Franklin City Zoning Code

For the purpose of this Title, the following five (5) zones are created to be applied as necessary to regulate the development of the land in the City:

 

 

(Ord. 1998-1, 7-17-1998)

The boundaries of each of the said zones are hereby established as described herein or shown on the map entitled "Zoning Map of Franklin City, Idaho" which Map is attached to Ordinance 1998-1, on file in the office of the City Clerk, and all boundaries, notations, and other data shown thereon are made by this reference as much a part of this Title as if fully described and detailed herein. (Ord. 1998-1, 7-17-1998)

This Title and Map shall be filed in the custody of the City Clerk and may be examined by the public subject to any reasonable regulations established by the City Clerk. (Ord. 1998-1, 7-17-1998)

Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

   A.   Center Lines Of Streets: Wherever the zone boundary is indicated as being approximately upon the center line of a street, alley, or block, or along a property line, then, unless otherwise definitely indicated on the Map, the center line of such street, alley, or block or such property line, shall be construed to be the boundary of such zone.

   B.   Center Line Of Waterway Or Railroad: Whenever such boundary line of such zone is indicated as being approximately at the line of any river, irrigation canal or other waterway or railroad right of way, or public park or other public land or any section line, then in such case the center of such stream, canal or waterway, or of such railroad right of way or the boundary lines of such public land or such section line shall be deemed to be the boundary of such zone.

   C.   Council Interpretation: Where the application of the above rules does not clarify the zone boundary location, the City Council shall interpret the Map. (Ord. 1998-1, 7-17-1998)

Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance after receipt or recommendation thereon from the Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 1998-1, 7-17-1998)

Amendments to this Title may be initiated in one of the following ways:

   A.   By adoption of a motion by the Commission;

   B.   By adoption of a motion by the Council; and

   C.   By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by said amendment. (Ord. 1998-1, 7-17-1998)

Applications for amendments to the Official Zoning Map adopted as part of this Title shall contain at least the following information:

   A.   Name, address, and phone number of applicant;

   B.   Proposed amending ordinance, approved as to form by the Council;

   C.   Present land use;

   D.   Present zoning district;

   E.   Proposed use;

   F.   Proposed zoning district;

   G.   A vicinity map at a scale approved by the Commission showing property lines, thoroughfares, existing and proposed zoning and such other items as the Commission may require;

   H.   A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered;

   I.   A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities and compatibility with the surrounding area;

   J.   A fee as may be established by Council. (Ord. 1998-1, 7-17-1998)

Zoning districts shall be amended in the following manner:

   A.   Requests for an amendment to the Zoning Ordinance shall be submitted to the Commission which shall evaluate the request to determine the extent and nature of the amendment request.

   B.   If the request is in accordance with the adopted Comprehensive Plan, the Commission may recommend and the Council may adopt or reject the ordinance amendment under the notice and hearing procedures an herein provided.

   C.   If the request is not in accordance with the adopted Comprehensive Plan, the request shall be submitted to the Planning and Zoning Commission or, in its absence, the Council, which shall recommend any changes to the Plan. Then the Council may adopt or reject an amendment to the Comprehensive Plan under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the Comprehensive Plan has been amended, the Zoning Ordinance may then be amended as hereinafter provided for. The hearing on the Comprehensive Plan and the proposed change to the Zoning Ordinance may be held concurrently. (Ord. 1998-1, 7-17-1998)

The Commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or Map revisions.

   A.   Zoning Ordinance Text Amendment: The Commission prior to recommending a Zoning Ordinance text amendment to the Council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and a summary of the amendment shall be published in the official newspaper of general circulation within the jurisdiction. Following the Commission's hearing, if the Commission makes a material change from what was presented at the public hearing, further notices and hearing shall be provided before the Commission forwards the amendment with its recommendation to the Council.

   B.   Zoning Ordinance Map Amendment: The Commission prior to recommending a Zoning Ordinance Map amendment that is in accordance with the Comprehensive Plan to the Council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and a summary of the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice of hearing shall be provided by mail to property owners by the applicant and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the Commission. The applicant shall provide the Administrator with the signatures of such property owners acknowledging that they have received such notice. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears ten (10) days prior to the public hearing. Following the Commission's hearing, if the Commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the Commission forwards the amendment with its recommendation to the Council. (Ord. 1998-1, 7-17-1998)

Within sixty (60) days from the receipt of the proposed amendment, the Commission shall transmit its recommendation to the Council. The Commission may recommend that the amendment be granted as requested, or it may recommend that the amendment be denied. The Commission shall ensure that any favorable recommendations for amendments are in accordance with the Comprehensive Plan and established goals and objectives. (Ord. 1998-1, 7-17-1998)

   A.   Hearing; Notice: The Council, prior to adopting, revising, or rejecting the amendment to the Zoning Ordinance as recommended by the Commission, shall conduct at least one public hearing using the same notice and hearing procedures as the Commission. Following the Council hearing, if the Council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the Council adopts the amendment.

   B.   Action On Commission Recommendation: The Council shall accept the recommendation of the Commission's report unless rejected by a vote of one-half (1/2) plus one of the members.

   C.   Specifications: Upon granting or denying an application to amend the Zoning Ordinance, the Council shall specify:

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

   D.   Passage Of Ordinance: In the event the Council shall approve an amendment, such amendment shall thereafter be made a part of this Title upon the preparation and passage of an ordinance. (Ord. 1998-1, 7-17-1998)

No application for a reclassification of any property which as been denied by the Council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action; unless there is an amendment in the Comprehensive Plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 1998-1, 7-17-1998)

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed Comprehensive Plan and Zoning Ordinance changes for the unincorporated area. The Commission and the City Council shall follow the notice and hearing procedures provided in Section 7-4-6 of this Title. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the Comprehensive Plan and this Title. (Ord. 1998-1, 7-17-1998)

The purpose of the A-1 Single-Family Residence Zone is to provide appropriate locations where low density residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment of, with proper controls, the public and semi-public uses such as churches, schools, libraries, parks and playgrounds, which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to a single-family neighborhood. (Ord. 1998-1, 7-17-1998)

Accessory uses and buildings.

"Agriculture", as defined herein.

Household pets.

Single-family dwellings. (Ord. 1998-1, 7-17-1998)

Art museum, public.

Church.

Family childcare center.

Home occupation, sales and service 1 .

Home preschool.

Intra block lot for single-family dwelling.

Library, public.

PUD 2 .

Park or playground, public.

Parking lot for permitted use.

Public building.

Public school.

Public utility.

Residential handicap facility. (Ord. 1998-1, 7-17-1998)

No main building shall be erected to a height greater than twenty five feet (25') to be measured from grade. Accessory buildings and other main buildings shall not be erected to a height greater than the dwelling. (Ord. 1998-1, 7-17-1998)

 

 

(Ord. 1998-1, 7-17-1998)

   A.   Main Buildings: Side yard - main buildings and other buildings shall have a minimum of fifteen feet (15') for each side yard. The street side of a corner lot shall be thirty feet (30') for main and all accessory buildings. (Ord. 1998-1, 7-17-1998)

   B.   Accessory Buildings: All accessory buildings must be five feet (5') from side and back property lines. (Ord., 12-9-2015)

The purpose of the A-2 residence zone is to provide appropriate locations for multiple-family dwellings. (Ord., 3-1-2007)

Accessory buildings and uses.

Agriculture.

Dwelling, single-family.

Home occupations and home sales and service. (Ord., 3-1-2007)

Accessory building for two-, three-, four-families.

Church.

Dwelling, two-, three-, four-family on an individual lot.

Homes providing daycare for children.

Intrablock development.

Nursing home.

Parking lot for permitted or conditional uses.

Public park or playground.

Public school.

Public utility.

Retirement center. (Ord., 3-1-2007)

No building shall be erected to a height greater than twenty five feet (25') above grade and no accessory building shall be erected to a height greater than twenty five feet (25') above grade. (Ord., 3-1-2007)

 

 

Note:

      1.      For each additional unit there shall be 5,000 square feet of area up to a maximum of 4 family units.

(Ord., 3-1-2007)

   A.   Dwelling Area: Each family dwelling unit shall contain a minimum of eight hundred fifty (850) square feet of living area.

   B.   Green Space: All A-2 complexes must provide an area equal to twenty percent (20%) of total real property sited for the development. Green space includes grass, trees, and other shrubbery and plants. Green space will allow for improved drainage and milder temperature fluctuations.

   C.   Recreation Area: A-2 complexes with eight (8) individual units or more must provide an area equal to five percent (5%) of total real property sited for the development with fully developed recreation facilities as approved by the city's consulting engineer. Recreation area should be in addition to green space required.

   D.   Lighting: Multi-family dwelling parking and pedestrian areas shall have adequate lighting for safety as approved by the city officials and/or city's consulting engineer.

   E.   Water/Sewer: One water/sewer hookup or line is required per unit. The size of the line will be determined by ERUs. (Note: This would be done according to the current resolution on water and sewer connection fees.)

   F.   Number Of Living Units: Maximum living units per building shall be no more than four (4) individual family units.

   G.   Side Yard: Main buildings and other buildings shall have a minimum of fifteen feet (15') for each side yard. The side yard for one building cannot be the same as the side yard for another, so that there is a minimum of thirty feet (30') between buildings. The street side yard of a corner lot shall be thirty feet (30') for main and accessory buildings.

   H.   Perimeter Fence: Property shall be effectively screened on any side adjoining property by a wall, fence, or hedge to a height of six feet (6') except for the front yard setback area of the adjoining property, in which case the maximum height shall be three feet (3').

   I.   Parking Space Requirements: Three (3) parking spaces shall be provided for each dwelling unit, two (2) of which may be uncovered.

   J.   Garbage Dumpsters: If garbage dumpsters are used for multiple families, they shall be placed in a screened, sight obscured area.

   K.   Curb And Gutter And Sidewalk: Curb, gutter and sidewalk shall be required along city rights of way and shall be placed according to the city's comprehensive plan as approved by the city's consulting engineer. (May refer to subdivision ordinances for specific requirements.)

   L.   Disposal Of Stormwater: Proper and adequate provision shall be made for disposal of stormwater. The type, extent, location, and capacity of drainage facilities shall be determined for the individual multi-family complex by the complex engineer and approved by the city's consulting engineer.

   M.   Performance Bond: A building permit shall not be issued for any multi-family dwelling unless the owner or developer shall furnish the city a form of security which will ensure the proper and prompt installation of all site improvements as required by this chapter. Such surety bond or other guarantee shall be in the amount of one hundred ten percent (110%) of the estimated cost of the improvements as determined by the city's consulting engineer. (Ord., 3-1-2007)

This type of zoning pattern is intended to create a transitional area and buffer zone between agriculture areas and residential development. This zoning pattern is not intended to eliminate agricultural uses with the City. It is, however, intended to discourage the establishment of new agricultural operations within the City limits. (Ord. 1998-1, 7-17-1998)

   A.   Those used allowed in Zoning Districts Residential A-1, A-2 as regulated therein.

   B.   No other uses, industrial, commercial, or otherwise, unless such use has been allowed. (Ord. 1998-1, 7-17-1998)

   A.   The minimum lot area for single-family dwellings shall be twelve thousand five hundred (12,500) square feet.

   B.   The minimum area for each dwelling unit above that required for single-family dwellings shall be three thousand (3,000) square feet of land area for each additional unit.

   C.   Any building or structure or portion thereof thereafter erected shall not exceed twenty five feet (25') in height measured from the existing grade of the proposed site, unless approved by a special use permit. (Ord. 1998-1, 7-17-1998)

 

 

*For each additional unit there shall be 3,000 square feet of area.

(Ord. 1998-1, 7-17-1998)

   A.   Side Yard: Main buildings and other buildings shall have a minimum of fifteen feet (15') for each side yard. The street side yard of a corner lot shall be thirty feet (30') for the main and accessory buildings.

   B.   Dwellings Area: Each family dwelling unit shall contain a minimum of eight hundred fifty (850) square feet of living area.

   C.   Recreation Area: All transitional and A-2 multi-family complexes must provide an area equal to ten percent (10%) of total area with fully developed recreation facilities.

   D.   Density: Multiple-family dwellings must be located such that the density is equivalent to no greater than four (4) residential multiple dwellings per block area within the City limits. (Ord. 1998-1, 7-17-1998)

Refer to Chapter 5 of this Title. (Ord. 1998-1, 7-17-1998)

All accessory uses need a conditional use permit that will be in accordance with the zone in which it is located. (Ord. 1998-1, 7-17-1998)

The purpose of the Business Zone is to establish district zones regulated to fulfill general shopping center retail needs and travel or highway related service requirements within the community. (Ord. 1998-1, 7-17-1998)

Automobile and truck repair shop.

Automobile sales and service.

Automobile sales lot, surfaced.

Automobile service stations.

Boarding and rooming houses.

Bowling alley, dance hall, or similar commercial establishments for public gatherings or recreational use.

Camper or travel trailer park.

Club or lodge.

Commercial and private off-street parking lot for passenger automobiles.

Drive-in theater.

Farm machinery, heavy equipment sales and services, or any other similar uses.

Government or public utilities facilities of a nonindustrial character.

Hospital.

Medical clinics.

Mortuary.

Motels and hotels.

Nursery school, school for students of art, dancing, dramatics, music, business or secretarial work.

Office of a medical, professional or administrative character.

Radio, television and FM broadcasting stations, including aerials when made an integral part of a principal building.

Retail stores and retail or personal service shops, banks, offices, hotels, motels and restaurants.

Tavern or lounges.

Theater, indoors.

Trailer sales and rental. (Ord. 1998-1, 7-17-1998)

   A.   There shall be no minimum lot sizes.

   B.   Any building or structure or a portion thereof hereafter erected shall not exceed five (5) stories or forty five feet (45') in height, unless approved by the special use permit. (Ord. 1998-1, 7-17-1998)

Certain structures within and projections into required rear area are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculations of coverage unless otherwise specified.

   A.   Setback Requirements: No front or side yard except that when a building or group of buildings abuts upon a residential district, a yard shall be provided on the side of a lot abutting the residential district, having a width of not less than ten feet (10').

   B.   Rear Yard: There shall be a rear yard with a depth of not less than fifteen feet (15'), unless a special use permit is approved. The rear yard may be used for off-street parking and loading. (Ord. 1998-1, 7-17-1998)

Refer to Chapter 5 of this Title. (Ord. 1998-1, 7-17-1998)

Accessory uses are permitted if constructed either at the same time or subsequent to the main building. Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas. (Ord. 1998-1, 7-17-1998)

Residential building permits in the Business Zone can apply for a variance on a case by case basis. (Ord. 1998-1, 7-17-1998)

The Industrial Zone is established to provide for and encourage the grouping together of light industrial uses and heavy industrial uses capable of being operated under such standards as to location and appearance of buildings and the treatment of the land about them, that they will be unobtrusive and not detrimental to surrounding commercial or residential uses. (Ord. 1998-1, 7-17-1998)

Those uses allowed in the Business Zone except multiple- family dwellings, school, churches, and hospitals.

Boarding kennel.

Broadcasting tower for radio or television.

Contracting equipment, maintenance for operating equipment of public agencies or public utilities or materials and equipment of a similar nature including lumber, coal, sand and gravel yards.

Creameries.

Flour mills.

Food processing.

Grain elevators and bulk storage, such as for potatoes, hay, and other similar uses.

Laundry and dry cleaning of an industrial character.

Manufacturing, assembling, fabricating, processing, packing, repairing, or storage uses which have not been declared a nuisance by statute, resolution or in any court of competent jurisdiction, and provided these uses shall not cause:

   A.   Unreasonable dust, smoke, gas, fumes, noise, vibration, or odor beyond the boundaries of the site upon which such use in conducted.

   B.   Hazard of fire, explosion, or other physical damage to any adjacent building or plant growth.

Tannery. (Ord. 1998-1, 7-17-1998)

None, except that within one hundred feet (100') of the boundary of any adjoining zone, no building shall exceed the height limit established for main buildings in such adjoining zone and shall not exceed height limit of the Business Zone. (Ord. 1998-1, 7-17-1998)

Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculations of coverage unless otherwise specified.

   A.   Front Yard: The front yard setback shall be a minimum of thirty feet (30') when a lot abuts, touches, or adjoins or is across the street from a residential district, otherwise no front yard setback is required.

   B.   Side Yard: The side yard shall be a minimum of twenty feet (20') when a lot abuts, touches or adjoins a residential district, otherwise no side yard setback is required.

   C.   Rear Yard: The rear yard shall be a minimum of twenty feet (20') when a lot abuts, touches or adjoins a residential district, otherwise no rear yard is required. (Ord. 1998-1, 7-17-1998)

Refer to Chapter 5 of this Title. (Ord. 1998-1, 7-17-1998)

Accessory uses are permitted. (Ord. 1998-1, 7-17-1998)