The intent of this chapter is to accumulate under one heading, regulations which apply to two (2) or more zones, rather than to repeat them several times.

(Ord. 199, 11-14-1983)

No required yard or other open space around an existing building, or which is hereafter provided around any building, which is needed to comply with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot whereon a building is to be erected or established.

(Ord. 199, 11-14-1983)

Only one building which contains a dwelling shall be located and maintained on a zoning lot as defined in this title, except for dwellings within a mobile home park, or other large scale development.

(Ord. 199, 11-14-1983)

No space needed to meet the width, yard, area, coverage, parking, or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided.

(Ord. 199, 11-14-1983)

Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, and other ornamental features and unenclosed steps and unwalled stoops, porches, and carports, which may project up to three feet (3') into a required yard. No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses, and cornices which may extend into a court not more than sixteen inches (16").

(Ord. 199, 11-14-1983)

Living and sleeping quarters in any building other than the main residential building is prohibited, except by members of the immediate family of the tenant.

(Ord. 199, 11-14-1983)

   A.   Commercial Vehicles: The storage and/or continuous parking of construction equipment such as bulldozers, graders, compressors, etc., shall not be permitted in any residential zone; provided, that construction equipment may be stored on a lot during construction of a building thereon, but not to exceed one year.

   B.   Junk And Debris: No yard or other open space surrounding an existing building in any agricultural or residential zone, or which is hereafter provided around any building in any agricultural or residential zone, shall be used for the storage of junk, debris, or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein.

(Ord. 199, 11-14-1983)

   A.   Additional Height Allowed For Public Buildings: Public buildings and churches may be erected to any height, provided the building is set back from the required building setback line a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located.

   B.   Minimum Height Of Dwellings And Fences: No dwelling shall be erected which has a ceiling height of less than seven feet six inches (7'6") or one story above grade, whichever is greater. No fence, wall or hedge shall be constructed higher than four feet (4') above the ground in any required front or side yard that fronts on a street.

(Ord. 199, 11-14-1983)

Unless otherwise stated in this code, no barn, corral, or coop shall be constructed closer than one hundred feet (100') from any existing dwelling.

(Ord. 199, 11-14-1983; amd. 2011 Code)

Surface water from rooftops, lots or irrigation ditches should be controlled to avoid damage to adjacent lots or streets.

(Ord. 199, 11-14-1983)

In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty five feet (45') from the intersection of the street lines.

(Ord. 199, 11-14-1983)

Wherever a front or side yard is required for a building, which building abuts on a proposed street which has not been constructed, but which has been designated by the planning and zoning commission as a future street, the depth of such front or side yard shall be measured from the planned street lines.

(Ord. 199, 11-14-1983)

The setback from the street for any dwelling located between two (2) existing dwellings in any residential zone may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty feet (150') of each other.

(Ord. 199, 11-14-1983)

Concessions, including, but not limited to, amusement devices, recreational buildings, and refreshment stands shall be permitted on a public park or playground when approved by the city council.

(Ord. 199, 11-14-1983)

Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the health department before a building permit shall be issued therefor.

(Ord. 199, 11-14-1983)

Gasoline pump islands shall be set back not less than fifteen feet (15') from any street line to which the pump island is vertical and twelve feet (12') from any residential zone boundary line. If the pump island is set in an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In no case shall pumps be set closer than twelve feet (12') from any street line, nor closer than ten feet (10') from any side or rear property line. Lots from which gasoline is dispensed to customers at retail shall be not less than seventy five feet by one hundred feet (75' x 100') in size. Canopies over pump islands may extend to within five feet (5') of the property lines.

(Ord. 199, 11-14-1983)

   A.   Loading And Unloading: Off street loading and unloading space shall be provided on the same lot for every building used for manufacturing, storage, warehousing, goods display, department store, grocery, hotel, hospital, mortuary, laundry, dry cleaning, or other use similarly involving the receipt or distribution by vehicle of materials or merchandise. Such space, unless otherwise adequately provided, shall include a minimum ten foot by twenty five foot (10' x 25') loading space with a minimum fourteen foot (14') height clearance for every twenty thousand (20,000) square feet of floor space in the building or fraction thereof.

   B.   Parking: Not less than two (2) off street parking spaces shall be provided on the same lot for any one-family dwelling, plus one space for each additional dwelling unit. All off street parking spaces shall be graded, graveled or paved.

(Ord. 199, 11-14-1983)

Access to all lots and parcels of land having a frontage on a public street shall be controlled as follows:

   A.   Access shall be by not more than two (2) driveways from any one street, except as may be permitted by the planning and zoning commission when it can be shown that additional driveways will promote traffic safety.

   B.   Driveways shall be not closer to each other than twenty feet (20').

   C.   Each driveway shall be not more than thirty feet (30') in width in any commercial or industrial zone measured at a right angle to the centerline of the driveway. In residential zones, driveways shall be not more than twenty feet (20') in width except when approved for large scale developments.

   D.   On corner lots, no driveways shall be closer than fifteen feet (15') to the point of intersection of the front property line with the side property line which abuts upon a street. (Ord. 199, 11-14-1983)

Front yards and side yards of all dwellings which front on public streets must be landscaped, except that up to twenty five percent (25%) of the front yard or side yard which faces on a public street may be devoted to driveways and off street parking.

(Ord. 199, 11-14-1983)

Advertising signs shall be regulated as follows:

   A.   Signs In Residential Zones: No advertising signs of any kind shall be allowed in any residential zone, except signs pertaining to the sale or lease of residential property, and except for nameplates or signs indicating the existence of an office of a professional person or a home occupation.

   B.   Setback: All advertising signs shall be set back from public streets a distance at least equal to the distance that buildings are required to be set back within the zone in which said signs are located.

   C.   Information On Signs: Except in those zones where nonaccessory signs are permitted, all signs shall display thereon only information pertaining to products or services sold on the premises.

   D.   Permits Required: Regardless of cost, no sign shall be erected or placed within the city without first making application for, and obtaining a building permit therefor, except temporary window and political posters, temporary signs pertaining to the sale of adjacent property, and nameplates or identification signs indicating the existence of an approved home occupation or professional office. Permits required by said regulations shall be in addition to the building permit required in this title, and construction or placement of a sign shall not be commenced until all approvals and permits have been obtained.

(Ord. 199, 11-14-1983)

Any use which emits or discharges gases, fumes, dust, glare, noise, or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the state department of environmental quality or the board of health, any use which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering groundwater in amounts exceeding the standards prescribed by the state department of environmental quality or the board of health shall be prohibited.

(Ord. 199, 11-14-1983; amd. 2011 Code)

   A.   RVs: It shall be unlawful to place any recreational vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a recreational vehicle court.

   B.   Mobile Homes: It shall be unlawful to place a mobile home on any lot or parcel of land in an area covered by the zoning map and to use the same for human habitation, except in compliance with one or more of the following conditions:

      1.   When temporarily located on a lot on which a building is being constructed and connected to approved water and sewer facilities, but not to exceed one year.

      2.   When placed in a licensed mobile home park.

      3.   When placed on a zoning lot that complies with the regulations of the zone in which the mobile home is located, provided:

         a.   The mobile home and site comply with the use, width, location, height, size of building, and special provision requirements for structures within the zone.

         b.   The mobile home is independently connected to an approved water supply and sewage disposal facility.

         c.   The mobile home is constructed in accordance with the building code for mobile homes in effect within the city.

         d.   The mobile home is placed upon a permanent masonry type foundation or skirted by a permanent masonry type skirt.

         e.   That, according to the records of the county recorder, the lot and mobile home are in single ownership.

         f.   The mobile home will be entered upon the tax rolls of Caribou County as real property as evidenced by a letter or other proof from the county assessor. A list or form will be provided by the city to the county assessor.

(Ord. 199, 11-14-1983)

The following uses shall be permitted only after approval as set forth herein:

   A.   Home Occupations: The planning and zoning commission may grant a permit for a home occupation, subject to the following conditions:

      1.   Home occupations are permitted in the zone.

      2.   The home occupation is conducted entirely within a dwelling and is carried on in the dwelling only by members of the residing family.

      3.   The home occupation does not involve the use of any accessory buildings or yard space for storage or activities outside of the dwelling.

      4.   No commercial vehicles are used except one delivery truck which does not exceed one ton rated capacity.

      5.   The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling.

      6.   Signs are limited to one nonflashing sign not larger in area than two hundred twenty six (226) square inches. If lighted, the light shall be diffused or shielded.

      7.   Not more than the equivalent of twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation. (Ord. 199, 11-14-1983)

      8.   The home occupation shall be registered with the city clerk-treasurer. (Ord. 199, 11-14-1983; amd. 2011 Code)

      9.   Entrance to the home occupation from outside shall be the same entrance normally used by the residing family, except when required otherwise by regulation of the state health department or other public agency.

      10.   In the opinion of the planning and zoning commission, the physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located and does not depreciate surrounding residential values.

   B.   Small Lots: Where a parcel of land at the time of the adoption of this title is at least one and eight-tenths (1.8) times as wide and one and eight-tenths (1.8) times as large in area as required for a lot in the zone, the planning and zoning commission may permit the division of a parcel into two (2) lots, provided:

      1.   Such division will not cause undue concentration of buildings.

      2.   The characteristics of the zone in which the lot is located will be maintained.

      3.   In the opinion of the planning and zoning commission, values in the area will be safeguarded.

   C.   Utility Buildings And Structures Permitted: Water, sewer, and electric buildings and structures may be constructed in all residential zones subject to the approval of the planning and zoning commission. The planning and zoning commission may require conditions which are reasonably necessary to protect surrounding property values and residential amenities.

   D.   Frontage On Public Street; Minimum Width Reduced: Except as may be authorized through the approval of a large scale development, each lot shall abut upon a city maintained street. The length of said abutting side as measured at the setback line shall be not less than the minimum frontage requirement of the zone; provided, however, that the planning and zoning commission may authorize a reduction of the minimum frontage requirement subject to the following conditions of this section.

   E.   Uses Prohibited In Zones Unless Expressly Permitted: Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the planning and zoning commission pursuant to express authority under the terms of this title. The planning and zoning commission shall not permit a use within a zone which is not expressly permitted by the terms of this title, unless it can be shown that the use is similar to other uses permitted in the zone. Where the planning and zoning commission determines a use to be similar, such use shall thereafter be deemed to be a permitted use as if it were listed therein on the effective date hereof.

   F.   Moving Buildings; Permit Application, Information: No permit for the moving of any residential, commercial, or industrial building within the city, which has had prior use, shall be issued as required under section 10-2-3 of this title without first filing an application with the planning and zoning commission. Said application shall contain the following information:

      1.   Location and address of the old and new sites.

      2.   Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots.

      3.   Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the planning and zoning commission.

      4.   Certification by the planning and zoning commission that the structure is sound enough to be moved and that the condition, location, and use of the building will comply with this title and all other applicable codes and ordinances.

   G.   Findings Of Commission Prior To Approval Of Building Moving Permit Application: Before approving said application and authorizing the issuance of a permit, the planning and zoning commission must find:

      1.   That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved.

      2.   That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved.

      3.   That said building and the lot on which the building is to be located will conform to the requirements of this title and other applicable codes, ordinances, and regulations.

      4.   That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties.

      5.   That all required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city.

      6.   That adequate provision has been made through the posting of a bond or other assurance that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition.

   H.   Moving Mobile Or Manufactured Homes: The requirements of this section shall also apply to the moving of mobile homes, demountable homes, manufactured homes, and similar movable structures, except when being moved from outside the city into a mobile home park.

   I.   Transitional Uses: Uses which are permitted on either portion of a lot, which lot is divided by a zone boundary line or which is coterminous with a zone boundary line may be permitted to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted. Before a permit for such a use may be granted; however, the planning and zoning commission must find that the comprehensive plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby.

   J.   Adjust Or Reduce Off Street Parking Requirements: The planning and zoning commission may approve substitute parking locations and may reduce the amount of off street parking required where sufficient off street parking is readily available within the vicinity, and/or where acquisition of land for such use is unnecessary in order to carry out the spirit of this title.

(Ord. 199, 11-14-1983)

Foster care homes shall be permitted in all zones.

(Ord. 199, 11-14-1983)

   A.   Intent: The following regulations are provided to accommodate certain uses which are temporary or seasonal in nature.

   B.   Permitted Temporary Uses: Certain uses may be permitted on a temporary basis in any zone when approved by the city council. Said temporary uses may include, but will not be limited to:

Carnivals and circuses.

Christmas tree sales lots.

Construction storage yards when required in connection with a primary construction project.

Flower stands.

Music festivals.

Political rallies.

Promotional displays.

Rummage sales.

Tents for religious services.

   C.   Application For Temporary Use: Prior to the establishment of any temporary use, an application for a temporary use permit shall be submitted to and approved by the city council. Said application shall contain the following information:

      1.   A description of the proposed use.

      2.   A description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property.

      3.   Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

   D.   Approval Required: The city council may approve said application, provided the council finds:

      1.   That the proposed use is limited as a permitted temporary use or, in the opinion of the city council, is similar to those uses permitted.

      2.   That the proposed use will not create excessive traffic hazards or other unsafe conditions in the area, and that if traffic control is required, it will be provided at the expense of the applicant.

(Ord. 199, 11-14-1983)