The following provisions shall be subject to the general regulations of this title and to the special provisions and exceptions in this and the following sections so to secure the intent of this title. In all cases of administration and enforcement of this title for which no other specific provision is made in this chapter and other provisions herein, the commission shall provide for the same by order, resolution or the adoption of a rule, regulation or bylaw, which provision shall be in accord with and consistent with the objectives and standards of this title. Uses not specified within use districts are prohibited unless determined by the commission or its authorized representative to be similar in nature to those specified. (Ord. 487, 7-23-2002)

Whenever any uncertainty exists as to the boundary of any district shown on any zoning map, the following rules shall apply:

   A.   Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.

   B.   Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.

   C.   Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map. (Ord. 487, 7-23-2002)

If it is determined by the city or Idaho transportation department that traffic control devices or other traffic regulation improvements are required as a result of a development, the applicant shall be responsible for the cost of installation or construction of said improvements. (Ord. 487, 7-23-2002)

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

   A.   Cornices, Canopies, Eaves Or Other Projections: Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the building; provided, that none of these shall project into any required yard more than two feet (2').

   B.   Exterior Stairs: Exterior stairs of open design; provided, that no such stairs shall project into a required front or side yard more than three feet (3') and into any rear yard more than six feet (6'). (Ord. 487, 7-23-2002)

   C.   Fences, Walls And Hedges: Fences, walls and hedges are permitted in any required yard or along the edge of any yard to a height of six feet (6'); provided, that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three feet (3') in height; with the exception of an open vision fence in any front yard or side yard adjoining a cross street, which may be four feet (4') in height. On a corner lot in any residential district nothing shall be erected, placed, planted, or allowed to grow in any such manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of intersecting streets bounded by the property lines of such corner lots on a line joining points along said property lines for thirty feet (30'). (Ord. 487, 7-23-2002; amd. Ord. 523, 5-8-2007)

   A.   Existing Uses: Any use lawfully occupying a building or land at the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued.

   B.   Enlargement Or Extension Of Building Occupied By Nonconforming Use: A building occupied by a nonconforming use may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

   C.   Enlargement Or Expansion Of Space Occupied By Nonconforming Use: No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.

   D.   Nonconforming Use Expanded To Occupy Open Space: No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel. (Ord. 487, 7-23-2002)

   E.   Discontinued Use: Whenever a nonconforming use of land or building has been discontinued for a period of five (5) years such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the use district. Provided, however, if the nonuse continues for a period of five (5) years the city may, with written request, require that the owner declare his intention within twenty eight (28) days of receipt of the request. The right to use the property for its previous purpose shall pass from the seller to the purchaser of the property, and shall continue for a period of five (5) years thereafter. If the property is not used for its designed purpose within that period of time, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property. (Ord. 535, 7-8-2008)

   A.   Destruction By Fire Or Other Calamity: Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the appraised value may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%); provided, that such restoration is started within one calendar year and diligently progressed to completion.

   B.   Enlargement: A nonconforming structure may be enlarged if the addition conforms to the bulk regulations and land use regulations of the underlying zone (see the following diagram):

   C.   Ordinary Repair: Ordinary repair work may be done to any nonconforming structure; provided, that the building's volume is not increased. Such repair work may include repair or replacement of nonbearing walls, fixtures wiring, and plumbing. Any nonconforming structure declared by the building official to be unsafe may be strengthened or restored to a safe condition upon receiving a conditional use permit. (Ord. 487, 7-23-2002)

   D.   Restoration Of Nonconforming Houses: Any nonconforming house made uninhabitable from age or fire in zones R-1, R-2, R-3, R-4, commercial and agricultural may not be restored unless the owner obtains a valid conditional use permit from the city. Any restoration shall be limited to the original building footprint. An increase of square footage may be accomplished through a basement or additional stories in accordance with the height regulations of each zone. (Ord. 504, 8-17-2004)

   A.   Restricted: No advertising signs shall be erected or maintained in, on or over the streets, sidewalks and alleys lower than ten feet (10') from the surface of the ground; the same shall not extend into the street farther than the curb line thereof.

   B.   Application Required: All persons desiring to erect or maintain advertising signs on the streets, sidewalks or alleys thereof shall make application therefor to the council, which council shall have the right to specify the size, position and dimensions and construction of the signs and grant or refuse the request.

   C.   Power To Cause Removal: The council shall have power to cause to be removed any signs which are erected contrary to the provisions of this section and charge the expense of such removal to the owner thereof. (Ord. 487, 7-23-2002)

   A.   Increase In Intensity Of Use: When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified as requiring parking or loading facilities, parking and loading facilities as required shall be provided for such increase in intensity of use.

   B.   Change In Use: Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

   C.   Access To Parking Spaces: Access to parking spaces as required for commercial and industrial uses shall be not less than twelve feet (12') wide and not more than forty feet (40') wide at the curb line.

   D.   Lawfully Existing Building: No lawfully existing building shall be deemed to be a nonconforming building solely because of the lack of any such required spaces; provided that space being used for off street parking or loading in connection with any such building at the time of the effective date hereof shall not be further reduced in area or capacity.

   E.   Fractional Numbers: When the calculation of the required number of spaces called for by this title results in a fractional number, fractions equal to or greater than one-half (1/2) shall be adjusted to the next higher whole number of spaces.

   F.   Uses Not Specifically Mentioned: Parking space requirements for a use not specifically mentioned shall be the same as for a use specified which has similar traffic generating characteristics.

   G.   Mixed Uses: Except as required for dwellings and motels, off street parking facilities for several buildings, structures or uses, or for mixed uses, may be provided collectively; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.

   H.   Hard Surface Required: Every open off street parking area having more than four (4) parking spaces shall be hard surfaced, including access driveways.

   I.   Lighting; Screening: Lighting used to illuminate off street parking areas shall be directed away from residential properties, and such parking areas shall be effectively screened on any side adjoining property in a residential zone by a wall, fence, or hedge to a height of six feet (6') except for the front yard setback area of the adjoining residential property, in which case the maximum height shall be three feet (3').

   J.   Dwellings: Required parking spaces for dwellings shall be upon the same premises as the dwelling.

   K.   Number Of Spaces Required: Parking spaces as hereinafter set forth shall be provided for all uses allowed and conditional uses permitted in any zone; provided, that a greater number of spaces may be required in any case where a conditional use permit is involved:

 

   (Ord. 487, 7-23-2002)

   A.   Residential Uses: Unless otherwise specifically noted in this title, only one residential dwelling shall be allowed on a single parcel of property.

   B.   Commercial Uses: More than one primary commercial building, under the same ownership, may be located on a single parcel provided the requirements of the underlying commercial or light industrial zone are met.

   C.   Industrial Uses: More than one primary industrial building, under the same ownership, may be located on a single lot as long as the requirements of the underlying light industrial or heavy industrial zone are met. (Ord. 487, 7-23-2002)

"Mobile homes" and "travel trailers", as defined by section 11-2-1 of this title, are prohibited except in city approved mobile home parks, trailer courts and recreational vehicle parks or as specified in individual districts. This provision shall not apply to the storage of travel trailers or campers, not hooked up to sanitary or water services, on the site of a permanent residence. (Ord. 487, 7-23-2002)

Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title. Some of these land uses may require a conditional use permit as specified by the underlying zoning district:

   A.   Accessory Buildings: Accessory buildings will not be located in any required front yard area.

   B.   Animal Care Uses: Animal clinic, animal hospital, veterinary office and kennel uses:

      1.   Will be located at least three hundred feet (300') from any residence including motels and hotels, except for a caretaker's residence. The city council may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property.

      2.   Will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

   C.   Animal Products Uses: Animal commercial feedlots, meat packing, processing plant, and slaughterhouse facilities:

      1.   Will be located when housing animals, feedlots or holding pens not less than six hundred feet (600') from any residence, except for a caretaker's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line.

      2.   Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor.

      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.

   D.   Aboveground Storage: Bulk storage of flammable liquids and gases, aboveground and for resale:

      1.   Will be located at least three hundred feet (300') from a residential district, a residence, motel, hotel, except for a caretaker's residence.

      2.   Will be erected subject to the approval of the fire chief or in his absence the state fire marshall.

      3.   Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief or in his absence the state fire marshall.

   E.   Manufacture And Storage Of Hazardous Products: Chemicals, pesticide and fertilizer storage and manufacturing: will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or in his absence the state fire marshall.

   F.   Housing Of Materials And Equipment: Contractor's yard:

      1.   Will have a six foot (6') sight obscuring fence around the areas utilized for storage of equipment.

      2.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

   G.   Care Facilities: Daycare center: the permittee shall obtain a daycare license from the Idaho department of health and welfare and shall submit a copy of the license to the Glenns Ferry city clerk before operation of the daycare center may commence.

   H.   Restaurants: Drive in restaurant:

      1.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent objects (debris) from moving onto other properties.

      2.   Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence.

      3.   Will avoid the direction of night lighting toward any residence.

      4.   Will provide for adequate trash receptacles.

   I.   Earth Moving Activities: Filling, grading, lagooning, dredging or other earth moving activity:

      1.   Will result in the smallest amount of bare ground exposed for the shortest time feasible.

      2.   Will provide temporary ground cover, such as mulch.

      3.   Will use diversions, silting, basins, terraces and other methods to trap sediment.

      4.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions.

      5.   Will not restrict a floodway, channel or natural drainageway.

      6.   Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourse to prevent erosion or soil failure.

      7.   Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way.

      8.   Will restore topsoil or loam to a depth of not less than four inches (4").

   J.   Natural Resource Extraction: Gravel pits, rock quarries, sand and clay pits, and other natural resources of commercial value:

      1.   Application: The applicant shall submit an application to include, but not limited to, the following information:

         a.   Location of proposed site drawn to scale on an accurate map showing site boundaries, and boundaries of proposed excavation.

         b.   The method for the disposal of storm water drainage.

         c.   The zoning classifications of properties lying within one thousand feet (1,000') of the operations site.

         d.   A typical cross section of proposed pit showing degree of slope for each class of material to be excavated.

         e.   The approximate location of major building, processing plants, loading areas, parking areas, protective fencing.

         f.   Submit evidence of ownership or authority for operation, in writing, from owner or owners of property, whether private or public.

         g.   Submit statements and drawings showing method of approach and proposed construction and maintenance of private roads at their approach to and intersection with designated public thoroughfares.

         h.   Submit a statement setting forth the applicant's proposed method of rehabilitation of suspended or depleted excavation if such rehabilitation is proposed.

         i.   If the operation includes rock crushers, cement batch plants and asphalt hot plants, they shall be operated in conjunction with gravel, sand or clay pits and/or rock quarries. If one of these uses is proposed subsequent to the original approval of a pit or quarry, an additional conditional use permit for that use is required.

      2.   Operational Conditions.

         a.   All operations shall be carried on subject to accepted safety conditions for the type of excavation being performed.

         b.   The extent of rehabilitation upon depletion or completion of excavation shall be determined with due consideration being given as to what is reasonable in keeping with what is suitable and compatible with the area surrounding the area under consideration.

         c.   Whenever subject area is depleted, all temporary buildings and structures except property line fences and structures for the loading, measuring or weighing of salable material in storage shall be entirely removed from the property. The salable materials and equipment may be stored in a depleted area when compatible with the applicant's proposal for rehabilitation as outlined under subsection J2b of this section.

         d.   A processing, storage, sales and reprocessing operation may be carried on in a depleted deposit when materials for processing, storage, sales and reprocessing are obtained from another source.

         e.   The operation shall comply with all other applicable federal, state, and city regulations particularly, but not limited to air and water quality and site reclamation.

   K.   Outdoor Storage Of Materials: Outdoor storage of commercial and industrial materials:

      1.   Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.

      2.   Will not be located in any front yard area.

   L.   Recreational Vehicle Parks:

      1.   Purpose: Recreational vehicle parks are for temporary living quarters of not more than six (6) months in duration and are not permanent or year round housing.

      2.   Distance Between Structures: Recreational vehicles shall be separated from each other and from other structures by at least ten feet (10'). Any accessory structures, such as attached awnings, shall, for the purpose of this separation requirement, be considered to be part of the recreational vehicle.

      3.   Vehicular Parking Pad: Each recreational vehicle lot shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel, or other all weather material.

      4.   Lot Depth: Each recreational vehicle lot shall have a minimum depth of sixty feet (60').

      5.   Access: Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the recreational vehicle park. Internal roads shall not be designed to encourage use by outside traffic to traverse the recreational vehicle park to adjoining developed areas.

      6.   Parking: The applicant shall provide a minimum of one parking space per RV site in addition to the RV pad.

      7.   Removal Of Wheels: Any action toward removal of wheels of a recreational vehicle or to attach the recreational vehicle to the ground for stabilizing purposes is prohibited.

   M.   Equestrian Uses: Riding stables and schools:

      1.   Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence, except for a caretaker's residence. All facilities shall be set back a distance of thirty feet (30') from any property line.

      2.   Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers and the factors of noise and odor.

      3.   Will require that the owner or operator of such use have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

   N.   Wrecking Yard: Regulation of wrecking yards shall include the following provisions:

      1.   All petroleum products shall be prevented from coming into contact with the natural surface of the ground. This includes, but is not limited to, maintenance areas, vehicle wash areas, and storage areas.

      2.   Newly constructed and/or operated wrecking yards shall not be located within four hundred feet (400') of a residential zone.

      3.   Will not result in the storage of automobile, junk or salvage material that is visible from any public right of way.

      4.   All wrecking yards shall have a six foot (6') sight obscuring fence or shall be screened with vegetative materials so that storage areas cannot be seen by adjacent properties and the traveling public.

      5.   Will not result in the storage of automobiles that exceed the height of the fence.

      6.   Will have such landscaping that is appropriate with the surrounding area. (Ord. 487, 7-23-2002; amd. Ord. 20-581, 11-10-2020)

   A.   Purpose: The purpose of allowing accessory dwelling units (ADU) in Glenns Ferry is to meet the need for more affordable housing, both owner-occupied and rental, and to generate income and/or living cost offsets for families and households of moderate incomes, while minimizing the impact on infrastructure costs and disruption to existing neighborhoods, and while maintaining the small-town character and scale of the subject properties.

   B.   Definition:

      ACCESSORY DWELLING UNIT (ADU): A residential living unit on a parcel that a single-family dwelling occupies or on which a single-family dwelling may be constructed. The ADU is associated with and subordinate to the principal dwelling unit. The ADU shall provide a complete, independent living facility for one (1) or more persons, with provision for a kitchen and at least one (1) bath and may take on various forms, as a detached unit, or a unit that is part of an accessory structure such as a detached garage, or an attached unit that is part of an expanded or remodeled primary dwelling. All ADU's must meet all applicable codes governing construction of residential structures, as referenced in title 9 of the Glenns Ferry city code.

   C.   Standards And Findings: ADUs shall be subject to specific standards and approvals. The planning and zoning commission shall make a determination regarding compliance with the following regulations prior to granting tentative approval of an ADU permit:

      1.   Applicability: No more than one (1) ADU shall be allowed upon a legal parcel of record upon which exists no more than one (1) single-family dwelling located in zoning districts A, R-1, R-2, R-3, R-4, and C. The accessory dwelling unit shall be created by new construction or modification, in one of the forms delineated in (B) above.

      2.   Square Footage: The ADU shall not exceed nine hundred (900) square feet, or

      3.   Setback Requirements: ADUs shall be subject to the same setback requirements as the primary structure. No portion of the ADU structure, whether a new or existing detached structure or addition to an existing structure, shall encroach into the required existing setbacks.

      4.   Height: The height of the ADU shall not exceed the height of the primary dwelling or as permitted by the underlying zoning district, whichever is lesser.

      5.   Parking: The ADU must be provided with at least one dedicated off-street parking space in addition to the minimum parking requirement for the primary dwelling.

      6.   Foundation: All ADU's shall be placed on and anchored to a permanent foundation.

      7.   Addressing: Accessory dwelling units shall have a separate address from the primary dwelling unit.

      8.   Water & Sewer: Utility connections shall comply with all city and applicable code requirements. For ADUs and primary dwelling units: Separate taps must be installed, and an additional monthly water base rate will be assessed for each residential unit standing on one or more lots, owned by one person, where residences are occupied by different families.

For ADUs And Primary Dwelling Units: A separate, independent building sewer and service connection shall be provided for every dwelling unit standing on one or more lots. Exception allowed only under Glenns Ferry city code § 10-3-20(D) Old building sewers may only be used under Glenns Ferry city code § 10-3-20(E).

      9.   Design Elements: The ADU must utilize design elements of the primary structure in order to maintain its subordinate relationship to the primary structure. These elements may include, but are not limited to, roof type and pitch, siding, structure shape and placement, etc. The exterior appearance must be compatible with that of the primary structure.

   D.   Uses Prohibited:

      1.   For commercial purposes.

      2.   On parcels containing a duplex, triplex, fourplex or other residential multifamily buildings.

      3.   RVs, Travel Trailers, and any other unit not installed on a permanent foundation shall not be allowed as an ADU.

   E.   Process: Accessory dwelling unit permit applications shall be submitted to the planning and zoning administrator to be reviewed by the planning and zoning commission to ensure that the proposed ADU meets the standards in the zoning regulations and will be a condition for obtaining a building permit. The application shall also be accompanied by photographs, a scaled drawing showing the locations of relevant property boundaries, streets, adjoining properties, existing structures on the subject and neighboring properties, and locations and dimensions of proposed structures, and any other features relevant to the request. ADU permit applications shall be submitted on forms provided by the city, with plans and the appropriate fees as part of the building permit fee. The application shall be either approved or denied, resulting in the following actions:

      1.   Approval: Tentative approval of the permit application is granted. Final approval and issuance of a building permit is subject to review and approval by the building official/inspector, public works, and the fire department, and upon receipt of the building permit fees by the city. Stamp and signature of all of the above reviewers, including planning & zoning, shall be affixed to the final permit set of plans.

      2.   Denial:

         a.   A resubmittal by the applicant of materials revised to comply with planning and zoning regulations will be reviewed by the planning and zoning commission for approval or denial. If additional subsequent reviews are necessary, additional review fees may be required to be paid by applicant.

         b,   The findings and decision may be appealed to the city council, who will find in favor or denial of the applicant. The city council's decision on an application for an ADU constitutes the final decision of the City of Glenns Ferry. (Ord. 25-610, 5-13-2025)