Chapter 18.10 DEFINITIONS

Chapter 18.10
DEFINITIONS

Sections:

18.10.010 Interpretation of terms or words.

For the purpose of this title, certain terms or words used herein shall be interpreted as follows:

The word “person” includes a firm, association, organization, partnership, trust, company, or corporation, or any other entity capable of owning or holding any interest in real property, as well as an individual;

The word “shall” is a mandatory requirement; the word “may” as used herein is permissive;

The present tense includes the future tense, the singular includes the plural, and the plural number includes the singular, unless the context clearly indicates otherwise;

The words “used” or “occupied” include the words “intended,” “designed,” “maintained,” or “arranged.” [Ord. 230, 2016.]

18.10.020 Meaning of terms or words.

“Abandoned sign” means a sign which no longer advertises a bona fide business, lessor, owner, product or activity.

“Aboveground combustible liquid tank(s)” means any vessel containing more than 60 gallons (227 L) of Class II liquids, Class III-A liquids, or Class III-B liquids as defined herein as “combustible liquid” (e.g., diesel). Aboveground combustible liquids do not include LPG (propane). The use of any aboveground combustible liquid tank is prohibited except where listed as a conditional and/or accessory use. Home heating fuel for personal use is exempt from this definition.

“Accessory use or structure” means a structure subordinate to the principal use on the same lot or premises, and serving a purpose customarily incidental to the use of the principal building.

1. Attached Accessory Structure. Any structure which is not part of the principal structure, but which is located within three feet of, or attached to, the principal structure.

2. Detached Accessory Structure. Any accessory structure located more than three feet from the principal structure.

3. Accessory Dwelling Unit. Secondary living unit on a single-family lot. An ADU contains its own kitchen, sleeping area, and bathroom facilities. ADUs can also be attached or detached from the primary residential unit. ADUs are subordinate in size, location, and appearance to the primary dwelling unit. ADUs are commonly referred to as mother-in-law apartments, ECHO homes (elder cottage housing opportunities), guest cottages, caretaker cottages, garden cottages, carriage houses, or rental units.

“Administrator” means the city of Donnelly planning and zoning administrator.

“Affected person” means any person having an interest in real property which may be adversely affected by the issuance or denial of a permit, variance, or other action of the staff, commission, or board in regard to provisions of this title.

“Agricultural building” means any building to be used for agricultural purposes, placed on agricultural land of five acres or more, categorized as agricultural by the Valley County assessors’ office, and which is not intended for human habitation (including pump houses, barns, tool sheds, storage buildings, etc.).

“Agricultural uses” means farming; dairying; pasturage; cultivation; tillage; horticulture; floriculture; silvaculture; viticulture; vermiculture; and animal, poultry, and fish husbandry as the principal use and the necessary accessory use for packing, treating, or storing the produce. Agricultural uses shall not include commercial riding stables, race tracks, slaughterhouses, plants, factories, works for the reduction of animal matter, or commercial poultry, kennels or feedlots.

“Airport” means any runway, landing area, or other facility designed or used either publicly, privately, or commercially by any person for all landing and taking off of aircraft, including any associated taxiway, aircraft storage and tie-down areas, hangars, passenger terminals, and other buildings.

“Alley” means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting a street.

“Alteration – building/structure” shall mean any change in size, shape, character, occupancy, or use of a building or structure.

“Animated sign” means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

“Apartment” means a multifamily residential complex; all units are owned by a single person, group of people, or corporation, and rented or leased to individuals.

“Applicant” means any owner of land or an authorized representative; or an individual group who has legal or equitable interest in the land; and who files an application for a permit, variance, or appeal in accordance with the requirements of this title.

“Area of sign/sign area” means the area of all faces of a sign within a perimeter which forms the outside shape, excluding any necessary supports upon which the sign may be placed. Where a sign consists of more than one face, section, or module, all areas shall be totaled.

“Art” means that which has form or beauty and which is not intended to display a commercial message, including paintings, photography, sculptures or drawings.

“Artisan shop” means a use in a building which is 3,000 square feet or less wherein an artist or craftsman produces products and sells those same products to the public.

“Banner” means any sign of lightweight fabric or similar material permanently mounted to a pole or building located outdoors.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the “100-year flood.” Designation on maps always includes the letter A or V.

“Base flood elevation (BFE)” means the height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the flood insurance study report, or depth of the base flood, usually in feet, above the ground surface.

“Basement” means any floor level below the first story in a building, provided such floor level is more than four feet below grade for more than 50 percent of the perimeter.

“Beacon” means any light with one or more beams directed at any point not on the same property as the light source; also, any light with one or more beams that rotate or move.

“Bed and breakfast inn” means a building which has no more than eight sleeping rooms available for rent for short-term (less than 15 days) residential occupancy, and serves through a main entrance.

“Bench signs” means any outdoor furniture with commercial signage.

“Best management practices” means:

1. The exercise of judgment, and care under the circumstances then prevailing, which persons of prudence and discretion exercise in the management of their affairs.

2. Best management practices in engineering, planning, or administration to prevent or reduce runoff pollutants.

“Bike path” means a hard surfaced path which has been created for nonmotorized transportation and is usually physically separate from automobile travel lanes.

“Boarding and rooming house” means a building in which the proprietor resides and which has not more than six rooms available for rent or lease for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms.

“Bond” means a contract between the applicant and the city in which the applicant guarantees that he will perform certain requirements of any permit under this title. The contract shall require the applicant to secure performance of the contract by surety, cash, collateral, or other consideration sufficient to assure either performance or reclamation of any act or acts authorized by the permit. This contract includes, but is not limited to, performance, reclamation, contractors, materialman indemnification or other bond assuring the performance of applicant under any permit and the payment of all labor and material in the performance of any work provided to or for the benefit of the applicant under any permit. Any bond would require an A+ Best’s rating. In the discretion of the board, the principals of such bond may be required to include the real parties in interest such as officers, directors, shareholders or partners.

“Buffer,” for the purposes of this title, includes, but is not limited to, a landscape strip, solid fence, or solid wall designed to lessen the negative impacts one land use may have on another.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building footprint” means the area of the lot or parcel which is within the perimeter created by a vertical extension to the ground of the exterior walls of all enclosed portions of a building, including attached garages, carports, enclosed decks, bay windows, porches, solariums and similar enclosed extensions, attachments and accessory annexes. Not included in the footprint are unenclosed portions or extensions of buildings, including, but not limited to, unenclosed decks, porches, eaves and roof overhangs.

“Building frontage” means the width of a building facing the street to which the building or business is oriented. In the case of corner lots the frontage shall be one of the streets to which the building is oriented, to be determined by the administrator.

“Building official” means the Valley County building official.

“Bulky retail” means retail sales of bulky items including but not limited to farm equipment, manufactured homes, furniture, appliances, and farm and garden supplies.

“Business” means any retail, or wholesale store, professional office, or similar kind of commercial establishment.

“Catering services” means a facility for the preparation and storage of food and food utensils for off-premises consumption and service.

“Central sewage treatment facility” means any plant, lagoon, or system, other than an approved individual modified septic tank, drain field, or pit privy, for receiving, treating and disposing of sewage.

“Changeable copy sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the sign. A sign on which the message changes more than one time per day shall be considered an animated sign.

“Channel” means a natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, and which, in the absence of evidence to the contrary, shall be presumed to consist of the area between the boundaries of vegetation on either side of the watercourse.

“Church buildings or church campgrounds” means any structure or property which is directly used for exempt purposes and is owned by any church which is qualified as an organization exempt from income tax or operated by a body of religious believers for the purpose of practicing their faith.

“City” means the city of Donnelly, Idaho.

“Clean Water Act (CWA)” means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

“Cluster development” means a subdivision or other development planned and constructed so as to group structures or lots into relatively concentrated and contiguous areas while providing a unified network of open space, wooded area, recreational or agricultural land.

“Combustible liquid” means a liquid having a flash point at or above 100 degrees Fahrenheit (37.8 degrees Celsius). Combustible liquids are subdivided as follows; the category of combustible liquids does not include compressed gases or cryogenic fluids.

Class II liquids are those having closed cup flash points at or above 100 degrees Fahrenheit (37.8 degrees Celsius) and below 140 degrees Fahrenheit (60 degrees Celsius). Class III-A liquids are those having closed cup flash points at or above 140 degrees Fahrenheit (60 degrees Celsius) and below 200 degrees Fahrenheit (93.3 degrees Celsius). Class III-B liquids are those liquids having closed cup flash points at or above 200 degrees Fahrenheit (93.3 degrees Celsius).

“Commercial use” means occupancy of a building, structure, or other property which involves any retail sale, wholesale distribution, professional office, entertainment service, recreational area, restaurant, room for rent, hybrid production facility, or any combination of any of these uses with any other use. This definition shall not include churches, public schools, hospitals, public civic centers, or public recreational facilities, or other facilities owned by, or operated strictly for the benefit of, the public.

“Commission” means the planning and zoning commission of the city of Donnelly, Idaho.

“Common open space” means a portion of real property for use by all property owners within the subdivision including permanent viewsheds, golf courses, conservation easements, or other like uses that also meet the definition of “open space.”

“Community housing” means residential units that are occupied by local employees, local retirees, and other long-term community residents as their primary home, that is affordable for low to moderate income households and have restrictions that will preserve their affordability into the future through deed restrictions.

“Community or civic event” means a public event which is of interest to the community as a whole rather than the promotion of any product, political candidate, religious leader, or commercial goods or services.

“Comprehensive plan” means compilation of goals, objectives, maps, and other data guiding the physical, social, and economic development, both public and private, of the country and its environs as defined in the Local Planning Act of 1975, and adopted by resolution from the Donnelly planning and zoning commission to the Donnelly city council or as hereafter amended.

“Conditional use” means a use or occupancy of land permitted only upon the issuance of a conditional use permit, and subject to the limitations and restrictions specified in such permit in addition to all other applicable regulations and provisions of this title.

“Condominium” means a multifamily dwelling containing two or more dwelling units in which each unit is under single ownership, excluding the ground beneath the unit.

“Construction” means the erection, fabrication, reconstruction, demolition, conversion, repair of a building, or the installation of equipment therein normally a part of the structure.

“Construction activity” means activities occurring in furtherance of a construction project, including, but not limited to, land disturbing activities; temporary crushing and screening operations lasting less than 180 calendar days; hauling soil and rock; explosive and abrasive blasting; implosion; handling of building materials; concrete, stone and tile cutting; operation of motorized and nonmotorized machinery; and the operation of motor vehicles on a construction site, a staging area, a parking area, a storage area, or any access routes to the construction site.

“Convenience store” means a small-scale grocery operation that may provide self-service gasoline.

“Copy” means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which is intended to advertise, identify, or notify.

“Council” means the city council of the city of Donnelly, Idaho.

“County” means Valley County, Idaho, and/or its representative’s staff or assigns.

“County recorder” means the county recorder of Valley County, Idaho.

“Cul-de-sac” means a dead end street that provides a turnaround at its terminus (court or place).

“Day care business” means the care and supervision, provided for compensation during part of a 24-hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child’s own home. This term includes preschools, nursery schools, play schools, kinder-care, and any like or similar operation, in accordance with “National Health and Safety Performance Standards.”

1. “Day care center” means a day care operation providing care for 13 or more children.

2. “Day care facility” means a day care operation providing care for no more than 12 children.

3. “Day care home” means a day care operation providing care for six or fewer children at any one time, having not more than three employees, and operating between the hours of 7:00 a.m. and 6:00 p.m.

4. “Child” means any person under 12 years of age.

5. “Employee” means any person working for compensation in any day care operation.

“Deck” means an exterior floor system connected to an adjoining residential dwelling where the top of the floor system is less than 30 inches above adjacent grade (e.g., a porch or a patio). A “deck” is not a building or structure subject to the setback requirements of this title.

“Dedication” means the setting apart of land or interests in land for use by the public. Land becomes dedicated only when accepted by the board as public dedication, either by the passage of a city ordinance or by entry of a resolution of approval in the official minute book of the meetings of the council.

“Density” means the number of residential lots or dwelling units per acre of land.

“Development” means any grading, vegetation removal, construction activity, or any other activity which changes the existing character or use of the land or has any impact on adjoining properties.

“Development agreement” means a contract between the applicant and the city to assure performance of the applicant on any permit and for the payment of any fees, or other duties and obligations of the applicant related to the permit.

“Development standards” means the combination of controls which establish the maximum size of a building and its location on the lot, including, but not limited to:

1. The size of buildings and other structures.

2. The shape of buildings and other structures.

3. The location of exterior walls of buildings and other structures, in relation to property lines, streets, and other buildings or structures.

4. Open space requirements.

5. Lot area per dwelling unit.

“Double frontage lot” means a lot other than a corner lot having frontage on two parallel or approximately parallel streets.

“Driveway” means a nondedicated, vehicular access constructed on private property providing access to not more than five residential dwelling units.

“Duplex” means a multiple-family dwelling under single ownership containing two dwelling units in which at least one of the units is rented or leased or is intended for rent or lease.

“Dwelling unit” means the descriptive unit of measure for determining residential use and density. It may be a single building or part thereof, having a kitchen, which provides for the full living facilities of one or more persons, including:

1. Single-family detached dwelling.

2. Single-family attached or clustered multi-unit component such as a duplex or condominium.

3. Mobile home, travel trailer, recreational vehicle or preconstructed modular unit on a temporary foundation, which meets the above criteria.

“Dwelling unit equivalent” means a single building or part thereof that provides for partial living facilities but excludes cooking and laundry facilities within the individual living spaces. One-half dwelling unit is where food preparation and dining facilities are not provided on site as part of the development, and laundry facilities are provided as a service only. One-third dwelling unit equivalent is where food preparation, dining, and laundry services as well as meeting and other public spaces are included on site as part of the development. The above shall not exclude a microwave oven, coffeemaker, and/or small under-counter refrigerator such as is provided in a motel/hotel application that is not intended for long-term, continuous stay.

“Easement” means a right to the use of land, other than as a tenant, for a specific purpose by someone other than the owner who holds title to the land.

“Electronic message sign” means a permanent sign which changes copy electronically more than once per day using switches and electric lamps.

“Engineer” means a professional engineer registered in the state of Idaho.

“Enhanced specialized mobile radio (ESMR)” means private land mobile radio with telephone services.

“Erected” includes built, constructed, reconstructed, moved upon, or any other physical operations on the premises required for building. Excavation, fill, drainage, and the like shall be considered a part of erection.

“Erosion” means progressive detachment and removal of particles, including soil and rock fragments, from the earth’s surface by means of water, wind, ice, gravity or mechanical processes, including vehicular traffic.

“Exterior lighting” means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Emergency or warning lights outside are considered exterior lighting for the purpose of this title. Exterior lighting does not include vehicles.

“Fees, impact” means the fees authorized by the state of Idaho statutes for those services provided by the county or other local taxing agencies which would otherwise be funded by tax revenues. The fee shall be reasonably related to, but shall not exceed, the actual cost of the service rendered. The fees shall be in cash or other consideration that may be negotiated with an applicant.

“Fees, reimbursement” means any applicant for any permit involving a planned unit development which is residential or multiuse, subdivision, cluster development, condominium, or any other proposed change in use which significantly alters the characteristics of the existing use shall be required to pay a reimbursement fee to the city for all reasonable administrative and other costs heretofore or hereafter incurred directly or indirectly by the city in processing the application and monitoring the construction, maintenance, and completion of all or part of the permit. These fees may be adopted by resolution.

“Fence” means a natural or artificial barrier intended to be an enclosure or to delineate a boundary and located within 20 feet of a property line. For the purposes of this title, the term “fence” shall include hedges and walls.

“Final plat” means a map for recording of real estate interests with the county recorder prepared by a registered professional land surveyor and conforming to the requirements of the subdivision, planned unit development or other development. The final map, drawing, and related documents are presented to the city for approval, and which, if approved, will be submitted to the county recorder for recording.

“Flag” means any fabric banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or political subdivision.

“Flammable liquid” means a liquid having a closed cup flash point below 100 degrees Fahrenheit (37.9 degrees Celsius). The category of flammable liquids does not include compressed gases or cryogenic fluids. Flammable liquids are further categorized into a group known as Class I liquids. The Class I category is subdivided as follows:

1. Class I-A liquids include those having a flash point below 73 degrees Fahrenheit (22.9 degrees Celsius) and having a boiling point below 100 degrees Fahrenheit (37.8 degrees Celsius).

2. Class I-B liquids include those having a flash point below 73 degrees Fahrenheit (22.8 degrees Celsius) and having a boiling point at or above 100 degrees Fahrenheit (37.8 degrees Celsius).

3. Class I-C liquids include those having a flash point at or above 73 degrees Fahrenheit (22.8 degrees Celsius) and below 100 degrees Fahrenheit (37.8 degrees Celsius).

“Flashing signs or lights” means any sign which contains an intermittent light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. A sign on which the only intermittent lights display an indication of time or temperature shall not be considered a flashing or electronic message sign for the purpose of this title.

“Flood” means a general and temporary condition of partial or complete inundation of normally dry lands from (1) the overflow of inland waters and/or (2) the unusual and rapid accumulation of runoff or surface waters from any source.

1. “One-hundred-year flood” means a flood having an indicated average frequency of occurrence once in 100 years, although the flood may occur in any year.

2. “One-hundred-year flood elevation” means the maximum high water elevation of the 100-year flood at any given point on the floodplain.

“Floodplain” means a relatively flat area or low land adjoining a body of water which has been or may be inundated by water from the 100-year flood.

“Floodway” means that portion of the flood hazard area that includes the channel and the portion of the adjacent area which conveys the major portion of the flow for the 100-year flood.

“Floor area” means the gross area included within the surrounding exterior walls of a building or portion thereof, including all floor levels, exclusive of vent shafts, courts, attics, or garages or other enclosed automobile parking areas, subject to the following restrictions:

1. The unfinished basement of a single or multiple-family dwelling is not included as floor area; and

2. The basement of any other building is included as floor area.

“Freestanding sign” means any sign erected on a freestanding frame, platform, base, mast, or pole and not structurally attached to any building.

“Freestanding tower” means a tower standing without any external supports.

“Frontage” means the distance along the front lot line.

Fuel Storage Tank. See “aboveground combustible liquid tank(s).” Prohibited except where listed as a conditional and/or accessory use.

“Garage” means a building or portion thereof in which a motor vehicle containing flammable or combustible liquid or gas in its tank is or is intended to be stored, repaired, or kept.

“Gated community” means a residential community served by private streets with restricted access by means of a gate or any other means of access control.

“Glare” means stray, unshielded light striking the eye that may result in:

1. Nuisance or annoyance glare, such as light shining into a window;

2. Discomfort glare such as bright light causing squinting of the eyes;

3. Disabling glare such as bright light reducing the ability of the eyes to see into shadows; or

4. Reduction of visual performance.

“Hazardous sign” means a sign which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety, and welfare of any person or property.

“Health care facility” means hospitals, psychiatric hospitals, tuberculosis hospitals, skilled nursing facilities, intermediate care facilities, kidney disease treatment centers, including but not limited to freestanding hemodialysis and chemodialysis units, ambulatory surgical facilities, birthing centers, community health centers, health maintenance organizations (HMO), independent laboratories, migrant health centers, public health clinics, and freestanding emergency care centers.

“Height, fence or screen” means the vertical distance measured from the existing grade prior to construction to the top of the fence. For the purpose of applying height regulations, the average height of the fence along any unbroken run may be used, provided the height at any point is not more than 10 percent greater than that permitted by this title.

“Height of building” means the greatest vertical distance measured from the lowest point of record grade within any portion of the building footprint to the highest point of the roof surface thereof, exclusive of cupolas, chimneys up to 10 feet above the highest point of the roof surface, steeples, and spires, according to current building codes.

“Height of sign” means the vertical distance measured from the ground plane to the top of the sign, including the air space between the ground and the sign.

“Home occupation” means a business-related activity conducted entirely within a dwelling which is incidental and secondary to the use of a dwelling as a residence and does not negatively impact the surrounding neighborhood. Home occupations are defined for the purpose of this title as those activities that represent a departure from the daily routine associated with a residential use and could, therefore, impact the neighborhood.

“Hotel” means a building which is used for short-term occupancy, offering sleeping accommodations to the public on a nightly basis and access to all sleeping rooms through a main entrance, and which may provide food, entertainment, or various personal services.

“Hybrid production facility” means a use in a building wherein finished consumer goods are manufactured or produced and those same goods are offered for sale to the general public. Hybrid production facilities must be similar in size, scale and scope of operation to adjacent or nearby uses.

“Improvements” means street pavements, paths, bikeways, sedimentation control facilities, revegetation, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street signs, lights, irrigation canals, landscaping, lot corner monuments, and other such items as may be required for compliance with the regulations of the title.

“Indirect illumination” means a source of light separate from the sign itself.

“Individual retail trade” means any retail business or businesses allowed in the applicable zoning district.

“Industry, heavy” means any manufacturing, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic which may have a detrimental effect on neighboring property.

“Industry, light” means warehousing, wholesaling, manufacturing, and/or processing of goods and materials which do not emit offensive odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself.

“Inflatable signs or displays” means any inflatable object used for promotional or sign purposes.

“Infrastructure” means the facilities, properties, supports, and utilities which provide services.

“Kennel” means an enclosure for the commercial or private boarding or breeding of more than three dogs.

“Kitchen” means a room or area for storage, preparation, and cooking of food.

“Light manufacturing” means the warehousing, manufacturing, and/or processing of goods and materials which do not emit odor, dust, smoke, glare, gas, light, noise, or vibration which cannot be confined to the site itself. Wholesaling is permitted as a light industrial use only if the items are manufactured on site and are not for sale as retail merchandise to the general public.

“Light pollution” means any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, up-lighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.

“Light trespass” means light falling on the property of another or the public right-of-way when it is not required to do so.

“Liquefied petroleum gas (LP gas)” means a material which is composed predominantly of the following hydrocarbons or mixtures of them: propane, propylene, butane (normal butane or isobutene) and butylenes.

“Loading space, off-street” means space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required parking spaces are filled.

“Lot” means a plot, parcel, or tract of land with fixed boundaries 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 an approved private street, and may consist of:

1. A single lot of record.

2. A combination of complete lots of record, or portions of lots of record.

“Lot, corner” means a lot located at the intersection of two or more streets.

1. “Lot, normal corner” means a corner lot where the streets border the outside, or convex, lot lines.

2. “Lot, reverse corner” means a corner lot where the streets border the inside, or concave, lot lines (cul-de-sac).

“Lot coverage” means the percent of the total lot occupied by the principal building.

“Lot line adjustment” means a change or modification of easement lines or boundary lines between existing lots, parcels of land, or properties which does not reduce the area, frontage, width, depth, or building setback lines of each lot, parcel of land, or property below the minimum zoning requirements and which does not create additional lots or new streets.

“Lot line, front” means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered the front lot line and the main or front entrance to the primary building on the lot shall face such lot line. For buildings located on a corner with more than one business within the building, the lot front is the side where the business’s street address is listed.

“Lot line, rear” means the lot line opposite the front lot line.

“Lot line, side” means any lot line other than the front or rear lot lines.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county recorder or a lot described by metes and bounds, the description of which has been so recorded.

“Lot split” means a one-time division of an original parcel into not more than two lots. Such a split shall not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements and shall not create any new streets. If an original parcel has already been divided, subsequent divisions must be processed by the subdivision regulations.

“Lot width” means the distance, parallel to the front lot line, measured between side lot lines half-way between the front and rear property lines.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Chapter 18.80 DCC, Flood Hazard Overlay District (FH).

“Lumber mill” means the site, equipment, and buildings necessary to saw, plane, or mill tree logs into poles, building logs, lumber, dimensional lumber, or similar products.

“Major addition” means any extension, having a floor area of 200 square feet or greater, to an existing building. Extensions to dwellings which do not increase the total number of dwelling units shall not be considered as major additions.

“Manufactured home” means a structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or is 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except, that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC Section 5401 et seq.

“Manufactured/mobile home park” means any site or tract of land which has been approved in accordance with the city ordinances for two or more manufactured homes (including mobile homes upgraded per Donnelly City Ord. No. 159 to the HUD safety standard), installed for dwelling units, including any roadway, building, structure, vehicle, recreational facility or enclosure used or intended for use as a part of the facilities of such park.

“Marquee sign” means any sign attached to or made part of any permanent roof-like structure projecting beyond a building, generally designed and constructed to provide protection from the weather.

“Master plan” means a comprehensive plan, prepared by the city, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the city and any amendment to such plan or part of such plan separately adopted and any amendment to such plan or part thereof. In the absence of any formally adopted plan, the general policy of the city on the matter in question will govern.

“Mean high water mark” means the mark on all watercourses where the presence and action of water is common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, and destroy its value for agricultural purposes. In areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.

“Mixed-use development” means the development of land which includes two or more land uses such as residential, commercial, office and/or light industrial, encouraging flexibility and creativity in the development of property in order to improve the combination of land uses and assure that they are properly integrated.

“Mobile home” means a housing unit of one or more sections constructed in a factory prior to June 15, 1976. To be eligible for installation in the city, mobile homes must have been upgraded per the “HUD Safety Standards”/Chapter 25 of Title 44 of the Idaho Code, Mobile Home Rehabilitation.

“Mobile sign” means a sign mounted on wheels.

“Motel” means a building or group of buildings which are used for short-term occupancy, offering sleeping accommodations to the public on a nightly basis, which may provide food and entertainment totally within the primary building of the motel.

“Multiple-family dwelling” means a building or property containing two or more dwelling units. For the purposes of this title the term “multiple-family dwelling” includes duplex, apartment, townhouse, condominium, and detached accessory dwelling unit.

“Municipal use” means use for a public purpose by a governing agency.

“Neon sign” means any sign or portion of a building illuminated or outlined by tubes using electrically stimulated neon or other gas.

“Nonconforming sign” means any advertising structure or sign which was lawfully erected and maintained prior to the effective date of the ordinance codified in this title, and which fails to comply with any applicable regulations and restrictions herein.

“Nonconforming use” means an existing nonconforming use at the time of adoption of this title or a legal building, structure, or use of land which:

1. Exists, or for which a valid building permit exists, at the effective date of the ordinance codified in this title, and which violates any of the provisions of this title; or

2. Exists, or for which a valid building permit exists, at the effective date of any amendment to the ordinance codified in this title, and which violates any of the provisions of such amendment.

“Occupancy” means the purpose for which a parcel of land, building, structure, or part thereof is used or intended to be used.

“Off-premises sign” means any sign not located on the property associated with the business advertised. It does not include real estate or political campaign signs.

“Open space” means a portion of real property devoid of buildings and other physical improvement, except where accessory to the provision of passive or active recreation, or fish and wildlife habitat improvements, or any natural break which serves one of the following functions:

1. Provides relief from monotonous building arrangements.

2. Conserves or preserves natural, historic and other amenities with social or cultural value.

3. Maintains the natural water table level or preserves wetlands.

4. Roads, parking areas, and unusable strips of land shall not be considered in open space calculations. Open space must be an amenity to the planned unit development. Amenities may include, but are not limited to: parks, play yards, playgrounds, beaches, waterways, ski hills, tennis courts, swimming pools, natural vegetation, gardens, wooded areas, developed recreation areas, ponds over one acre in size, etc.

“Original parcel or lot” means any lot or parcel, held in single ownership, which was created prior to January 1, 1985.

“Outpatient animal services” means the examination, care, treatment and grooming of domestic animals, excluding livestock, within an outpatient facility, but does not include a kennel.

“Owner” means the individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient ownership or contractual interest in the land to commence and maintain proceedings under this title, or their agent.

“Parcel” means any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.

“Parking space” means space used for the temporary, transient storage of private passenger vehicles used for personal transportation. Parking shall not include storage for any other purpose other than specified above.

“Pathway” means any sidewalk, route, lane, path, corridor, open space, or trail designated to move people by nonmotorized means for transportation or recreation. “Nonmotorized” does not include snowmobiles, unless otherwise prohibited.

“Pennant” means any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

“Permit” means an official document or certificate authorizing performance of a specified activity.

“Permitted use” means any use as defined by this title which is not subject to review by the commission nor which requires a public hearing.

“Personal service” means any enterprise conducted for pecuniary gain which primarily offers services to the general public such as but not limited to shoe repair, watch repair, barber shops, beauty parlors, fitness and wellness facilities, and similar activities.

“Personal wireless service facility (PWSF)” means a facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter, and a mount.

“Personal wireless services” means any personal wireless service defined in the Federal Communications Act which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services. They include, without limitation, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and paging as well as unlicensed wire services and common carrier wireless exchange access services.

“Planned unit development” means a project controlled by one owner, partnership, or corporation, and characterized by a unified site design, involving varying the normal zoning requirements and restrictions so that the maximum long-range benefit can be gained and the unique features of the site preserved and enhanced.

“Planning and zoning commission” means the city of Donnelly planning and zoning commission.

“Plat” means a plan of certain described land prepared in accordance with subdivision or other regulations as an instrument for recording real estate interests with the county recorder.

“Portable sign” means any sign not permanently attached to the ground or to a building, and designed to be easily relocated; e.g., “sandwich board” signs.

“Principal building” means the building in which is conducted the primary use on the property.

“Print” means any copy of an original, which reproduces exactly the original drawing from which it is made.

“Private driveway” means a prescribed vehicular access serving a single private property or residence from either a private or public road.

“Private road” means any access road located on private property or a road so designated on the subdivision plat by a road declaration that is maintained by a property owners’ association or corporation in accordance with the specification of the subdivision ordinance.

“Professional office” means an office for the conduct of the following types of uses: accountant, architect, attorney, chiropractor, optometrist, engineer, surveyor, drafting service, designer, dentist, physician, surgeon, and other similar uses.

“Projecting sign” means any sign affixed to a building or wall in such a manner that its leading edge extends more than nine inches beyond the surface of a building or wall.

“Public road” means any access road located within a right-of-way dedicated to the public use, constructed to county standards, and approved and accepted by the county commissioners (or city council) in accordance with the subdivision ordinance, or any access road used by the general public for road purposes and maintained at public expense for a period of five years or more.

“Public service facility” means a public facility established for the protection and welfare of the surrounding neighborhood including but not limited to a police station, fire station, or ambulance center.

“Public use” means a use for a public purpose by a city, school district, county, state, or any other public agency or a public utility.

“Public utility facility” means a structure or facility including poles or towers used by a public utility. Such poles or towers may not exceed 48 feet in height, except where otherwise provided in a franchise agreement. Public utilities include, but are not limited to, gas, electric, or telephone companies. Facilities for wireless communications are not included, and are specifically regulated by Chapter 18.105 DCC.

“PUD agreement” means a development agreement as regulated within DCC 18.140.100 and Chapter 18.170 DCC.

“Record grade” means the natural grade existing prior to any site preparation, grading, or filling, unless a new record grade is approved at the time of subdivision approval and noted on the filed final plat.

“Recreation business” means recreation or athletic activities or facilities open to the general public where fees are charged or duties are required for the use of the facility.

“Recreational vehicle park” means a parcel of land which has been planned and improved or which is let, rented, or used for the placement of two or more transient recreational vehicles for dwelling purposes. This does not include the recreational use of the parcel by friends and family of the property owner/lessee on a temporary basis.

Reimbursement Fees. See definition of “fees, reimbursement.”

“Research and development” means specialized nonpolluting activities with emphasis on investigation, experimentation, testing, engineering, inventing, and conceptually designing prototypes and new technologies or associated light manufacturing. These technologies may include electronics, computer and data systems, medical and precision instruments, machine components, communication systems and equipment, and other technological instruments, equipment, and systems.

“Residential business” means a business owned and operated by the occupant of a residence, located on the same lot or parcel as the residence, which retains the residential character. Restrictions will be applied to ensure the residential character is retained. Restrictions may include:

1. Limit on the number of employees working on the premises;

2. Limit on working hours;

3. Operational requirements to lessen impacts on nearby properties, such as requiring doors and windows to be closed to lessen noise;

4. Limit on heavy truck traffic;

5. Limit on traffic volume;

6. Limit on the total square feet or on the percentage of the total property that can be devoted to business use;

7. Limit or prohibition of outdoor storage or display; and

8. Limit on size or bulk of buildings.

“Residential development” means a platted subdivision with more than one lot.

“Restrictive covenants” means a private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded.

Retailer. Unless otherwise specifically defined, this term shall be understood to relate to the sale of goods, merchandise, articles, or things in small quantities direct to consumer.

“Right-of-way” means a strip of land dedicated or reserved for use as a public street, private street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, trails, pathways, or for another special use.

“Riparian setback” means the distance measured at right angles from the mean high water mark of a waterway, between the mean high water mark and an imaginary line parallel to the mean high water mark, defining an area between such lines within which no building or other applicable structure may be placed, and whereby any existing vegetation shall remain undisturbed.

“Roadway” means that portion of a public street improved, designed or ordinarily used for vehicular traffic, exclusive of a sidewalk, berm or shoulder even though such a sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles.

“Roof sign” means any sign erected in a manner so that it projects either partially or wholly over any roof or is mounted to any roof.

“Runway” means any existing or planned surface of an airport which is specifically designed and used or planned to be used for the landing and/or taking off of an aircraft.

“School” shall include kindergarten, elementary, junior high, and high school, or any other public education facilities.

“Semi-public use” means public and/or private colleges, hospitals, safe houses, learning centers, and other facilities of an educational, charitable, philanthropic, or nonprofit nature.

“Service station” means a personal service establishment involving the dispensing of gasoline and/or automobile repair.

“Setback” means the required distance between every structure and all lot lines on the lot on which structures are located, the required clear distance between structures, or the required distance between structures and features such as water bodies. Setbacks are measured from the eaves or furthest protuberance.

“Shall” means mandatory.

“Short-term occupancy” means the rental of any unit or structure or portion thereof for a period of not more than 30 days.

“Short-term rental” or “vacation rental” means any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner-occupied residential home that is offered for a fee and for less than 30 days. “Short-term rental” or “vacation rental” does not include a unit that is used for any retail, restaurant, banquet space, event center, hotel/motel type lodging, or another similar use.

“Short-term rental marketplace” means a person that provides a platform through which a lodging operator, or the authorized agent of the lodging operator, offers a short-term rental or vacation rental to a prospective lessee.

“Sidewalk” means a hard surfaced pathway for nonmotorized vehicles, normally designated for pedestrians, which is within the public right-of-way and is usually separate from motorized vehicle travel lanes. Sidewalks shall be constructed in accordance with the city of Donnelly master transportation plan.

“Sign” means every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of “sign” shall also include the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of others.

“Sign creating traffic hazard” means a sign at or near any public street, or at the intersection of any public streets, situated in such a manner as to create a traffic hazard by obstructing vision. Additionally, any sign at any location which would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

Signs on Vacant Property. No sign over four square feet per face, except freestanding signs advertising the property “for sale” or “for lease” on properties or subdivisions of greater than five acres in the aggregate, shall be erected or maintained on a property on which either no structure is erected or on which the primary structure is vacant. This provision shall not include those properties for which a valid building permit exists.

“Single-family dwelling” means a detached building, including attached or detached carports and automobile garages, containing living facilities including provisions for sleeping, eating, cooking and sanitation for not more than one family.

“Site plan” means an engineering or architectural drawing of existing and planned conditions to facilitate review and approval of an application before the commission and to guide construction of improvements.

“Sky-glow” means the overhead glow from light emitted sideways and upwards. Sky-glow is caused by the reflection and scattering of light by dust, water vapor, and other particles suspended in the atmosphere. Sky-glow reduces one’s ability to view the night sky.

“Slope” refers to an incline from the horizontal plane which may be expressed as “percent slope,” “slope ratio” or “gradient.” A 15 percent slope is equal to a 15-foot rise within a 100-foot horizontal distance.

“Solar access” means an exposure to sunlight and solar radiation upon land or a building.

“Solar energy system” means any device, structure, or mechanism which uses solar radiation as an energy source for heating, cooling, or electrical energy.

1. Active. An indirect thermal system in which solar heat is collected and stored in devices separated from the building space to be conditioned using conventional energy systems (fans, pumps, etc.).

2. Passive. The collection and storage of solar radiation for heating or cooling by nonmechanical means: A system that employs aspects of both active and passive designs.

“Specialized mobile radio (SMR)” means a form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. Used primarily for data, delivery vans, truckers, or taxis within a small, definable geographic area.

“Staff” means personnel employed or contracted by the city of Donnelly to administer this title.

“Storage” means the safekeeping of personal property in any structure.

“Stream alteration” means to obstruct, diminish, destroy, alter, modify, relocate, or change the existing shape of the natural channel within or below the mean high water mark. It includes removal of material or structures in the stream channel.

“Street” means a way for public vehicular traffic, whether designated as a street, avenue, boulevard, highway, thoroughfare, parkway, road, lane, place or alley or however otherwise designated, which affords the principal means of access to abutting property.

“Street, arterial or major” means a fast or heavy traffic street of considerable continuity and used primarily as a traffic artery.

“Street, collector or secondary” means a street which carries traffic from local or minor streets and which serves for the circulation of traffic in residential areas or developments.

“Street, cul-de-sac or dead-end” means a street with only one outlet.

“Street, local or minor” means a street used primarily for access to the abutting properties.

“Street, private” means a street which provides vehicular and pedestrian access to more than five dwelling units, or within a nonresidential development, but is not accepted for a dedication or maintenance by the city.

“Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. For the purposes of Chapter 18.80 DCC, Flood Hazard Overlay District (FH), the definition shall include gas or liquid storage tanks that are located principally above ground.

“Structure, principal” means the main building containing the permitted use on the property. For example, within any residential district, the principal structure is that which contains the dwelling unit. All other structures are considered to be accessory.

“Subdivider or developer” means any individual, firm, association, syndicate, corporation, trust of other legal entity commencing proceeding under this title to effect a subdivision of land hereunder for himself or for another.

“Subdivision” means any division of land or real property into two or more parts, or a modification of boundaries of a parcel of land that includes a new street.

“Surveyor” means a professional land surveyor registered in the state of Idaho.

“Tank” means a vessel containing more than 60 gallons (227 L).

“Telecommunication facilities” means all wires, cables, equipment, apparatus or other installations necessary to furnish service, by which there is accomplished, or may be accomplished, the sending or receiving of information, data, message writing signs, signals, pictures, and sounds of all kinds, by aid of such wires, cables, equipment, apparatus or other installations, but shall not include the habitable structure in which such telecommunications facilities are housed.

“Temporary sign” means a sign which is intended for use during a specified, limited time, and removed from display following that specified time.

“Temporary structure” means any building, modular unit, or other structure that is intended for any use for a period of not more than one year, excluding construction trailers or other structures erected solely in conjunction with a construction project.

“Temporary use” means any use not more than 30 days in duration and related to a specific project or occasion.

“Townhouse” means a dwelling unit in a multiple-family dwelling which is owned together with the ground under the unit.

“Townhouse development” means a planned residential project of two or more townhouse units, which may be constructed as single building(s) containing two or more townhouse units. Each unit within the development shall be separated from the adjoining unit or units by fire walls as required by the current building code in effect at the time of construction. Each unit shall have its own access to the outside, and no unit located over another unit in part or in whole. All townhouse developments shall be platted under the procedures contained herein.

“Townhouse sub-lot” means the lot resulting from platting a residential townhouse development; townhouse sub-lots shall have a minimum area equal to that of the perimeter of each individual townhouse unit and an additional area three feet in width to any access opening, measured at the foundation. Any detached accessory structures shall be contained within the perimeter of the townhouse sub-lot except as otherwise permitted herein.

“Tract” means any unsubdivided land recorded as the property of one individual, or more than one individual, if considered as one interest, but not otherwise defined as a lot.

“Trellis” means a light construction of lattice work no more than eight feet in height. Said lattice work shall be of open design.

“Undue hardship” means special conditions as a result of the geographic characteristics of the site depriving the applicant of rights commonly enjoyed by other property owners under the same terms of this title, but not merely a matter of convenience or profit.

“Usable open space” means an area not encumbered with any roadway, parking area, or substantial structure maintained for either informal or structured recreational uses.

“Use” means the purpose for which land or a building thereon is designed, arranged, intended, or for which it is or may be occupied or maintained.

“Utilities” means all water supply, drainage, sewer, gas, electrical, telephone, telegraph, television and other communications lines and related features.

“Variance” means a modification of the requirements of the zoning regulations as to lot area, lot coverage, width, depth, front yard, side yard, rear yard setback, parking space, or other regulation affecting the size or shape of a structure or the placement of structures upon lots, or the size of the lots and signs. A variance shall not include a modification of allowed uses.

“Vehicle” means any motorized device designed for the purpose of carrying or conveying persons or materials. For the purpose of this title those devices directly powered by human action, such as a bicycle, shall not be considered vehicles.

“Vehicle signs” means signs mounted on the roof or antenna of automobiles, with the exception of student driver and auto transportation services, or those painted on vehicles parked and visible from the public right-of-way, unless said vehicle is licensed, registered and used as a vehicle in the normal day-to-day operations of the business.

“Wall sign” means any sign attached parallel to, but within nine inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

“Wetlands” means those areas that are within the definition of wetlands as defined by the Environmental Protection Agency and within the jurisdiction of the Corps of Engineers.

Wholesaler and Wholesale Dealer. Unless otherwise specifically defined, such terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

“Wind sign” means any pennant, propeller, or similar device which is designed to flutter, rotate, whirl, or display other movement under the influence of the wind.

“Wind turbine, commercial” means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height exceeds 150 feet or the nameplate capacity exceeds 100 kilowatts. Such wind turbine includes the turbine, blade, tower, base, and pad transformer, if any.

“Wind turbine, hobbyist” means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is less than 50 feet and a prop diameter of 12 feet or less.

“Wind turbine, personal” means a wind energy conversion system which converts wind energy into electricity through the use of a wind driven turbine generator when the total height is between 50 feet and 150 feet and the nameplate is less than 100 kilowatts.

“Window sign” means any sign installed upon or within three feet of a window for the purpose of viewing from outside the premises. This term does not include merchandise displayed.

“Wireless communication facility (WCF)” means those facilities that are nonpersonal wireless service facilities (PWSFs), by definition of the Telecommunications Act of 1996, but that are also subject to Chapter 18.105 DCC due to their height above ground level. Any antenna, including mount and/or equipment support structure over 35 feet above ground level, that is not a PWSF shall be considered a WCF and regulated by this chapter.

“Wood processing plant” means the site, equipment, and buildings necessary to convert wood into chips, or fibers into byproducts such as paper, plywood, and particleboard, or to extract byproducts from wood fibers.

“Yard” means that portion of the open area on a lot existing open and unobstructed from the ground upward from a given lot line for a depth or width specified by the setback regulations for the district in which the lot is located. [Ord. 263 § 1, 2023; Ord. 252 § 1, 2020; Ord. 230, 2016.]