Use of a building already erected at the time this title became effective shall not be changed unless the owner applies for and receives the appropriate business license and complies with all zoning, building code and parking requirements. (1984 Code § 5-4-1)

All streets, alleys, canals, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting them. Where the centerline of a transportation corridor serves as the district boundary, the zoning of such transportation corridor to the centerline, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (1984 Code § 5-4-2; amd. Ord. 682, 5-10-2021)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the zone in which the building or land is located. (1984 Code § 5-4-3)

A recorded assessor's tract, created for aiding in taxing parcels of land, will not be deemed a recorded subdivision for purposes of issuing permits. (1984 Code § 5-4-4)

   A.   No space, which for the purpose of a structure, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this title, may, by reason of change of ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.

   B.   The minimum yards or other open spaces required by this title shall not be encroached upon or considered as yard or open space for any other lot.

   C.   Overhanging eaves, including gutters, may project over the minimum required yard not more than twenty four inches (24").

   D.   The city council may alter the required yard area for public or quasi-public use facilities after a public hearing and after showing that such action will not cause damage and will be in accordance with the general purpose of this title.

   E.   In the event a lot or parcel includes a portion of a street, the front yard shall be measured from the edge of the public right of way. (1984 Code § 5-4-5)

   A.   Every building hereafter erected or structurally altered to provide dwelling units shall be located upon a lot and in no case shall there be more than one such building on one lot, unless otherwise provided in this title.

   B.   Any residential lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other open space, may be utilized for single residence purposes, provided the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this title. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

   C.   No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street unless provisions are made for permanent access to a public street by a twenty-five foot (25') wide minimum driveway or private street in accordance with section 10-7F-4 of this code. (1984 Code § 5-4-6; amd. Ord. 682, 5-10-2021)

The following regulations shall apply to all zones unless specifically designated otherwise:

   A.   Front Yard: No sight obscuring fence, hedge, wall, latticework or screen shall be erected over thirty six inches (36") in height in the front yard.

   B.   Maximum Height: No sight obscuring fence, hedge, wall, latticework or screen shall be erected which exceeds a height of seven feet (7') on any lot, unless authorized by a conditional use permit.

   C.   Conditional Uses Abutting Residential: A sight obscuring fence may be required by the planning and zoning commission for any conditional use which abuts any lot zoned for residential purposes.

   D.   Condition And Maintenance: Where any sight obscuring fences are required by this title to protect adjacent properties, said fence shall be painted or stained a single solid color, and shall be kept free from advertising and shall be maintained in good repair.

   E.   Electric Fences: Electric fences are prohibited.

   F.   Barbed Wire Fences:

      1.   Barbed wire fences will not be allowed in any residential subdivision, except by conditional use.

      2.   Barbed wire may be permitted in commercial or industrial zones only when used as the top section for security fences and shall be a minimum of six feet (6') above grade. (1984 Code § 5-4-7; amd. Ord. 682, 5-10-2021)

   A.   No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility.

   B.   No flashing lights of high intensity or advertising sign lights of high intensity shall be within one hundred feet (100') of the right of way boundary on the side of the road on which the sign or lights are located.

   C.   In any zone, it shall be a landowner's responsibility to remove from their properties any vegetation, fence, wall or other sight obstructions of any nature, except public highway signs and trees, where a sight obstruction constitutes a potential traffic hazard or where a sight obstruction lies within the vision triangle of vehicle operators.

   D.   Sight distance at intersections with stop control on the minor road shall conform to the following requirements:

   FIGURE 1
   Sight distance configuration at intersections with stop control on minor road.

For intersections with stop control on the minor road, minimum sight distances listed in table 1 of this section and as measured in figure 1 of this section shall be provided. The sight distance is based on the design speed of the roadway as illustrated in table 1 of this section. The design speed shall be ten (10) miles per hour greater than the posted speed limit on the major road.

The sight distance is measured sixteen feet (16') from the edge of pavement on the major road, on the centerline of the travel lane in question, and from a height of 3.5 feet above the roadway surface. The sight triangle shall be unobstructed from 3.5 feet to 7.6 feet above the roadway surface.

   TABLE 1
   INTERSECTIONS WITH STOP CONTROL ON THE MINOR

 

Note: Distance shown is for a stopped passenger car turning onto a 2 lane roadway (major road) with no median and grades 3 percent or less. For all other cases, refer to the AASHTO "Policy On Geometric Design Of Highways And Streets".

   E.   Sight distance at intersections with interior residential streets that do not meet the criteria of subsection D of this section shall conform to the following requirements:

   FIGURE 2
   Sight distance configuration at interior street intersections with no stop control.

The sight distance is measured, as illustrated in figure 2 of this section, from the intersection of the centerlines of two (2) intersecting roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line and from a height of 3.5 feet above the roadway surface. The sight triangle shall be unobstructed from 3.5 feet to 7.6 feet above the roadway surface.

   F.   The sight obstruction restriction is also applicable to railroad street grade crossings. The railroad-street vision triangle shall meet the guidelines of the current AASHTO policy on Geometrics Design of Highways and Streets.

   G.   When a member of either the public works department, the police department, the building department or any other designee of the city council determines that a traffic hazard exists because of a sight restriction or a sight restriction exists in the vision triangle, it may notify the owner and order that the sight restriction be removed. In the event there is an order to remove the sight restriction, the notice shall give the landowner not less than ten (10) nor more than twenty five (25) days to remove the obstruction. The notice shall notify the landowner of the nature of the obstruction, what must be done to remove the obstruction, the time in which the obstruction must be removed and the landowner’s right to appeal to the city council.

   H.   The landowner shall have ten (10) days from the date of service of the notice and order to file a notice of appeal with the city council. Notice of appeal may be filed by simply giving a written notice to the city clerk requesting that the removal order of the person or agency giving the removal order be reviewed. Any administrative removal or abatement order shall be stayed during the pendency of the appeal process.

   I.   An order shall be effective upon the date of service. Service shall be complete upon the date of personal delivery or upon the date of mailing. In the event a landowner cannot be personally served, the landowner may be served by regular mail addressed to the landowner’s last known address. In the event it is necessary to serve a landowner by mail, three (3) days shall be added to the time required for computation. In the event no address is available, service may be made upon any tenant residing upon the premises.

   J.   An order to remove a sight obstruction or a traffic hazard or a simple notice of an existing sight obstruction or traffic hazard, shall not obligate the city to pursue removal or abatement. Knowledge of a sight restriction or a violation of the vision triangle shall not require any officer, city employee or any other person to give a notice or an order of removal.

   K.   The failure of the owner to remove the traffic hazard within the specified time shall constitute a misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Every day the owner shall fail to remove the obstruction may be considered a separate and distinct offense.

   L.   The city or any other person, may file a civil action to enforce vision triangle restrictions. In the event a civil abatement action is successfully pursued, the successful party shall be entitled to attorney fees and costs. (1984 Code § 5-4-8; amd. 2014 Code; Ord. 682, 5-10-2021)

   A.   Location And Utility: Off street parking is required under this section only in connection with the principal use of the property. All required off street parking spaces shall be located, constructed and maintained so as to be fully usable during workday periods or as needed by the use on the premises. The required off street parking spaces shall not be utilized for vehicle storage or impounding, vehicle sales or leasing, fleet parking or parking of vehicles used in connection with the business. All required parking shall be permanently available to all users without charge.

   B.   Design: All off street parking areas, whether required or not, shall be designed and developed as set forth in the Idaho standards for public works construction. All parking spaces, except for one- and two-family dwellings on separate lots, shall be arranged so that vehicles are not required to back onto any public street for either ingress or egress.

   C.   Increase In Building Floor Area Or Occupant Load: When the occupant load of any building, as defined in the international building code, is increased, or when the building floor area on a lot is increased by a building addition or by the erection of a new building on the same development parcel, the off street parking for all uses and structures on that parcel shall be increased to conform to the requirements of this title, except as follows:

      1.   No additional parking shall be required for the increase in occupant load for an existing building in the CD zone. Additional parking shall be required only for an increase in floor area of existing buildings. This exemption shall not apply to newly constructed buildings.

      2.   The increase in floor area of any dwelling unit shall be exempt from this requirement.

   D.   Loading Space Requirement: All uses utilizing truck delivery service which are hereafter erected, constructed, converted, established or enlarged to increase their floor space shall be required to provide at least one truck loading space. All loading spaces, wherever provided, shall be located so as to avoid the backing of the truck across any street or public pedestrian walkway to either enter or leave the loading area. All loading docks shall be screened from view to persons on adjacent streets or adjacent residential sites.

   E.   Setbacks For Required Parking: Each parking area shall have a front setback of not less than the required front setback for a principal building or five feet (5'), whichever is greater.

   F.   Parking Structures: Buildings or structures used for off street parking shall be subject to all regulations applicable to principal buildings and accessory buildings. Buildings or structures providing required off street parking may be altered, changed or converted for any permitted use only after the required number of parking spaces is provided elsewhere.

   G.   Off Street Parking Requirements For Residential Uses: All required off street parking and driveways to residential use parking shall be on the same building site. Unless tandem parking is specifically permitted, the access to each required parking space shall be unrestricted by either the physical condition of the land or another parking space. This provision shall not be construed to prevent adjoining lots from utilizing joint use driveways. (1984 Code § 5-4-9; amd. 2014 Code; Ord. 682, 5-10-2021)

Accessory structures, except as otherwise permitted in this title, shall be subject to the following regulations:

   A.   Where an accessory structure is attached to a main building, it shall be subject to and conform with regulations of this title which are applicable to the main building.

   B.   Accessory structures shall not be located nearer than five feet (5') from an interior lot line and not nearer than five feet (5') to the rear lot line, unless otherwise provided herein.

   C.   No detached accessory building shall be located closer than five feet (5') to any main building or other structures.

   D.   An accessory building may be erected prior to the establishment or construction of the principal use or building if a conditional use permit is obtained.

   E.   Unless a conditional use permit is obtained, no accessory structure shall exceed the principal structure in height and square footage.

   F.   An accessory building shall not be used as a temporary or permanent shelter for human habitation or occupancy.

   G.   Swimming pools shall be considered accessory structures when constructed on private lots where a main building exists. No swimming pool shall be placed in use until a proper fence with a locked gate is erected. A proper fence is one which will exclude young children from the area of said pool unless accompanied by a responsible older person. Owners of swimming pools shall accept responsibility for any liability incurred due to the presence of such pools.

   H.   A portable canopy is considered an accessory structure and requires a siting permit pursuant to this section. Portable canopies are only allowed in the rear yard of residential properties and are not allowed in the front or side yard. Portable canopies may encroach into the rear setback areas of the property provided a site-obscuring fence of six feet (6') in height from established grade is constructed to shield the canopy from neighboring properties and public streets. Portable canopies must be anchored to withstand normal weather patterns. The owner of a portable canopy or the owner of the real property on which it is located shall maintain such canopy in a state of good appearance, safety, and repair, including, but not limited to, supporting framework and covering materials. Any damaged portable canopy shall be repaired or removed immediately. The temporary use of a portable canopy, not to exceed forty-eight (48) hours, is exempted from this section.

   I.   A portable automobile canopy is considered an accessory structure and requires a siting permit pursuant to this section. Portable automobile canopies may encroach into the rear setback areas of the property provided a site-obscuring fence of six feet (6') in height from established grade is constructed to shield the canopy from neighboring properties and public streets. Portable automobile canopies may encroach into the front setback area of the property provided they do not obstruct traffic lines of sight or encroach onto the sidewalk. Portable automobile canopies must be anchored to withstand normal weather patterns. The owner of a portable automobile canopy or the owner of the real property on which it is located shall maintain such canopy in a state of good appearance, safety, and repair, including, but not limited to, supporting framework and covering materials. Any damaged portable automobile canopy shall be repaired or removed immediately.

   J.   A siting permit shall be required for any accessory structure having less than two hundred (200) square feet of roof area. The fee for such permit shall be established by resolution of the City Council. Any person who constructs an accessory building without first obtaining a siting permit as required by this subsection shall be guilty of a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code.

(1984 Code § 5-4-10; amd. Ord. 568, 8-12-2013; Ord. 630, 9-25-2017; Ord. 682, 5-10-2021; Ord. 712, 2-10-2025; Ord. 715, 6-23-2025; Ord. 720, 10-27-2025)

   A.   Definition: A "lot line adjustment" is a readjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width or depth of each building site below the minimum prescribed by any City ordinance or any covenant pertaining to said plat.

   B.   Applicability: The lot line adjustment procedure may be used:

      1.   Where parcels or lots are being combined, or

      2.   Where the adjustment of lot lines is requested and no new buildable lot will be created, or

      3.   Where the reorientation of existing lots does not increase the number of buildable lots.

      4.   The procedure may not be used where it creates or expands nonconformity with land use ordinances.

   C.   Application: The application for a lot line adjustment shall consist of the following:

      1.   Applicant Name, Owner Name, Purchaser Name, Representative Name, Applicant Name and Phone Numbers, Email Addresses, Mailing Addresses for all names. If the signature on the application is not the owner of the property, a notarized statement (Affidavit of Legal Interest) from the owner stating the applicant is authorized to submit the application.

      2.   Proof of Ownership.

      3.   Record of Survey including the following:

         a.   A heading and narrative stating the purpose of the survey.

         b.   Subdivision, Lots, and Blocks affected.

         c.   Existing Lot and Block numbers and new parcel numbers shown.

         d.   Existing and new property lines shown and labeled.

         e.   Square footage and acreage of the new parcels.

         f.   Existing easements and any proposed easements.

         g.   Abutting road names and rights-of-way, including alleys.

         h.   Existing buildings and new setbacks.

         i.   A signature line for City Engineer Certification.

         j.   Signatures of all owners of record.

      4.   Legal descriptions for the new parcels.

      5.   Three (3) copies of the lot line adjustment plat on 11" x 17" sheets drafted with black ink at a legible scale and stamped by a Licensed Land Surveyor.

      6.   Surveyor verification of closures on all new parcels prior to application submission.

   D.   Installation Of Utilities: In the event utilities have been installed, lot line adjustments shall not be allowed unless written approval is obtained from all affected utilities.

   E.   Utility Easements: If utilities are not in place, the property owner shall provide adequate utility easements before a lot line adjustment will be granted. (1984 Code § 5-4-12; amd. Ord. 666, 5-11-2020; Ord. 682, 5-10-2021)

   A.   Purpose And Intent: The purpose of this section is to establish standards and regulations governing the location and approval of manufactured housing in the City. It is the intent of these regulations to allow a mix of housing types and living styles. However, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of the manufactured home, allowing only those that are acceptably similar in appearance to site built dwellings on individual lots in all residential zoning districts. The Planning and Zoning Commission and/or City Council may subject any such manufactured home and the lot on which it is placed to any or all of the same development standards to which any single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architectural and aesthetic requirements. However, any architectural requirements imposed on the manufactured home itself, exclusive of any requirement for any and all additional enclosures, shall be limited to roofing and siding material. In no case may the Planning and Zoning Commission or City Council apply any development standards which will have the effect of totally precluding manufactured homes from being installed as permanent residences. (1984 Code § 4-4-1)

   B.   Definitions:

       FOUNDATION SYSTEM: An assembly of materials constructed, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces.

      GUIDELINES FOR MANUFACTURED HOUSING INSTALLATIONS: (Self- explanatory) The current edition as written by the International Conference Of Building Officials.

      MANUFACTURED HOME: A dwelling unit which is fabricated in one or more sections at a location other than the homesite by assembly line type production techniques or by other construction methods unique to an off site manufacturing process. Every section shall bear a label certifying that it is built in compliance with the federal manufactured home construction and safety standards. For mobile homes built prior to June 15, 1976, a label certifying compliance to the standard mobile home, NFPA 501, ANSI 119.1, in effect at the time of manufacture, is required. For the purpose of this guideline, a mobile home shall be considered a manufactured home. A manufactured home is designed to be towed on its own chassis or be site delivered by alternative means. The home must also meet the criteria established in subsection C of this section. (1984 Code § 4-4-2)

   C.   Development Standards:

      1.   Specified: Manufactured homes built since June 15, 1976, and manufactured homes built prior to June 15, 1976, which have been updated to standards required of manufactured homes built after that date:

         a.   Allowed in zones SFR and LLR.

         b.   Shall have a metallic, wood shake or asphalt shingle roof with a minimum slope of sixteen percent (16%) (2:12).

         c.   Shall have horizontal or vertical aluminum, simulated wood or wood siding.

         d.   Shall have a foundation fascia that is similar in appearance and durability to masonry foundation of site built dwellings, as approved by the building inspector, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.

         e.   Electrical, gas, water and sewer connections shall be made permanent. Gas shutoff valves, meters and regulators shall not be located beneath the manufactured home.

         f.   Shall comply with all other applicable requirements of the zoning district in which the manufactured home is located (such as lot size and setback requirements).

      2.   Accessory Structures: Attached accessory structures, as permitted in the zoning district in which the manufactured home is to be located, shall be similar in material and integrated into the design of the structure. Accessory structures must meet international building code standards or HUD standards.

      3.   Permanent Foundation: All manufactured homes placed on privately owned lots which lie outside of manufactured home courts or manufactured home parks, shall comply with Idaho Code section 44-2201 et seq., and shall be placed on a permanent foundation. A permanent foundation shall comply with the following requirements:

         a.   I-Beam Ribbon Footings: Ribbon footings shall be poured concrete continuous footings at least twenty inches (20") wide and eight inches (8") deep; placed on firm, undisturbed soil below the prevailing frost line. Slabs shall be level and parallel to, and centered on, the main frame beams and extending to the end of the frames. Slabs shall contain three (3) no. 4 reinforcing rods evenly spaced.

         b.   Piers: Blocking shall have a maximum spacing of six feet (6').

         c.   Centerline Support: The minimum centerline support base block shall be sixteen inches by sixteen inches by four inches (16" x 16" x 4"). However, when the manufacturer's setup instructions require larger supports, then those requirements shall be met.

         d.   Anchoring: Weather resistant anchor ties shall be embedded in the outside ribbon footing within three feet (3') of each end and a maximum of twelve feet (12') between centers and shall be tied to the I-beam with cable or zinc coated strapping. Anchor ties shall be designed for a three thousand one hundred fifty (3,150) pound working load and withstand a fifty percent (50%) overload (4,750 pounds).

         e.   Crawl Space Enclosure: The crawl space beneath the home shall have a perimeter fascia enclosure adequately secured to the perimeter of the home and designed and supported to resist all forces to which it may be subject, without transmitting those forces to the building superstructure. The bottom of the enclosure shall be below the prevailing frost level. Minimum venting of the perimeter fascia enclosure shall be one minimum ninety six (96) square inch vent (net size of screen) every twenty five feet (25'), and to include one three feet (3') from each corner in both directions. No fascia shall have less than eight (8) vents. (1984 Code § 4-4-3; amd. 2014 Code)

   D.   Administration And Enforcement: Prior to locating the manufactured home on a lot, applications for approval of manufactured housing shall be submitted to the building inspector on the standard prescribed form. In addition to such information which is generally required for building permits and which is necessary for administrative purposes, such applications shall also include all information necessary to determine the manufactured home's conformity with subsection C of this section, including exterior siding, foundation and any other applicable information. (1984 Code § 4-4-4)

   E.   Criteria For Homes Placed Within City Limits:

      1.   Approval Stickers: All new manufactured housing, modular homes and mobile homes placed for occupancy within the city limits, whether in an established mobile home park or on any individual lot, shall have any and all approval stickers as required by the state and shall have a date of manufacture after June 15, 1976.

      2.   Conformity To Codes: All previously owned, used, significantly altered, moved or rebuilt homes, modular homes and mobile homes placed within the city limits shall meet all international building code requirements, all state electrical codes and all state plumbing codes.

      3.   Certificate Of Occupancy: No structures shall be occupied without approvals outlined in subsections E1 and E2 of this section, and without an occupancy certificate being issued by the building inspector or building official. (1984 Code § 4-4-5; amd. 2014 Code)