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HomeMy WebLinkAbout02.00 Definitions City of Rexburg Development Code: DEFINITIONS CHAPTER 2: DEFINITIONS For the purpose of this Ordinance, the following words or phrases shall have the meaning respectively ascribed to them herein. Abandonment: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short- term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving a facility, or during periods of vacation or seasonal closure. Such interruptions shall not exceed twelve (12) months in duration unless otherwise provided for in this Ordinance. Accessory Structure: A non-occupied, subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and ornamental to that of the principal structure. Accessory Use: A use incidental to, and on the same parcel as, a principal use. Access Way: An unobstructed way of specified width containing a drive or roadway which provides vehicular access. Agriculture: For land designated as agriculture use, agriculture shall be the primary use of the parcel. To determine primary use, the use of land parcel shall be clearly for tilling of soil, horticulture, floriculture, forestry, viticulture, raising crops, raising livestock, farming, dairying, and animal husbandry, including uses customarily accessory and incidental thereto, but excluding slaughter houses and commercial feed lots. Land shall not be defined as exclusively agricultural in use when determined to be a land development program where subdivision of land is evident for suburban residential development lifestyle and purposes. Alternative tower structure: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design, mounting structures that camouflage or conceal the presence of antennas or towers. Amusement Arcades: A building or part of a building in which five (5) or more pinball machines, video games, or other similar player-oriented amusement devices are maintained. Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Appeal: Appeal means a request for review of the Zoning Administrator’s interpretation of any provision of this Ordinance or a request for a variance. Area Light: Light that produces over one-thousand, eight hundred (1,800) lumens and is designed to light an exterior space. Articulate: To give emphasis to or distinctly identify a particular element. An articulated façade would be the emphasis of elements on the face of a wall including a change in setback, materials, roof pitch, or height. Automobile Wrecking Yards: (See junkyard.) Awning: A projecting cover extending over a door, window or wall section with supports attached to the building and used as cover, protection, or as decoration. In mobile homes, this consists of a roof with supports and not more than one wall or storage cabinet substituting for a wall. Backhaul network: The lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Banner: Any non-rigid material Basement: Any area of the building having its floor sub grade below ground level on all sides, including a crawlspace. Page 29 of 362 City of Rexburg Development Code: DEFINITIONS Bed and Breakfast Inn: A structure containing guest room(s) where lodging, with or without meals, is provided on a daily rate basis, and a manager maintains a residential presence on site or on an adjacent lot. (See 3.02.160.) Billboard: Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products or services sold or offered for sale on premise other than on the premises where such sign is displayed. Blanketing: The partial or complete shutting off of the face of one sign by another sign. Block: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right-of-way, waterway, or other similar barrier, whichever is lesser. Board: The Madison Board of County Commissioners hereinafter referred to as the Board. Boarding House: A building that is the primary residence of the owner (or an agent that resides in the home instead of owner) in which rooms are provided on a daily, weekly, or monthly basis for compensation, by the owner or agent, to persons not related by blood, marriage, or adoption to the owner. (See 3.02.160.) a. The owner or agent must be present or on-site while property is being used as a rental. An agent must be living on the premise for at least thirty (30) days prior to rental contracts and visits. Breezeway: A structure for the principal purpose of connecting a main building or structure on a property with other buildings. Buffer Area: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Building: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. Building Code: The various codes of the City which regulate construction and require building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by Title 15 of the City Code pertaining to building and building regulation. These include the latest adopted version of the International Building Code, the International Residential Code, the International Mechanical Code, the International Energy Conservation Code, the Idaho State Plumbing Code and the National Electrical Code. Building, Detached: A building surrounded by open space on the same lot with permanent foundation. Building Face, Front: Any building face, which can be touched by a line drawn perpendicular to a street (public or private) Building Face, Public: Any building side which is visible from public or private right-of-ways and/or the faces that contain the public entry. Building Line: The line, parallel to the street that passes through the point of the principal building nearest the front lot line. The building line measured from the drip line of the building. Building, Nonconforming: Any building which does not conform to the requirements of The Development Code. Cabana: A stationary, lightweight structure which may be prefabricated or demountable, with two or more walls, used adjacently to and in conjunction with a manufactured/mobile home. Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be located, including cabins, tents, and major recreational vehicles or equipment, and which is used primarily for recreational purposes and retains an open air or natural character. Page 30 of 362 City of Rexburg Development Code: DEFINITIONS Carport: A stationary structure consisting of a roof with its supports and not more than one wall used for sheltering a motor vehicle. Car Wash: An area of land and/or a structure with a machine or hand-operated facility used principally for the cleaning, washing, polishing, or waxing of motor vehicles. Child Care Facility: (See Daycare Centers.) City: City of Rexburg City Clerk: The Clerk of the City City Engineer: An Idaho registered, professional engineer designated by the City to represent the City’s engineering interests. City Engineering Standards: Refers to the most recent City of Rexburg Engineering Standards adopted by resolution of the City Council. City Engineering Standards may include standard drawings, standard specifications, supplemental conditions, and any additions, amendments, or addenda established by the City Engineer. www.Rexburg.org -> Community Development -> Building and Safety -> Public Works -> Engineering Standards City Impact Area: That unincorporated area contiguous to the Rexburg City Limits officially adopted as the “Area of City Impact.” City Staff: When the term Staff or City Staff are used in this document the persons identified as such shall be the Zoning Administrator, the Public Works Director, the City Engineer, the Economic Development Director, the GIS Director and the City Attorney. Commission: The Rexburg City Planning and Zoning Commission hereinafter referred to as Commission. Common Area: That area which is held in common ownership by owners of land within the platted area. Comprehensive Plan: The Comprehensive Plan for the City of Rexburg, or parts thereof, projecting future growth and development and for the general location and coordination of streets and highways, schools and recreation areas, public building sites and other facilities, which shall have been duly adopted. This plan shall comply with the Idaho Code as adopted or amended. Conditional Approval: An affirmative action by the Commission indicating the approval is given subject to certain specified stipulations. Conditional Use Permit: A special use permit as provided for by Idaho Section 67-6512 in which a use that, owing to some special characteristics such as traffic or noise generation, parking needs, access, building size, lighting, consistency with developed uses in the area, or other characteristics of operation, is permitted in certain districts subject to approval by the Planning and Zoning Commission or the City Council, subject to terms and conditions, depending upon the particular use. Condominium: An estate consisting of an individual interest in real property, associated with an undivided interest, held in common with others, in a Common Area of real property. Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross square floor area of less than five-thousand (5,000) square feet. Copy: Any combination of letters or numbers that are intended to inform, direct or otherwise transmit information. Council: The Rexburg City Council hereinafter referred to as the Council. County Commission: The Madison County Board of Commissioners hereinafter referred to as the Board. Page 31 of 362 City of Rexburg Development Code: DEFINITIONS County Engineer: An Idaho Registered Professional Engineer or consulting Engineering firm designated by the County Commission to represent the County’s engineering interests. Daycare Centers A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week for seven (7) or more children. (See Section 4.00.040 Home Occupations.) Dedication: The setting apart of land or interest in land for use by the public. Land becomes dedicated when accepted as a public dedication either by ordinance, resolution, or entry in the official minutes of the City or by the recording of a plat showing such dedication. Density: The number of dwelling units peracre, excluding required public rights-of-way from acreage determination. DEQ: The State of Idaho Division of Environmental Quality Design Standards: Statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes positively to the overall development. Development: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term “development” does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. (I.C. 46-1021) Development Master Plan: A plan for the development of a large, unusual, or complicated land area, the platting of which is expected in progressive stages. The plan may be designed by a sub-divider, planner, or engineer and shall be subject to approval of the Commission. The plan does not fulfill the requirements of the preliminary platting process of the subdivision chapter of this Ordinance. Development Review Committee: Consists of the Zoning Administrator, City Engineer and Fire Inspector or their designees. Dormitory: A building used as group living quarters. Such group living quarters are generally associated with a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use. Dormitory housing must be sprinkled as per the building code. For determining density, the total number of . residents will be divided by six (6) for each dwelling unit counted Down-lighting: Fully shielded light that is directed in such a manner as to shine light rays only below the horizontal plane. Drainage Plan: A drainage plan is required for all new construction. The plan shall be part of the required site plan and should identify drainage paths (with heights), perforated drain pipes around footings (as required), retaining and detaining basins (if used), slope away from foundations, injection wells (if used), gutters and catch basins (if used), pipe size and location (as applicable), and other drainage details as needed. For all but single family home projects (including duplexes and twin homes) storm water run-off calculations are required as per the City Engineer. Driveway: A driveway is a vehicular ingress and egress route that serves no more than five (5) single-family dwellings, not including accessory structures. Duplex: A residential structure separated into two (2) independent living units with a common owner and a shared yard. Dwelling: A building or portion thereof that provides living facilities for one or more families. Page 32 of 362 City of Rexburg Development Code: DEFINITIONS Dwelling, Multi-family: A detached residential building containing three or more dwelling units, including what is commonly known as an apartment building or condominiums. Dwelling, Single-family: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Dwellings, Single-family Attached: Two (2) or more dwelling units which may share a common wall. These structures are also considered to be townhouses. Easement: A grant by the owner of a parcel of land for use by the public, corporations, or persons for a specified use purpose. These “easements” are designated on a plat. Elderly Housing: A building or group of buildings occupied by persons 55 years or older or couples where either of the partners are 55 years or older. This does not include housing in which the elderly may occupy the units seasonally or convalescent or nursing facilities. Engineer: Any person who is registered and certified in the State of Idaho to engage in the practice of professional engineering. Engineering Plans: Plans, profiles, cross-sections, and other required details for the construction of improvements, prepared by an Idaho registered professional engineer in accordance with the approved preliminary plat and in compliance with existing standards of design and construction. Exception, Land: Any parcel of land which is within the boundaries of the subdivision which is not a part of the subdivision. FAA: Federal Aviation Administration. Facade: Portions of a building that are visible from private or public roads and walkways but not including alleys. Family: A group of one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the following situations exist: a. At least one of the group is related to all of the other members of the group within the third degree of kinship; b. The group is divisible into two subgroups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or c. All such persons are handicapped persons as defined by the Idaho Code Section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988, or any subsequent amendments to the foregoing regulations. FCC: Federal Communications Commission. Feedlot: Any area where one-thousand (1,000) head or more of livestock are confined for a period of one (1) year or more. Fenestration: The arrangement of windows in a building to provide interior light; also used as decorative elements in a facade. Fence: Any tangible barrier, lattice work, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of preventing passage or view across the fence line. Any fence, walk screen hedge or other material serving as a fence, shall not create a sight distance hazard to vehicular or pedestrian traffic as determined by the Rexburg City Engineer. Final Plat Approval: Approval of the requested action as evidenced by appropriate certifications on the plat; such approval constitutes authorization to record a plat. Fire Station: A building or portion of a building that provides, at a minimum, all weather protection for fire Page 33 of 362 City of Rexburg Development Code: DEFINITIONS apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32°) degrees Fahrenheit. Flood Light: A lamp that produces up to one thousand, eight hundred (1,800) lumens and is designed to flood a well-defined area with light. Flood Plain: Those areas designated as Zone A or AE as shown on the current Flood Insurance Rate Map (FIRM) as prepared by National Flood Insurance Program. a. Area of Shallow Flooding: The base flood depths range from one to three (1-3) feet; where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO characterized as sheet flow and AG indicates pounding on the FIRM map. b. Area of Special Flood Hazard, Base Flood or 100-Year Flood:The land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. Designation on maps always includes the letter A. d. Base Flood Elevation: (BFE)" the computed elevation to which flood water is anticipated to rise during the “Base Flood.” The Base Flood Elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot. e. Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. f. Flood: The temporary inundation of land by overflow from a river, stream, lake, or other body of standing water. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff or surface waters from any source. g. Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. h. Flood Insurance Study: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. i. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1’) foot at any point. j. Floodway fringe: The part of the flood plain which is beyond the flood way encroachment lines limiting a designated flood way. Such areas will include those portions of the flood plain which will be inundated but which may be developed for use under land use regulations without material effect upon the flood water carrying capacity of the flood way and the flood water levels. Such areas are characterized by shallow flood depths and low velocities of water flow. k. Flood Protection Elevation (FPE): As defined in Idaho Code §46-1021 (7), an elevation that shall correspond to the elevation of the one percent (1%) percent chance annual flood BFE, plus any increased flood elevation due to floodway encroachment, plus any required freeboard. The flood protection elevation for Rexburg, Idaho is equal to BFE plus one foot (1’) foot of freeboard; the freeboard accounts for any flood elevation increases due to floodway encroachment as shown in the community’s Flood Insurance Study. Floor Area, Gross: The sum of the areas of all floors of a building, including any area used for human occupancy in the basements and attics, as measured from the exterior faces of the walls. Floor, Lowest: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable 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 Page 34 of 362 City of Rexburg Development Code: DEFINITIONS violation of the applicable non-elevation design requirements of this Ordinance. Foot-candle (fc): The American unit used to measure the total amount of light cast on a surface. For example, a full moon produces 0.01 foot-candles. Foot-candles are measured with a light meter. Footprint: The area covered by the enclosed area of the structure if perpendicular planes were extended from all portions of the structure to the ground. Frontage: The length of any one property line of a premise, which property line abuts a legally accessible street right-of-way including streets and alleys. To constitute frontage, the street or alley must provide access to abutting properties. For purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered front yards and yards shall be provided as indicated under “yards” in this definition section. Fully shielded: The luminaire and its mounting, taken as a whole, allowing no direct light above the horizontal. Grade: For purposes of defining building height, grade shall be defined as a referenced plain representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6’) feet from the building, between the building and a point six (6’) feet from the building. For purposes of defining “sign height”, grade shall be defined as the average elevation of the parcel on which the sign is located. Grandfathered Use: Any use of a building, structure or land which does not conform to the zoning regulations where it is located, but is determined to have existed legally at the point in time that it came into existence. This usually occurs when such a use conformed to zoning regulations when it was established, but became non-conforming due to a zoning change or annexation. This term does not apply to basic health and safety criteria which a structure may need to meet to be current with existing occupancy standards. a. A grandfathered use will cease and cannot be re-established after the use has been discontinued for a continuous period of one (1) year or in the event that the owner intended to abandon the non-conforming use, even if the elapsed time is less than stated above. b. A grandfathered right also may be lost by a significant upgrade or change in use of a facility. c. If you lose a grandfather right it cannot be re-established under the City of Rexburg Development Code. In such a case, the property may only be used for the purposes specified in the Development Code. The non- conforming use must either discontinue or be moved to a property which has the correct zone. Group Home for the Handicapped: A dwelling shared by eight (8) or less handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment. (See Idaho Code 65-6731.) Health Department: Refers to District 7 Health Department, which is a State Agency, administered at the County level responsible for certain reviews and approvals. Health/Recreation Facility: An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop. Height (Building): The average vertical distance from the grade to the top of the horizontal building walls, and does not include gables or dormers. Dormers and gables are encouraged in order to create more architectural interest to a building. Height (of Light): The height of a light shall be measured from grade to the lamp center or flat-lens surface, whichever is lower. Height (Sign): The distance measured vertically from the finished elevation of the ground where the sign is placed to the highest point of the sign or sign structure, whichever is higher. Page 35 of 362 City of Rexburg Development Code: DEFINITIONS Height (Tower): When referring to a tower or like structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. Home Occupation: An accessory use of a dwelling unit or the accessory building for gainful employment which is clearly incidental and subordinate to the use of the dwelling unit as a residence. Hospital: An institution providing health service primarily for human, in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities. Hotel: A facility offering transient lodging accommodations on a daily rate to the general public. Additional services, such as restaurants, meeting rooms, and recreational facilities may be provided. Household Pet: Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish. Under no circumstance shall more than five (5) mammals, fowl, or reptiles be allowed at one time, except that direct offspring shall be allowed for up to three (3) months. Illuminance: The amount of light casting on any point of a surface measured in foot-candles or lux. Measurements are taken at ground level with sensor parallel to surface. Impervious Surface: A surface that has been compacted or covered with a layer of material, so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime, rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Industry, Light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Infill: Construction of a building on a piece of vacant ground that is substantially surrounded by improved properties. (See “vacant properties” definition.) Infill/Redevelopment Area: An area of the City that has been designated by the Rexburg City Council as a focus area for Infill and Redevelopment. Whenever possible, mixed-use projects, apartments, multi-family projects, dormitories and other higher-density-residential developments should be constructed on vacant lots and underutilized properties within this focus area. Secondary consideration should be given to infill and redevelopment within the city limits before the use of viable agriculture ground. Interchange Sign Boundary;One-thousand, five hundred (1500’) feet radius drawn from the center of the highway interchange. Irrigation Facilities: Includes canals, laterals, ditches, conduits, gates, wells, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water. Junk: Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, bed and bedding, rags, motor vehicles and parts thereof. Junkyard: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but not be limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile wrecking yard is also considered a junkyard. Kennel, Private: Any building, buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal user, kept for the purposes of show, hunting, or as pets. Page 36 of 362 City of Rexburg Development Code: DEFINITIONS Lamp: The generic term for an artificial light source, to be distinguished from the whole assembly. Commonly referred to as “bulb”. Landscaping: The area within the boundaries of a given lot/project that consists of planting materials, including but not limited to living trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. Large cobbles or river rock are not considered “decorative rock”. Landscaping must be maintained as in its original design and purpose. Large Scale Commercial Structures: Structures that are twenty-five-thousand (25,000) square feet in size and larger. This includes commercial retail and business office buildings. Laundry, Self-Service: A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises. Lighting, Holiday: Strings of individual lamps, where the lamps are at least three inches (3”) apart. Lighting Plan: Documents specific to a project or development that describe the location and characteristics of all exterior lighting and the light levels in and adjacent to the property. The complete lighting unit, including the lamp, the fixture, and other parts. This also can include a photometric layout. Lot: A piece or parcel of land separated from other pieces or parcels as shown on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate use. a. “Corner Lot” A lot with frontage on two (2) or more intersecting streets where the interior angle of intersection does not exceed one-hundred-thirty-five (135°) degrees. Corner lots have two front yards and two side yards but no rear yard. b. “Interior Lot” A lot having but one (1) frontage abutting on a street. c. “Double Frontage Lot” A lot abutting two (2) parallel or approximately parallel streets. Double Frontage lots have two (2) front yards and two (2) side yards. Lot Area: The total horizontal area within the lot lines of a lot. Lot Coverage: The area of a site covered by buildings or roofed areas and impervious surfaces. Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line. Lot, Flag: Lots or parcels that the City has approved with less frontage on a public street than is normally required, with no less than twenty (20’) feet of accessible frontage, generally intended to make deeper property accessible. Lot Line: The boundary line of a lot. Lot Line, Front: The property line separating the front of the lot from the public right-of-way. Lot Line, Rear: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. Lot Line, Side: Any lot line not a front or rear lot line. Lot of Record: A lot that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or Page 37 of 362 City of Rexburg Development Code: DEFINITIONS was recorded prior to the effective date of zoning in the area where the lot is located. Lot, Substandard: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally created lot on the effective date of this ordinance. Lot, Through: A lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. Lot Width: The horizontal distance between side lot lines measured at the required front setback line. The width of a lot shall be: a. If the side property lines are parallel, the shortest distance between these side lines. b. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. c. For rural acreage developments, the distance between the side lot lines, measured at the street frontage. Manufactured Home: A single-family unit fabricated in one or more sections at a location other than the home site by assembly line or similar production techniques or by other construction methods typical of off-site manufacturing process. The home is transportable in one (1) or more sections. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards (HUD), June 15,1976 (42 U.S.C. Sec. 5401). A manufactured home may be designed to be towed on its own chassis or be delivered to the site by other means. Manufactured Housing/Mobile Home Park or Community: A parcel of land under single ownership that has been planned and improved for the placement of manufactured homes. The land has been divided into one or more manufactured home lots for rent or sale. Mobile Home: A structure transportable in one (1) or more sections which is eight (8’) feet or more in width and is thirty-two (32’) feet or more in length and which is built on a permanent chassis and designed to be used as a year- round residential dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems. Mobile Home, Rehabilitated: A factory-assembled structure constructed prior to June 15, 1976, or brought into the state after July 1, 1998, which have been upgraded to comply with Title 44 Chapter 25 of the Idaho Statutes and received a “Certificate of Compliance” from the Division of Building Safety of the State of Idaho. Mobile Home Subdivision: A subdivision designed and intended for residential use where residence is in mobile homes exclusively. Motel: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for travelers and having automobile parking conveniently located on the premises. Neighborhood Plan: A plan to guide the platting of remaining vacant parcels in a new or partially-built-up neighborhood so as to make reasonable use of all land, correlate street patterns, and achieve the best possible land use relationships. New Construction: structures for which the "start of construction” commenced on or after the effective date of this ordinance. Nonconforming Building: Any building which does not meet the limitations of building size or location on a lot for the district in which the building is located and was built prior to the effective date of this ordinance. Nonconforming Lot: An existing lot, the area, width, size, or other characteristic of which, fails to meet the requirements of the district in which it is located and which was conforming prior to the effective date of this Page 38 of 362 City of Rexburg Development Code: DEFINITIONS ordinance. Nonconforming Use: A use not conforming to the provisions of this ordinance but which was lawfully existing at the time of adoption of this ordinance. Nursery Schools: A building or structure where care, protection, and supervision are provided on a regular schedule, at least three times a week for six (6) or fewer children. (See Section 4.00.040 Home Occupations.) Office: A building or portion of building wherein services are performed involving predominantly administrative, professional, or clerical operations. Open Space Land: Any developed or predominately undeveloped land which has been set aside for the following: a. Park and recreation purposes; b. Conservation of land and other natural resources; c. Historic or scenic purposes. d. Floodways or floodplains Outdoor storage: The keeping, in an unroofed area, of any goods, junk material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. Owner: The person or persons, corporation, or legal entity holding title by deed to land or holding title as vendees under land contract, or holding any other ownership interest. Parcel: A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons. Parking Space: A dedicated or delineated area other than a street or alley that is permanently set aside, reserved, and maintained in accordance with the Rexburg City Development Code for the parking of one motor vehicle. (See Section 3.4 Parking Regulation.) Pedestrian Emphasis District (PED): A district overlay created near the BYU-I campus that allows less parking and higher density for residential units. (See section 10.2: Pedestrian Emphasis District.) Pedestrian Oriented Development: Development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and buildings/structures rather than an auto access. The building structures are generally located close to the public or private right-of-way and the main entrance(s) are oriented to the street sidewalk. There are generally windows or display cases along building facades. Although parking is provided, it is generally limited in size and location. Pedestrian Walkway: A surfaced walkway, separate from the traveled portion of a public or private right-of-way parking lot/driving aisle. Pedestrian Way: A public right-of-way dedicated as a walkway through a block from street-to-street and/or providing access to a school, park, recreation area, or shopping center. Percent of elevation: is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. Permanent Construction: The pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation. This does not include land preparation, installation of streets and/or walkways, excavation, setting of temporary forms, or installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure. Planned Residential Development: A Planned Unit Development that excludes all uses other than residential. Planned Unit Development (PUD): Residential, commercial and/or industrial use, or combination thereof, planned for a tract of land to be developed as a unit under single ownership or control. A Planned Unit Development is created for the purpose of selling, leasing, or renting lots or estates, whether fronting on private or dedicated streets Page 39 of 362 City of Rexburg Development Code: DEFINITIONS and may include two or more principal buildings as governed by the Development Code. Plat: A map of a subdivision. a. “Preliminary Plat” - A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with this ordinance and the Idaho Code. b. “Final Plat” - A map of all or part of a subdivision providing conformance to an approved preliminary plat, prepared by a surveyor in accordance with this ordinance and the Idaho Code. c. “Recorded Plat” - A final plat bearing all of the certificates of approval required in this ordinance and duly recorded in the Madison County Recorder’s Office. d. “Short Plat” – A platting process for small subdivision, five (5) lots or less, that allows for a shortened, quicker process for subdividing land that is approved by City staff only. The Zoning Administrator and the City Engineer can consider other simple plats on a case-by-case basis. Pharmacy: A service business which dispenses, under the supervision of a pharmacist licensed by the State of Idaho, prescriptive and non-prescriptive medicines and drugs, orthopedic appliances, or medical supplies for the treatment of human illness, disease, or injury, excluding the sale of goods or commodities for general hygiene, diet, cosmetic, or other general health purposes. Plant Nursery: Any land used to raise trees, shrubs, flowers, and other plants for sale or transplanting. Pre-existing Towers and Pre-existing Antennas: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Principal Building: A structure, where the context so indicates, or a group of structures in which the principal use of the lot is conducted. Principal Use: The main use of the land or structures as distinguished from a secondary or accessory use. Private Road: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system. Projections, Building: Structures that extend outward from the face of a building. Public Land Survey Corner: Any land survey corner actually established and monumental in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government. Public Works Director: the person appointed by the Council to oversee all public work functions for the city. Ramada: A stationary structure having a roof extending over a manufactured/mobile home, which may also extend over a patio or parking space for a motor vehicle, and is used principally for protection from the elements. Record of Survey: A map prepared in accordance with the requirements of Title 55 Chapter 19 of the Idaho State Statutes, as amended. Recreational Vehicle: Recreational vehicles may include but are not limited to motor homes, converted buses, camping and travel trailers, light-duty trailers and transporters, horse and cattle trailers, rafts, boats and their trailers. A vehicle that is: a. Built on a single chassis, b. Four-hundred (400) square feet or less when measured at the largest horizontal projection, c. Designed to be self-propelled or permanently towed by a light duty truck, and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, Page 40 of 362 City of Rexburg Development Code: DEFINITIONS camping, travel, or seasonal use. Recycling Center or Plant: A facility which is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled within a completely enclosed building. Redevelopment: The process of removing existing buildings, structures or other improvements in order to make way for a new project. Reserve Strip (sometimes known as a “Spite Strip”): A strip of land between a dedicated street or partial street and adjacent property; in either case, reserved or held in public ownership for future street extension or widening. Right-of-Way Public/Private: A parcel of land dedicated or reserved for use as a public way, which normally includes streets, sidewalks, utilities or other service functions. OR any public or private road, or access easement intended to provide public access to any lot/development which normally includes streets, sidewalks, utilities or other service functions, but excluding any service road or internal driving aisles (i.e., within parking lots). Sanitary Restriction: The requirement that no building or shelter which will require a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located shall be erected until written approval is first obtained from the state Division of Environmental Quality (DEQ) by its administrator or his delegate approving plans and specifications either for public water and/or sewage facilities, or individual parcel water and/or sewage facilities. Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such devices shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. A ground-mounted dish shall be regulated as an accessory building. School: A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools. Self-Service Storage Facility: A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies. Service Building: A structure containing lavatories, water closets, showers and/or bathtubs, and laundry facilities for the use of manufactured/mobile home community occupants. Service Station: Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. Self-Service Station: An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products. Setback: The minimum horizontal distance between a property line of a lot and the nearest wall line of the building (providing eaves are equal or less than two (2’) feet in depth), including any projection thereof, excluding uncovered steps. Uncovered steps or a deck may not extend into the front setback more than one-third of the required setback. Page 41 of 362 City of Rexburg Development Code: DEFINITIONS Shopping Centers: A grouping of three (3) or more retail businesses or service uses on a single site of more than five (5) acres but less than ten (10) acres with common parking facilities. Short Term Rental: Any rental of a dwelling unit that is for a time period less than thirty (30) days. Requires that there will be an owner, manager or owner’s agent available in Madison County, Idaho. (See also Bed and Breakfast and Boarding House as categories of short term rentals.) (See 3.02.160.) Sign, Animated: A sign, any visible part of which moves, flashes, or changes color, regardless of the source of energy which causes the movement, flash, or change of color. Sign, Architectural Blade: A roof sign or projecting sign with no legs or braces which is an integral part of the building structure, rather than an object added to or standing on the building. Sign, Background Area: The area comprising the message portion of a sign, not including the supporting structure. Sign, Blade: A blade sign is a type of sign mounted on a building overhang for the purpose of pedestrian traffic. Sign, Canopy: A sign which is attached parallel to the faces of a canopy or marquee. Sign, Changeable Copy Panel (Readerboard): A sign display, which is characterized by copy or illustration and may be modified at periodic intervals, regardless of method. Sign, Construction: Any sign which warns people of construction or demolition for a project or which describes the project, builder, architect or others involved in the project. Page 42 of 362 City of Rexburg Development Code: DEFINITIONS A Blade Sign rchitectural Banners Animated Sign Blade Sign Changeable Copy Panel (Readerboard) Canopy Sign Construction (PUBLIC) Direct Lighted Sign Free-standing (PRIVATE) Detached Sign Indirect Lighting Sign Directional Sign Illuminated Sign For Sale, Rent or Lease of Real Flood Lit & Estate Monument Sign Super Graphics Sign Projecting Portable Wall Sign Sign Temporary Sign Public Service Signs Swinging Sign Page 43 of 362 City of Rexburg Development Code: DEFINITIONS Under Canopy Sign Marquee Sign Wall Sign Sign, Directional: Any sign which serves to designate the location or direction of any place or area. Sign, Direct Lighted: Light for a sign which is visible to a viewer. Sign, Flood Lit Lighting: Lighting which is reflected from the surface of a sign or building. Signs, Free standing, Detached or Ground: A sign which is wholly supported by columns or other vertical supports in or upon the ground (not part of the building structure). A sign connected to a pole. Sign, Illuminated: A sign which uses a source of light for illumination. Sign, Indirect or Internal Lighting: Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. Sign, Off-Premise: Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products or services sold or offered for sale on premise other than on the premises where such sign is displayed. Sign, Portable: a sign that is not affixed to the ground or another structure. Sign, Projecting: A sign that projects from and is supported by a wall of a building or other structure. a. If a sign is connected to a wall, it counts as part of wall signage b. If a sign is connected to a pole, it counts as part of free-standing signage Sign, Public Service Information: A sign which provides general public service information such as time, date, temperature, weather, directional information and messages of interest to the traveling public, and which are commonly used to augment business identification signs. Sign, Real Estate or Property for Sale, Rent or Lease; Any sign pertaining to the sale, lease, or rental of land or buildings. Sign, Super Graphics: Any abstract mosaic, mural, painting, or graphic art technique or any combination thereof. Sign, Swinging: A sign which is installed on an arm or spar and is not permanently fastened to an adjacent wall or upright pole. Sign, Temporary; A sign which is intended to be displayed for no more than thirty (30) days consecutively and is not permanently affixed. Sign, Under Canopy or Marquee: A sign suspended below the ceiling or roof of a canopy or marquee. Sign, Wall: A sign connected to the wall of a building. Page 44 of 362 City of Rexburg Development Code: DEFINITIONS Sight Triangle: The sight triangle applies to corner lots on intersecting City streets. The triangle of land formed on any corner lot by drawing a line between points on the lot lines which are thirty (30’) feet from the intersection of such lot lines shall be free from any sight obscuring structure or obstruction except as permitted. Trees in such triangles shall be trimmed to at least ten feet (10’) above the centerline grades of the intersection streets. Shrubs, fences, and walls shall not be higher than three (3’) feet above the centerline grades of the intersecting streets. The purpose of the sight triangle is to insure visibility and safety in the zones which require buildings to be set back from the property line. VISUAL DEFINITION OF A SIGHT TRIANGLE Site Plan: A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Stand: the area reserved for the placement of a manufactured/mobile home. Standard Drawings and Specifications: Standard drawings and specifications are defined as the Rexburg Engineering Department Standards Specifications and Drawings as adopted by the City of Rexburg. Start of Construction: Includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement or other improvement was within one- hundred-eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site or the placement of a manufactured home on a permanent foundation. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six (6’) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. Page 45 of 362 City of Rexburg Development Code: DEFINITIONS Street: A public or private thoroughfare used, or intended to be used for passage or travel by motor vehicles. Driveways are not included. Streets are further classified by the functions they perform. a. Alley: A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street. b. Arterials: Roads conveying traffic from between major activity centers within the community and traffic through the City. Efficient movement is the primary function of arterial roads. Private and front access should be controlled and limited to high volume generators of vehicle trips. c. Collectors: Streets that conduct and distribute traffic between other residential streets of lower-order and higher-order streets or major activity centers. This is the highest-order of a street appropriate to a residential neighborhood and residential frontage along it should be prohibited or severely restricted. d. Cul-de-sac: A short local street having one end permanently terminated in a vehicular turnaround with a length of no greater than six-hundred (600’) feet. e. Frontage: A minor street parallel and adjacent to an arterial route and intercepts local streets and controls access to an arterial route. f. Minor Residential: A minor street with both terminal points on the same street or origin that serves no more than fifty (50) single-family lots on one (1) street. g. Residential access streets or local streets: A street with the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood. h. Rural Residential Street: A minor street that serves a rural residential subdivision that does not require curb and gutter, but may require a concrete edging strip. Structure: A walled and roofed building including a gas or liquid storage tank that is principally above ground. Sub-divider: An individual, firm, corporation, partnership, association, syndication, trust, or other legal entity having sufficient proprietary rights in the property to represent the owner, that submits the required subdivision application and initiates proceeding for the subdivision of land in accordance with applicable regulations. Subdivision: The division of any lot, tract, or parcel of land into three (3) or more parts, for the purposes of transfer of ownership or development and the dedication of a public street and the addition to, or creation of a cemetery. Substantial Commercial Cluster: A group of commercial businesses that include a grocery store, restaurant, and bank as a minimum, along with other various retail and services. The buildings that comprise the cluster shall be within a three (3) block area. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50%) percent of its market value before the damage occurred. Substantial Improvement: Occurs 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. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either: Before the improvement or repair is started, or a. If the structure has been damaged and is being restored before the damage occurred. b. The term does not, however, include either: Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety a. Page 46 of 362 City of Rexburg Development Code: DEFINITIONS code specifications which are solely necessary to assure saving living conditions, or Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of b. Historic Places. Surveyor: Any person who is registered and certified in the State of Idaho to engage in the practice of land surveying. Temporary Use: A prospective use, intended for a limited duration, generally six (6) months or less, to be located in a zoning district not permitting such use and not continuing such use or building. Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term excludes those used exclusively for dispatch communications. Town Homes: Town Homes must have the first floor two (2’) feet above grade when adjacent to right-of-way. (See Dwellings-Single Family Attached.) Truck Terminal: Land buildings used as a relay station for the transfer of a load from one (1) vehicle to another or one (1) party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. Twin Home: A twin home differs from a duplex by having two (2) dwellings that each own the property that they are built on and each dwelling owns their own yard. Unsuitable Land: Land which the Commission determines to be unsuitable for subdivision because of periodic flooding, poor drainage, excessively steep slopes or other features likely to be harmful to the safety and general health and welfare of the future residents. Unsuitable land shall not be subdivided unless adequate methods are utilized to overcome these conditions. Usable Lot Area: That portion of a lot usable for or adaptable to the normal uses made of the property, excluding any areas which may be covered by water, excessively steep, or included in certain types of easements. Utilities: Installation or facilities, underground or overhead, furnished for use by the public, including but not limited to electricity, gas, steam, communications, water, television, drainage, irrigation, sewage disposal, or flood control, whether owned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein. Utility Yard: Any electrical, gas, steam, communications, water, television, drainage, irrigation, sewage disposal or flood control yard that has equipment exposed. Yards are required to be screened. If equipment is underground, in a vault or above ground in a building it need not be screened. Vacant properties: Vacant properties for this purpose are defined as those that have been vacant for over a substantial number of years or those that have had buildings or improvements removed and have been vacant for a substantial number of years. Variance: A modification of the requirements of this Ordinance for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure, the placement of the structure upon lots, or the size of the lot. A variance does not include a change of land use. (See Idaho Section 67-6516.) Vicinity Map: A small scale map showing the location of a tract of land in relation to a larger area. Warehousing and Distribution: A use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create Page 47 of 362 City of Rexburg Development Code: DEFINITIONS hazardous or commonly recognized offensive conditions. Yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such uses as provided by this Development Code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the line of the main building unless otherwise noted in the Development Code. a. Front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. b. Rear: A yard extending the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. c. Side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. Side yard width shall be measured at right angles to the side lines of the lot. Zone: A portion of the territory of the City, exclusive of streets, alley, and other public ways, within which certain uses of land, premises, and buildings are not permitted and with which certain yards and open spaces are required and certain heights are established for buildings. Page 48 of 362