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This chapter shall be known as the Zoning Ordinance of the City of Lewiston. The purpose of this chapter is to promote the orderly development of the city according to a comprehensive plan; to conserve and stabilize the value of property; and otherwise to promote the public health, safety, and general welfare.

Accessory building means a building that is used for a purpose that is related, incidental, ancillary, or subordinate to, and on the same lot as, the primary building and use. Adult bookstore means a structure, building or place or portion thereof wherein there is sold, conveyed, transferred, distributed, or stored any of the following:. Provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the items described in subsection 1 or subsection 2 hereinabove.

Adult entertainment facility means any structure, building, or place, or any portion thereof, wherein there is any live performance, exhibition, showing or display which depicts or describes ultimate sexual acts, normal or perverted, actual or simulated, or which depicts or describes masturbation or excretory functions or in which the genitals or the genital area is exposed; provided, however, that no exhibition, showing or display which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the definition contained in this paragraph.

Adult theater means a structure, building or place, or any portion thereof, wherein there is shown, exhibited or displayed any motion pictures, videotapes, films, pictures, photographs, or other pictorial representations which depict or describe patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or which depict or describe masturbation, excretory functions or lewd exhibition of the genitals or genital area; provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included as an item listed hereinabove in this definition.

Affected person means one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development. Alley means a street which affords only a secondary means of access to the property and is not intended for general traffic circulation. Bed and breakfast means an owner-occupied residence, including an existing detached guest house that is located on the same lot and that provides restroom facilities, where lodging and breakfast are provided for remuneration to overnight, paying guests.

Buildable area means the space remaining on a lot after the minimum open space requirements coverage, yards, setbacks have been met. Building means any structure having a roof supported by walls, posts, or columns and built for the shelter of persons, animals, or property of any kind. Cemetery means land used or intended to be used for the burial of the human dead and dedicated to cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in connection with or within the boundaries of a cemetery.

Change in use means any use that substantially differs from the use of a building or land, as determined by the community development director. Church means a building used for assemblage as a place of worship service for a group of people of a religious faith. Commercial entertainment facility means any use conducted for gain under private ownership whose primary purpose is to provide one of various types of entertainment, recreational activity, or athletic involvement.

Typical uses would include theaters, bowling alleys, handball-racquetball club-courts, go-cart tracks, radio controlled car race centers, etc. Commission means the planning and zoning commission of the city of Lewiston. Conditional use means a use permitted in a particular zone district upon showing that such use in a specified location will comply with all the conditions and standards as specified in this chapter, including any additional conditions of approval, and when approved by the planning and zoning commission.

Construction and contracted trades means occupations engaged in the construction of buildings and other structures, heavy construction, additions, alterations, installations, maintenance and repairs of buildings, demolition, earth moving, excavating, and other land preparation. Construction trades are generally administered or managed from a fixed place of business, but the actual construction work is performed at different project sites. Craft or handicrafts means occupations engaged in finished, personal, or household items that are either made to order or which involve considerable handwork to produce.

Examples include textiles, pottery, woodworking, or other products made on an individualized, single-item basis. The use of mechanized assembly line production is excluded from this definition. Day care center means as defined in section of this code. Destruction of structure means the removal of damage equal to or greater than eighty 80 percent of the assessed value of the structure prior to damage, as determined by the Nez Perce County assessor.

Detached building means a building surrounded on all sides by a minimum of three 3 feet of open space between it and another building. Such three-foot open space shall include separation between any eave or lean-to. Dormitory means a building accessory to a public or private institution used as a group living quarter exclusively for members of the institution.

Dormitories may also include convenience services for the residents such as food service, laundry, computer laboratory, recreational facilities, or retail sales clearly subordinate and accessory to the use of the building as a dormitory. Driveway means a private roadway providing access to a street and serving no more than three 3 lots. Dwelling, accessory apartment means a size-limited attached or detached apartment meeting the standards of section Dwelling, multifamily means a building containing three 3 or more dwelling units, or more than one 1 detached single-family dwelling on one 1 lot, or more than one 1 two-family dwelling on one 1 lot, or any combination thereof, excluding one 1 single-family dwelling with an accessory apartment.

Dwelling, two-family means a detached building on a single lot containing two 2 dwelling units. Dwelling unit means one 1 or more rooms deated for occupancy by one 1 family. Family means one 1 or more persons occupying a single dwelling unit and living as a single household unit. Family day care means as defined in section of this code. Farming means the raising and harvesting of crops; feeding, breeding and management of livestock; growing and harvesting of timber; dairying; or any other agricultural or horticultural use or any combination thereof.

It includes the construction and use of dwellings and other structures customarily provided in conjunction with farming and further includes the disposal, by marketing or otherwise, of products produced on the premises. Standards for the keeping of livestock in a zone in which farming is permitted shall be the same as the standards for the keeping of livestock under a conditional use permit. Feedlot means a property which does not have sufficient livestock area or animal rights for the of livestock and poultry on site, whereon livestock is confined for any period of time, for the primary purpose of feeding prior to sale.

Feedlot does not include the raising, feeding and keeping of livestock by children residing on the property for the purpose of participation in educational programs such as 4-H. Floodplain overlay district means the area lying one hundred fifty feet on either side of Lindsay Creek as measured from the center of the stream and extending in a southeasterly direction from the Camas-Prairie Railroad grounds to the Lewiston corporate limits.

Floor area, gross means the cumulative floor area of each floor level, including any basement within the exterior walls of a building, as measured from the outside surface of the exterior walls. Garage, private means a portion of a residential building in which storage such as motor vehicles used by the tenants of the building is kept.

Grade means, at ground level, the average of the landscaped ground level at the center of all walls of the building. If a wall is parallel to and within five 5 feet of a sidewalk, the ground level shall be measured at the sidewalk. Group day care means as defined in section of this code. Height of building, building height means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.

Home occupation means an activity, profession, or craft carried on entirely within a residence by the occupants; which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term; so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate, as permitted; and which does not infringe upon the rights of neighboring residents to enjoy a peaceful occupancy of their homes.

Homeless person means an individual who lacks stable living arrangements or housing without regard to whether the individual is a member of a family. Such individuals may include, but are not limited to: those whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations; those residing in transitional housing; those living on the streets; and those residing in a homeless shelter, mission, single-room occupancy facility, abandoned building, vehicle, any place not meant for human habitation, or in any other unstable or nonpermanent situation.

Homeless shelter means a privately or publicly operated facility, the primary purpose of which is to provide overnight accommodation free of monetary charge to homeless persons at a fixed location. Such facility may be overnight use only or a twenty-four 24 hour operation. Such facility may also provide support services, such as food, hygiene, laundry, counseling, job training, and referrals to other social service agencies. Homeless shelter shall not include medical facilities d by the state of Idaho as a hospital Idaho Code, Section a , nursing facility Idaho Code, Section b , intermediate care facility Idaho Code, Section c , behavioral health service Idaho Code, Section 1 , behavioral health community crisis center Idaho Code, Section 2 , Idaho certified family homes Idaho Code, Section 8 , health facilities Idaho Code, Section d , or approved private or public treatment facilities Idaho Code, Section 3 , 4.

Homeless shelter shall also not include safe houses for domestic violence victims. Household pets means small animals permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, guinea pigs, hamsters, or other small, fur-bearing animals; canaries, parrots, parakeets, goldfish, etc. Industrial park means a development at least five 5 acres in area with a coordinated de for a variety of industrial and related uses. Intermediate care facility means a facility that provides, on a regular basis, personal care, including dressing, eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

Junk means any manufactured good, machinery, vehicle stored in public view in violation of Article XVI, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, worn or deteriorated. This shall include by way of illustration only and without limitation wood, rubber, scrap metal, concrete, rubble, boxes, crates, or machinery parts. Any property where such vehicles or materials are present for thirty 30 days shall be deemed a junkyard.

A junkyard includes an auto-wrecking yard but does not include uses established entirely within closed buildings. Kennels, commercial means any lot or premises or portion thereof, other than a veterinary hospital, on which four 4 or more dogs are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.

Kennels, noncommercial means any lot, premises or portion thereof, other than a veterinary hospital, on which six 6 or more dogs are maintained, harbored, possessed, boarded, bred or cared for and are not for sale or compensation. Long-term care facility means an institution or a distinct part of an institution that is d or approved to provide health care under medical supervision for twenty-four 24 or more consecutive hours to two 2 or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

Lot area means the total area of a lot measured in a horizontal plane within the lot boundary lines, exclusive of any dedicated public right-of-way. Lot, corner means a lot abutting on two 2 or more streets, other than an alley, at their intersection or upon two 2 parts of the same street forming an interior angle of less than one hundred thirty-five degrees. The front of a corner lot shall be determined at the time of building permit application. Lot coverage means that portion of the lot that is covered by building and structures.

Lot depth means the average horizontal distance between the front lot line and the rear lot line. Lot, flag means a lot that is, generally, in the shape of a flag extended at the end of a pole, wherein the pole portion of the lot serves to provide the required street frontage and the flag portion of the lot serves to provide the buildable area of the lot.

Lot line, front means the property line separating the lot from the street, other than an alley. Lot line, rear means a property line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other shaped lot, means a line ten 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. Lot line, side means any property line not a front or rear lot line.

Lot, nonconforming means a lot that does not meet the current minimum requirements of this chapter for lot area, lot width, or lot depth, but which was platted or otherwise created and accepted by the governing local land use jurisdiction as a recognizable building lot prior to the current lot size requirements of this chapter and that does meet the current minimum requirements of this chapter for lot access.

Lot, through means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. Setbacks for the zone in which such lot is located must be met on both street frontages and all accessory buildings shall comply with all front and rear yard setback requirements of the primary use. Lot width means 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 ing the midpoints of the front and rear property lines. Manufactured home means a structure, constructed after June 15, , in accordance with the HUD manufactured home construction and safety standards, and is transportable in one 1 or more sections, which, in the traveling mode, is eight 8 body feet or more in width or is forty 40 body feet or more in length, or when erected on site is three hundred twenty or more square feet, and which is built on a permanent chassis and deed 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 U.

Sections et seq. Class A manufactured home: A manufactured home meeting the following standards:. Any roofing material may be used provided it has the appearance of a nonmetallic shingle, shake or tile roof;. Reflection from horizontal metal siding shall be no greater than that from siding coated with white gloss enamel;. Class B manufactured home: A manufactured home meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development but not meeting all the criteria 2 through 5 for Class A manufactured homes.

Also included certified rehabilitated mobile homes as provided in Title 44, Chapter 25 of Idaho Code. Class C manufactured home: A manufactured home which does not meet the manufactured home construction and safety standards of the Department of Housing and Urban Development but which is at least eight 8 feet wide and forty 40 feet in length. Manufactured home park means a tract of land under unified ownership developed for the purpose of providing individual rental spaces for the placement of manufactured homes within its boundaries.

Manufacturing means occupations engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembling of component parts of manufactured products is considered manufacturing, except in cases where the activity is appropriately classified as construction, crafts, or art.

Nonconforming structure or use means a structure or use which was lawful March 13, , the date of adoption of Ordinance No. Occupancy permit means a required permit allowing occupancy of a development or use after it has been determined that the development or use meets all the requirements of the applicable codes.

Office park means a development on a tract of land that contains a of separate office buildings, accessory and supporting uses, and space deed, planned, constructed and managed on an integrated and coordinated basis. Outdoor storage means the keeping, in an unroofed area, of any goods, junk, materials, merchandise or vehicles in the same place for more than twenty-four 24 hours. Park means a tract of land, deated and used by the public for active and passive recreation. Parking means off-street parking with access from streets or secondary means or as approved by a subdivision plat.

Parking lot means a parcel of land devoted to parking spaces for motor vehicles. Parking lot, commercial means any lot upon which the members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his agent. Parking lot, reconstruction means the removal and replacement of existing asphalt, concrete, or similar paving material where reconstruction exposes the parking lot subgrade of an area exceeding two thousand 2, square feet. Parking space means a permanently surfaced area, enclosed or unenclosed, meeting the requirements of the city of Lewiston standard drawings or the city engineer.

Person means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit. Personal service use means any use conducted for gain which primarily offers service to the general public such as barbershops, beauty parlors, watch repair, shoe repair, self-service laundry, and dry cleaners and similar activities.

Prevailing architectural character means the basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, that produces its distinctive character. Professional offices means the use of offices and related spaces for such service as are provided by medical practitioners, lawyers, architects, engineers and similar professions.

Public use means a structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency, or by a public utility. Public uses may be considered to be uses permitted outright when the use or structure proposed if the same use or structure were to be undertaken by a private individual would be allowed as a use permitted outright in a specific zone.

Quarrying means an excavation or open pit from which building materials, such as rock, gravel and sand, are extracted by earth moving operations. The term does not include mineral extraction by mining. The width of a category A drainage channel shall be measured ten 10 feet horizontally on each side of the channel at the average annual high water point.

The width shall not exceed ten 10 feet measured horizontally from the edge of the channel at the average annual high water point, and the height shall not exceed ten 10 feet. The width of a category A drainage channel shall be measured twenty-five 25 feet horizontally on each side of the average annual high water channel. The width shall not exceed twenty-five 25 feet from the edge of the channel at the average annual high water channel, and shall not exceed twenty-five 25 feet in height; or.

Army Corps of Engineers. Recreational vehicle means a vehicular type unit primarily deed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, fifth-wheel camper and motor home. Recyclable material means materials that can be collected, sold or reused at a net cost equal to or less than the cost of collection and disposal of the same material.

Recycling center intermediate processing center means a place, building or facility where post consumer recyclable materials, including paper products, plastics, tin, aluminum, metals and glass, are accepted to be sorted, processed, packaged, baled, stored, sold or prepared for transport. Specifically excluding auto bodies, parts and related items.

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