The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title. (Ord. 1998-1, 7-17-1998)
7-2-2: LOTS IN SEPARATE OWNERSHIP:
Any single lot or parcel of land, which was of record at the time of readoption of this Title, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this Title are met. (Ord. 1998-1, 7-17-1998)
7-2-3: YARD SPACE FOR ONE BUILDING ONLY:
No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered an providing a yard or open space on a lot whereon a building is to be erected or established, except as provided in planned unit developments. (Ord. 1998-1, 7-17-1998)
7-2-4: DWELLINGS MAINTAINED ON LOTS:
Every dwelling shall be located and maintained on a "lot" as defined in Section 7-1-6 of this Title. (Ord. 1998-1, 7-17-1998)
7-2-5: SEPARATELY OWNED LOTS; REDUCED YARDS:
In any lot under a separate ownership from adjacent lots and of record at the time of passage of the Zoning Ordinance and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which in not less than the same percentage of the width of the lot as the required side yard should be of the required lot width; provided, that on interior lots, the smaller of the two (2) yards shall be in no case less than five feet (5'), or the larger less than eight feet (8'), and for corner lots the side yard on the side street shall be in no case less than fifteen feet (15') or the other side yard be less than five feet (5'). (Ord. 1998-1, 7-17-1998)
7-2-6: PRIVATE GARAGE WITH SIDE YARD; REDUCED YARDS:
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Title, has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard, except in a Transitional Zone. (Ord. 1998-1, 7-17-1998)
7-2-7: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, roof overhang, chimneys, flues, and other ornamental features which project into a yard not more than four feet (4') and open or lattice enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard, not more than five feet (5'). (Ord. 1998-1, 7-17-1998)
7-2-8: WALLS, FENCES OR HEDGES:
A. Height Of Fences, Hedges Or Shrubs: No fence or wall or other similar structure shall be erected in any required front, rear or side yard to a height in excess of six feet (6') or in the case of residential front yards, to a height in excess of forty eight inches (48"), except for accessory buildings and structures permitted therein. Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty eight inches (48") in height.
B. Retaining Walls: Where a retaining wall protects a cut below the natural grade and located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event a protective fence or wall not more than forty eight inches (48") in height may erected at the top of the retaining wall.
C. City May Require Fence Or Obstruction: Where the subdivision or lot line is adjacent to any public, commercial, manufacturing, or private enterprise or business, a fence or obstruction may be required to be constructed by the subdivider or builder when in the judgment of the City Council such fence or obstruction is needed to prevent a hazard, nuisance or to otherwise protect the best interest of the citizens of the City. Said fences shall be required to separate residential areas from areas of high public and private) schools, or any other similar type use. Said fences or obstructions shall be six feet (6') or more in height and subject to approval by the City Council. (Ord. 1998-1, 7-17-1998)
7-2-9: AREA OF ACCESSORY BUILDINGS:
No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard. (Ord. 1998-1, 7-17-1998)
7-2-10: EXCEPTIONS TO HEIGHT LIMITATIONS:
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. (Ord. 1998-1, 7-17-1998)
7-2-11: MINIMUM HEIGHT OF MAIN BUILDINGS:
No dwelling shall be erected to height less than one story above grade. (Ord. 1998-1, 7-17-1998)
7-2-12: CLEAR VIEW OF INTERSECTING STREETS:
Clear view of intersecting streets in all zones which require a front yard, no obstruction (shrubs, trees, rocks, solid fences, woods, patios, signs, etc.) to view in excess of three feet (3') in height with respect to the adjacent street crown shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the lines except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers and pumps at gasoline service stations. (Ord. 1998-1, 7-17-1998)
7-2-13: SALE OR LEASE OF REQUIRED SPACE:
A restricted lot which meets all the requirements of this Title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, yard, or other requirements may be considered otherwise by adding or designating sufficient acreage to the adjacent lot to meet all the requirements of this Title for a lot. The added or designated land must then be duly recorded in the office of the County Recorder, Franklin County, Idaho, before a building permit may be issued. (Ord. 1998-1, 7-17-1998)
7-2-14: GROUP DWELLINGS:
Group dwelling developments are permitted in any A-2 Zone through the issuance of a conditional use permit, subject to the following conditions:
A. Type Of Dwelling: Type of dwelling shall not exceed that allowed in the zone.
B. Lot Area: Each dwelling structure shall have a lot area equal to that required in the zone for an individual lot. Front, side and rear yards shall equal those required in the particular zone. (Ord. 1998-1, 7-17-1998)
C. Parking Spaces: Three (3) auto parking spaces shall be provided for each dwelling unit. (Ord., 3-1-2007)
D. Fence Enclosure: All perimeter lot lines shall be enclosed with a six foot (6') visual barrier fence.
E. Landscaping: Landscaped areas are provided.
F. Site Plan Approval: Approval of the site plan by the planning commission. (Ord. 1998-1, 7-17-1998)
7-2-15: COVERAGE REGULATIONS:
In no zone shall a building or group of buildings with their accessory building cover more than sixty percent (60%) of the area of the lot. (Ord. 1998-1, 7-17-1998)
7-2-16: YARD REGULATIONS:
A. Main Residential Buildings And Private Garages: The minimum depth of front yard for main residential buildings and for private garages (which have a minimum side yard of 15 feet) shall be thirty feet (30'), or the average of the existing buildings where fifty percent (50%) or more of the frontage between two (2) street intersections is developed, but in no case less than twenty feet (20').
B. Corner Lots: All corner lots will have a minimum of ninety feet (90') frontage on all adjacent streets. (Ord. 1998-1, 7-17-1998)
7-2-17: MOVEMENT OF STRUCTURES:
No used structures shall be moved into or within the corporate limits of this city, without first obtaining a conditional use permit approval as specified in this title and final approval from the city council. This does not apply to trailers or mobile homes placed within an approved mobile home park, or temporary storage of items designed for recreational use, such as campers, boats, etc. (Ord. 1998-1, 7-17-1998)
7-2-18: DIVISION OF LOTS AND BUILDINGS:
The presence of more than one zone within a lot shall not be permitted nor shall a building or structure be divided by two (2) or more zones. (Ord. 1998-1, 7-17-1998)
Franklin City Zoning Code
CHAPTER 2
SUPPLEMENTARY AND QUALIFYING REGULATIONS
7-2-1: EFFECT OF CHAPTER:
The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title. (Ord. 1998-1, 7-17-1998)
7-2-2: LOTS IN SEPARATE OWNERSHIP:
Any single lot or parcel of land, which was of record at the time of readoption of this Title, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this Title are met. (Ord. 1998-1, 7-17-1998)
7-2-3: YARD SPACE FOR ONE BUILDING ONLY:
No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered an providing a yard or open space on a lot whereon a building is to be erected or established, except as provided in planned unit developments. (Ord. 1998-1, 7-17-1998)
7-2-4: DWELLINGS MAINTAINED ON LOTS:
Every dwelling shall be located and maintained on a "lot" as defined in Section 7-1-6 of this Title. (Ord. 1998-1, 7-17-1998)
7-2-5: SEPARATELY OWNED LOTS; REDUCED YARDS:
In any lot under a separate ownership from adjacent lots and of record at the time of passage of the Zoning Ordinance and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which in not less than the same percentage of the width of the lot as the required side yard should be of the required lot width; provided, that on interior lots, the smaller of the two (2) yards shall be in no case less than five feet (5'), or the larger less than eight feet (8'), and for corner lots the side yard on the side street shall be in no case less than fifteen feet (15') or the other side yard be less than five feet (5'). (Ord. 1998-1, 7-17-1998)
7-2-6: PRIVATE GARAGE WITH SIDE YARD; REDUCED YARDS:
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Title, has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard, except in a Transitional Zone. (Ord. 1998-1, 7-17-1998)
7-2-7: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:
Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, roof overhang, chimneys, flues, and other ornamental features which project into a yard not more than four feet (4') and open or lattice enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard, not more than five feet (5'). (Ord. 1998-1, 7-17-1998)
7-2-8: WALLS, FENCES OR HEDGES:
A. Height Of Fences, Hedges Or Shrubs: No fence or wall or other similar structure shall be erected in any required front, rear or side yard to a height in excess of six feet (6') or in the case of residential front yards, to a height in excess of forty eight inches (48"), except for accessory buildings and structures permitted therein. Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty eight inches (48") in height.
B. Retaining Walls: Where a retaining wall protects a cut below the natural grade and located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event a protective fence or wall not more than forty eight inches (48") in height may erected at the top of the retaining wall.
C. City May Require Fence Or Obstruction: Where the subdivision or lot line is adjacent to any public, commercial, manufacturing, or private enterprise or business, a fence or obstruction may be required to be constructed by the subdivider or builder when in the judgment of the City Council such fence or obstruction is needed to prevent a hazard, nuisance or to otherwise protect the best interest of the citizens of the City. Said fences shall be required to separate residential areas from areas of high public and private) schools, or any other similar type use. Said fences or obstructions shall be six feet (6') or more in height and subject to approval by the City Council. (Ord. 1998-1, 7-17-1998)
7-2-9: AREA OF ACCESSORY BUILDINGS:
No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard. (Ord. 1998-1, 7-17-1998)
7-2-10: EXCEPTIONS TO HEIGHT LIMITATIONS:
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. (Ord. 1998-1, 7-17-1998)
7-2-11: MINIMUM HEIGHT OF MAIN BUILDINGS:
No dwelling shall be erected to height less than one story above grade. (Ord. 1998-1, 7-17-1998)
7-2-12: CLEAR VIEW OF INTERSECTING STREETS:
Clear view of intersecting streets in all zones which require a front yard, no obstruction (shrubs, trees, rocks, solid fences, woods, patios, signs, etc.) to view in excess of three feet (3') in height with respect to the adjacent street crown shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the lines except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers and pumps at gasoline service stations. (Ord. 1998-1, 7-17-1998)
7-2-13: SALE OR LEASE OF REQUIRED SPACE:
A restricted lot which meets all the requirements of this Title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, yard, or other requirements may be considered otherwise by adding or designating sufficient acreage to the adjacent lot to meet all the requirements of this Title for a lot. The added or designated land must then be duly recorded in the office of the County Recorder, Franklin County, Idaho, before a building permit may be issued. (Ord. 1998-1, 7-17-1998)
7-2-14: GROUP DWELLINGS:
Group dwelling developments are permitted in any A-2 Zone through the issuance of a conditional use permit, subject to the following conditions:
A. Type Of Dwelling: Type of dwelling shall not exceed that allowed in the zone.
B. Lot Area: Each dwelling structure shall have a lot area equal to that required in the zone for an individual lot. Front, side and rear yards shall equal those required in the particular zone. (Ord. 1998-1, 7-17-1998)
C. Parking Spaces: Three (3) auto parking spaces shall be provided for each dwelling unit. (Ord., 3-1-2007)
D. Fence Enclosure: All perimeter lot lines shall be enclosed with a six foot (6') visual barrier fence.
E. Landscaping: Landscaped areas are provided.
F. Site Plan Approval: Approval of the site plan by the planning commission. (Ord. 1998-1, 7-17-1998)
7-2-15: COVERAGE REGULATIONS:
In no zone shall a building or group of buildings with their accessory building cover more than sixty percent (60%) of the area of the lot. (Ord. 1998-1, 7-17-1998)
7-2-16: YARD REGULATIONS:
A. Main Residential Buildings And Private Garages: The minimum depth of front yard for main residential buildings and for private garages (which have a minimum side yard of 15 feet) shall be thirty feet (30'), or the average of the existing buildings where fifty percent (50%) or more of the frontage between two (2) street intersections is developed, but in no case less than twenty feet (20').
B. Corner Lots: All corner lots will have a minimum of ninety feet (90') frontage on all adjacent streets. (Ord. 1998-1, 7-17-1998)
7-2-17: MOVEMENT OF STRUCTURES:
No used structures shall be moved into or within the corporate limits of this city, without first obtaining a conditional use permit approval as specified in this title and final approval from the city council. This does not apply to trailers or mobile homes placed within an approved mobile home park, or temporary storage of items designed for recreational use, such as campers, boats, etc. (Ord. 1998-1, 7-17-1998)
7-2-18: DIVISION OF LOTS AND BUILDINGS:
The presence of more than one zone within a lot shall not be permitted nor shall a building or structure be divided by two (2) or more zones. (Ord. 1998-1, 7-17-1998)