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Hailey City Zoning Code

CHAPTER 17

05 OFFICIAL ZONING MAP AND DISTRICT USE MATRIX

17.05.010: OFFICIAL ZONING MAP:

The districts established in chapter 17.04 of this title are shown on the official zoning map of Hailey, Idaho, which official zoning map, together with all explanatory matter thereon, is hereby adopted as part of this title. The districts include overlay districts. Where the overlay district sets forth regulations and requirements different than those in the underlying zoning district, the regulations and requirements of the overlay district shall govern. Unless expressly set forth in the overlay district, all other provisions of the underlying zoning district and/or this title shall apply. (Ord. 1327, 2023; Ord. 1191, 2015)

17.05.020: INTERPRETATION OF DISTRICT BOUNDARIES:

   A.   In the event the district boundaries on the official zoning map are ambiguous or not clearly defined, the administrator may interpret the location of the district boundary by adopting one or more of the following as the district boundary: lot lines; the centerlines of streets, alleys, railroad rights of way or streams; or other appropriate lines drawn to scale on the official zoning map.
   B.   If a lot is divided by a zoning district boundary line at the time of enactment hereof, or by subsequent amendments, the less restrictive zoning requirements may be extended not more than twenty five feet (25') into the more restrictive zoning district adjacent to the zoning district boundary line. (Ord. 1191, 2015)

17.05.030: AMENDMENT OF OFFICIAL ZONING MAP:

The official zoning map shall be amended according to the procedure set forth in chapter 17.14 of this title. (Ord. 1191, 2015)

17.05.040: DISTRICT USE MATRIX:

The residential, public and semi-public, commercial, and accessory uses, as well as the bulk requirements for the zoning districts established in chapter 17.04 of this title are designated in the district use matrix set forth herein. A "P" indicates that a use is permitted in the respective zoning district. Permitted uses must conform to the applicable requirements of this title. A "C" indicates that a use is allowed as a conditional use in the respective zoning district. Conditional uses are subject to review and approval under the provisions of chapter 17.11 of this title. An "N" indicates that a use is not allowed in the respective zoning district, except where state or federal law otherwise preempts local land use regulation.
Category
Description
(Excerpt)
Zoning Districts And Subdistricts
RG B
LR- 1
LR- 2
GR
NB
LB
TN
B
LI
TI
A
SCI-S O
SCI -I
Category
Description
(Excerpt)
Zoning Districts And Subdistricts
RG B
LR- 1
LR- 2
GR
NB
LB
TN
B
LI
TI
A
SCI-S O
SCI -I
Residential:
Accessory dwelling units (ADU)
N]
P1
P1
P1
P1
P1
P1
P1
N
N
N
P1
P1
Co-living developments
N
N
N
N
N
P
N
P
N
N
N
N
N
Cottage developments or dwelling units
N
P
P
P
N
C
P
N
N
N
N
N
N
Detached townhouse developments or dwelling units
N
P
P
P
N
C
P
N
N
N
N
N
N
Manufactured homes
N
P
P
P
N
P
P
N
N
N
N
N
N
Mixed-use developments
N
N
N
N
P
P
P
P2
P
P
N
P
P
Multi-family developments
N
N
N
P
N
P
C
P2
N
N
N
N
N
Single-family dwelling units
N
P
P
P
N
N
P
N
N
N
N
N
N
Tiny homes on wheels (THOW)
N
P1
P1
P1
P1
P1
P1
P1
N
N
N
P1
P1
Public or semipublic:
Community centers, including peri-urban retreat centers
N
N
N
C
P
C
P
C
N
N
N
N
N
Government offices and public administration; excluding correctional institutions
N
C
C
C
N
P
C
P
P
P
C
C
C
Healthcare and medical services
N
P
P
P
N
P
P
N
N
N
N
N
N
Parks and pathways
N
N
N
N
P
P
P
P2
P
P
N
P
P
Performing arts centers
N
N
N
P
N
P
C
P2
N
N
N
N
N
Public service, public use, and public utility facilities
N
C
C
C
N
C
C
C
P
P
N
C
C
 
 
Religious institutions and places of worship
N
P
P
P
C
P
P
C
N
N
N
N
N
Schools: primary and secondary schools for children and adolescents ages four through eighteen (4-18) years old
N
N
N
P
P
C
P
C
N
N
N
N
N
Schools: tertiary schools, including colleges, vocational, and technical trade schools
N
N
N
N
C
P
C
P
C
C
C
C
C
Semipublic uses
N
N
N
C
C
P
C
P
N
N
C
N
C
Social services
N
N
N
C
P
P
P
P
N
N
N
C
C
Water storage and well facilities
P
P
P
P
P
P
P
P
P
P
P
P
P
Wireless communication facilities (WCF) attached to freestanding towers
N
N
N
N
N
C3, 4
N
C3, 4
C3, 4
C3, 4
C3, 4
C3, 4
C3, 4
Wireless communication facilities (WCF) attached to street poles or mounted on existing structures
C3, 4
C3, 4
C3, 4
C3, 4
C3, 4
P3, 4
C3, 4
P3, 4
P3, 4
P3, 4
P3, 4
P3, 4
P3, 4
Commercial:
Airport and related uses
N
N
N
N
N
N
N
N
N
N
P
N
N
Artist studios with associated galleries
N
N
N
N
N
P
N
P
N
N
N
P
P
Artist studios without associated galleries
N
N
N
N
N
P
N
N
C
C
N
P
P
Auto dealerships
N
N
N
N
N
N
N
C
P
N
N
N
N
Automobile towing
N
N
N
N
N
N
N
N
C
N
N
N
P
Automotive rental companies
N
N
N
N
N
N
N
N
P
N
P
M
N
Automotive repair and maintenance
N
N
N
N
N
C
N
C
P
N
N
N
P
Bars
N
N
N
N
N
C
N
P
N
N
P5
C6
N
Broadcasting firms, media offices, and related uses
N
N
N
N
N
N
N
P
N
P
N
P
N
Convenience stores less than 1,000 square feet
N
N
N
N
C
P
N
P
N
N
N
N
N
Daycare centers (13- 18 children)
N
N
N
C
P
P
C
P
N
N
N
C
N
Daycare facilities (up to 12 children)
N
C
C
P
P
P
P
P
N
N
N
C
N
Daycare homes (6 or less children)
N
P
P
P
P
P
P
P
N
N
N
C
N
Food preparation for off-site catering, dining, and retail trade; excluding the production of alcoholic beverages
N
N
N
N
C
P
C
C
P
P
N
P
P
Food service
N
N
N
N
C7
C
N
P
N
N
P5
C7
C7
Gasoline stations
N
N
N
N
N
C
N
P
P
N
N
N
C8
Guides and outfitter services with no more than 20% of the floor area dedicated to retail sales
N
N
N
N
N
N
N
N
P9
C9
N
P9
P9
Hardware stores
N
N
N
N
N
C9
N
P9
P9
N
N
P9
P9
Health and fitness facilities
N
N
N
C
P
P
P
P
C
C
N
C
N
Home occupations
N
P
P
P
P
P
P
P
N
N
N
N
N
 
Hybrid production facilities for edible goods; including breweries, cideries, distilleries, and wineries
N
N
N
N
N
C
N
C
P
N
N
P
P
Landscaping services
 
N
N
N
N
N
P9
N
N
P9
N
N
N
P9
Laundry services limited to dry cleaning, mid-scale commercial, and large-scale industrial laundry services; excluding personal services such as self-serve laundromats and small-scale wash-and-fold services
N
N
N
N
N
N
N
N
P
C
C
C
P
Light manufacturing, including the fabrication of building materials and technology
N
N
N
N
N
N
N
N
P
P
N
N
P
Lodging establishments limited to bed and breakfast inns and boarding and rooming houses
N
N
N
C
N
P
C
P
N
N
N
N
N
Lodging establishments limited to hotels and motels
N
N
N
N
N
P
N
P
N
N
C
C
N
Offices
N
N
N
N
C
P
P
P
P10
P
P10
P
P10
Parcel delivery terminals
N
N
N
N
N
N
N
C
C
C
P
N
P
Parking lots and structures
N
N
N
N
N
N
N
C
N
N
P
N
P
Peri-urban agriculture
C
C
C
C
C
N
C
N
N
N
N
N
N
Personal services
N
N
N
N
P
P
P
P
N
N
N
C
N
Pet boarding
N
N
N
N
N
C
N
C
N
N
N
N
N
Pet outpatient and veterinarian services
N
N
N
N
N
P
N
P
N
N
N
N
N
Printing and related services
N
N
N
N
N
N
N
P
P
P
N
P
P
Recreation facilities, indoor
N
N
N
P
P
P
P
P
N
N
N
N
N
Recreation facilities, outdoor
P
N
N
P
P
N
P
N
N
N
N
N
N
Residential care facilities
N
P
P
P
P
P
P
P
N
N
N
N
N
Retail trade
N
N
N
N
C9
P9
P9
P9
P9
P9
P10
P9
P9
Skilled construction and industrial trades
N
N
N
N
N
N
N
N
P9
P9
N
C9
P9
Technological development
N
N
N
N
N
N
N
N
C
P
N
P
P
Transportation services
N
N
N
N
N
N
N
N
P
N
P
N
P
Warehouse and storage facilities
N
N
N
N
N
N
N
N
P
N
N
N
P
Wholesale trade and distributors
N
N
N
N
N
C9
N
N
P9
C9
N
P9
P9
Accessory uses:
Agriculture
Apiaries
C
P
P
P
P
N
P
N
N
N
N
N
N
Chickens
N
P
P
P
P
N
P
N
N
N
N
N
N
Greenhouses
P11
P11
P11
P11
P11
P11
P11
P11
N
N
N
N
N
Horses, a maximum of two (2) horses per acre on lots with a minium size of 1-acre
N
C
C
N
N
N
N
N
N
N
N
N
N
Alternative energy systems
Solar energy systems, freestanding and subject to a maximum height of ten feet (10') from record grade
N
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
Solar energy systems, roof- mounted and subject to five feet (5') above the maximum building height for the applicable district
N
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
P4
Wind energy systems that are small scale, roof-mounted, or free standing
N
N
N
N
N
N
N
C
C
N
C
C
C
Fuel tanks
 
N
C12
C12
C12
C12
P12
C12
P12
P12
P12
P12
P12
C12
Garages
 
N
P
P
P
P
P
P
P
P
P
P
P
P
Residential
Accessory dwelling units (ADU)
Reference the “Residential” category at the beginning of the table.
Tiny Home on Wheels (THOW)
Community building
N
P
P
P
N
C
P
N
N
N
N
N
N
Storage structures and/or accessory structures
 
C9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
P9, 11
Swimming pools
 
N
P
P
P
P
C
P
C
N
N
N
N
N
Temporary structures
Temporary structures for use of no more than 12 months16
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11, 13
C11 , 13
C11, 13
C11, 13
BULK REQUIREMENTS
Category
Description
(Excerpt)
RGB
LR- 1
LR-2
GR
NB
LB
TN
B
LI
TI
A
SCI-S O
SCI- I
Category
Description
(Excerpt)
RGB
LR- 1
LR-2
GR
NB
LB
TN
B
LI
TI
A
SCI-S O
SCI- I
Lot dimensions
Minimum lot size (square feet)
None
8,0 0014 , 15, 16
12,0 0015, 16
6,00 014, 15
6,00 015
6,00 014, 15
6,0 0014 , 15
014, 15
6,000
-
See note 4
10,89 0
10,8 90
Minimum lot width (feet)
None
7514 , 15, 16
7515, 16
5014, 15, 16
5016
5014, 16
5014 , 15, 16
015, 16
60
-
See note 4
-
-
Building height
Maximum building height (feet)
3517
3014 , 17
3017
3514, 17
3017
3514, 17
3514
3514, 17
3517
35
See note 4
35
3517
Setbacks
Minimum front yard setback (feet)
20
2514
25
2014,
10
2014
2014
014
10
20
See note 4
10
10
Minimum side yard setback (feet)
10
1014 , 18, 19
1018, 19
814, 19, 20
1014, 19
1014, 19
1014 , 19
014, 19
1019, 21
1019, 21
See note 4
10
10
Minimum rear yard setback (feet)
10
1014 , 18, 19
1018, 19
1014, 19
1019
1014, 19
1014 , 19
014, 19
1019, 21
1019, 21
See note 4
10
10
Riparian (feet)
10022
100 22
10022
10022
10022
10022
100 22
10022
10022
10022
See note 4
10022
10022
Density
Mixed use developments: maximum dwelling units per acre
-
-
-
-
15
20
10
202
-
-
See note 4
20
-
Multi-family developments: maximum dwelling units per acre; including, but not limited to, apartments, condominiums, and attached townhouses
-
-
-
10
-
20
10
20
 
-
20
-
Detached townhouse developments; maximum dwelling units per acre
-
8
6
1023
-
20
1023
-
-
-
-
-
-
Cottage developments; maximum dwelling units per acre
-
8
6
1023
-
20
1023
-
-
-
-
-
-
Total lot coverage
Total maximum coverage by all structures (percentage)
-
4014
40
4014
-
-14
3014
-
75
75
See note 4
70
70
Maximu m gross floor area
Retail/wholesale trade (square feet)
-
-
-
-
-
36,0 00
-
36,0 00
25,00 0
25,0 00
See note 4
25,00 0
25,0 00
Grouped retail/wholesale (square feet)
-
-
-
-
-
36,0 00
-
50,0 00
25,00 0
25,0 00
See note 4
25,00 0
25,0 00
Cottage dwelling units (square feet)
-
1,4 0024
1,40 024
1,40 024
-
1,40 024
1,4 0024
-
-
-
-
-
-
 
Notes:
   1.    Accessory Dwelling Units (ADUs) and Tiny Homes on Wheels (THOW) are subject to administrative design review and supplementary regulations. See section 17.06 and subsection 17.08D. of this title.
   2.    Mixed-use buildings and multi-family dwellings incorporating small residential units require a Conditional Use Permit and shall comply with subsection 17.04Q. of this title.
   3.    The installation of wireless communication facilities requires a wireless permit in accordance with the provisions of subsection 17.08B. of this title.
   4.    Objects affecting navigable airspace, including solar energy systems and wireless communications facilities located within the Airport Influence Area, are subject to review of the Friedman Memorial Airport Director for compliance with FAA regulations and 14 CFR, chapter 1, subchapter E, part 77.
   5.    Only within terminals.
   6.    Only attached to hotel/motel.
   7.    Drive-through food service not permitted.
   8.    May be approved through a conditional use permit if the use is in conjunction with a use that is permitted by-right.
   9.    Unenclosed exterior storage that is greater than fifty square feet (50 sq. ft.) and associated with retail trade, skilled construction and industrial trades, or wholesale trade is permitted in the industrial Zoning Districts only. Such unenclosed exterior storage may include but is not limited to the storage or display of bulky goods, materials, supplies, merchandise, and equipment.
   10.    The use permitted by this footnote must be accessory to a primary use and contained within the walls of the structure with the primary use.
   11.    Structures equal to or greater than 120 square feet (120 sq. ft.) in size require a building permit, per subsection 17.07.010H. of this title.
   12.    The use of fuel tanks containing flammable or combustible liquids, as defined by the International Fire Code (IFC), requires a Flammable & Combustible Storage Tank Permit through the Hailey Fire Department.
   13.    Temporary structures which have an approved Conditional Use Permit may operate seasonally for multiple years, so long as the size and location of the temporary structure conforms with the approved Conditional Use Permit or conditions thereof.
   14.    May be subject to additional provisions per the Townsite Overlay (TO) Zoning District. See subsection 17.04M1 of this title.
   15.    Townhouse and cottage sublots are exempt from minimum lot sizes and widths; however, townhouse and cottage developments shall adhere to the density requirements, as stated in the bulk requirements table of this section, as well as the subdivision and zoning requirements in Titles 16 and 17 respectively.
   16.    Townhouse and cottage sublots shall conform to the standards established in the IFC.
   17.    For a building with any portion of the building footprint within the Special Flood Hazard Area, building height shall be measured two (2) feet above the base flood elevation (BFE). For buildings located within the Special Flood Hazard Area and the LR Zoning Districts, buildings shall in no instance exceed a building height of thirty-two feet (32') from record grade. For buildings located within the Special Flood Hazard Area, and within the GR Zoning District, buildings shall in no case exceed a building height of thirty-five feet (35') from record grade.
   18.    The setback from the adjacent property shall be one (1) foot for every two (2) feet of building height for all portions of the building exceeding twenty (20) feet in height, provided, however, no side or rear yard shall be less than ten (10) feet. See the figure in subsection 17.04B.050 of this title.
   19.    Normal corner and reverse-corner lots are subject to subsections 17.07.010F. and G. of this title.
   20.    Any wall, as measured from the highest point including any gable or peak in a direct vertical line to record grade, shall have a setback of one foot (1') for every two and one-half feet (2½') of wall height (see subsection 17.04M.090, Diagram 1, of the Hailey Municipal Code), but not less than the base setback for the GR Zoning District. This shall apply to walls on the side yards of properties but shall not apply to sublots within a development.
   21.    In LI and TI Zoning Districts, the side and rear yard setbacks shall be twenty-five (25) feet where the subject property is located adjacent to the following Zoning Districts: RGB, GR, or TN.
   22.   Riparian setback. Unless otherwise provided for herein, all permanent buildings and structures shall have a 100-foot-wide riparian setback from the mean high-water mark of the Big Wood River. Removal of live vegetation or excavation within the riparian setback is prohibited, except for any tree that has been recommended for removal by a certified arborist, in writing, because the tree has been found to potentially endanger the resident(s) of the property on which it is located or any member of the public, or has become hazardous to any street, alley or other public right-of-way or public utility, or because the removal of a tree would substantially improve the health of other trees on the property. Pruning of trees and planting of riparian trees, shrubs and ground cover within the riparian setback are allowed, provided however, that all plantings conform to the criteria for evaluation in subsection 17.04J.040B4e of this title. Where the application of the 100-foot riparian setback and other applicable setbacks will result in a building site of 1,000 square feet or less, the riparian setback may be reduced to such an extent that the building site is 1,000 square feet; provided however, the riparian setback shall not be less than fifty (50) feet.
   23.   Cottage and detached townhouse development density may exceed the maximum allowed density by forty percent (40%), provided that all dwelling units in the development comply with the following:
         a.   All dwelling units in the cottage or detached townhouse development shall comply with the minimum requirements of the 2018 International Energy Conservation Code, Section R406, Energy Rating Index Compliance Alternative. Building envelope tightness shall be determined with a blower door test, by a certified professional, verifying compliance with this standard.
         b.   Minimum one (1) dwelling unit in each cottage development shall be constructed as a Type B unit in accordance with the standards of 2009 ANSI 117.1, Chapter 10, 1004 Type B Units.
         c.   Minimum one (1) dwelling unit per acre in each cottage development shall be a deed restricted community housing unit, for sale or rent, in perpetuity. The deed restricted unit shall comply with income, occupancy, and/or other affordable community housing criteria as established in a community housing plan approved by the City of Hailey. As an alternative, two (2) Locals Only units, as outlined by the City of Hailey, may be provided. Additional alternative community housing compliance options may be proposed by the developer and may be approved by the City based on housing need in the community at the time of application.
         d.   Minimum two (2) dwelling units per acre in each detached townhouse development shall be deed restricted community housing units, for sale or rent, in perpetuity. The deed restricted units shall comply with income, occupancy, and/or other affordable community housing criteria as established in a community housing plan approved by the City of Hailey. As an alternative, four (4) Locals Only units, as outlined by the City of Hailey, may be provided. Additional alternative community housing compliance options may be proposed by the developer and may be approved by the City based on housing need in the community at the time of application.
         e.   The deed restricted community housing unit(s) shall be identical to at least one (1) other market-rate unit within the cottage development.
   24.   While the maximum allowed gross floor area per individual cottage dwelling unit is fourteen hundred (1,400) square feet, the average gross floor area per dwelling unit in a cottage development shall not exceed twelve hundred (1,200) square feet.
      Cottage dwelling units are subject to a maximum ground floor size of one thousand (1,000) gross square feet, including an attached garage, but not including porches, dedicated storage, or basement. Basement area shall be limited to the size of the ground floor footprint and located with the basement finish floor a minimum six (6) feet below adjacent grade.    
(Ord. 1342, 2024; Ord. 1336, 2023; Ord. 1325, 2023; Ord. 1323, 2023; Ord. 1320, 2023; Ord. 1318, 2023; Ord. 1317, 2023; Ord. 1291, 2021; Ord. 1275, 2021; Ord. 1250, 2019; Ord. 1243, 2019; Ord. 1242, 2018; Ord. 1232, 2018; Ord. 1221, 2017; Ord. 1220, 2017; Ord. 1211, 2017; Ord. 1208, 2016; Ord. 1207, 2016; Ord. 1191, 2015)

17.05A.010: FUTURE ACQUISITIONS MAP ADOPTED:

The properties identified on the future acquisitions map, referred to herein and attached as exhibit A to the ordinance codified herein, together with all explanatory matter thereon, are hereby adopted as part of this title. (Ord. 1191, 2015)

17.05A.020: PURPOSE:

Properties identified on the future acquisitions map are designated for acquisition by a public agency for a maximum twenty (20) year period. Property designated on the map shall be subject to the provisions of Idaho Code section 67-6517, as amended. Lands designated for acquisition may include land for:
   A.   Streets, roads, other public ways or transportation facilities proposed for construction or alteration;
   B.   Proposed schools, airports or other public buildings;
   C.   Proposed parks or other open spaces; or
   D.   Lands for other public purposes. (Ord. 1191, 2015)