, are NOT permitted in the manufacturing zone: garbage dumps, dead animal reduction, distillation of bones and organic fertilizer manufacturing, explosive manufacturing and storage, glue manufacturing, livestock auctions, establishments that use explosives or other dangerous materials, petroleum refining and refining of crank case oil, rubber manufacturing, cement, lime gypsum, rock wool or plaster of paris, construction sand and gravel mining, stock yards, feed yards, or slaughter of animals. Master Plan (Land Use): See Comprehensive Plan. Master Plan (Mixed-Use): See Chapter 35, Mixed-Use Medical Care Facility: Any facility that will contain services provide by medical personnel, such as, physicians, clinicians, nurses, etc. These facilities may include but are not limited to: medical clinic, emergency healthcare, social services, dental, optometry, rehabilitation center, or general practitioner. Placement of these facilities will be based on size. Also see Hospitals. Metes and Bounds: A system of describing and identifying a tract of land by distance (metes) and directions (bounds) from an identifiable point of reference. Mixed-Use: The Mixed-Use zone is to provide for a variety and mixture of compatible uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Motel: See Hotel/Motel. Motor Vehicle Sales: A facility which sells motorized vehicles such as, but not limited to; new or used automobiles, boats, motor homes, or farm machinery. Motor Vehicle Service: A facility which repairs motorized vehicles such as, but not limited to: automobiles, boats, motor homes, or farm machinery. Also see Repair Shops. Moratorium: An action by the City to impose a temporary halt on a type or area of development. Moratoriums must meet specific guidelines outlined by State Statutes. Mortuaries, Funeral Parlors, Crematory: An establishment where the dead are prepared for burial or cremated, where the body may be viewed, and where funeral services are sometimes held. Multi-Family Residence: A building containing two (2) or more dwelling units, excluding attached single family zero lot line residential units. Multi-Use Path/Trail: See Trails (Bicycle/Pedestrian) Page 12 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Non-Conforming: (Uses, Lots, Structures): Lots, structures, uses of land and structures, and characteristics of uses which are prohibited under the terms of a zoning ordinance but were lawful at the date of the ordinance’s enactment. A non-conforming lot, structure or use is normally allowed to remain unless there is a compelling reason, such as imminent danger to health or safety to discontinue it. Notice, Public: The Idaho Open Meeting law requires posted meeting and agenda notice for regular and special meetings of the planning and zoning commission and governing board. The Local Land Use Planning Act also sets forth public notice requirements for specific types of planning and zoning decisions, including publication and written notice to neighboring property owners. Nursery (Day Care): See Child Care Facility. Occupancy (Change of): Any change in the character of use of a building or premises, not including change of tenants, proprietors or occupants. Off-Street Parking Space: An area for the parking of automobiles which does not include a public street but has convenient access to it. Office, Business: Any space either owned or leased which contains office space for professional, medical, research development and laboratories not involving any type of hazardous or explosive materials. Open Space: Land with non-development or minimal development types of uses. Normally considered as park areas or large landscape areas around commercial developments there are actually three different types of open spaces. (1) privately owned open space: the yards or area associated with private homes; (2) common used open space land designated at the time of recording a plat or site plan as open space for common access and use by the residents of the development or community, or (3) public open space that is owned by the City for the active or passive recreational use of the public (parks). Outdoor Entertainment: Any property which would allow outdoor activities such as but not limited to: drive-in theater, semi-public swimming pools, water parks, outdoor stage or music venue. Outdoor Shooting Range: A specialized facility designed for firearms qualifications, training or practice. These facilities must ensure bullet containment. Overlay Zone: A zone which is superimposed over other zones and in which certain regulations land restrictions apply which supplement or which modify the regulations and restrictions applying in the underlying zones. Overlay (Zoning): A use or zone that is applied to a specific geographic area. Animal overlay allows animals normally prohibited within a zone to be allowed within specific guidelines. Planned transition overlay is designed to transition from one land use type to another land use type, usually involving a zone change that is allowed under specific terms of the planned transition overlay. Conditional use permit overlay is designed to show the areas within the City that have permanent conditional use permit allowed. Most often this conditional use permit would be a school or a church. Page 13 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Park Landscape Strip: A buffering strip consisting of a combination of fencing or wall, berm and landscaping. The strip shall be between thirty (30.0) and sixty (60.0) feet in width, as recommended by the Planning and Zoning Commission. The strip shall include minimum a six (6.0) foot high opaque fence or wall adjacent to the property boundary, a minimum six (6.0) foot high berm, adjacent to the fence or wall and shall include trees and shrubs to act as buffering between the properties. Landscaping is to be matured trees and shrubs at time of planting. The entire park landscape strip is to be landscaped with grass or ornamental planting. Landscaping may include walking paths or other decorative landscape items. The area within the park landscape strip may be used as part of the required storm water retention area. This property is to remain a part of the development and be maintained in perpetuity by the owner/developer or its agent. Parks (Public): Parks which are maintained by a public agency or in some cases open spaces designed into subdivisions but held and maintained as part of a home owner’s association may be considered as a public park, IE Planned Unit Development open spaces. Parks (Semi-Public): Parks which are provided and maintained by a church, club, lodge or other non-profit organization. Parks, Playground, Recreation and Open Space: An area which has been dedicated, designed for or used for outdoor recreation activities; including City parks, and playgrounds, church or club-sponsored parks and playgrounds and privately developed parks and playgrounds within certain types of subdivisions. Parking Facility, Off-Site: Any property that is used for parking lots or parking garages to temporarily house vehicles usually for a fee. Parking Space: Space within a building or parking area exclusive of driveways, ramps, columns, office and working areas, for the parking of motor vehicles. Parking spaces shall be no less than twenty (20) feet in length and not less than ten (10) feet in width. Party Wall/Common Wall: A fire-resistive-rated wall assembly for exterior walls located on a lot line between adjacent Dwelling Units, which is used or adapted for joint service between the two dwelling units, and shall be constructed in accordance with Table R302.1 of the International Residential Code for exterior walls or such table as, may be amended in the future. Common walls shall be constructed without openings and shall create separate dwellings. Patient Care Space: Any space within a medical, chiropractic or dental clinic/office that is used for the examination or treatment of patients. This includes, but is not limited to, examination rooms, dental chairs, chiropractic tables, and operating rooms at full build out. Pedestrian Access: A pathway, sidewalk, or trail with a minimum unobstructed width of five (5) feet that is exclusively dedicated to non-motorized users and is designed and maintained according to the Americans with Disabilities Act (ADA). Performing Arts Production: A facility that will host productions in front of an audience, such as, drama, music and dance. Planning: The process of gathering information, evaluating that information, developing alternatives for future action and setting development goals and policy is commonly referred to as “planning.” In a community, planning is a joint effort between citizens, elected officials, the Page 14 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 planning and zoning commission and planning staff. It consists of identifying the physical, social, and economic factors which affect and are part of the community; defining the community’s goals and objectives; and after careful evaluation of the information and possible alternatives for the future, selecting a course of action which is most likely to bring the community closer to its desired goals. The products of this process usually include a comprehensive plan, plus zoning and subdivision ordinances that carry out the goals elucidated by the plan. Planning is a continuous process, because community goals and attitudes change, new information and philosophies emerge, and new economic and social conditions develop. This requires periodic re-evaluation of the previously established values and goals. Planned Unit Development (PUD): A development that is pre-planned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Therefore, densities are normally calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of common open space. The density requirements of the zone are normally maintained in the development as a whole. The PUD is usually characterized by a unified site design and while most commonly used for residential development, the technique can also be applied to other forms of development such as shopping centers and industrial parks and mixed uses. The PUD also refers to the process of site-plan review, in which planning and zoning, staff and the governing board has considerable involvement in determining the nature of the development. The technique includes aspects of both subdivision and zoning regulations but permits a variation in the rigid zoning and subdivision regulations. A conditional use permit is required prior to the approval of a PUD. Planning and Zoning Commission: A group of citizens appointed by the mayor and confirmed by majority vote of the governing board. The planning and zoning commission is charged with overseeing the comprehensive planning process and implementing the plan through the zoning and subdivision ordinances. The commission serves in an advisory capacity to the governing board. The Local Land Use Planning Act describes the method of creation, powers, and duties of the planning and zoning commission. Plat: A plat is a map representing the subdivision of a parcel of land into lots, blocks, and streets or other divisions and dedications. A preliminary plat is an approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the subdivision. A final plat is the final drawing that is recorded with the county and fulfills the numerous requirements of the Idaho platting statute (Idaho Code Title 50, Chapter 13) and local regulations. Principal Use: The principal use is the main use of a lot or building as distinguished from a secondary or accessory use on the same lot. A dwelling is a principal use on a residential lot while a garage is an accessory use. Private EV Charging Station: See Electric Vehicle Charging Station (Private). Professional Services: Any service that is provided by an individual with special training or education in a specific field, such as, but not limited to: dental office, law office, medical office, mortuary, optometry, or veterinary office. Placement of these offices will be determined by size. Also see Service Industry. Public Building: For the purpose of this plan a public building will be any city, county, public school, fire district, recreational district, state, federal, or similar governmental building located Page 15 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 within the City of Ammon or within the City’s comprehensive plan area. Public EV Charging Station: See Electric Vehicle Charging Station (Public). Public Hearing: A published time and meeting place where citizens can voice their opinions on a proposal. Most public hearings are held before the planning and zoning commission with a recommendation sent to the governing board after citizen input. Public Records: In general, anything written or recorded by the City government. The Idaho Code notes that “Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute.” The law provides for a number of exceptions. Public Use: A structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency, or by a public utility. Recreational Facility: Any facility that is used for enjoyment by individuals, such as, but not limited to: amusement enterprises, such as bowling alleys, carousels, swimming pools, amusement parks, animal shows (event permit required), arts & craft shows (event permit required), entertainment, circuses + carnivals (event permit required), flex space indoor for lease, indoor shooting facility (Conditional Use Permit required), petting zoo, or theater indoor. Repair Shop: Any facility that will fix or mend a product that has been broken in some way, these services may include, but are not limited to: auto body, auto painting, auto repair (no storage of wrecked or dismantled vehicles), HVAC, electronic devices, garages (commercial, no more than 10 wrecked or dismantles vehicles), plumbing, carpenter, small engine repair, tire repair, or upholstery. Also see Motor Vehicle Repairs. Residential Zone: A geographic area of the city where residential dwellings are a permitted use under the zoning ordinance. Restaurant: A permanent facility where people pay for prepared food that may be served on or off premise. Retail-Large Scale: Any business that sells goods to the consumer that has building space in excess of 5000 square feet. These stores may include the following but are not limited to: building materials, garden equipment, farm supplies, furniture, grocery store, small machinery sales, or sporting goods. Retail-Small Scale: Any business that sells goods to the consumer that has building space of 5000 square feet or less. These stores may include the following but are not limited to: antiques, appliances, auction house, automobile supply shops, bakeries & confectionery, book stores, camera and photo supply shops, clothing, computer sales, service & maintenance, convenience store, dairy products, craft shops, delicatessen, pharmacy, florist shop, garden supply, gift shops, grocery store, hobby supply, jewelry, laundromat, paint & wallpaper, pawn shop, pet store, wine/beer shop, stationary store, or upholstery. Rezoning: A change in the zoning district boundaries of the city ordinance. Rezones must be in accordance with the comprehensive plan and may be enacted only after public notice and hearing. Page 16 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Rooming House: See Boarding/Lodging House. Right of Way (ROW): The right of way is the right to pass over the property of another. It usually refers to the land required for the traffic lanes plus shoulders on both sides of roadways, railroads, bike and walking trails. It is normally the land that has been dedicated to the city (public) for traffic purposes. RV Park: The location designed for the accommodation of travel trailers as defined to provide safe, sanitary and attractive facilities for the use of travel trailers. RV Space: A lot or parcel of land in a trailer park designated for use of a travel trailer. Self-Service Storage Facility: A facility that contains storage space, such as rooms, lockers, or containers, rented to tenants usually on a short-term basis. Semi-Public Use: Any building or outdoor area that is available to the public for use either by membership or an admission fee. These areas may include, but are not limited to: civic, social, or fraternal organizations, clubs, community halls, swimming pools, or water park. Senior Independent Living Complex An independent living residence which offers rentable housing and usually one or more services to assist the resident. Residents are independent for the most part, but may like to have, or require some assistance in their daily routines. Services may but are not required to include the following: Help with grooming, bathing, shopping, providing meals, transport to appointments, etc. Service Industry: A facility that provides a service such as but not limited to: hair salon, barber shop, catering, dry cleaners, laundries, day/massage spa, laundromat. Also see Professional Service. Service Station: A facility which has pumps for the purpose of dispensing fuel or devices for the purpose of charging electric vehicles. This facility may or may not include a convenience store. Placement of this type of business will be determined by size. Setback: The shortest distance between the property line and the foundation, wall or main frame of the building. Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required side, front or rear yard setback no more than three (3) feet. Setbacks will be measured from the property line to the foundation of the structure. Share Use Path/Trail: See Trails (Bicycle/Pedestrian) Shopping Center: An area or tract of land specifically set apart and zoned to provide commercial services of various types, according to an integrated, approved plan. Sidewalks: The portion of a street adjacent to or running parallel to a roadway. Sidewalks are that area designed and built for preferential or exclusive use by pedestrians. However, because many streets are too narrow to safely accommodate bicycles and motor vehicles, it may be necessary for bicyclists to share the sidewalk with pedestrians. When bicyclists must use the sidewalk, they must yield to pedestrians. At times this may necessitate the bicyclist becoming a pedestrian, by getting off of and walking beside the bicycle. Sign (Off-Premise): A business sign which directs the attention of the public to a business, an Page 17 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 activity or to any commercial or non-commercial product(s) or service(s) that are sold offered or distributed from a location that is not on the same premises where such business sign is located. For the purposes of this ordinance, signs that contain two or more business names and that are located in a development platted and planned as one development or shopping center are not subject to this definition. Sign (Building Identification): A sign designed to identify a building either by name, address or both. Signed Shared Roadway (Signed Bike Route): See Trails (Bicycle/Pedestrian) Single Family Group Homes: For the purpose of the Ammon City Code a Group Home in any single-family residential zone shall be allowed pursuant to the requirement of the Idaho State Code 67-6531. Any group home operated within the City of Ammon shall comply with all the requirements and conditions of the Idaho State Code. Single Family Residence: A Single-Family Residence includes fully detached, semi-detached (semi-attached, side-by-side), row houses, and townhouses. In the case of attached units, each must be separated from the adjacent unit by a foundation-to-roof wall in order to be classified as a single-family structure. Said units must not share heating/air-conditioning systems or utilities. Units built one on top of another and those built side-by-side that do not have a foundation-to- roof wall and/or have common facilities (i.e., attic, basement, heating plant, plumbing, etc.) shall not be classified as single-family residences. Site Plan: A site plan is a scale drawing showing proposed structures and improvements for a parcel of land as required by the applicable regulations. It includes lot lines, lot area, streets, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, landscaping, and the location of proposed or existing utility easements. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data. Site Plan Review: Site plan review is the process whereby city staff and the planning and zoning commission, review the site plan of a development to assure that it meets the stated purposes and standards of the zoning and subdivision ordinance. Special Use Permit: See Conditional Use Permit. Spot Zoning: Spot zoning is a form of discriminatory zoning that serves to further the interests of a few private property owners instead of the welfare of the entire community as set forth in the comprehensive plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than, as is commonly believed, the size of the area being rezoned. Standard Development Agreement: An agreement between the City and a developer which requires an owner or developer to make a written commitment concerning the use of development of a specific parcel of property as a condition of development. The agreement is binding and recorded so as to bind future owners. Storm Water: Water or runoff from rainstorms or snowmelt that does not soak into the ground or evaporate, but instead flows across surface areas such as lawns, parking lots, rooftops, streets etc. Page 18 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Storm Water Retention: An area of retention designed to contain storm water for a period of forty-eight (48) hours. Where green space serves as the required storm water retention areas, only grasses and vegetation compatible with water retention may be allowed. Story: That portion of a building included between the surface of a floor and the ceiling next above the floor. Street Fair: A fair that celebrates the character of a neighborhood. It is usually held on the main street of a neighborhood. Street: A public thoroughfare other than an alley also referred to as an arterial, collector or local. Street (Arterial): More detailed information for the following street designations can be found in the BMPO Access Management Plan at www.bmpo.org. Principal Arterials are major roadways that are intended to primarily serve through traffic so access to abutting properties is restricted. Minor Arterials are like principal arterials, except vehicle access is less restricted. Street (Collector): Major collectors are roadways that provide local circulation over moderate distances and link arterials to local streets. Except for individual residences, they may provide direct access to abutting properties. Residential collectors are like major collectors, except they provide local circulation over short distances and although discouraged, by City Engineer approval may be permitted to provide direct access to individual residences. Street (Local): Roadways that are intended to provide access to abutting properties and serve very little to no through vehicle traffic. Studio Commercial: A space where an individual or group sell either artwork or services. This could include but not be limited to: artist, musician, photographer, or dance instruction. Structural Alterations: Any change in the supporting members of the building, such as the bearing walls, columns, beams, girders or roof. Subdivision: The division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development. Subdivision is both the process and the result of laying out a parcel of undivided land into lots, blocks, streets, and public areas. Subdivision Regulations: Subdivision regulations are local ordinances that regulate the conversion of undivided land into building lots for residential or other purposes. The regulations establish requirements for streets, utilities, site design and procedures for dedicating land for open space or other public purposes to the local government or for fees in lieu of dedication, and prescribe procedures for plan review and payment of fees. Page 19 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “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 the external dimensions of the structure. Surgical Center: See Hospital/Surgical Center. Swimming Pool (Private): A swimming pool serving as an amenity to and located within the lot of a primary dwelling unit. Swimming Pool (Public): A swimming pool located on a lot where a primary residence is not included on the same lot. Examples of public swimming pools would be a pool located within a subdivision for the use of all or part of the residents within the subdivision, regardless of the type of ownership of said swimming pool. Television and Radio Broadcasting Station: Television and Radio studios, see Title 10 Chapter 32 for antenna height regulations. Town House Dwelling: Two or more Single Family attached Dwelling Units within the same building separated by zero lot line construction where ownership of the individual dwelling units is independent of each other including specified ground around the individual dwelling units and no common ownership in the building or grounds exist. Town House Unit: A Single-Family Dwelling Unit contained in a Town House Dwelling. Trails (Bicycle/Pedestrian): For the purpose of this Code, the following definitions shall be included in the definitions referring to trails: (A) Bike Lanes: A portion of a roadway designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists. Bike lanes are striped lanes on existing roadways running parallel, and adjacent, to the outside motor lane. A bike lane is for the exclusive use of bicyclists and allows for one-way travel in the same direction as the motor vehicle with one lane on each side of the road. (B) Bikeway: A generic term for any road, street, path or way which, in some manner, is specifically designated for bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. (C) Multi-Use Path/Trail: Paths entirely separated from the roadway, generally by a space of at least five (5) feet, except at infrequent intersections. Bicyclists, pedestrians and various other non-motorized users can use multi-use paths/trails. (D) Shared Use Path/Trail: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the street right-of-way or within and independent of right-of-way. Shared use may also be used by pedestrians, skaters, wheelchair users, joggers and other non-motorized users. Page 20 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 (E) Signed Shared Roadway (Signed Bike Route): A shared roadway designated by signing as a preferred route for bicycle use. When signs are used, it indicates to bicyclists that particular advantages exist to using the route compared to alternates and the responsible agency has taken action to ensure the roadway is suitable and maintained. Trailer Court: See manufactured home court. Trailer House: See manufactured home. Transportation Facility: A facility that provides boarding for transportation services or commercial trucking use, such as, but not limited to: bus depots, heliport, passenger railroad stations, or truck stops with layover facilities. Travel Trailer Park/Court: See RV Park Trailer Space: See RV Space. Travel Trailer: The term "travel trailer" shall mean and include all living accommodation units which are capable of unrestricted highway use and not placed upon any foundation. The term shall include, but not be limited to, travel trailers, motor home units, fifth wheels, and campers mounted on automotive vehicles. Vacant – Although this category is primarily intended to specify those lands which have no particular use designation, this category is also used to specify lands which have been annexed but have not been issued a building permit or have been designated as transportation right-of- ways, major utility easements and waterways. The category could include both platted and unplatted lands. Variance: A waiver of specific regulations of this ordinance granted by the City in accordance with the provisions set forth in this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. Those requirements can be found in Chapter 9 section (10-9-8-B). Vertical Project: A vertical project/building can be any project or building containing two or more levels above grade. Wholesale: Sale of goods for resale as distinguished from sale of good to consumers. These include wholesale, resale and distribution centers with warehouses Yard: An open space on a lot with a building, which space is unoccupied or unobstructed from the ground upward, except as otherwise permitted in this ordinance. Yard (Front): The minimum horizontal distance measured from the building foundation or any projection thereof, excluding steps, that is closest to the street, to the property line adjacent to the street or if not facing a street, the minimum distance from the foundation to the required setback of the next adjacent building. Yard (Required): The open space around buildings which is required by the terms of this ordinance. Page 21 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Yard (Rear): An open, unoccupied space on the same lot as a building, measured from the building foundation closest to the rear lot line of the building (exclusive of steps) and the rear property line, and extending for the entire width of the lot. Yard (Side): A yard between the building and the side property line of the lot and extending from the street line to the rear of the lot, measured from the building foundation nearest to the side property line. Zero Lot Line: A property line which meets either of the following two conditions: 1. A property line runs through a solid, unbroken, not hollow wall running from the bottom of the basement or crawl space to the top of the ceiling of a building. Each property to either side of this dividing wall may install any needing support beams and an inner wall against the dividing wall. Utility lines (electric, telephone, cable, etc.) and pipes (water, sewer, natural gas, etc.) may be placed behind the inner wall, but in no case may any line, pipe or any other opening pierce the dividing wall. 2. A property line which runs between two buildings whose solid, unbroken outer walls, running from the bottom of each building’s basement or crawl space to the top of each building’s attic, touch each other. No utility line or pipe may cross the two touching walls, nor may any other opening in one touching wall align with any opening in the wall it touches. Zoning Ordinance: Zoning ordinance is the local law adopted by the governing body to assure orderly development according to specific standards established for the general public welfare and govern the types of permitted land uses, the maximum density or minimum lot size, building heights, setbacks and so on. Zoning ordinances consist of text and a zoning district map. The map divides the jurisdiction into districts (zones) for different types of development, while the text specifies what regulations apply to each district, including general provisions and administration. Zoo (Petting): Temporary or permanent events, open farms or premises where contact is permitted between approved animals and members of the public, whether a fee is charged or not.