A. The regulations for each zoning district set forth by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise specifically provided by this title.
B. Construction And Placement:
1. All required setbacks shall be measured from the greatest architectural projection of the building or structure to the nearest property line or other measurement point established by this title.
2. Each part of a required yard shall be open to the sky, unobstructed by other buildings or structures, except for cornices, gutters, eaves, bay windows, or other similar above-ground architectural projections, which shall not encroach more than two feet (2') into any required yard. The structure or building shall be constructed and maintained to contain stormwater and snow shed on site.
3. All single-family dwellings converted to multi-family dwellings must conform to the latest edition of the adopted building codes.
4. Any existing single-family dwelling converted to a multi-family dwelling shall contain at least four hundred (400) square feet of livable floor area per dwelling unit.
5. Structures may be placed or constructed across legally created, contiguous parcels or lots under the same ownership, provided the landowner records a lot combination agreement on a form provided by the city that states the land is considered one for the purposes of development. The city may then consider the lot or parcel as one for the application of zoning standards.
6. The zoning administrator may grant the following administrative exceptions to setback requirements:
a. An exception not to exceed one foot to any setback or height standard, upon a showing of undue hardship or extraordinary physical conditions of the property or structure.
b. Exceptions to front or corner yard setbacks if the applicant demonstrates to the satisfaction of the zoning administrator that more than fifty percent (50%) of the structures on the same side of the street within the same block as the subject property are less than the required setbacks from the property lines. The zoning administrator may grant an exception to allow a structure to be built or placed in conformity with the front building lines of the majority of the buildings erected on any such lots, but not less than ten feet (10') set back.
c. Public, semipublic or public service buildings, hospitals, sanitariums, schools or churches, when permitted in a district, may exceed the height allowed in the district where they are located, if approved through the special use permit or variance process, provided the exception is approved by the fire chief.
7. Where a zero lot line setback is indicated in the schedule of building standards of this title, the structure shall meet the minimum adopted building code requirements for setbacks and zero lot line construction.
8. Where the maximum height stated in the schedule of building standards of this title differs from the adopted building code standards, the adopted building code standards shall prevail.
9. Buildings shall not project into or over a public right-of-way except for awnings, eaves, parapets, or signs, where allowed in this title. No awning, eave or parapet shall be closer than two feet (2'), measured in horizontal distance, to the curb and shall be at a minimum eight feet (8') above the adjacent or closest grade that the public uses for walking, parking or other public uses.
10. A recorded common/party wall agreement addressing construction, maintenance, repair, and rights of access is required to be filed with the city for zero setback/shared wall construction, where permitted by this title.
1. Fences shall not exceed seven feet (7') in height. Fence height shall be considered the vertical distance from natural grade of the property at the base of the fence to the highest point on the fence or fence structure, including finials, posts, latticework, screens, rockery bases, or other fence features. A gate or arbor serving an entryway to the yard shall be permitted to a maximum nine feet (9') in height and four feet (4') in width.
2. Fences not exceeding seven feet (7') in height may be located on the property line. Fences exceeding the height limit are defined as structures and shall meet the minimum structure setback requirements of the respective zoning district.
3. No fence, wall, or shrubbery shall obstruct or interfere with traffic visibility. Nothing shall be erected, planted, or placed that impedes traffic vision through the sight triangle, as defined in Idaho Code.
D. Removal Of Traffic Hazards:
1. The owner(s) of real property have the responsibility to remove from their property any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or highway signs, buildings and trees, where these sight obstructions constitute a potential traffic hazard. Sight obstructions shall not be permitted within the "sight triangle" as defined in Idaho Code.
2. When the City Engineer or designee determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, the city engineer or designee shall notify the owner and order that the hazard shall be removed by the owner within fifteen (15) days.