A.   Purpose: The purpose of this chapter is to set forth general development standards for all districts in order to carry out the goals and objectives of the adopted comprehensive plan.

   B.   Regulations: The following regulations set by this title within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use:

      1.   Conformance Required: No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, placed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the zone in which it is located;

      2.   Yard, Lot Requirements: No yard or lot existing at the time of the passage hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements;

      3.   Prohibited Uses: Any use not explicitly permitted in a zoning district is prohibited;

      4.   Less Than Required Right Of Way: All principal structures located on streets having less than a required right of way shall be required to have a setback, plus one-half (1/2) the needed distance to equal the required right of way. (Ord. 146, 9-22-2016)

It is recognized that new or unanticipated types of land use will be proposed in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

   A.   Request; Information Required: An applicant may seek the opinion of the administrator concerning any new or unlisted use. The request shall be accompanied by a statement of facts, listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated.

   B.   Review: The administrator shall review the use consistent with the administrative procedures listed at section 12-3-8 of this title, and shall consider the nature and performance of the proposed use and its compatibility with the uses permitted in the various districts and determine whether the use is permitted, specially permitted or prohibited based on existing established uses. The "Standard Industrial Classification Manual" or "North American Industry Classification System", as amended, modified or superseded, may be consulted to determine whether the new use is similarly classified. (Ord. 146, 9-22-2016)

   A.   Scope: Within the district or zone established by this title or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of uses which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment. The purpose of this section is to permit these nonconformities to continue until they are removed or brought into conformance with this title.

   B.   Expansion Of Nonconformity: It is further the purpose of this title that a nonconforming structure or land use shall not be enlarged upon, expanded or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or district, unless it is to bring the nonconformity into compliance with this title.

   C.   Undue Hardship: To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the adoption of this title, or any amendments thereto, and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in its permanent location, or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently.

   D.   Repairs, Maintenance And Continued Use:

      1.   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, such as walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased.

      2.   A legal, nonconforming structure or portion of a structure may continue to be used, maintained, and repaired, in accordance with city zoning and permitting standards. A nonconforming structure shall not be altered or enlarged in any way that would increase its nonconformity. A nonconforming building destroyed by accidental or unintended means such as fire, flood, earthquake, or other such means, may be replaced without the applicable special use permit or variance, provided:

         a.   A building permit is obtained and the replacement is initiated within twelve (12) months of the building’s destruction;

         b.   There is no increase in the degree of nonconformity;

         c.   The replacement structures shall not encroach into public rights-of-way, easements, public, properties, or adjoining private properties not owned by the applicant;

         d.   All flood damage prevention standards shall be met.

      3.   If a nonconforming use is discontinued for a period of one year or longer, the city may request in writing that the landowner provide a written statement detailing the intended further use of the property. The written statement shall be provided within twenty eight (28) days of the city request. Discontinued use of the property is subject to the provisions of Idaho Code section 67-6538, and subsequent amendments thereto.

   E.   Lots and Parcels of Record: A lot or parcel that was lawfully created in accord with the city land use laws in effect at the time of its creation or was described prior to city incorporation but does not currently conform to city lot size minimums, lot design, or other land use regulations is eligible for development in accord with the standards of this title. No such nonconforming lot or parcel shall be further adjusted or divided to increase its nonconformity.

(Ord. 146, 9-22-2016; amd. Ord. 185, 7-10-2023)

TABLE A
ZONE DISTRICT STANDARDS

 

(Ord. 146, 9-22-2016; amd. Ord. 178, 6-9-2022)

   A.   Driveways: All access driveways, including residential driveways, shall comply with the spacing standards for access driveways from off street parking and loading areas found in section 12-13-1, appendix A of this title.

   B.   Highway 2 Access: The number or points of access to U.S. Highway 2 shall be minimized by reliance on access via other streets wherever possible. Where access to U.S. Highway 2 is unavoidable, site planning shall emphasize on site circulation to minimize the number of highway access points. (Ord. 146, 9-22-2016)

No structure shall be placed in any utility easement, public or private, with the exception that wire or rail fences, or solid wood fences with a separable section across the easement, may be constructed across utility easements, as well as any public utility buildings required to be located within the easement. (Ord. 146, 9-22-2016)

The intent of this section is to prevent or eliminate public nuisances promptly and to defray taxpayer costs of enforcement. Anything that is injurious to health, morals, safety, welfare, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance and is subject to action by the City. All nuisances and hazards shall be mitigated by appropriate means. Public nuisances shall include, but are not limited to, the following:

   A.   Noise, Vibration: Between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the next morning, there shall be no loud, excessive, disruptive, or annoying sounds produced by voices, instruments, electronic devices, machinery, animals, or other means that disturbs the peace, quiet, and comfort of any reasonable person of normal sensitivities. To be considered loud, the sound must be plainly audible one hundred fifty feet (150') or more from the source.

   B.   Light, Glare, Heat: No activity shall direct light, glare, or heat beyond its property line. Welding equipment and other sources of intense light or glare shall be shielded from the view of neighboring properties or public ways by enclosure in a building, location on the property, or construction of a fence or wall.

   C.   Electrical Interference: No activity shall create electrical interference that adversely affects other uses.

   D.   Dust, Smoke, Pollution: No activity shall generate dust, smoke, odors or other airborne pollutants that travel beyond its property line, except as permitted by State and Federal air quality standards.

   E.   Solid Waste: All solid waste shall be stored in enclosures or containers and shall not:

      1.   Attract animals or insects, or be susceptible to spillage;

      2.   Generate odors or liquid runoff beyond the property line;

      3.   Permit the overflow or dispersal of any waste;

      4.   Be left unscreened in certain areas. All commercial, industrial, and high density residential solid waste handling areas and containers shall be effectively screened from the public view by enclosure in a building, location on the property, or construction of a sight-obscuring fence or wall.

   F.   Junk, Junk Yard: No junk, as defined by section 12-13-4, appendix D of this title, shall be kept, accumulated, or stored within the public right-of-way, public property, or in the open on private property. Junk yards are prohibited in all zoning districts. (Ord. 158, 12-13-2018)

All buildings and uses shall provide the off street parking and loading areas required by section 12-13-1, "Appendix A; Detailed Performance Standards For Off Street Parking And Loading", of this title. (Ord. 146, 9-22-2016)

The "river corridor" is defined as being within three hundred feet (300') of the Pend Oreille River, or within any mapped flood hazard area. It is the intent of the City to identify these lands because they represent unique opportunities for beneficial development. These lands are also uniquely vulnerable to development that may damage water quality, wildlife habitat and scenic values. Due to these vulnerabilities, the landowner shall demonstrate that any development proposed in the river corridor will not cause significant loss of water quality, wetlands, wildlife and fisheries and their habitats, or scenic values. Proposed development shall not foreclose any significant optional development patterns for the river corridor that may be considered in the comprehensive plan. (Ord. 146, 9-22-2016)

A clear vision triangle in conformance with section 12-13-3, appendix C of this title shall be maintained at all intersections and points of access to a public street.

   A.   Visual Obstructions: No solid fence or wall, planter, hedge, shrub or other visual obstruction more than three feet (3') in height above grade shall be permitted in a clear vision triangle.

   B.   Parking: No parking shall be permitted in a clear vision triangle.

   C.   Trees: Trees shall be permitted in clear vision triangles, but only if all branches are removed to a height of at least seven feet (7') above grade. (Ord. 146, 9-22-2016)

No development that disturbs jurisdictional wetlands shall be permitted until the developer demonstrates written compliance with all State and Federal wetlands protection requirements. (Ord. 146, 9-22-2016)

The yards created by required setbacks shall remain unoccupied and unobstructed, except as otherwise permitted in this section or elsewhere within this title:

   A.   Required setbacks. All required setbacks shall be measured from the structure's greatest architectural projection to the property line or other point of measurement established by this title, unless otherwise specified in this title. The zoning administrator may grant 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. Above-grade extensions, such as eaves, rain gutters, bay windows and similar above-grade extensions may extend no more than three feet (3') into a required yard.

   B.   Accessory Buildings:

      1.   Accessory buildings of two hundred (200) square feet or less shall be permitted in required rear yards where a setback of ten feet (10') from all property lines is maintained. No accessory building shall be located in the required front or side yard area. Front and side yards may be used for parking.

      2.   Residential accessory structures within the Residential and Suburban zoning districts shall be constructed or placed simultaneously or subsequent to the construction of the dwelling. Exceptions are permitted to allow for storage or tool sheds, gazebos, or other similar structures not greater than two hundred (200) square feet of floor area.

      3.   An accessory structure may be placed on a separate, contiguous lot from the residence if the lot or parcel is combined for development purposes into one lot, pursuant to paragraph F of this section.

      4.   The combined floor area square footage for all residential accessory structures shall not be greater than a 1:1 ratio of the combined floor area square footage of the residence(s) on a lot or parcel in the Residential district. (Example: if a residence contains 1,000 square feet of floor area, a garage cannot be larger than 1,000 square feet of floor area.) Accessory structures may be attached or detached. Structures such as tool sheds, greenhouses and other such non-habitable structures that are two hundred (200) square feet or less of floor space and exempt from requirements to obtain a building permit shall not be included in the accessory residential structure calculations.

      5.   Residential accessory structures shall be limited to the private use by residents of the property and their visitors. Commercial uses, except permitted home occupations, are prohibited with accessory residential structures.

   C.   Required Space: No space required to make up the required yards for any principal building shall be removed from the lot on which that building is sited by sale, lease or other conveyance.

   D.   Fences: No fence shall exceed seven feet (7') in height. Fences are subject to the following standards:

      1.   Exceptions to height may be considered as a special use permit or variance.

      2.   Fencing exceeding seven feet (7') in height is defined as a structure and is subject to the structure standards of this title and the standards of Title 9, Chapter 1, Building Codes and Regulations.

      3.   All fencing is subject to other title provisions, such as maintaining clear vision at intersections as provided in section 12-6-10 of this chapter, which may affect placement and height.

      4.   Fences not exceeding seven feet (7') in height may be located along property lines, except that no fence shall exceed four feet (4') in height within twenty feet (20') of the natural, ordinary, or artificial high water mark of a water body identified on the United States Geological Survey maps, with the exception of seawalls, bulkheads, or breakwater permitted by the state for shoreline protection.

      5.   Fence height shall be considered the vertical distance from the base of the fence to the highest point on the fence or fence structure, including all caps, finials, posts, lights, latticework, screens, landscaping berms, rockery, bases, or other similar fencing materials or features. Measurement shall be determined from the natural grade of the property at the fence line, prior to development. An arbor serving as a landscaping feature over a gate, walkway or entrance may be permitted to a maximum nine feet (9') in height and four feet (4') in width.

      6.   Fencing materials such as junk and tires and other such materials and those that pose hazards or safety concerns, such as razor wire or broken glass, are prohibited.

   E.   Maximum Building Height: The maximum building height is set forth at section 12-6-4 of this chapter. "Building height" is defined at section 12-13-4, appendix D of this title. All proposed structures shall be required to provide with building permit application materials side elevation drawings of all sides of the structure with building height and predevelopment grades depicted. For structures greater than twenty five feet (25') in height, including stem walls, such information shall be certified by an Idaho licensed surveyor, or Idaho licensed engineer, or Idaho licensed architect qualified to establish elevations, and be submitted with building permit application materials. Predevelopment elevations shall be determined by the presence of undisturbed topsoil and/or vegetation or similar indications to the satisfaction of the City. Any costs incurred by the City to determine building height shall be in addition to other building or zoning permit fees and shall be the responsibility of the landowner.

   F.   Contiguous Properties: Structures may be placed or constructed across parcel or lot lines provided the land is under the same ownership, legally created, and contiguous. The landowner shall record a lot combination agreement stating the land is considered one property for purposes of land development. The land shall be considered one for determination of zoning standards.

   G.   Placement of a single tram, rail, uncovered steps, stairs or walkway may be within the waterfront setback for bodies of water, as established by this title, provided such structures are not greater than four feet (4') wide and installed to provide access to the shoreline and are generally perpendicular to the shoreline. Boardwalks or other platforms, decks, or similar structures paralleling the shore are prohibited within the waterfront setback area for which the City has jurisdiction.

(Ord. 146, 9-22-2016; Ord. 150, 3-23-2017; Ord. 157, 12-13-2018; Ord. 165, 10-10-2019; Ord. 178, 6-9-2022; amd. Ord. 185, 7-10-2023)

All development shall provide evidence of adequate City sewer and water services, or approved alternative systems if City services are not available. (Ord. 146, 9-22-2016)

   A.   Additional Public Facilities: Large scale developments shall provide additional public facilities necessitated by their development. Such facilities shall be provided in compliance with all requirements of this title and may include: off site road improvements, such as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines and ambulances; and the neighborhood parks (which may include space used for recreational trails) at a rate of two (2) acres per thousand population.

   B.   Fact Finding Process: The public facilities needs of any large scale development shall be determined through a fact finding process conducted by the Council, at the expense of the developer. The Council may retain professional planners and/or engineers to conduct this study, the purpose of which shall be to determine what new facilities needs may be attributed to the proposed development. The large scale development study process shall be conducted as follows:

      1.   The Administrator shall determine whether a proposed development is a "large scale development" as defined herein;

      2.   The Administrator shall not schedule a hearing on an application determined to be for a large scale development, but shall place initiation of a large scale development study on the agenda of the next available Council meeting;

      3.   The Council shall review the application at that meeting. If the Council confirms the Administrator's determination, a large scale development study shall be required;

      4.   Where a large scale development study is required, the developer shall place a deposit with the Administrator in the amount required by the resolution establishing fees for the administration of this title. The Administrator shall retain appropriate professional assistance for the study, drawing against the deposit as necessary. Additional actual costs shall be billed to the developer, with such costs being paid before a hearing on the application is scheduled. Any unused funds shall be returned to the developer upon completion of the study;

      5.   An application shall be considered complete and a hearing conducted only after completion of the large scale development study. (Ord. 146, 9-22-2016)

The continuing maintenance of any improvement required for compliance with any performance standard of this title shall be required. This provision applies to:

   A.   Mitigation Of Nuisances: Improvements required for the mitigation of potential nuisances;

   B.   Streets, Parking, Loading: Private streets, off street parking and loading areas;

   C.   Runoff, Erosion Control: Improvements required for the on site retention of storm or melt water runoff, or for runoff or erosion control;

   D.   Landscaping: Landscaped areas, including required buffers. The maintenance of landscaped areas includes irrigation, maintenance of the irrigation system, and weed and pest control; and

   E.   Other Required Improvements: Any other improvement required for compliance with this title. (Ord. 146, 9-22-2016)

Any development subject to continuing maintenance requirements that results, or may reasonably be expected to result, in the creation of multiple ownerships shall create a community association or other mechanism to assure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, application for a permit, and shall provide evidence that these documents have been recorded before a certificate of occupancy is issued. (Ord. 146, 9-22-2016)

Failure to maintain any required improvement shall be a violation of this title. (Ord. 146, 9-22-2016)

Purpose and Standards: To protect the health, safety and welfare of persons occupying Recreational Vehicles (RVs) and to address the service and neighborhood impacts of such occupancy, the following standards shall apply in all zoning districts:

   A.   A Recreational Vehicle (RV) is not considered a dwelling. Occupancy of a recreational vehicle (RV) on a lot or parcel shall not exceed thirty (30) days in a calendar year, unless located within a permitted recreational vehicle park. Different, temporary RVs may be occupied on the same lot or parcel during the calendar year, so long as the total days occupied for all RVs does not exceed thirty (30) days in a calendar year. The number of occupied RVs is limited to two (2) such vehicles per lot or parcel at any given time. Stored, unoccupied RVs are not subject to the thirty (30) -day maximum. The limits on occupancy and number of RV units do not apply to lands within the Agriculture zoning district.

   B.   Occupancy shall mean eating, sleeping, living, cooking, or other use of the unit for human habitation.

   C.   To protect the property rights of adjoining neighbors from rain run-off, snow shed, and fire hazards, the RV shall meet the following minimum setbacks, whether stored or occupied:

      1.   Ten feet (10') from rear and side property lines;

      2.   Up to zero (0) front yard setback, provided RV is parked or stored within a private driveway. RVs not parked or stored within a private driveway shall meet the minimum front yard setback requirements of the zoning district. The RV shall not protrude into or block any public easements, pathways, or rights-of-way. The minimum number of off-street parking spaces required by this title shall be maintained and shall not be reduced or eliminated with the parking of an RV.

   D.   To prevent street congestion and potential hazards, an RV shall not be parked in an area that is not designated for parking.

   E.   No decks, platforms, roofs, porches, skirting, or other structural extensions shall be attached to the RV.

   F.   The RV shall not be used as a rental on the lot or parcel.

   G.   The RV shall either be completely self-contained and shall be taken to an approved site for routine emptying of the holding tank or shall be served by a sewage disposal system approved by the City of Dover for municipal services or Panhandle Health District where no municipal connections are available.

   H.   An RV may be used as a temporary dwelling unit while a residence is under construction on the same lot or parcel provided:

      1.   There is no other dwelling located on the site.

      2.   The City of Dover has issued a building permit for a residence on the same site as the proposed RV temporary dwelling.

      3.   The landowner has notified the City in writing in conjunction with the building permit of the intent to occupy the RV while the dwelling is under construction.

      4.   The building permit for the residence remains active. Occupancy of the RV shall cease if the building permit for the residence is abandoned, expired, or otherwise invalidated.

      5.   Approved water and sewer provisions are available.

      6.   Placement of the RV shall be in compliance with the flood damage prevention standards of Title 10 for RVs.

      7.   The RV is equipped with egress windows, a smoke detector, carbon monoxide (CO) detector, and fire extinguisher.

      8.   Occupancy of the RV does not exceed one hundred eighty (180) days. The RV occupancy shall cease when the certificate or temporary certificate of occupancy has been issued for the residence or within 180 (one-hundred eighty days) of building permit issuance, whichever comes first. The city zoning administrator may grant an RV occupancy extension for reasons or conditions beyond the landowner's control, such as weather delays, site development issues, or other such reasons. The extension shall not exceed 180 (one-hundred eighty days). (Ord. 190, 7-9-2025)