A.   New Uses: No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

   B.   Special Uses: No building or structure, other than a building for special use, shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the zone in which the building is located.

   C.   Lots Of Record: Any separate lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other areas of open space may be utilized for single residence purposes, provided the requirements for such yard or court or lot area, width, depth or open space are within seventy five percent (75%) of that required by this title. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

   D.   Zoning Permits: Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this title and upon which building actual construction has been diligently carried on; and provided further, that such building shall be completed within one year. (Ord. 499, 4-16-2009)

   A.   Method Of Calculation: No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this title, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.

   B.   Encroachments Prohibited: The minimum yards or other open spaces, including lot areas required by this title for each and every building existing or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

   C.   Vision Clearance: No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. (Ord. 499, 4-16-2009)

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one dwelling on one lot unless otherwise provided in this title.

No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except, that in a two-story garage with living quarters upon the second floor, such quarters may be occupied for occasional use by guests. There may also be constructed a guesthouse without kitchen, or rooms for guests within an accessory building, provided such facilities are used for occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (Ord. 499, 4-16-2009)

No structure may be erected to exceed the height limits established by Custer County airport zoning ordinance no. 1, or of the zone in which it is located. Aerials or antennas designed for radio or for home television reception may be erected to a height not to exceed sixty feet (60') from the ground level, provided said aerial or antenna is erected on a building or in the rear yard area. (Ord. 499, 4-16-2009)

Accessory buildings, except as otherwise permitted in this title, shall be subject to the following regulations:

   A.   Where an accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this title applicable to the main building.

   B.   Accessory buildings shall meet the side yard restrictions as herein set forth for each zoning district. Accessory buildings may be placed up to the rear lot line which adjoins an alley, unless access to such accessory building is from the alley, in which event minimum setback from the alley shall be five feet (5').

   C.   No accessory building shall be used for temporary or permanent human occupancy. (Ord. 499, 4-16-2009)

No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this title. (Ord. 499, 4-16-2009)

An area indicated on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site or semipublic open space shall not be used for any other purpose, and when the use of the area is discontinued, it shall automatically be zoned residence A, until otherwise zoned. (Ord. 499, 4-16-2009)

Agricultural use is permitted in any zone or district provided for in this title, subject to the following conditions and specifications:

   A.   Cows, horses, goats, pigs, sheep, mules or burros shall be allowed; provided, that at least ten thousand (10,000) square feet of open lot area, exclusive of buildings, shall be provided for each animal. For these purposes, an unweaned animal at the side of its mother shall not be considered as a separate animal.

   B.   Poultry or rabbits or similar animals shall be allowed for noncommercial purposes in conjunction with the residential use of the lot. Poultry or rabbits and similar animals shall not be raised for commercial purposes except in areas and upon conditions and application therefor for a special use permit to the city council. Application for a special use permit shall be presented to the Challis planning and zoning commission and considered and processed by the city council in accordance with Idaho Code 67-6512 and any amendments thereto or the corresponding provisions of any future statute relating to special use permits.

   C.   All animals shall be properly fed, watered, maintained and cared for.

   D.   The land on which each animal is kept shall be fenced with good and sufficient fence, adequate to secure and confine each animal.

   E.   Each animal shall be kept, secured and confined in such a manner so as to prevent unnecessary or offensive odors or noises. (Ord. 499, 4-16-2009)

In considering any development application under this title, the planning and zoning commission shall consider the following questions to ensure the protection of private property rights under Idaho Code:

   A.   Does the regulation or action result in the permanent or temporary physical occupation of the property?

   B.   Does the regulation or action require a property owner to dedicate a portion of property or grant an easement?

   C.   Does the regulation deprive the owner of all economically viable uses of the property?

   D.   Does the regulation have a significant impact on the landowner's economic interest?

   E.   Does the regulation deny a fundamental attribute of ownership?

   F.   Does the regulation serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose? (Ord. 499, 4-16-2009)