Council City Zoning Code

CHAPTER 4

LAND USE ZONES AND BOUNDARIES

10-4-1: ZONING DISTRICTS ESTABLISHED:

The City is divided into three zoning districts as established by the prior code and existing official zoning map of the City. The three zones are as follows:

A. Residential Zone (“R”): The purpose of the Residential zone is to provide areas for residential neighborhoods containing single- and multi- family dwellings, and to protect those uses from conflicts and nuisances arising from commercial and industrial activities, and uses conducted in violation of this Code. Uses permitted, permitted conditionally, or prohibited in the Residence Zone are set forth in the Land Use Table in Section 2 of this Chapter.

Lot And Yard Requirements:

1. Minimum Lot Area: Seven thousand five hundred (7,500) square feet.

2. Minimum Lot Width: Seventy five feet (75'). See title 11 of this code.

3. Yards:

a. Front Yard: Not less than twenty five feet (25') or the established setback line. See title 11 of this code.

b. Side Yards: Seven and one-half feet (71/2') from eaves to property line, with a combined total of both side yards of not less than fifteen feet (15') from eaves to eaves.

c. Rear Yard: Not less than fifteen feet (15').

Building Height: The height restrictions for the residence district shall be two and one-half (21/2) stories, but not exceeding thirty five feet (35').

B. Commercial Zone (“C”): The purpose of the Commercial Zone is to provide areas reserved for commerce, to fulfill the need for retail and service trade area within the community, including along highway corridors, and to further economic activity and development free from conflicts with residential and industrial activities, and uses conducted in violation of this Code. Uses permitted, permitted conditionally, or prohibited in the Commercial Zone are set forth in the Land Use Table in Section 2 of this Chapter.

Bulk And Area Requirements:

1. Minimum Lot Area: No minimum lot area shall be required.

2. Minimum Lot Width: Minimum lot width for buildings containing any dwelling units shall be the same as in the residence district. No minimum lot width for any other buildings shall be required.

3. Yards:

a. Front Yard: The front yard shall be not less than five feet (5') from the property line or the established setback line, whichever is less.

b. Side Yards: Side yards are not required unless a lot adjoins any residential district, in which case, a minimum ten foot (10') side yard shall be required.

c. Rear Yard: No rear yard is required except where vehicular access to or from an alley or required loading space requires same. In which case, there shall be determined the necessary setback.

4. Minimum Open Space: Minimum open space shall be ten percent (10%).

5. Building Height: Height restriction for the C commercial districts shall be four (4) stories but in no event to exceed fifty feet (50').

6. Off Street Parking And Loading: Off street parking and loading for the C commercial district is required as provided in section 10-4-6 of this chapter.

7. Sewer And Water: Sewer and water hookups to public sewer and water lines shall be in accordance with the water and sewer hookup ordinance.

8. Public Ways: Street, sidewalk, curb and gutter regulations shall be in accordance with the city sidewalk ordinance.

C. Industrial Zone (“I”): The purpose of the Industrial Zone is to provide for an encourage suitable areas in which industrial uses may locate and operate, substantially free from residential and commercial use conflicts. Uses permitted, permitted conditionally, or prohibited in the Industrial Zone are set forth in the Land Use Table in Section ___ of this Chapter. Industrial uses of all types shall conform to the following performance standards:

1. Smoke: All of Idaho is subject to IDAPA 16.01.1000 et seq. (rules and regulations for the control of air pollution in Idaho), the Idaho environmental protection and health act, Idaho Code section 39-101 et seq., and the applicable permits, orders and decrees to determine compliance with Idaho air quality regulations.

2. Fly Ash: No particles from any flue or smokestack shall exceed two-tenths (0.2) grain per cubic foot of the blue gas at a stack temperature of five hundred degrees (500°).

3. Dust: No dust of any kind produced by the industrial operation shall be permitted to escape beyond the confines of the building in which it is produced.

4. Odor: No noxious odor of any kind shall be permitted to extend beyond the lot lines.

5. Gases And Fumes: No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.

6. Vibration: No intense earthshaking vibrations shall be created or maintained by any industry beyond the property lines of the tract on which it is located.

7. Noise And Sound: A maximum of seventy (70) decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness. Sound may equal but not exceed street traffic noise in the vicinity during a normal shift work period.

8. Lot, Yard and Landscaping Requirements:

a. Lot Area: No minimum.

b. Minimum Lot Width: None.

c. Yards:

(1) Front yard: Same as the commercial districts.

(2) Side yards: None required except adjacent to a residential district, in which case, it shall not be less than twenty five feet (25').

(3) Rear yard: None required except adjacent to a residential district, in which case, it shall be not less than twenty five feet (25').

d. Open Spaces: All parkway areas are to be landscaped and maintained as open space except where access driveways and walks preclude such landscaping. In no event should parkway areas be used to provide required parking or loading space.

9. Building Height: None.

10. Off Street Parking And Loading: As required in section 10-4-6 of this Code. (Ord. 536, 6-10-2025)

10-4-2: ZONING MAP ADOPTED:

This title shall consist of the text hereof as well as that certain map identified by the approving signatures of the Governing Body, marked and designated as “zoning map”, which said map, together with three (3) copies thereof, is now on file in the Office of the City Clerk. Said map has been heretofore examined in detail by the Governing Body, has been made available to the public at public hearings and is hereby adopted as a part of this title, but this title and said map shall be subject to change from time to time as may be determined by the Governing Body. (Ord. 536, 6-10-2025)

10-4-3: BOUNDARIES ESTABLISHED ON ZONING MAP:

The boundaries of the zones as designated by this title shall be established and clearly marked upon the zoning map as adopted in section 10-4-2 of this chapter. (Ord. 536, 6-10-2025)

10-4-4: UNCERTAINTY OF DISTRICT BOUNDARIES:

Where uncertainty exists about the location of any district boundary shown on the official zoning map, the following rules shall be used to resolve the uncertainty:

A. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary.

B. Where a district boundary approximately follows a street, alley or railroad line, such street, alley or railroad centerline, or the extension of such line, shall be construed as the district boundary.

C. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline. (Ord. 536, 6-10-2025)

10-4-5: LAND USE TABLE:

The table below lists land uses and the columns to the right of the listed uses represent the three zoning districts. If a listed use is permitted in the zone, a “P” will appear in the box. If a use is conditional in a zone, a “C” will appear in the box. If a use is prohibited in the zone, the box will be empty. If a use is permitted as an accessory use to a principal use in the zone, “PA” will appear in the box. If a contemplated use is not listed in this table, see section 10-5-1 -A-1 for either interpretation of the use or procedures to seek amendment to the table. For convenience only, uses are grouped under broader heading category types, but those category type groupings are not controlling for purposes of interpreting land use definitions in applying the provisions of this Title.

LAND USE TABLE:

District abbreviations: R-Residential, C- Commercial, I- Industrial Use abbreviations: P-Permitted, C- Conditional Use, PA- Permitted Accessory Use
LAND USES	R	C	I
Agricultural uses (as regulated by this title)			C
Auction/livestock			C
Dairy (not permitted)
Farm products and warehousing		C	P
Farm products/seasonal sales		C	P
Slaughter/meat packing (not permitted)
Stables/riding			C
Stockyard/feedlot			C
Abstract and title company		P
Accountants	C	P	C
Adjusters	C	P	C
Administrative offices		P	C
Advertising agency		P
Air cleaning equipment		P	P
Air condition/refrigeration/heating sales and repairs		P	P
Alarm systems		P	C
Aligning service		P	P
Siding and roofing contractor and sales		P	P
Amusement center/indoors (see Recreation facilities)		P	C
Animal grooming	C	P
Animal hospital and kennel, large animal		C	C
Animal hospital and kennel, small animal		P	C
Animals/small or domestic	PA	PA	PA
Answering service	C	P	C
Antiques (with miscellaneous retail)		P
Appliance stores/repair		P	P
Appraiser	C	P
Architects	C	P
Art galleries and supplies		P
Attorneys	C	P
Auction houses		P	C
Auctions/miscellaneous		P	C
Audio visual sales and repair		P
Audiologist	C	P
Auto body shop		P	P
Automobile and light truck dealer with repair (new or used)		P	P
Automobile and light truck repair		P	P
Automobile storage, used or salvage, exceeding two vehicles		C	C
Automobile parts, retail new		P	P
Automobile parts retail or storage; used or salvage		C	C
Bakeries (retail/product sold on site)		P
Bakeries (wholesale)		P	C
Banks and savings and loans		P	C
Barber and beauty shop/1 chair		P
Barber and beauty shops	C	P
Bars, taverns, clubs		P
Bed and breakfast/boarding rooms	C	P
Bicycle dealers and repair		P
Billiard and pool rooms		P
Blacksmith shops		C	P
Boat dealer sales and service		P	P
Book store with miscellaneous retail		P
Bowling alley		P
Bridal shop		P
Broadcasting tower for radio/TV		C	P
Building supply		P	P
Bus company (charter or rental)		P	P
Bus terminal		P
Business office equipment/sales and repair		P	C
Call Center		P	C
Car washes		P	C
Caretakers/watchman sleeping quarters		PA	PA
Carpet sales		P
Casino / Gaming Facility			C
Catalog stores		P
Catering service	C	P
Children’s shops, clothing, furniture, toys		P
Chiropractors	C	P
Church supplies/retail sales		P
Classes/piano, dance, ceramics, craft (more than 5 students)	C	P
Clinic/medical (human)	C	P
Clothing stores/new and used		P
Communication tower/radio/TV (see Broadcasting tower)
Convenience stores		P	C
Copying and duplicating service (no retail sales)		P	C
Dance supplies/retail		P
Delicatessen		P
Dental lab		P
Dentists and orthodontists	C	P
Department store		P	C
Drive-up windows		C	C
Drugstores/retail and prescriptions		P
Dry cleaners		P	C
Electrical supply and repair		P	P
Employment agencies office		P
Engineers (office)	C	P	P
Engravers		P
Entertainment facilities (see Recreation facilities)
Equipment dealer/sales or rental, truck, farm		P	P
Equipment rental (small/miscellaneous)		P	P
Equipment storage/contractor, public agencies		P	P
Equipment storage outdoor nonenclosed		C	C
Exercise facility/gym		P
Fabric shop		P
Flea market (indoor)		P
Flea market (open air)		P	C
Florist greenhouses		P	P
Florist shop		P
Food/grocery stores and supermarkets		P	C
Food processing			P
Frame shop (art or photography)		P
Fuel station		P	P
Fuel station with convenience store		P	P
Fuel station with repair garage		P	P
Funeral Home, including crematorium		C	C
Furniture and appliance (new or used)		P
Furniture refinishing/upholstering		P	P
Garage (parking)		P	P
Garage, detached, accessory to principal use	P	P	P
Garage or shop, detached, standalone	C	C	P
Garden shop/supplies		P	P
Gift shop		P
Glass company (auto, plate, window)		P	C
Hardware store		P	P
Health food store		P
Heating and air conditioning		P	P
Helicopter/air ambulance landing pad	C	P	P
Helicopter service (permitted at city airport)			C
Hobby shops/crafts		P
Hospital	C	P
Hotel/motel		P
Ice cream shop		P
Insurance agency		P
Interior decorators with retail		P
Irrigation equipment and sprinklers		P	P
Janitorial services (office)		P
Janitorial supply and equipment		P	P
Jewelry store		P
Kennels / Animal Boarding		C	P
Laboratory		P	P
Laundry and cleaners (commercial)		P	P
Laundry and cleaners (self-service)		P	C
Liquor store		P
Lockers/food		P	P
Lumberyards (see Building supply)
Machine shop		C	P
Machine shop-light incidental to automotive repair		P	P
Mixed use (commercial and residential)	C	C
Manufactured home/trailer/RV sales		P	P
Meat market (no processing)		P
Mortuary	C	P	C
Motorcycle sales and repairs		P	P
Muffler and exhaust systems		P	P
Music stores (instrument and record)		P
Newspaper office		P	C
Office, miscellaneous		P	C
Ophthalmologist	C	P
Optician/retail sales		P
Optometrist	C	P
Outdoor display/sales		C	C
PUD/planned unit development	C	C	C
Paint store/miscellaneous retail		P	P
Park/commercial		P	C
Park/playground private	P	C
Park/public	P	C
Parking lot (public or commercial)	C	P	P
Parking area, accessory use, vehicle capacity not exceeding two	P	P	P
Parking lot, accessory to primary use, vehicle capacity in excess of two	C	P	P
Pawnshop/secondhand		P
Pet store and supplies/grooming small animals		P
Pharmacy (prescriptions only)	C	P
Photographer’s studio		P
Physical therapist	C	P
Physicians	C	P
Plumbing supplies and sales (enclosed)		P	P
Plumbing supplies/open storage		P	P
Podiatrist	C	P
Pond(s), settling, etc., as connected to a specific business			C
Pond(s), storm drainage	C	C	C
Power tools, machinery/sales and repairs		P	P
Print shop (small)		P
RV park, overnighters		C	P
Radio, television sales and repairs		P
Radio, television station (see Broadcasting tower)
Real estate sales office/on site	PA	PA	PA
Realtors		P	P
Recycling centers (indoors)		P	P
Recycling centers (outside)		C	C
Rental service/large equipment (outside)		P	P
Rental service/miscellaneous		P	P
Restaurant- drive-in		C	C
Restaurant with dining room		P	C
Retail store (miscellaneous)		P
Rifle/pistol range		C	C
Rock shop (enclosed) no rock crushing		P	P
Roofing sales or contractor shop		P	P
School/art, dance (see Classes)
School/trade or industrial		P	C
Secondhand or salvage goods sales (may require license)		P
Sexually Oriented Businesses		P
Shoe repair and sales		P
Shopping centers		P	C
Sign shop		P	P
Snowmobile dealer and repair		P	P
Spa/health & wellness center		P
Sporting goods store		P	C
Stone, marble, granite, rock grinding/cutting		C	P
Storage: auto, boat, RV, bus/truck, farm equipment, etc.		C	P
Storage: outdoor, not in enclosed building	C	C	C
Storage: auto, boat, RV, not exceeding two total, accessory to residential use	P	P	P
Storage buildings/large (see Warehouse)		C	C
Storage units/mini		P	P
Tannery			C
Taxi service		P	P
Taxidermy		P	P
Temporary outdoor sales	P	P	P
Tire shop/sales		P	P
Tool and die shops		P	P
Trucking/transit terminal with repair		C	P
Upholstering shops		P	P
Vegetable/produce stands (seasonal/outside)		P	P
Vending cart
Veterinary service/hospital, large animal		P	P
Veterinary service/hospital, small animal		P	P
Warehouse/storage		P	P
Wholesale establishment/distribution		P	P
Wind Energy System (small)	C	C	C
Yard sales/garage	PA	PA	PA
Zoo/petting zoo (permanent)		C	P
INDUSTRIAL
Acoustical contractors and materials		P	P
Aircraft charter, rental and lease office only		P	P
Aircraft landing field			C
Aircraft/parts and sales		P	P
Asphalt mix and equipment			C
Automobile wrecking and salvage			C
Batching equipment			C
Bulk storage/acid or alkali, chemical, creosote, fertilizer, fireworks, gas, flammable or combustible petroleum products			C
Cabinet shop/manufacturing		C	P
Cement plants and gravel (no pit)			C
Chemical storage and manufacture			C
Composting			C
Concrete block and shapes/manufacturing or sales		C	P
Contractor’s shop and yard		C	P
Energy production facility			P
Fuel/bulk storage/distribution (flammable)		P	P
Gravel, cement, sand			P
Hazardous/toxic materials facility			C
Incinerators		C	C
Junkyard			P
Manufacturing/light/not offensive by reason of emission of odor, dust, smoke, gas, light, noise, electrical. Compatible with adjoining uses.		C	P
Manufacturing/outside storage			P
Mining/dredging, loading, processing			C
Planing mill/sawmill			C
Power plant (see Energy production facility)
Public utility transmission facility, i.e., power/water lines	P	P	P
Public utility yard/structures/service facility		P	P
Salvage yard; wrecking yard			C
Sanitary landfill (not permitted)
Sheet metal fabrication shop		C	P
Smokestack			C
Well drilling company and equipment storage			P
Waste Transfer station			C
PUBLIC / SEMI PUBLIC / ASSEMBLY / RELIGIOUS
Amphitheater (Outdoor)		C
Auditoriums (public/private)	C	P
Cemetery		C	C
Churches/religious facilities	P	P	C
Clubs and lodges/no liquor/nonprofit	P	P
Clubs and lodges with liquor (see Bars, taverns, clubs)		P
Daycare/child or adult	C	P
Golf course	C	C	C
Government building/industrial character		C	P
Government office/nonindustrial character		P
House church, congregation not exceeding ten persons	P	P
Jail / Detention Facility		C	P
Outdoor assembly	C	P	C
Public buildings/uses		P	C
Recreation facilities/enclosed		P	C
Recreation facilities/outside		P	C
Recreation facilities/public	C	C	C
Schools and accessory/public, private, parochial	C	P	C
Senior citizen center	C	P
Theaters (inside)		P
Theaters (outside)		P
Welfare/charitable institutions (nongovernment)		P
Youth center		P
RESIDENTIAL
Apartments (see Dwellings)
Dwelling/conversions	C
Dwellings/commercial (mixed use/single unit)	C
Dwellings, duplex and attached single-family	P
Dwellings, multiple with more than 4 units	C
Dwellings, multiple with 3-4 units and townhouses	C
Dwelling, single-family	P
Garage/carport (residential)	PA
Group care facility	C	P
Group home/no more than 8	C	P
Handicapped residence	P	C
Halfway house	P	P
Manufactured comm. units (individual lots/temporary)		C	C
Manufactured home park	C
Manufactured home subdivision	C
Manufactured homes (class A/individual lots)	P
Nursing home/retirement home	P	P
Short-term or vacation rental	P	C
OTHER
Accessory buildings to principal use	PA	PA	PA

(Ord. 536, 6-10-2025)

10-4-6: OFF STREET PARKING AND LOADING:

A. Parking Requirements:

1. All home occupations and retail shops, conditionally approved in their respective zones, shall provide off street parking areas.

2. Use Restrictions: Parking facilities shall be used for operational vehicle parking only. No sales, dead storage, repair work, dismantling or servicing of any kind shall be permitted;

3. Design:

a. Ingress and egress of parking structures shall be designed with due regard for visibility and safety;

b. Parking structures shall be served by a service drive so that no backward movement or maneuvering of a vehicle within a street/alley shall be required. In no case shall one-way and two-way driveways be less than twelve feet (12') and twenty feet (20') wide, respectively;

c. Each off street parking space shall be a minimum of nine feet (9') wide and twenty feet (20') in length; and

4. Number Of Parking Spaces: The following requirements are hereby established for determining the number of parking spaces required:

Type Of Use	Number Of Parking Spaces
Churches	1 for each 5 seats or each 90 inches of pew length
Hospitals, nursing homes and clinics	1 for each patient bed
Manufacturing	1 for each 800 square feet of gross floor area
Motels/hotels	1 per unit and 2 for manager and registering guests
Multiuse structures	1 for each 100 square feet of gross floor space
Restaurants/bars	1 for each 3 seats or each 72 linear inches of booth space
Retail stores (with bulky merchandise)	1 for each 600 square feet of gross floor space
Schools	11/2 for each teaching station, plus 1 for each 10 seats in the auditorium and/or gymnasium
Other businesses	1 for each 300 square feet of gross floor area on the first floor

The term “gross floor area” shall mean that area to which the general public is admitted for transaction of retail trade.

B. Parking Area Improvements:

1. All parking lots and areas shall be constructed of asphalt, concrete or crushed rock and compacted. All parking areas shall be graded so as not to drain stormwater over public sidewalks onto any adjoining private property or public thoroughfare;

2. Provisions must be made by the owner of the parking lot for snow removal. Snow shall not be plowed into a windrow that interferes with clear vision triangles regarding ingress and egress from said lot; and

3. Any lights provided to illuminate any public or private area or vehicle sales area shall be so arranged as to reflect the light away from any abutting or adjacent residential land use zone.

C. Loading Facilities: All businesses requiring complete new construction shall provide for loading space off street. This space shall be logically and conveniently located for bulk pick ups and deliveries and scaled to the delivery vehicles expected to be used, and all off street loading spaces shall be located totally outside any street/alley right of way. (Ord. 536, 6-10-2025)

10-4-7: FENCES:

The following regulations shall apply to all zones unless specifically designated otherwise:

A. Front Yard: No sight obscuring fence, hedge, wall, latticework or screen shall be erected over thirty six inches (36") in height in the front yard.

B. Maximum Height: No sight obscuring fence, hedge, wall, latticework or screen shall be erected which exceeds a height of seven feet (7') on any lot, unless authorized by a conditional use permit.

C. Conditional Uses Abutting Residential: A sight obscuring fence may be required by the planning and zoning commission for any conditional use which abuts any lot zoned for residential purposes.

D. Condition And Maintenance: Where any sight obscuring fences are required by this title to protect adjacent properties, said fence shall be painted or stained a single solid color, and shall be kept free from advertising and shall be maintained in good repair.

E. Electric Fences: Electric fences are prohibited.

F. Barbed Wire Fences:

1. Barbed wire fences will not be allowed in any residential subdivision, except by conditional use.

2. Barbed wire may be permitted in commercial or industrial zones only when used as the top section for security fences and shall be a minimum of six feet (6') above grade. (Ord. 536, 6-10-2025)

10-4-8: ACCESSORY STRUCTURES:

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

A. Where an accessory structure is attached to a main building, it shall be subject to and conform with regulations of this title which are applicable to the main building.

B. Accessory structures shall not be located nearer than five feet (5') from an interior lot line and not nearer than five feet (5') to the rear lot line, unless otherwise provided herein.

C. No detached accessory building shall be located closer than five feet (5') to any main building or other structures.

D. An accessory building may be erected prior to the establishment or construction of the principal use or building if a conditional use permit is obtained.

E. Unless a conditional use permit is obtained, no accessory structure shall exceed the principal structure in height and square footage.

F. Swimming pools shall be considered as accessory structures when constructed on private lots where a main building exists. No swimming pool shall be placed in use until a proper fence with locked gate is erected, a proper fence being one which will exclude young children from the area of said pool unless accompanied by a responsible older person. Owners of swimming pools must accept responsibility for any liability incurred due to the presence of such pools.

G. A portable canopy is considered an accessory structure and requires a siting permit, pursuant to this section. Portable canopies are only allowed in the rear yard of residential properties. They are not allowed in the front or side yard.

Portable canopies may encroach into the rear setback areas of the property provided a site-obscuring fence of six feet (6') in height from established grade is constructed to shield the canopy from neighboring properties and public streets.

Portable canopies must be anchored to withstand normal weather patterns. The owner of a portable canopy or the owner of real property on which any portable canopy is located shall maintain such portable canopy in a state of good appearance, safety, and repair, including, but not limited to, supporting framework, and covering materials. Any portable canopy that has been damaged shall be repaired or removed immediately.

The temporary use of a portable canopy, not to exceed forty eight (48) hours, is exempted from this section.

H. A portable automobile canopy is considered an accessory structure and requires a siting permit, pursuant to this section.

Portable automobile canopies may encroach into the rear setback areas of the property provided a site-obscuring fence of six feet (6') in height from established grade is constructed to shield the canopy from neighboring properties and public streets. Portable automobile canopies may encroach into the front setback area of the property provided they do not obstruct traffic line of sight or encroach into the sidewalk.

Portable automobile canopies must be anchored for normal weather patterns. The owner of a portable automobile canopy or the owner of real property on which any portable automobile canopy is located shall maintain such portable automobile canopy in a state of good appearance, safety, and repair, including, but not limited to, supporting framework, and covering materials. Any portable automobile canopy that has been damaged shall be repaired or removed immediately.

I. A siting permit for any accessory structure which structure shall have less than two hundred (200) square feet of roof area shall first be obtained and the fee, set by resolution of the Council, be paid. Any person who constructs an accessory building without first obtaining a siting permit as required by this subsection shall be guilty of a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (Ord. 536, 6-10-2025)

10-4-9: TREATMENT OF LOT LINE ADJUSTMENTS:

A. Definition: A “lot line adjustment” is a readjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width or depth of each building site below the minimum prescribed by any City ordinance or any covenant pertaining to said plat.

B. Applicability: The lot line adjustment procedure may be used:

1. Where parcels or lots are being combined, or

2. Where the adjustment of lot lines is requested and no new buildable lot will be created, or

3. Where the reorientation of existing lots does not increase the number of buildable lots.

4. The procedure may not be used where it creates or expands nonconformity with land use ordinances.

C. Application: The application for a lot line adjustment shall consist of the following:

1. Applicant Name, Owner Name, Purchaser Name, Representative Name, Applicant Name and Phone Numbers, Email Addresses, Mailing Addresses for all names. If the signature on the application is not the owner of the property, a notarized statement (Affidavit of Legal Interest) from the owner stating the applicant is authorized to submit the application.

2. Proof of Ownership.

3. Record of Survey including the following:

a. A heading and narrative stating the purpose of the survey.

b. Subdivision, Lots, and Blocks affected.

c. Existing Lot and Block numbers and new parcel numbers shown.

d. Existing and new property lines shown and labeled.

e. Square footage and acreage of the new parcels.

f. Existing easements and any proposed easements.

g. Abutting road names and rights-of-way, including alleys.

h. Existing buildings and new setbacks.

i. A signature line for City Engineer Certification.

j. Signatures of all owners of record.

4. Legal descriptions for the new parcels.

5. Three (3) copies of the lot line adjustment plat on 11" x 17" sheets drafted with black ink at a legible scale and stamped by a Licensed Land Surveyor.

6. Surveyor verification of closures on all new parcels prior to application submission.

D. Installation Of Utilities: In the event utilities have been installed, lot line adjustments shall not be allowed unless written approval is obtained from all affected utilities.

E. Utility Easements: If utilities are not in place, the property owner shall provide adequate utility easements before a lot line adjustment will be granted. (Ord. 536, 6-10-2025)