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Hailey City Zoning Code

CHAPTER 17

07 SUPPLEMENTARY LOCATION AND BULK REQUIREMENTS

17.07.010: SUPPLEMENTARY YARD SETBACK REQUIREMENTS:

   A.   Roof Overhangs And Balconies: Cornices, canopies, eaves or similar roof overhang features and cantilevered balconies may extend into a required yard setback not more than three feet (3').
   B.   Fire Escapes: Fire escapes required by the IBC or IRC may extend into a required yard setback not more than six feet (6').
   C.   Chimneys: All portions of a chimney shall not extend into a required yard setback by more than two feet (2').
   D.   Bay Windows: Bay windows shall not extend into a required yard setback by more than two feet (2'). Such windows shall be a minimum of two feet (2') from the top of the interior floor.
   E.   Pergolas: Supporting columns for pergolas shall meet required yard setbacks. The roof of a pergola shall not extend into a required yard setback by more than five feet (5').
   F.   Side Yard Setbacks Of Normal Corner Lot: Where the required front yard setback exceeds the side yard setback in the zoning district in which a lot is located, the side yard setback along the street of a normal corner lot (not reverse corner lot) shall be not less than two-thirds (2/3) the front yard setback requirement.
   G.   Reverse Corner Lots: The yard setbacks along the street side(s) of a reverse corner lot shall be not less than the front yard requirement for the zoning district in which the lot is located.
   H.   Accessory Structures:
      1.   Detached Accessory Structures:
         a.   Except as otherwise provided herein, detached accessory structures with a floor area of one hundred twenty (120) square feet or less are required to be set back a minimum of three feet (3') from either: 1) the side and/or rear property line; or 2) the principal building and any other accessory structure.
            (1)   On normal corner lots, detached accessory structures with a floor area of one hundred twenty (120) square feet or less shall have a minimum side yard setback of two-thirds (2/3) the front yard setback requirement for the zoning district in which the lot is located.
            (2)   Within the business district, in the case where an alley is located along the side or rear lot line of the property, accessory structures with a floor area of one hundred twenty (120) square feet or less shall be set back a minimum of six feet (6') from the alley.
         b.   Detached accessory structures with a floor area of one hundred twenty (120) square feet or less located within the side and/or rear yard setback shall not exceed a maximum bearing wall height of eight feet (8') and a maximum building height of twelve feet (12').
         c.   Detached accessory structures greater than one hundred twenty (120) square feet are required to have a building permit and shall comply with the required setbacks of the zoning district within which it is located.
      2.   Attached Accessory Structures: Attached accessory structures, larger than one hundred twenty (120) square feet in size, are required to have a building permit and shall comply with the required setbacks of the zoning district within which it is located. Unenclosed features of a residence (e.g, decks without walls, front porches, and/or stoops) attached to residential units are considered attached accessory structures.
      3.   Unenclosed features of residence (e.g., decks without walls, front porches, and/or stoops) shall be no closer than five feet (5') to the lot line. Such features do not include carports.
   I.   Setbacks For Another Building Prohibited: No part of a yard setback required for a building complying with the provisions of this title shall be included as a yard for another building. (Ord. 1191, 2015; amd. Ord 1334, 2024)

17.07.020.01: CHICKEN COOPS:

   A.   Raising Chickens Allowed: The keeping and raising of chickens for urban agricultural purposes is allowed on all lots with single-family dwellings, as permitted in section 17.05.040 of this title, provided all standards and conditions of this section are met.
   B.   Limit And Type:
      1.   No more than eight (8) mature laying hens are allowed on any property at any time.
      2.   Roosters are prohibited.
   C.   Chicken Coops: A predator resistant chicken coop shall be provided and shall include, but is not limited to:
      1.   A roof or cover that fully encloses the coop.
      2.   Construction made of sturdy and durable materials that prohibit predator access.
      3.   A door or opening to the coop that can be secured shut.
   D.   Siting Requirements For Keeping Chickens:
      1.   Any chicken coop shall be located in the rear yard only and is subject to the setback requirement for the zoning district in which the lot is located.
      2.   The chicken coop or the property must be fenced in some manner that the hens are confined to the boundaries of the property.
      3.   Chicken coops shall be detached and separated from the principal building, or any accessory structure, by a minimum of one inch (1"). (Ord. 1191, 2015)

17.07.020.02: BEEHIVES:

   A.   Beekeeping Allowed: No beekeeper or owner of real property with an apiary shall place, keep or allow any apiary in or upon any parcel of real property located within the city unless such apiary conforms to the standards and conditions of this section.
   B.   Beekeeping Standards And Conditions: All apiaries kept within the city shall conform to the following standards and conditions:
      1.   An apiary is prohibited on a lot or contiguous lots owned by one owner smaller than eight thousand (8,000) square feet in area.
      2.   An apiary shall consist of no more than two (2) hives on lot(s) that are eight thousand (8,000) to eleven thousand nine hundred ninety nine (11,999) square feet in area; three (3) hives on lot(s) that are twelve thousand (12,000) to twenty one thousand seven hundred seventy nine (21,779) square feet in area; and five (5) hives on lot(s) that are one-half (1/2) acre or more in area.
      3.   Any apiary shall be maintained only in a side yard or rear yard of a lot or may be maintained on rooftops.
      4.   Honeybees shall be kept in hives with removable frames and shall be kept in sound and usable condition.
      5.   Hives shall be placed no less than seven feet (7') from any property owned by a person or entity other than the owner of the real property with the apiary.
      6.   Hives shall not be placed within thirty feet (30') of any dwelling unless the owner of such dwelling has given written consent for hive placement. In the event a dwelling on an adjacent property is constructed after the establishment of an apiary and the apiary is within thirty feet (30') of the new constructed dwelling, the beekeeper shall obtain the written consent for the hive placement. If written consent cannot be obtained, the hive(s) shall not be located within thirty feet (30') of the dwelling or shall be immediately removed.
      7.   If any hive is located within thirty feet (30') of a property owned by a person or entity other than the owner of the real property with the apiary, a fence, closed hedge, building or other impervious barrier no less than six feet (6') high and twenty feet (20') in length shall be located between the hive and the adjacent property line. The hive shall be located in the approximate midpoint of the twenty foot (20') long barrier. All fences must comply with section 17.08A.010 of this title.
      8.   Hives kept on rooftops are exempt from the requirements of subsections B6 and B7 of this section, but shall not be visible from view from a public street, excluding alleys.
      9.   A fresh water supply shall be maintained at all times, except during winter months when the bees are hibernating, within twenty five feet (25') of the apiary on the real property with the apiary in order to prevent the bees from congregating at neighboring water sources.
      10.   No species or subspecies of bee shall kept in the apiary other than Apis mellifera.
      11.   Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
      12.   If a colony within the apiary exhibits aggressive behavior or when the colony includes Africanized bees, such as Apis mellifera scutella, the beekeeper or owner of the real property with the apiary shall promptly remove or requeen the colony.
      13.   All hives shall have a legible identification label securely fastened thereupon bearing the name and telephone number of the beekeeper who owns the hive.
      14.   All apiaries shall comply with the Idaho state bee inspection law and other applicable state laws.
      15.   All apiaries are subject to inspection at any time by the administrator or his or her designee to ensure compliance with the standards of this section. The owner of real property with an apiary is deemed to have given consent to an inspection by the administrator or his or her designee for the purpose of ensuring compliance with this section. If consent is not given to inspect any apiary or if the apiary does not comply with the requirements and standards set forth herein, the hive(s) within the apiary may be considered a nuisance and may be considered an immediate health hazard constituting exigent circumstances allowing for the immediate removal of the hive(s) in accordance with title 8, chapter 8.04 of this code. In addition, for any noncompliance with the requirements and standards set forth herein, the city may pursue enforcement under chapter 17.15 of this title. (Ord. 1191, 2015)

17.07.030.01: VENDING MACHINES:

All vending machines must be located within an enclosed structure and not visible from a public street. (Ord. 1191, 2015)

17.07.030.02: CONSTRUCTION TRAILERS, RVs AND ATVs:

   A.   Construction trailers or other structures erected solely in conjunction with any construction project, may be located on the site and utilized as a construction office or dwelling unit during the time of actual construction, and provided the property is operating under a valid Building Permit. If operating as a dwelling unit onsite during construction, the Administrator, with concurrence of the Chair or Chair's designee, has the authority to administratively approve the request, which shall be documented in writing on file with the Community Development Department prior to issuance of a Building Permit.
   B.   No more than one RV may be parked outside of a building on any residential lot or sublot; provided, that the vehicle is kept vacant.
   C.   Not more than two (2) ATVs may be parked outside of a building on any residential lot or sublot, and those vehicles shall be shielded from view by fencing or landscape screening. (Ord. 1305, 2022; Ord. 1191, 2015)

17.07.030.03: GARBAGE DUMPSTERS:

Garbage dumpsters are prohibited on or adjacent to lots with single-family dwellings and duplex dwellings, except those associated with construction under a valid building permit. Dumpsters and dumpster areas for all other uses shall be maintained in a tidy manner; garbage shall not be allowed to accumulate on the ground around the dumpsters. (Ord. 1191, 2015)