Buhl City Zoning Code

CHAPTER 8

SCHEDULE OF USES

9-8-1: SCHEDULE OF LAND USE CONTROLS:

The following zoning schedule of land use controls is hereby adopted for the City and its impact area:

(Blank) = Not allowed

P = Permitted use

C = Conditional use

P-A = Permitted as accessory use

Land Uses

Zoning Districts

AG-20

AG-R5

R-1

R-4

R-6

R-16

R-P

B-1

B-2

B-3

I-1

I-2

Agricultural:

Accessory uses, agricultural1

Agricultural, general1

Animal, grazing and keeping of domestic farm animals2

Berry and bush crops

Flower gardening

Gardening (for home consumption)

Gardening, truck

Kennels, noncommercial

Mineral resources, natural (subject to State law provisions)

Orchards, tree crops

Plant nurseries

Poultry, fowl, rabbits, bees

Roadside stands3

Rock crushing

Subdivisions (dividing of land to continue Ag uses)6

Notes:

1. Any enterprise customarily carried on in the field of general agricultural which is not obnoxious or detrimental to the public welfare. No commercial slaughterhouses, dairy, or feedlot or livestock confinement operation is allowed in the city limits or city impact area.

2. Except pigs. Cows, horses, sheep and goats may be kept provided lots have an area of at least 5 acres. (Subject to section 9-5-5 of this title.)

3. For the display and sale of only those products raised upon the premises, provided it does not exceed an area of 200 square feet and 4 off street parking spaces are provided.

4. Except as provided in section 9-8-2 of this chapter concerning chickens.

5. Uses in the Airport Zoning District (AZ) should verify with the Airport Board and meet FAA regulations.

6. Any subdivisions of land can be no less than 10 acres.

(Blank) = Not allowed

P = Permitted use

C = Conditional use

P-A = Permitted as accessory use

Land Uses

Zoning Districts

AG-20

AG-R5

R-1

R-4

R-6

R-16

R-P

B-1

B-2

B-3

I-1

I-2

Residential:

Accessory uses, residential1

Boarding and rooming houses

Childcare centers

Dwelling, multiple-family

Dwelling, single-family

Dwelling, two-family duplex

C 4

Dwelling units2

Family childcare home (section 9-12-3 of this title)

P-A

Group care home

Group childcare home

Home for the aged (see Idaho Code section 67-6531)

Home occupation (subject to chapter 12 of this title)3

P-A4

P-A

Manufactured home (subject to chapter 11 of this title)

Mobile home (see chapter 22 of this title)

Mobile home park (see chapter 22 of this title)

PUD general planned residential

PUD planned residential development

RV park

Retirement home

Subdivisions (subject to chapter 24 of this title)

Temporary homes for care or lodging of adult indigent persons

Notes:

1. Uses normal and incidental to the uses permitted in each respective zoning district.

2. Provided the dwelling units are actually above any use permitted. No density limitation. Parking shall be provided in private parking areas or garages on the basis of 1 space per dwelling.

3. Certain types of home occupations require application for and issuance of a conditional use permit prior to establishment, see chapter 12 of this title.

4. Uses in the Airport Zoning District (AZ) should verify with the Airport Board and meet FAA regulations.

(Blank) = Not allowed

P = Permitted use

C = Conditional use

P-A = Permitted as accessory use

Land Uses

Zoning Districts

AG-20

AG-R5

R-1

R-4

R-6

R-16

R-P

B-1

B-2

B-3

I-1

I-2

Commercial:

Accessory uses, commercial1

Ambulance services

Antique

Appliance sales and service

Art supply

Auction sales (no livestock auction in B-1, B-2, B-3)

Automobile parts and accessories

Automobile sales, new and used

Bakery retail

Bakery, wholesale

Banks

Barber and beauty shops

Bicycle shop

Blood banks

Blueprinting

Boat storage

Bookstores

Bowling alleys

Building maintenance service

Business offices, general

Camera and supplies

Car washes

Carnivals, circuses, amusement parks (duration of more than 2 weeks)

Catering services

Chapels

Clinics, medical, dental and optical

Clothing

Cocktail lounges

Community shopping center

Confectionery

Convenience stores (subject to performance standards)

Curio and novelty

Dairy products, retail only

Dance halls

Dancing and music schools

Data processing

Day nursery

Delicatessen

Department stores

Drapery stores

Dress millinery

Dry cleaners, coin operated, custom and self- service

Dry cleaners, coin or attendant operated, no on site cleaning plant

Electrical and electronic supplies, retail

Entertainment and amusement (within a wholly enclosed building)

Fabric

Florist

Furniture

Game rooms

Garden supply

Gift

Golf, miniature

Grocery

Hardware

Health clubs

Hobby shops

Hotels

Jewelry

Kennels, commercial

Laboratories, biochemical and X-ray

Laboratories, medical and dental

Laundromat

Leather goods

Liquor stores, package

Lockers, cold storage, retail use only

Locksmith

Meat market

Mini-storage units

Mobile home, manufactured home and recreational vehicle sales

Mortuaries

Motels, and motor hotels

Museums

Music

Neighborhood shopping center

Newspaper printing

Nurseries, plant

Office supplies and equipment

Paint and wallpaper

Pawnshops

Pets

Pharmacy or drugstore

Photographic film processing, photoengraving, photocopying, etc.

Printing

Professional offices

Racetracks, including drag strips, go-cart tracks, etc.

Radio and television broadcasting

Recreational vehicle storage

Repair garage

Restaurants (except no drive-ins, walk-ups or alcoholic beverages)

Restaurants - drive-in

Restaurants - lounge with alcoholic beverages

Riding academy2

Secondhand (if conducted within a wholly enclosed building)

Service station

Sewing machine sales and service

Shoe repair

Shoes

Skating rinks, indoor

Small animal hospitals and clinics

Sporting goods

Stables, commercial2

Studios (artists, interior decorators, photographers, etc.)

Subdivisions (for commercial uses)

Surgical, medical and dental supplies and equipment

Tailor or dressmaking

Taverns

Telephone, computer, etc.

Theaters, drive-in3

Theaters, movie

Tobacco shops

Toys

Travel agencies

Treatment center for alcoholism/chemical dependency4

Upholstery, automobile and furniture

Variety

Veterinary, animal hospital or clinic

Wrecking yard, motor vehicle, trailer, truck

Notes:

1. Uses normal and incidental to the uses permitted in each respective zoning district.

2. Provided the lot area shall be no less than 10 acres.

3. Except at locations designated for future residential use or development on the comprehensive plan.

4. Conditional use permit required for residential or outpatient facilities.

5. Uses in the Airport Zoning District (AZ) should verify with the Airport Board and meet FAA regulations.

6. Any subdivisions of land can be no less than 10 acres in the Airport Zoning District (AZ).

(Blank) = Not allowed

P = Permitted use

C = Conditional use

P-A = Permitted as accessory use

Land Uses

Zoning Districts

AG-20

AG-R5

R-1

R-4

R-6

R-16

R-P

B-1

B-2

B-3

I-1

I-2

Industrial:

Accessory uses, industrial1

Administrative and sales offices related to industrial uses

Agricultural machinery, sales and service

Agricultural supplies

Asphalt batching

Automobile body, paint shop

Building materials

Concrete batching and mixing

Equipment rental yards

Equipment sales

Feed and seed processing and sales

Grain storage, shipping and handling

Hatcheries

Impound/storage yard, vehicles

Incineration or reduction of garbage, dead animals, offal or refuse

Laboratories, experimental, film or testing

Manufacture and preparation of food products

Manufacture, assembly or packaging of products2

Manufacture of electronic instruments and devices

Manufacturing, compounding, bottling, processing, packaging or treatment of food and beverage products

Manufacturing, compounding, processing, assembling, packaging treatment, or fabrication of products listed4, provided the applicable performance standards are adhered to

Manufacturing, warehousing, wholesaling, compounding, assembling, processing, storing, researching, treating or testing or a combination thereof of items, materials or goods

Plumbing supplies and services

Public utility buildings

Radiator service and repairs

Research facilities, administrative and executive

Retail sales/service incidental and directly related to industrial uses

Salvage yards

Slaughterhouses

Subdivisions (for industrial uses)

Truck repair shops

Truck sales

Trucking yards and terminals

Utility buildings and uses

Warehouse, distribution and wholesale3

Notes:

1. Uses normal and incidental to the uses permitted in each respective zoning district.

2. From previously prepared materials such as cloth, plastic, metal, paper, leather, and precious or semiprecious stones.

3. In I-1 Zones, all items shall be enclosed within site obscuring walls or fences.

4. Blueprints, boats, ceramics, communication components and systems, cosmetics, creameries, drugs, electrical components and systems, farm equipment, films, garments, glass, greenhouses, instruments, iron steel, and sheet metal, provided no blast furnaces allowed; leather, novelties, paint, provided no boiling is allowed; paper and cellophane, except no manufacturing; perfumes, plaster and plastics, except no manufacturing; signs, soil, stone monuments, textiles, tires, limited recapping, retreading and rebuilding, tobacco, toiletries, upholstery, wood but excluding operation of planning mills, and other similar items (except food) which shall not have any different or more detrimental effect upon the adjoining neighborhood areas.

5. Uses in the Airport Zoning District (AZ) should verify with the Airport Board and meet FAA Regulations.

6. Any subdivisions of land can be no less than 10 acres in the Airport Zoning District (AZ).

(Blank) = Not allowed

P = Permitted use

C = Conditional use

P-A = Permitted as accessory use

Land Uses

Zoning Districts

AG-20

AG-R5

R-1

R-4

R-6

R-16

R-P

B-1

B-2

B-3

I-1

I-2

Public/semipublic:

Accessory uses, public/semipublic1

Airports, heliports, landing fields, etc.

Animal shelters

Auditoriums

Bus terminals

Cemeteries, mausoleums

Churches

Clubs, lodges, meeting halls (public or private)

Community centers

Crematories

Garbage dumps, sanitary landfills

Golf courses, driving ranges

Grange halls

Public/semipublic:

Hospitals/clinics

Parking areas, private

Parking areas, public

Parking garages, public (no vehicle sales or storage areas in B-2)

Parks, playgrounds, open space (subject to chapter 12 of this title)

Planned unit development (subject to chapter 24, article F of this title)

Post offices

Prisons, jails, etc.

Public/semipublic buildings2

Public service facilities

Public uses

Public utility/utility

Radio towers/transmitters

Sewage and waste treatment plants

Schools and colleges

Sports facilities

Subdivisions (for public/semipublic uses)

Notes:

1. Uses normal and incidental to the uses permitted in each respective zoning district.

2. Only those uses essential to the physical or economical welfare of an area. Interior yards for these uses shall be a minimum of 25 feet and there shall be no stockpiling or storage of materials.

3. Uses in the Airport Zoning District (AZ) should verify with the Airport Board and meet FAA Regulations.

4. Any subdivisions of land can be no less than 10 acres in the Airport Zoning District (AZ).

(1974 Code § 4-901; amd. Ord. 970, 4-22-2013; Ord. 973, 12-9-2013; Ord. 2025-1, 1-27-2025; Ord. 2025-3, 3-24-2025; Ord. 2025-4, 3-24-2025; Ord. 2025-9, 6-9-2025; Ord. 2025-13, 10-27-2025)

9-8-1-1: LAND USE VIOLATION:

Any person or corporation, whether owner, lessee, principal, agent, or otherwise, who uses any land in violation of any of the provisions of this chapter shall be guilty of an infraction. Each week's continued violation shall constitute a separate additional violation. (Ord. 991, 10-11-2018)

9-8-2: LIVESTOCK AND POULTRY:

A. Within any of the residential zoning districts of the City, which are located within the City limits, it shall be unlawful to use the land for the keeping or housing of poultry or livestock, except chickens (hens only) may be kept in the back yard of a residence subject to the following conditions:

1. Permitted Location: Kept in a fenced in back yard of a residence.

2. Roosters Prohibited: No roosters are allowed.

3. Running At Large Prohibited: Not allowed to run at large.

4. Prohibited Locations: Not allowed in front or side yards of the residence.

5. Noncommercial Use Only: Kept for noncommercial use only, such as for family consumption, or 4-H or school projects, etc.

6. Application: Any person or persons desiring to keep chickens on real property inside the City, regardless of the ownership of the real property where such chickens shall be kept or the ownership of the chickens themselves, must first file an application with the City.

7. License Required: A license for keeping or maintaining chickens shall be granted subject to the application meeting the following specifications and requirements:

a. Four Or Less Chickens: For four (4) or fewer chickens the base application process will consist of the application form with name, address, phone number, type and number of chickens and type and size of property where chickens are confined and ranged.

b. More Than Four Chickens: For more than four (4) but not to exceed ten (10) chickens with no more than one chicken per five hundred (500) square feet of open back yard space. The application process will consist of the application form with name, address, phone number, type and number of chickens, type and size of property where chickens are confined and ranged and written consent to such chicken license by at least seventy five percent (75%) of all the persons in possession of premises within a radius of one hundred feet (100') of the premises upon which such chickens are to be maintained.

c. Fee: The application shall be accompanied by the deposit of a license fee set by resolution of the City Council.

d. License Nontransferable; Addition To Number Of Chickens: Chicken license shall not be transferable to another location or to other individuals and shall expire December 31 of the year issued. Whenever additions are made to the number of chickens for which a chicken license has been issued, the licensee shall, within three (3) days, report to the Office of the Clerk- Treasurer and pay the required license fee; provided, however, that whenever chicks are hatched, such chicks shall not be counted in computing the number allowed and the license fee until four (4) months old.

e. Renewal: Chicken licenses may be renewed upon expiration by filing an application and paying required fees.

f. Distance Requirements: All chicken enclosures must be at least ten feet (10') from any fence line, and be located in the back yard.

g. Free Range: Chickens are allowed to be free range in a fenced back yard.

h. Inspection; Right Of Entry: It shall be the duty of the Code Enforcement Officer to inspect, or cause to be inspected, chicken facilities for which licenses under this section have been issued as often as it may be necessary for the adequate control and supervision of such facilities. The Code Enforcement Officer, or designee, shall have the right to enter all such facilities at any reasonable time for the purpose of making necessary investigations and inspections, and shall be charged with the responsibility of enforcing and administering the provisions of this section.

i. Certain Dwellings And Facilities Prohibited: No permit will be issued for two-family dwellings (duplex), multi-family dwellings, or commercial facilities.

8. Nuisance Prohibited: The keeping of chickens shall not create a nuisance as defined in subsection 4-5A-1C of this Code.

9. Disposal Of Waste: The disposal of offal or waste materials from chickens and dead chickens are items excluded from City collection as defined in section 7-3-8 of this Code.

10. Complaint Procedures: Complaints regarding offensive animal related activities shall be handled by the Code Enforcement Officer or the authorized representative in the following manner: Objections shall be reviewed upon receipt of a written complaint from any household located within three hundred feet (300') of the affected property. Said complaints shall set forth the nature of the objection.

11. Complaint Investigation: Such complaints shall be investigated and findings reported, in writing. Standards for judging complaints shall include:

a. Noise in excess of that compatible with normal residential use (either in terms of volume or hours of occurrence).

b. Odors, flies or dust in excess of that compatible with normal residential use.

c. Trespassing of animals onto adjacent property.

d. Lack of maintenance of animal raising or grazing area. This includes, but is not limited to, cleanup of manure and proper repair of fencing or other enclosures.

12. Action By Code Enforcement Officer: The Code Enforcement Officer or the authorized representative, upon investigation and in consultation with area residents, may:

a. Approve the situation as it exists.

b. Require all or a portion of the animals to be eliminated.

c. Impose appropriate restrictions such as, repair of fencing or other enclosures, limiting the location of animals on the property, cleanup of manure, establishing a phase out period, or other measures to ensure compatibility with a residential setting.

d. Action by the Code Enforcement Officer shall become final fifteen (15) calendar days after the date of notification of the decision to the affected party unless appealed to the City Council.

13. Appeals: Appeals shall be brought before the City Council.

B. Poultry or livestock presently kept or maintained prior to passage of this title shall be allowed to continue subject to the restrictions set forth in chapter 5 of this title. (Ord. 973, 12-9-2013)