This title shall be known as the "Zoning Ordinance of the City of Emmett, Idaho."

(Ord. No. O2009-7, 5-26-2009)

This zoning title is adopted pursuant to authority granted by Idaho Code title 67, chapter 65 and article 12, section 2 of the Idaho constitution, as amended or subsequently codified.

(Ord. No. O2009-7, 5-26-2009)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern.

(Ord. No. O2009-7, 5-26-2009)

The city is hereby required to coordinate with other departments and agencies concerning all permits which may be required in this title and previously or subsequently adopted.

(Ord. No. O2009-7, 5-26-2009)

For the purpose of this title, certain terms or words used herein shall be interpreted as follows: The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; the word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement; the words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; and the word "lot" includes the words "plot", "parcel" and "tract".

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Administrator means an official, having knowledge in the principles and practices of zoning who is nominated by the mayor and confirmed by a majority of the council to administer this title.

Automotive repair means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

Automotive wrecking means the dismantling or wrecking of two or more used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Board means the board of county commissioners.

Building, accessory means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and the top of building walls for gable, hip and gambrel roofs.

Building, principal means a building in which is conducted the main or principal use of the lot on which said building is situated.

Commercial entertainment facilities means any profitmaking activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

Commission, zoning means zoning commission as appointed by the city council. Primary responsibilities are to make zoning and subdivision decisions and recommendations for the City of Emmett. The use of the term "commission" in this title shall refer to the zoning commission unless otherwise noted.

Comprehensive plan means a plan, or any portion thereof, adopted by the council including such things as the general location and extent of present and proposed physical facilities, including housing, industrial and commercial uses, major transportation, parks, schools, and other community facilities.

Council means the city council.

Daycare means care and supervision provided for compensation during part of a 24-hour day for a child or children not related by blood or marriage to the person or persons providing the care in a place other than the child's or children's own home.

Daycare center means a place or facility providing daycare for compensation for 13 or more children.

Density means a unit of measurement; the number of dwelling units per acre of land.

A.

Gross density means the number of dwelling units per acre of total land to be developed, including public right-of-way.

B.

Net density means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way.

Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.

Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit.

Family is also defined as eight or fewer unrelated mentally and/or physically handicapped or elderly persons occupying a dwelling unit and living as a single housekeeping unit. (see also definition of Single-family dwellings.)

Garage, service station means buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail plus motor vehicle repairs made.

Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.

Group daycare facility means a home, place, or facility providing daycare for seven to 12 children.

Health authority means the local district health department or state department of health and welfare that has jurisdiction authority.

Home daycare means a home providing care for up to six children.

Home occupation means an occupation conducted entirely within a dwelling unit or approved accessory building. (See the required performance standards in section 9-7-5 of this title.)

Junk buildings, junk shops, junkyards means any land, property, structure, building or combination of the same, on which junk is stored or processed.

Kennel, commercial means any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatments. A commercial kennel is to be distinguished from a noncommercial kennel, which is regulated under section 5-2A-7 of this Code.

Loading space, off-street means space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space shall not be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

Lot. For the purpose of this title, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A.

A single lot of record;

B.

A portion of a lot of record; and

C.

A combination of complete lots of record, or of portions of lots of record.

Lot coverage means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under the definition of "yard" in this section.

Lot, minimum area of means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

Lot of record means a lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot types means terminology used in this title with reference to corner lots, interior lots and through lots as follows:

A.

Corner lot means a lot located at the intersection of two or more streets;

B.

Interior lot means a lot with frontage on only one street;

C.

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots; and

D.

Reversed frontage lot means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

Manufactured home park means any site or tract of land under single ownership, upon which two or more mobile home habitations are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

Manufactured housing means a residential structure which has been constructed off site in a factory and meets the following criteria:

A.

Meets or exceeds the standards of the current edition of the uniform building code or conforms to the housing and urban development (HUD) building code.

B.

Has a pitched roof of at least three to twelve (3:12) slope and of nonmetallic finish.

C.

Set on a permanent foundation.

D.

Has siding which is similar in appearance and durability to conventional housing.

Manufacturing, heavy means manufacturing activities engaged in the conversion of large volumes of raw materials and partially processed materials into products of higher value; hallmarks of this form of industry are considerable capital investment in large machinery, heavy energy consumption and final products of relatively low value per unit weight. Processing may occur within enclosed areas or outside of a structure.

Manufacturing, light means manufacturing activities that use moderate amounts of partially processed materials to produce items of relatively high value per unit weight. Processing generally occurs within a fully enclosed area.

Mobile home means a residential structure which has been constructed off site and may not meet the criteria defining manufactured housing.

Modular home means a residential structure which has been constructed in sections off site and meets or exceeds the standards of the current edition of the uniform building code.

Multi-family dwellings/apartments means a structure, or portion thereof, that contains three or more dwelling units, where all such units are located on the same property.

Nonconforming use means a building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated, or an approved nonconforming use.

Nursery for children means a place, home or facility providing care for more than five children of preschool age.

Nursery, plant materials means land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.

Nursing home for the aged means a home or facility for the care and treatment of more than five pensioners or elderly people.

Open space means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the city deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.

Parking space, off-street. For the purpose of this title, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room; but, shall be located totally outside of any street or alley right-of-way. (See section 9-11-2.M and section 9-11-4 of this title.)

Performance bond or surety bond means a financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Personal services means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors and similar activities.

Planned unit development means an area of land in which a singular or variety of residential, commercial and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. (See section 9-9-1 of this title.)

Professional activities means the use of offices and related spaces for such professional services as provided by medical practitioners, lawyers, urban planners, architects, engineers and similar professions.

Public uses means public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

Quasi-public uses means churches, Sunday schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

Research activities means research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.

Right-of-way means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

Roadside stand means a permanent or temporary structure used for the purpose of marketing, selling or dispensing fresh produce and/or agricultural products.

Setback line means a line established by the zoning title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground except as may be provided in said title.

Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

A.

Sign, on-premises means any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

B.

Sign, off-premises means any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.

C.

Sign, illuminated means any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.

D.

Sign lighting device means any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

E.

Sign, projecting means any sign which projects from the exterior of a building.

Single-family dwellings means a dwelling unit occupied by one family; or, any home or group residence in which eight or fewer unrelated mentally and/or physically handicapped or elderly persons reside; and who are supervised, provided no more than two staff shall reside in the dwelling at one time. This definition does not include such types of occupancy as a lodging or boarding house, club, sorority, fraternity, hotel, or any group residence whose occupants are under the supervision of the state board of correction pursuant to Idaho Code § 20-219, or who are required to register pursuant to Idaho Code title 18, chapters 83 or 84, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals whose tenancy would result in substantial physical damage to the property of others. Single-family dwellings must have a carport or a garage.

Special use means a special use permitted within a district, other than a principally permitted use, requiring a permit and approval of the city. Special uses permitted in each district are listed in the official schedule of district regulations.

Street means a right-of-way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.

A.

Alley means a minor street providing secondary access at the back or side of a property otherwise abutting a street.

B.

Minor means a street which has the primary purpose of providing access to abutting properties.

C.

Collector means a street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.

D.

Arterial means a street designated for the purpose of carrying fast and/or heavy traffic.

E.

Private means a street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, fences and billboards.

Supply yards means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.

Two-family dwellings/duplexes means two individual units, each housing a single family as defined herein. A minimum lot size of 8,000 square feet. Each unit shall have a carport or a garage.

Use means the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

Variance means a modification of the requirement of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other ordinance provision affecting the size or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

Veterinary animal hospital or clinic means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.

Veterinary clinic, small animal means an animal health establishment for the care of small domestic animals such as dogs, cats or other small pets.

Vicinity map means a drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

Walkway means a public way, four feet or more in width, for pedestrian use only, whether or not along the side of a road.

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

A.

Yard, front means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

B.

Yard, interior side means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

C.

Yard, rear means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

D.

Yard, street side means a yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yard.

Zoning permit means a document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses.

(Ord. No. O2009-7, 5-26-2009; Ord. No. O2021-02, § I, 5-25-2021; Ord. No. O2021-06, § I, 7-28-2021)

State Law reference— Similar provisions, Idaho Code § 67-6509A.