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Harrison City Zoning Code

CHAPTER 2

ZONING DISTRICTS AND MAP

9-2-1: INTENT:

The following zoning districts set out in section 9-2-2 of this chapter are hereby established and have been formulated to realize the general purposes as set forth in this title and in the city's revised comprehensive land use plan. In addition, the specific purpose of each zoning district shall be as stated in section 9-2-2 of this chapter. (Ord. 341, 9-10-1996)

9-2-2: ZONING DISTRICTS; ESTABLISHMENT AND PURPOSE:

   A Agricultural District: The purpose of the agricultural district is to preserve and protect the decreasing supply of prime agricultural land (including land used for timber production). This district is also established to control the random spread of urban type development into agricultural areas which will adversely affect agricultural operators.
   R-1 And R-2 Low Density Residential Districts: The purpose of the R-1 and R-2 districts is to permit the establishment of low density single-family dwellings, not to exceed one dwelling unit per acre in the R-1 district and two (2) dwelling units per acre in the R-2 district.
   R-4 Medium-Low Density Residential District: The purpose of the R-4 district is to permit the establishment of medium-low density single- and two-family dwellings not to exceed four (4) dwelling units per net acre.
   R-8 Medium Density Residential District: The purpose of the R-8 district is to permit the establishment of medium density single- and two-family dwellings not to exceed eight (8) dwelling units per acre. City water and sewer facilities are required.
   R-20 Medium-High Density Multi-Family Residential District: The purpose of the R-20 district is to permit the establishment of medium-high density multi-family dwellings not to exceed twenty (20) dwelling units per acre. The predominant housing type will be townhouses or apartments. City water and sewer services are required.
   C-1 Neighborhood Business District: The purpose of the C-1 district is to permit the establishment of certain enumerated low impact business uses which tend to meet the daily needs of the residents.
   CB Central Business District: The purpose of the CB district is to accommodate existing, and encourage future, commercial development in the historical core business area of the community. A variety of business, public, quasi-public, cultural and other uses are encouraged in order to provide the mix of activities that are necessary to protect the economic health of the community.
   LM Light Manufacturing District: The purpose of the LM district is to encourage the development of manufacturing establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare that is operated entirely within enclosed structures and generate little industrial traffic. (Ord. 429, 12-16-2008)
   HM Heavy Manufacturing District: The purpose of the HM district is to accommodate existing and encourage future industrial and manufacturing uses which are generally major operations and extensive in character. These operations require large sites, open storage, extensive service and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, light pollution, air pollution and water pollution, but not beyond the district boundary. All performance standards and supplementary regulations as defined in chapter 4 of this title are applicable to the HM zoning ordinance. No land or building shall be used in this district unless all negative impacts are mitigated. (Ord. 426, 10-7-2008)
   FP Floodplain Overlay District 1 : The purpose of the FP district is to guide future development in the flood prone areas of any watercourse, and to minimize the expense and inconveniences to the individual property owners and the general public which result from flooding. Uses to be encouraged in this district are generally associated with open space and public recreational use. This district is superimposed over other districts.
   SD Shoreline District: The purpose of the SD district is to provide access to Lake Coeur d'Alene by the public for the purpose of recreation and to provide for those businesses and facilities that will meet the needs of and be compatible with recreational uses. Uses that would be permitted, subject to the granting of a special use permit pursuant to the provisions of this title, and subject to all other applicable federal, state, county and local regulations, include public parks, docks (public and private), marinas, residential, commercial and uses customarily incidental to any of the above uses, including accessory buildings when located on the same lot. All uses proposed in this district shall be subject to chapter 4, "Performance Standards And Supplementary Regulations", of this title.
   MU Mixed Use District: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CB district. (Ord. 429, 12-16-2008)

9-2-3: ZONING DISTRICT MAP:

For the purposes of this title, the city is divided into districts as provided in section 9-2-2 of this chapter. The use districts for parcels of land located within the city are classified and reclassified as shown on a map entitled "The Zoning Map Of The City Of Harrison, Idaho", on file in the office of the city clerk, which map, with all explanatory matter thereon, shall be deemed to accompany, be and is made a part of this title. No buildings or premises shall be used, and no building shall be erected except in conformity with the regulations and ordinances of the city prescribed for the use district in which it is located. (Ord. 341, 9-10-1996)

9-2-4: INTERPRETATION OF DISTRICT BOUNDARIES:

Where uncertainty exists with respect to the boundaries of any zoning districts as shown on the official zoning map, the following rules shall apply:
   A.   Where district boundaries are indicated as approximately following the centerline of street lines, highway right of way lines, the centerline shall be construed to be such boundary.
   B.   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
   C.   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right of way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.
   D.   Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be at the limit of the jurisdiction of the city unless otherwise indicated.
   E.   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
   F.   All areas within the corporate limits which are underwater and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two (2) or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
   G.   Any areas shown on the official zoning map as a park, playground, school, cemetery, street or right of way, shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern.
   H.   In every case where property has not been specifically included within a district, or where territory has become a part of the city by annexation, the same shall automatically be classed as lying and being in the A agricultural district until such classification shall be changed by an amendment to this title as provided by law 1 .
   I.   Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then be subject to all regulations in the extended districts. (Ord. 341, 9-10-1996)

9-2-5: TRANSITION ZONING:

   A.   Lots In Two Districts: Where a district boundary line, as established in this title or as shown on the official zoning map, divides a lot which was in single ownership and of record at the time of the effective date hereof, the use thereon and the other district requirements apply to the least restricted portions of such lot under this title shall be considered as extending to the entire lot; provided, that the more restricted portion of such lot is entirely within sixty feet (60') of said dividing district boundary line. The use so extended shall be deemed to be conforming.
   B.   Lots In Residence District Adjacent To Business Or Light Manufacturing Districts: The first residentially zoned lot having a side yard adjacent to any CB or LM district may be utilized in accordance with the use requirements of the next least restricted residential zone; provided, that the area, height and other restrictions of the zone district in which it is located are met. In addition, any single adjacent structure located or built upon the first sixty feet (60') of such a residentially zoned lot with a side yard adjoining a CB or LM district may be used for offices for groups of doctors, dentists, architects, engineers or attorneys and insurance, institutional and real estate offices. In addition, such other semicommercial uses as determined by the city council to be of similar character are permitted. Such structure or use must comply with the area, height and other restrictions of the zoning district in which it is located.
   C.   Lots In Business Or Light Manufacturing Districts Adjacent To Residential Districts: Where a lot in a business or light manufacturing district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
   D.   Mixed Residential And Business Or Light Manufacturing Frontage: Where the frontage on one side of a street between two (2) intersecting streets is zoned partly as residential and partly as business or light manufacturing, the front yard depth in the business or industrial district shall be equal to the residential front depths of the residential district. (Ord. 341, 9-10-1996)

9-2-6: ZONING OF ANNEXED LANDS2:

Prior to annexation of an unincorporated area, the city council shall request and receive a recommendation from the commission on the proposed comprehensive plan and zoning ordinance changes for the unincorporated area. The commission and the city council shall follow the notice and hearing procedures provided in section 1-9-2 of this code. Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall amend the comprehensive plan and zoning ordinance. (Ord. 341, 9-10-1996)