In the Residential District, no building or land located therein shall be used, nor any structure hereafter erected or altered, except for the following purposes:

Home gardens and gardening of vacant land.

Park, public. A public park is a tract of land owned by the City and maintained as a place for passive or active recreation programs to meet the recreational needs of the general public, including playgrounds and horse arenas (see section 5-5-8 of this chapter).

Portable storage containers and semi-truck cargo trailers not used for human occupancy:

   A.   No more than two (2) portable storage containers or shall be located on a single lot or parcel of land.

   B.   Portable storage containers shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: contractors' materials and equipment, solid waste, hazardous materials, explosives and unlawful substances and materials.

   C.   Portable storage containers shall not remain on lots or parcels of land longer than thirty (30) consecutive calendar days and no more than sixty (60) calendar days per calendar year, except when used for storage in conjunction with the construction or substantial remodel of a dwelling on the parcel on which the portable storage containers are placed. In such cases the portable storage containers may remain on site for the period in which a valid building permit exists, until completion of the dwelling or expiration of the building permit for the dwelling.

   D.   The use of semi-truck cargo trailers for any purpose is prohibited, except when included as part of a special use permit or home occupation.

Recreational vehicles. Recreational vehicles may only be temporarily or intermittently occupied and under the following conditions:

   A.   Occupation of a recreational vehicle is limited to not more than four (4) months in any twelve (12) month period.

   B.   The recreational vehicle shall have current registration and shall be in a serviceable condition so it can be operated in a safe and lawful manner on the roads of the State of Idaho.

   C.   The recreational vehicle shall not be set on blocks or have the running gear removed.

   D.   No decks or additions shall be attached to the recreational vehicle and the vehicle shall not be skirted.

   E.   The recreational vehicle shall not be used as a dwelling except as provided in this section. The occupant of an RV must have a primary residence other than the RV.

   F.   No independent mail service shall be allowed to the recreational vehicle.

   G.   The recreational vehicle shall not be used as rental property or used for commercial purposes.

   H.   The recreational vehicle must be fully self- contained and removed from the site to empty holding tanks at an approved location.

   I.   An RV may be used as a dwelling for the owners of the parcel on which the RV is located during construction of a dwelling, or substantial remodel of the dwelling on that parcel as evidenced by a valid permit for such construction. In such cases, the provisions of this section regarding the owner’s primary residence, duration of occupation of the RV and mail service shall not apply. Upon completion of the dwelling or expiration of the building permit for the dwelling, the RV shall revert to temporary or intermittent use as provided in this section.

Seasonal agricultural, horticultural and animal products. The sale of agricultural, horticultural and animal products that are grown and raised on site. The raising, breeding and maintaining of dogs or cats, for the purposes of this chapter, are not an agricultural purpose.

Single-family dwellings including manufactured homes (see section 5-5-5 of this chapter).

The usual accessory buildings commonly appurtenant to a single-family dwelling. No accessory buildings are allowed without a primary single-family dwelling already constructed on site (except as permitted by special use permit). Accessory dwelling units are prohibited. (Ord. 252, 4-5-2018; amd. Ord. 276, 5-12-2022)

The following uses are permitted only with a special use permit issued pursuant to this chapter, and except for the uses herein specified; no other use can be made of such land or structures located within the Residential District:

Accessory buildings prior to construction of a single family dwelling.

Churches.

Equine boarding facilities. "Equines" are defined as horses, ponies, mules and donkeys, or any other animal belonging to the family Equidae. "Equine boarding facilities" are defined as any facilities used for the care and maintenance of another individual's equines for profit by the property owner or individual residing on the property. For purposes of this use, "profit" is any exchange of money or services for the care and maintenance of two (2) or more equines. More specifically, care and maintenance may include, but is not limited to, providing anything from minimal to full service boarding. Minimal boarding is where the property owner provides only shelter and/or grazing, and the equine's owner provides all other care. Full service boarding is where a range of services are provided by the property owner that may include feeding, exercise and veterinary care.

Public and private schools.

Public, Municipal and government uses, including fire, police and safety uses. This use category includes the land, premises and buildings. This use excludes public parks.

Public utility structures such as substations, pumping plants, telephone exchanges and similar uses. (Ord. 252, 4-5-2018)

   A.   Lot Size: No building or structure shall hereafter be erected on any lot, tract, plot or block having an area of less than one acre, minus such portion which may be granted, conveyed or licensed for use as a road, right-of-way or other easement, not in excess of one-half (1/2) of the dedicated road right-of-way or width of streets required by other ordinances of the City.

   B.   Exceptions Regarding Lot Size: The City may grant an exception to the minimum lot size requirement for purposes of issuing building permits if any one of the following conditions exist:

      1.   The lot was created through the City's short subdivision process (pursuant to ordinance 73, or as subsequently amended) after May 29, 1979. Property owners shall provide proof of signed order of decision or record of survey signed by City.

      2.   The lot was created through the City's subdivision process (pursuant to ordinance 52, or as subsequently amended) after December 11, 1975. Property owners shall provide proof of signed order of decision or plat signed by the City.

      3.   Lots or parcels established by subdivision plat or recorded deed of conveyance prior to ordinance 4 dated March 14, 1961. For parcels created by a deed of conveyance, property owners shall provide the deed history/chain of ownership which demonstrates the date the parcel was first created and that it has been held as a separate parcel since March 14, 1961.

      4.   Parcels lawfully created after March 14, 1961, but prior to December 11, 1975 shall have a minimum size of 0.8 gross acres, when including one-half (1/2) of the adjacent City road right-of- way.

   C.   Street Frontage: All lots shall have one hundred ten feet (110') of frontage on a publicly dedicated street, accepted and maintained by the City or the Lakes Highway District.

   D.   Exceptions Regarding Street Frontage: The City may grant an exception to the minimum street frontage requirement for purposes of issuing building permits if any one of the following conditions exist:

      1.   The lot was created through the City's short subdivision process (pursuant to ordinance 73, or as subsequently amended) after May 29, 1979. Property owners shall provide proof of signed order of decision or record of survey signed by the City.

      2.   The lot was created through the City's subdivision process (pursuant to ordinance 52, or as subsequently amended) after December 11, 1975. Property owners shall provide proof of signed order of decision or plat signed by the City.

      3.   The lot or parcels was legally created prior to ordinance 52 dated December 11, 1975. For parcels created by a deed of conveyance, property owners shall provide the deed history/chain of ownership which demonstrates the date the parcel was first created and that it has been held as a separate parcel since December 11, 1975. (Ord. 252, 4-5-2018)

   A.   Front And Rear Yards: For every structure there shall be a front yard of not less than twenty five feet (25') and a rear yard of not less than ten feet (10') in depth.

   B.   Side Yards: Each dwelling or residence shall have a side yard not less than ten feet (10') in depth; accessory buildings within seventy five feet (75') from the front property line shall have a side yard not less than ten feet (10') in depth; provided, however, that an accessory building more than seventy five feet (75') from the front property line shall have a side yard not less than five feet (5'); and provided further, that each dwelling, residence and accessory building on a corner lot shall have a side yard of not less than twenty five feet (25') along the flanking or side street.

   C.   Exceptions to yard requirements. Fences as permitted in Section 5-5-7, and signs as permitted in Title 5, Chapter 11 are not required to comply with the yard requirements of this Section.

   D.   Lot Coverage: Lot coverage shall not exceed forty percent (40%) of the parcel size, not including any portion of the adjacent street right-of-way.

(Ord. 252, 4-5-2018; amd. Ord. 272, 9-14-2021)

   A.   Idaho Code 67-6509A requires the City's land use regulations to be amended to allow for siting manufactured homes in residential areas within the City.

   B.   Manufactured homes shall be as defined in Idaho Code 39-4105(8).

   C.   Manufactured homes on individual lots for single-family residential uses shall meet the following criteria:

      1.   The manufactured home shall be multi-sectional and enclose a space not less than one thousand (1,000) square feet.

      2.   The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter in such a manner that the finished floor of the home is located not more than sixteen inches (16") above grade except when placed on a basement foundation.

      3.   The manufactured home shall have a pitched roof with a minimum slope of three feet (3') in height for each twelve feet (12') in width.

      4.   The manufactured home shall have exterior siding or roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings.

      5.   In addition to the provisions of subsections C1 through C4 of this section, a manufactured home shall be subject to any development standards, architectural requirements and minimum size requirements to which a conventional single-family residential dwelling on the same lot would be subject. (Ord. 252, 4-5-2018)

The maximum height of structures in the Residential District shall be as follows:

 

 

(Ord. 252, 4-5-2018)

   A.   General:

      1.   Setback Requirement. Any fence exceeding six feet (6') in height is prohibited, except as specifically permitted herein.

      2.   Materials For Fences And Walls: Fences and walls may be of any material commonly used in construction of fences, provided that said fence or wall meets any criteria for sturdiness and construction as established in other City regulations.

      3.   Measurement Of Heights: The height of fences and walls shall be measured from the top of the fence or wall at its highest point to the finished grade of the lot or parcel adjacent to the fence. If the fence or wall is built on a mound or is otherwise constructed on a level above the average finished grade of the parcel or lot, the height of the mound shall be included in the overall height of the fence or wall. Where parking, loading or other similar areas are constructed adjacent to a fence or wall and are constructed above the finished grade of the parcel, the height of fences or walls shall be measured from the top of the parking/loading surface.

      4.   Fences For Swimming Pools: Swimming pools shall be enclosed by buildings or fences or walls in accordance with the provisions of the International Building Code, as adopted, and other applicable provisions of this Code.

   B.   Residential Fencing:

      1.   Height And Setback Standards: Fences shall comply with the following height and setback standards:

         a.   Fences erected in the area in front of the primary structure (defined by a perpendicular line from the closest corner of the primary structure to the side property line on each side) shall be no more than four feet (4') in height, and shall not be required to meet any setback requirements. Fences located rear-ward of those lines may be up to 6 feet in height and shall not be required to meet any setback requirements. Wire or rail type fences used to enclose large livestock, i.e., horses, cows, etc., may be 5 feet high as a permitted use. Fencing for livestock enclosures may be permitted within the front yard setback.

         b.   Exception to height requirements: Wire mesh fencing may be constructed up to eight (8') feet in height. Such wire mesh fences shall not be sight obscuring and shall not have privacy slats installed. Such fences shall be located rearward of the front corner of the primary structure or at least seventy-five feet (75') from any property line that is adjacent to a public street, except where that public street serves as the flanking street for a corner lot. For such corner lots, no setback from the flanking street side is required.

         c.   All fences shall meet vision triangle standards so to not obstruct views from street or driveway.

   C.   Trees To Be Trimmed: All trees located within twenty five feet (25') of the property lines of any property at an intersection of one or more public streets within the City shall have all foliage, including leaves and branches, trimmed to a point eight feet (8') above the level of the street under or near said trees. (Ord. 238, 8-7-2014; amd. Ord. 252, 4-5-2018; Ord. 272, 9-14-2021)

   A.   Definitions:

   ATV: All-terrain vehicle.

   UTV: Utility terrain vehicle.

   B.   Standards For Use Within Public Park Or Horse Arenas:

      1.   Hours of use: Sunrise to sunset.

      2.   No motorized vehicles: Except in designated driving and parking areas.

      3.   All garbage must be packed out or placed in designated garbage receptacles.

      4.   Horse arena: All ATV/UTV by City permission only.

      5.   No overnight camping.

      6.   Public parks (see section 7-2-5 of this Code): Dogs prohibited.

      7.   Horse arena (see section 7-2-5 of this Code): Dogs allowed but must be on a leash at all times.

      8.   Horse arena: Gates on warm up and performance ring shall remain closed at all times with the exception of entering and leaving ring. Access gates to arena from parking lot shall be closed at sunset.

   C.   Violation: Any violation of the provisions of this section shall be deemed an infraction and shall subject the offender to penalties in accordance with section 1-4-1 of this Code. (Ord. 252, 4-5-2018)

   A.   The vision triangle is a triangle of land that is clear of obstructions to facilitate safe turning movements from driveways and at street intersections. The vision triangle is measured along the property lines of parcels adjacent to road or street rights of way. For driveways, the triangle is measured along the edge of the driveway to the city paved road. Areas within the street right of way shall meet the same vision triangle standards as if the vision triangle were extended through the right of way to the edge of the pavement or other road surface.

   B.   No buildings or other structures including fences above three feet (3') in height shall be allowed inside the vision triangle. No tree, shrub or growing plant or other landscape feature within the vision triangle shall obstruct or interfere with the view of a street, driveway, alley or roadway. Any fence, landscape feature or growing plant shall be considered an obstruction or interference if it exceeds three feet (3') or thirty six inches (36") in height and is within the vision triangle as defined in this section. Height will be measured at the level of the street.

   C.   The following standards apply:

 

(Ord. 272, 9-14-2021)

   A.   Applicability. All lighting within the residential district that is located outside of a building, whether located on a post or pole, on the ground, or on the wall of a building shall comply with the requirements of this section.

   B.   Lighting Control:

      1.   All lighting shall be aimed, located, designed, fitted, shielded and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create an unacceptable light trespass nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

      2.   Directional luminaires such as floodlights and spotlights, shall be so shielded, installed and aimed that they do not project their output onto neighboring properties, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45º from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

      3.   Overhead area lights used for lighting of a general area on a property shall be downward directed and shielded so that they are not a source of glare when viewed from an adjacent residential property or roadway.

   C.   Nonconforming Lighting - Any luminaire or lighting installation existing on the effective date of this Ordinance that does not conform with the requirements of this Ordinance, shall be considered a legal nonconforming use.

      1.   A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this Section under any of the following circumstances:

         a.   Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this Section;

         b.   It is deemed by the City to create a safety hazard;

         c.   It is replaced by another luminaire or luminaires or abandoned or relocated;

         d.   There is a change in use on the property.

      2.   Regardless of the requirements of Section C.1. above, when requested by the City, nonconforming luminaires and lighting installations shall be made to conform with the requirements of this Section or removed within three (3) years from the effective date of this section. (Ord. 272, 9-14-2021)