The regulations of each zone set forth by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

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

   B.   Prohibited Acts: No building or other structure shall be erected or altered unless in accordance with this code.

   C.   Reduction Of Lot Or Yard: No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall be at least the minimum requirements set forth herein. (Ord. 2009-05, 9-28-2009)

The schedule of zoning regulations shall be as set forth in sections 11-5-5 through 11-5-7 of this chapter and in the performance standards, chapter 6 of this title. To determine in which zone a specific use is allowed, it is necessary to find the use in one of the groups and read across the schedule until either the letter "P" or the letters "SUP" appear in one of the columns. If the letter "P" appears, the use is a permitted use; if a dash ("-") appears, the use is prohibited and if the letters "SUP" appear, the use is only allowed upon the issuance of a special use permit. The administrator shall interpret the appropriate zone for land uses not specifically mentioned by determining a zone in which similar uses are permitted. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity.

Numerical indications after the use refer to the North American industry classification system (NAICS) number and definition as delineated at www.census.gov/eos/www/naics. (Ord. 2009-05, 9-28-2009)

   A.   Zones:

 

   B.   Zone Regulations:

 

 

Other uses deemed similar by the administrator or commission to the uses in a specific zone may be allowed as permitted uses. Uses not specifically listed or not deemed similar to allowed uses shall require a special use permit. (Ord. 2009-05, 9-28-2009)

   A.   Area Requirements And Standards:

      1.   All zones shall comply with the schedule found in section 11-5-7 of this chapter for minimum lot areas per dwelling and the minimum width and depth per dwelling providing central water and sewage systems and alleys or easements are provided.

      2.   The area of any lot shall be sufficient to permit the use of sewage absorption system of a shallow or deep type and be based upon the results of soil percolation test conducted in accordance with the regulations of the health department. To be considered for area reduction, plans of a public water supply to serve a subdivision must also be approved by the health department.

      3.   Additional structures and/or dwellings may not be connected to an existing septic system serving another dwelling in cases where the system was not sized to accept the increased load. The size of the system must conform to the current rules and regulations of the state of Idaho and the health department.

   B.   Yard And Height Requirements: All zones shall comply with the following schedule for minimum side yards, minimum rear yards and maximum height of buildings.

      1.   The minimum side yard along a street or corner lot shall be the same as the setback requirements for such a zone.

      2.   The minimum rear yard may be measured to the centerline of any alley where an alley abuts the rear lot lines.

      3.   Accessory buildings will not be located in any front yard area and not located any closer than eight feet (8') from any interior side or thirty feet (30') from a street side or any closer than eight feet (8') from rear property line.

      4.   No side yard required except on the side of a lot adjoining a residential zone MR (multi-family residential) in which case a side yard of not less than eight feet (8') shall be provided.

      5.   Any building exceeding three (3) stories in height shall require a sprinkler system for fire protection.

   C.   Minimum Setbacks: All zones shall comply with the following schedule for minimum setback of buildings:

      1.   Zones A-1, A-2, A-3, R-2, R-3, MR, and public: Thirty feet (30') from the front lot line if standard sixty foot (60') right of way is provided; fifty five feet (55') from the centerline of the street right of way in existing areas with substandard street right of way; or sixty feet (60') from the boundary line of any 1/4, 1/4 section or the centerline of any arterial street; or eighty feet (80') from the centerline of any state or federal highway, whichever is greater.

      2.   Zones MX, HT, C-1, C-2, M-1 and M-2: Thirty feet (30') from the front lot line if standard eighty foot (80') right of way is provided; fifty five feet (55') from the centerline of the street right of way in existing areas with substandard street right of way; sixty feet (60') from the boundary line of any 1/4, 1/4 section or the centerline of any arterial street; eighty feet (80') from the centerline of any state or federal highway, whichever is greater. (Ord. 2009-05, 9-28-2009)

 

 

 

Notes:

     1.    See mineral extraction overlay map and other mineral extraction standards in subsection 11-6-5O of this title.

     *    See section 11-6-5 of this title for special standards that apply.

(Ord. 2009-05, 9-28-2009; amd. Ord. 2013-01, 1-22-2013)

   A.   Defined: See section 11-2-2 of this title.

   B.   General: An "accessory building or use" as defined and regulated herein, is permitted in any zone where the principal use to which it is accessory is permitted.

   C.   Permitted Accessory Uses:

      1.   Accessory uses are permitted if constructed either at the same time or subsequent to the main building.

         a.   Agricultural Zones: Accessory agricultural buildings not intended for human habitation and for agricultural use only shall be exempt from these regulations. If the building is intended for human habitation it shall not be considered an accessory building.

         b.   Residential Zones: Such uses shall be limited to one and one- half (11/2) stories in height and shall not encroach upon the required setbacks in residential zones as set forth in subsection 11-5-4C of this chapter. A building permit will be required for any accessory building over one hundred twenty (120) square feet in size.

         c.   Commercial And Industrial Zones: Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas in commercial and industrial zones as set forth in subsection 11-5-4C of this chapter. A building permit will be required for any accessory building over one hundred twenty (120) square feet in size. (Ord. 2009-05, 9-28-2009)

   MINIMUM YARD SETBACK REQUIREMENTS

 

Notes:

    1.    Except barns, silos, and windmills.

    2.    Unless addressed in covenants. However, private covenants that are less restrictive than this code will not be recognized.

    3.    Any building over 3 stories must have fire sprinklers installed.

    4.    Subject to building code requirements.

    5.    May be reduced if on central water and sewer.

    6.    May be reduced to minimum of 75 feet if on central water and sewer.

    7.    If all lots are more than 2 acres in size, individual wells may be allowed by applying for a waiver through the board and health department.

    8.    Cornices, canopies, eaves or other projections which do not increase the volume of the space enclosed by the building and do not project into any required yard more than 2 feet; provided that an unroofed stair and landing together with a railing may project not more than 3 feet into a front yard or 6 feet into the rear.

    9.    The front building setback for landlocked parcels shall be the property line that the main entry of a dwelling or front of a structure faces.

(Ord. 2014-03, 2-18-2014)