8-13D-2: DEFINITIONS:

ACCESSORY USE OR STRUCTURE: A use, building or structure that is customarily incidental and subordinate to the principal permitted use or approved administrative permit use, and is conducted or located upon the same lot.

ADMINISTRATIVE: Pertaining to the performance of executive duties or directing the execution, application or conduct of duties of an office, business, or institution.

ADMINISTRATIVE PERMIT: A permit issued by the Director for administrative permit uses specified in subsection 8-13D-7 of this Article.

ADMINISTRATIVE PERMIT USE: A use or occupancy of a structure, or a use of land, permitted only upon issuance of an administrative permit and subject to the limitations and conditions specified therein.

AFFECTED PERSON: Same meaning as is ascribed to such term by Idaho Code Section 67-6521, as amended from time to time.

AGRICULTURAL COMMERCIAL OVERLAY: Those areas depicted upon the Hidden Springs zoning map where agricultural commercial uses, as detailed in subsection 8-13D-5C2 of this Article, are permitted.

AGRICULTURAL COMMERCIAL USE: Those principally permitted and administrative permit agricultural commercial uses described in subsection 8-13D-5C2 of this Article.

AGRICULTURAL CONSERVATION AREA: That area depicted upon the Hidden Springs master land use plan map.

AGRICULTURAL OUTBUILDINGS: Any building or structure which is used for storage or shelter of farming materials, equipment, supplies, products, or animals.

AGRICULTURE AND AGRICULTURAL OPERATIONS: The growing of cultivated crops, fruit trees, berry bushes, grazing, pasturage, raising of domestic livestock, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing of produce. The operation of any accessory uses to agricultural purposes shall not include a commercial packing facility, feedlot or stockyard, the commercial feeding of garbage or offal to swine or other animals, a slaughterhouse, the operation of a fertilizer works, nor plants for the reduction of animal matter.

ALLEY: A public or private way affording only secondary means of access to abutting property at the back or side of a property.

ANIMAL CLINIC OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of cats, dogs, or other animals in which veterinary services including clipping, bathing, boarding, and other services are rendered to dogs, cats and other small animals and domestic pets. Small animal hospital or veterinary hospital is the same as a small animal or veterinary clinic, the distinction being that in the case of an animal hospital there is a licensed veterinarian on the premises.

APPLICANT: Any owner or person with a proprietary interest in real property within the boundaries of the Hidden Springs Planned Community who submits any application under this Article.

ARTICLE: This Hidden Springs Planned Community Zoning Ordinance.

BASEMENT: That portion of a building between the floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. A basement, when used for dwelling purposes, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.

BED AND BREAKFAST ESTABLISHMENT: A building where meals and/or lodging are provided for compensation to three (3) or more persons, but not more than twelve (12) persons, and who are not members of the householder's family.

BOARD: The Board of County Commissioners of Ada County, Idaho.

BOARD CHAIRMAN: Chairman of the Ada County Board of County Commissioners.

BOARDER: See definition of Roomers and Boarders.

BUILDING: Any structure securely affixed to the land, and having a roof supported by columns or walls, and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels, or property of any kind.

   Building Coverage: The total allowable percentage of a lot that may be covered by a building or buildings.

   Building Envelope: Areas of land within which all site disturbances (construction of buildings, sitework, etc.) shall be conducted.

   Building Height: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

   Building Massing: The three-dimensional (3-D) bulk and scale of a building.

   Building Site: The ground area of a building or group of buildings together with all open spaces as required by this Article.

CAFE: See definition of Restaurant.

CLUB, LODGE OR SOCIAL HALL: The social use of a building or of any premises by a profit or nonprofit association.

CLUSTER DEVELOPMENT OR CLUSTERING: Clustering of buildings, garages, and drives to minimize site disruption and/or maximize open space. Clustering techniques may include, but are not limited to, shared driveways, key or flag lots, and cul-de-sacs.

COMMERCIAL STABLE AND RIDING SCHOOLS: For profit stables and horse-riding schools.

COMMERCIAL USE: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use of offices by professions and trades rendering services including all advertising, events and other activities associated with such commercial use.

COMMISSION: The Planning and Zoning Commission of Ada County, Idaho.

COMMON AREAS: Those areas which are used, owned, or managed jointly by a group of residences, businesses, or association(s). Common areas include, but are not limited to, open spaces, parking areas, pathways, and parks.

COMMUNITY CENTER: That portion of Hidden Springs more particularly described in subsection 8-13C-5C3 of this Article which is intended to include the recreational and community service uses that will form the social hub of the community.

COMMUNITY EVENT: Any temporary event within Hidden Springs including, without limitation, picnics, barbecues, holiday events and parties, dances, concerts, bike rides and races, foot races and walks, auctions and sales, bazaars, sales or marketing events and harvest festivals and events.

COMMUNITY EVENT, PUBLIC: Any event for the public at large which is advertised to the general public other than private community events described above.

CONDOMINIUM: A condominium within Hidden Springs shall have the same meaning as set forth in Idaho Code Section 55-101B, as the same is amended and modified from time to time, and as further defined and described in the Idaho Condominium Property Act.

CONVALESCENT HOME: A home, place or institution licensed by the Idaho State Department of Health and Welfare as a nursing home which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, said patients who by reason of illness or infirmity are unable to properly care for themselves.

CORRAL: See definition of Paddock, Pasture or Corral.

COUNTY: Ada County, Idaho.

DEDICATION: The setting apart of land or interests in land for public use, charitable, religious, or educational purposes, including the granting of any and all conservation easements.

DIRECTOR: The Ada County Director of Development Services or an authorized representative thereof.

DRAINAGE: The removal of excess waters from land by means of surface or subsurface conduits.

DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to encourage or permit customers to receive services, obtain goods, or be entertained, while remaining in their motor vehicles.

DUPLEX: A building of no more than two (2) stories in height designed for or used by two (2) families or housekeeping units.

DWELLING: Any building or portion thereof designed or used as the residence or as separate living quarters of one or more persons, but not including a tent, trailer or a room in a hotel, motel, or bed and breakfast establishment.

DWELLING, MULTI FAMILY: A building or portion thereof designed for or used by three (3) or more families or housekeeping units.

DWELLING SINGLE-FAMILY: A building designed for or used exclusively for residence purposes by one family or housekeeping unit.

EASEMENT: A right to use, falling short of ownership, and usually for a certain stated purpose.

EMPLOYMENT CENTERS: The contemplated Hidden Springs employment facilities more particularly described in subsection 8-13D-5C6 of this Article.

ENGINEER, COUNTY: That licensed professional engineer appointed by the Board.

EQUESTRIAN CENTER: The Hidden Springs equestrian facility more particularly described in subsection 8-13D-5C4 of this Article.

FAR: Floor to Area Ratio.

FEMA: Federal Emergency Management Agency.

FAMILY: A person living alone, or two (2) or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a bed and breakfast establishment, boarding house, lodging house, motel or hotel.

FAMILY DAY CARE HOME: "Family day care home" shall have the same meaning as ascribed to it in Idaho Code Section 39-1102, as amended from time to time.

FARM/RANCH LOTS: Lots as more particularly described in subsection 8-13C-5B1 of this Article.

FLOOD PLAIN: In this Article, flood plain refers to the 100-year flood plain as defined by the Federal Emergency Management Act ("FEMA"), and as otherwise defined in this Title.

FREESTANDING GARAGE OR STORAGE STRUCTURE: An enclosed building designed for private storage or parking of noncommercial vehicles.

GRADE: The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure.

GRAIN STORAGE FACILITY: Any facility used to store any harvested crop.

GREENHOUSE: A building whose roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants, for private use or public sale.

GROUP DAY CARE FACILITY: Group day care facility shall have the same meaning as ascribed to it in Idaho Code Section 39-1102, as amended from time to time.

GUEST HOUSE: See definition of Accessory Apartment.

HIDDEN SPRINGS DESIGN REVIEW COMMITTEE OR DESIGN REVIEW COMMITTEE: That certain design review committee (DRC) referenced in the design guidelines approved as a part of the Hidden Springs Specific Plan.

HIDDEN SPRINGS GREENWAY: That area adjacent to Dry Creek, which is dedicated to, and for the use of the public.

HIDDEN SPRINGS HOMEOWNERS' ASSOCIATION: The Idaho nonprofit or profit corporation whose members or stockholders consist exclusively of property owners within Hidden Springs and whose purpose is to provide for the administration and governance of the affairs of Hidden Springs.

HIDDEN SPRINGS MASTER LAND USE PLAN: See definition of Master Land Use Plan.

HIDDEN SPRINGS OR HIDDEN SPRINGS PLANNED COMMUNITY: That area depicted on the Hidden Springs Zoning Map, as amended from time to time.

HIDDEN SPRINGS SPECIFIC PLAN: The Hidden Springs Specific Plan consists of the goals, objectives, policies, maps (such as sketch plan maps), development standards/administration provisions and other components of the Hidden Springs application for a planned rural community which have been adopted by the Board, and which shall serve as a guide for development. A copy of the approved Hidden Springs Specific Plan is on file with the Ada County Development Services Department.

HIDDEN SPRINGS ZONING MAP OR ZONING MAP: Map depicting the Hidden Springs Planned Community boundary and the zoning districts and overlay districts within this boundary.

HOME OCCUPATION: An accessory use to a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.

KENNEL: Any facility used for the boarding or training of domestic animals.

LODGE: See definition of "Club, Lodge or Social Hall".

LOT: A parcel of land which meets any of the lot requirements of this Article for use, design and dimensional standards and is for transfer of ownership or development, including, but not limited to, condominiums. Such parcel of land may be developed if it complies with all applicable provisions of this Article.

LOT, DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart.

LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts. Lot Line, Rear: The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot, or lots is also called an interior side lot line.

LOT, LINES: The property lines bounding the lot.

LOT, WIDTH: The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least depth of the front yard.

MASTER DEVELOPER: Grossman Family Properties, or its assigns.

MASTER LAND USE PLAN: The Plan contained within the Hidden Springs Specific Plan which depicts residential uses, nonresidential uses, and nonresidential overlays.

MEETING HALL: See definition of "Community Center".

NURSERY: Land and/or greenhouses used to raise flowers, shrubs, and plants, for private use or public sale on site. The combined floor area for all structures used for retail sales may not exceed two thousand (2,000) square feet.

OPEN SPACE: The area depicted on the Hidden Springs Master Land Use Plan as described in subsection 8-13D-5C5 of this Article which shall remain open and free of development other than wildlife habitat improvements, trails, other recreational improvements, and agricultural uses; provided however, that changes in the boundaries of the open space are acceptable as long as the total acreage of the open space does not decrease below eight hundred ten (810) acres.

PADDOCK, PASTURE OR CORRAL: A small enclosure near a stable where horses are exercised.

PARCEL: A contiguous unit of land owned by, or recorded as, the property of the same person or persons.

PARCEL BOUNDARY ADJUSTMENT: The division for conveyance of a lot or parcel of land for the purpose of adjusting the boundary between parcels where: the dimensions of the parcels are not reduced below the minimum dimensional standards for its applicable zone; there is no increase in the original number of parcels; and, no easements, public streets, private streets or publicly dedicated areas are affected. A parcel boundary adjustment shall not move or affect the location of any platted lot line.

PARK AND RIDE FACILITY: Facility designed to allow Hidden Springs residents to park their vehicles in order to carpool or ride in a van or bus to various locations throughout the Treasure Valley, usually, however, to work.

PARKING AREA (PRIVATE): An open area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.

PARKING SPACE: A usable space within a public or private parking area or a building of not less than one hundred eighty (180) square feet, either within a structure or in the open for the parking of motor vehicles.

PARKING STRUCTURE: A structure designed and used for vehicular parking and located near the building which it serves.

PASTURE: See definition of "Paddock, Pasture or Corral".

PERSONAL SERVICE: Retail oriented towards personal services.

PHASED DEVELOPMENT: Each individual phase of development as such phase is submitted for preliminary plat and/or final plat approval.

PLAT, FINAL: The drawing, map or plan of a subdivision or other tract of land, or a replatting of such, including certifications, descriptions and approvals and containing those elements and requirements set forth in subsection 8-13D-6C2d of this Article.

PLAT, PRELIMINARY: A preliminary plat of a subdivision containing the elements and requirements set forth in subsection 8-13D-7C2a through 8-13D-7C2c of this Article.

PRINCIPAL PERMITTED USE: The main use of land or a building as distinguished from a subordinate or accessory use.

PUBLIC AND COMMUNITY SUPPORT USES: Public and community support uses shall include, without limitation, community centers, post office facilities, churches, schools, public structures, recreational and health club facilities and day care facilities.

PUBLIC RIGHT OF WAY: A right of way open to the public.

PUBLIC STRUCTURE: Any structure designed for the benefit and use of the public.

PUBLIC UTILITY STRUCTURE: Any structure utilized by a public utility.

RANCH LOTS: See definition of "Farm/Ranch Lots".

RECREATION FACILITY: A commercial or nonprofit swimming pool, park, fitness center, public gathering place or other use designed for amusement or recreation.

REGULAR LOTS: Lots as more particularly described in subsection 8-13D-5B4 of this Article.

RESTAURANT: Any building, or part thereof, other than a bed and breakfast establishment, where meals and/or beverages are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom, soda shop and dining room.

RETAIL STORE: A store which sells commodities in small quantities to consumers, such as a general store, hardware store, bookstore, etc.

ROAD: See definition of Street.

ROADSIDE STAND: A booth or stall temporarily located on a farm or other lot from which produce, and farm products are sold to the general public.

ROOMERS OR BOARDERS: Persons paying remuneration for eating and sleeping within a residence.

RURAL LOTS: Lots as more particularly described in subsection 8-13D-5B2 of this Article.

SCHOOL, PUBLIC OR PRIVATE: An institution of learning either publicly or privately supported.

SETBACK: The space on a lot required to be left open, either by the front, side, and rear yard requirements of this Article, or by the delineation on a recorded plat map, or recorded covenants.

SHARED DRIVEWAYS: A twenty-foot (20') wide private shared access that serves no less than two (2) nor more than four (4) single-family parcels or lots.

SIGN: Any structure or natural object, such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SITE DISTURBANCE: Any change in the natural character of Hidden Springs as it exists at the date of adoption of this Article, such as occurs during construction, landscaping, etc.

SKETCH PLAN: A less detailed development elaboration than a preliminary plat used in conjunction with a preapplication conference as described in subsection 8-13D-6B of this Article. A sketch plan may include maps, charts, goals, objectives, policies, and other information.

SLOPE: The number of feet rise or fall per one hundred feet (100') horizontal distance, divided by one hundred (100) and expressed as a percentage.

STABLE: A structure used or designed for the keeping, boarding, riding and/or care of horses.

STORAGE FACILITY OR STORAGE STRUCTURE: Any storage facility or structure used for the storage or parking (long term or short term) of, without limitation, vehicles, agricultural and recreational vehicles, boats and other watercraft, snowmobiles, equipment, and machinery.

STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.

STREET: A public right of way officially accepted by the Ada County Highway District or other appropriate government agency. The term "street" shall include "avenue," "drive," "circle," "road," "parkway," "boulevard," "highway," "thoroughfare," or any other similar term.

STREET, CUL-DE-SAC: A dead end street provided with a turnaround at its terminus. Street, Island: A block in a subdivision located in the street.

STREET, MAJOR: A major street is a thoroughfare that is or will be used for fast and/or heavy traffic, when designated as such by the Ada County Highway District or Director.

STRUCTURAL ALTERATION: Any change in the structural members of a building, such as walls, columns, beams, or girders.

SUBDIVISION: A. Lot or Parcel Division: The division of a lot or parcel of land into two (2) or more sublots or subparcels for the purpose of transfer of ownership, or for building development.

   A.   Exceptions: The following divisions of land shall not constitute a subdivision:

      1.   Parcel boundary adjustment as provided in this Article.

      2.   A court decree dividing a lot or parcel of land into separate, distinct ownership in the distribution of property provided that such lot or parcel provides for proper access to streets as enunciated in this Title.

      3.   The division of land as a result of condemnation, as defined and allowed in the Idaho Code.

      4.   The expansion or acquisition of street rights of way by a public agency, in compliance with an adopted general development plan.

      5.   A conveyance of raw land as contemplated in subsection 8-13D-4E of this Article.

SURVEYOR, COUNTY: That licensed professional land surveyor appointed by the Board to check plats and monuments for compliance with platting and surveying laws, provide for surveying monument records and make such surveys, descriptions, maps and plats as ordered by the Board.

TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants.

TEMPORARY LIVING QUARTERS: See definition of "Accessory Apartment or Guesthouse".

TEMPORARY SALES OFFICE: That particular sales office(s), wherever located, used primarily for the wholesale or retail sales of property or lots located within Hidden Springs.

TOT LOTS: Any playground facility designed for use by children five (5) years of age and younger.

TOWNHOME LOTS: Lots as more particularly described in subsection 8-13D-5B6 of this Article.

UNPLATTED PROPERTY USE: Those principally permitted and administrative permit uses described in subsection 8-13D-5C7 of this Article.

USE: The purpose for which land or a building thereon is designated, arranged, or intended, or for which it is occupied or maintained, let, or leased.

UTILITIES: Facilities for service to and used by the public.

VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

VILLAGE COMMERCIAL OVERLAY: Those areas depicted upon the Hidden Springs zoning map where village commercial uses, as detailed in subsection 8-13D-5C1 of this Article, are permitted.

VILLAGE COMMERCIAL USE: Those principally permitted and administrative permit use village commercial uses described in subsection 8-13D-5C1 of this Article.

VILLAGE HOME LOTS: Lots as more particularly described in subsection 8-13D-5B5 of this Article.

WATER SUPPLY SYSTEM: An approved water supply system which provides a domestic water supply meeting local, state, and federal drinking water standards and fire flow requirements.