Hayden City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
11-1-1: GENERAL RULES:
The rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise.
A. Tense; Plurals: Words used in the present tense shall include the future and words used in the singular number shall include the plural number and the plural the singular;
B. Shall: The word “shall” is to be mandatory and not discretionary;
C. May: The word “may” is permissive;
D. Lot: The word “lot” shall include the word “piece” and “parcel”;
E. Building: The word “building” includes all other structures of every kind regardless of similarity to buildings and the phrase “used for” shall include the phrases “arranged for”, “designed for”, “maintained for”, and “occupied for”.
F. Setback Encroachments: Building setbacks shall not be less than the minimum dimension specified for each zoning district, except as follows:
1. Cornices, canopies, eaves, chimneys, steps or other similar architectural features not providing additional floor space within a building may extend into the required side, front or rear yard setback or building separations as measured from the foundation, provided they do not encroach by more than two feet into the required setback, nor encroach into a public or private right-of-way or public utility easement. For those structures located in a zone district where the 15' front yard setback is allowed; these features may not encroach any closer than 15' from the property line.
2. Rear decks and platforms 42" or lower may extend into the required rear yard setback up to 10', and no upright support members may be extended higher than the 42" of the deck. At no time shall a deck or platform be enclosed to create additional square footage of the habitable structure without first obtaining approval of the City through the building permit process.
3. Structures completely below natural grade may extend into the required setback not more than half of the required setback.
4. When in-ground pools are within the rear yard, they may extend into the required rear yard setback not more than one-half the measurement of the required setback. For pool locations other than in the rear yard, the in-ground pool must be located outside of the setback areas.
5. The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, ventilator, chimneys, flag poles, sports netting, or other structures or appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 619, 4-13-2021)
11-1-2: DEFINITIONS:
A. Zoning Use Definitions:
ACCESSORY DWELLING UNIT (ADU): | Except as may be further restricted, an accessory dwelling unit is a dwelling unit that is incidental and subordinate to the principal use of the premises and does not alter the essential characteristic of the use. |
AGRICULTURE: | The tilling of soil, horticulture, floriculture, forestry, viticulture, raising crops, beekeeping, livestock, farming, dairying and animal husbandry including all uses customarily accessory and incidental thereto; but excluding slaughterhouses, fertilizer works, boneyards and commercial feedlots. |
AIRPORT, AIRCRAFT LANDING FIELD: | Any area of land or water that is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon. |
APARTMENT: | A room or suite of rooms in a multiple-family facility designed or used as a single living unit and provided with living, sleeping, kitchen and bathroom facilities, usually leased or rented. |
ASPHALT AND CONCRETE READY MIX PLANT: | A location where asphalt and/or concrete batch plants make hot mix asphalt, other forms of coated road stone, and concrete ready mix. These plants combine various ingredients based on engineered design standards for specific types of asphalt and concrete mixes. |
ASSEMBLAGE: | To fix or join together (in a clean, quiet atmosphere free of noise, odor, and soot and smoke) manufactured parts that are produced at another site, to make a complete product. |
ASSISTED LIVING FACILITY: | A building or distinct part thereof, or complex of buildings where senior and/or individuals with disabilities reside or where daily care is provided. These facilities generally provide the following: supervision or assistance with activities of daily living, administration of medication, and coordination of services by outside or inside healthcare providers, and monitoring of resident activities to help ensure their health, safety, and well-being. Also known as nursing, rest, and convalescent homes. |
AUCTION ESTABLISHMENT: | A building or portion of a building used for the public sale of goods, merchandise, or equipment to the highest bidder. |
AUTO WRECKING YARD, JUNKYARD: | An outdoor space where junk, waste, discarded, or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials, and places, or yards for storage of salvaged building and structural steel materials and equipment, including used machinery, trailers or construction equipment or parts thereof; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as a part of a permitted manufacturing operation on the same premises. An “auto wrecking yard” and “junkyard” are further defined as any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operable condition are standing more than 28 days, or on which used motor vehicles, or parts thereof, are dismantled or stored. |
BACKYARD COMPOSTING: | The activity of decomposing organic matter generated on any area of land or lot by a homeowner, tenant, occupant, or property owner. Backyard composting shall process material generated primarily on site. Backyard composting shall be operated in a nuisance free manner. No commercial purpose may be associated with backyard composting. |
BANK, FINANCIAL INSTITUTION: | An establishment that provides banking services, lending or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. The establishment may or may not have a drive-thru facility. |
BED AND BREAKFAST FACILITY (Boarding or Rooming House): | A single-family residence, occupied by the property owner or caretaker year round, which provides a maximum of five sleeping rooms (not including the occupant’s sleeping room(s)) for the lodging of overnight transient guests for a fee, and which includes the serving of a meal. |
BLACKSMITH SHOP: | A metalsmith who creates objects from wrought iron or steel by forging the metal, using tools to hammer, bend, and cut; to create objects such as gates, grilles, railings, light fixtures, furniture, sculpture, tools, agricultural implements, decorative and religious items, cooking utensils and weapons. |
BOTTLING AND DISTRIBUTION PLANT: | A commercial enterprise whose output is the bottling of beverages for distribution. |
BREWERY, DISTILLERY, WINERY: | An establishment for production of alcoholic liquors, but does not include food service establishments that produce such products only for on-site sale. |
BUILDING MATERIALS, HAY, GRAIN, BULK GARDEN SUPPLY, HEAVY MATERIALS: | A retail business that sells large, bulky, or heavy goods including building materials and agricultural goods, such as hay, grain, bulk garden supplies, tools and equipment. |
BUS STATION: | Any premises for the transient housing or parking of buses and the loading and unloading of passengers. |
CALL CENTER: | A centralized office used for receiving or transmitting a large volume of enquiries by telephone. |
CARETAKER RESIDENCE: | A dwelling on a nonresidential property occupied by a person, and the immediate family of the person, who oversees or guards the operation. |
CAR WASH: | A facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations. |
CEMETERY: | Land used or dedicated to the internment of human or animal remains including columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in conjunction with, and within the boundaries of such cemetery. |
CIVIC: | A building providing for government functions and services, including but not limited to federal, provincial, regional and municipal offices, public schools and colleges, publicly owned and operated hospitals, fire halls, community halls, libraries, museums, parks, cemeteries, jails and prisons, courts of law, waterworks facilities, and sewage facilities. |
CLUB, LODGE, SOCIAL HALL: | A building of which the primary use is a meeting place used by members of the community to gather for social, cultural, entertainment, recreational, or religious purposes. |
COFFEE/ESPRESSO STAND: | A beverage service establishment where drive-up window service is the primary customer access. |
COMMUNITY GARDEN: | A garden on a single piece of land gardened collectively by a group of people for fresh food or flowers. Can also include educational gardens where gardening, landscaping, nutrition, and cooking are taught. |
COMMUNITY RESIDENTIAL TREATMENT FACILITY: | A residential treatment center, sometimes called a rehab, is a live-in health care facility providing therapy for substance abuse, mental illness, or other behavioral problems. |
CONSTRUCTION COMPONENTS: | The manufacture or fabrication of construction components such as bricks, cement blocks, windows, doors, cabinetry, etc. |
CONCERT HALL/DANCE HALL: | A business operating in an area, whether indoors or out where amplified sound or music is provided for entertainment. |
CONDOMINIUM: | A building designed with multiple dwelling units, and platted for each unit to be owned separately. The unit may or may not contain a proportionate share in the common space or may or may not have dedicated land associated with the dwelling unit. |
CONTRACTOR’S OFFICE AND STORAGE: | A lot or portion of a lot or parcel, or a building or a portion of a building used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. Such lot, portion of lot or building includes office area directly related to the function of the contractor. |
CONVENIENCE STORE: | An establishment generally less than 5,000 square feet engaged in the sale of convenience goods, such as pre-packaged food items, tobacco, over the counter drugs, periodicals, and other household goods. Additionally, the retail sale of petroleum products may be dispensed through gasoline pumps and other supplies for motor vehicles may be sold. |
CORRECTIONAL FACILITY: | A facility designed and used to house, sequester, or confine incarcerated individuals, persons subject to a pre-trial order, on probation or parole. A correctional facility shall conform to the provisions of Hayden City Code 11-7-4. |
COTTAGE: | A building design with one dwelling unit for use and occupancy by no more than one family. Each dwelling unit shall be platted on an individual lot with a shared open space or green court. |
DAYCARE, ADULT: | A facility where adults regularly receive care, maintenance, and supervision unaccompanied by a guardian or custodian, regardless of whether the facility does or does not provide any educational instruction. This use excludes: (1) Care of operator’s legal wards or relatives; (2) Occasional personal guests; and (3) Any facility providing overnight custodial services for lodging and/or boarding. |
DAYCARE, ANIMAL: | See definition in Hayden City Code 4-3-3. |
DAYCARE CENTER, MINOR: | A child care facility for more than six children within the operator’s residence; or that is outside the operator’s residence. Daycare Centers when operated within a residence may have a maximum of 25 children and require a conditional use permit. |
DAYCARE, HOME, MINOR: | A child care facility for six or fewer children that is an accessory use to a primary residential use. |
DRIVE-UP ESTABLISHMENT: | An establishment, whether it be the primary or an accessory use, other than automobile service station or parking lot, that is designed to allow the occupants of a motor vehicle to make purchases or receive services at a window or service area while remaining in the vehicle. |
DWELLING: | A building, or portion thereof, containing one or more dwelling units. The term does not include any trailer, mobile home, motel, hotel, guesthouse or boarding house. |
DWELLING, MULTIPLE-FAMILY: | See multi-family building definition. |
DWELLING, SINGLE-FAMILY: | A building designed as one dwelling unit for use and occupancy by no more than one family. This also includes any group residences as defined by Idaho Code 67-6531. |
DWELLING, TWO- and THREE FAMILY: | A building designed with more than one, but not more than three dwelling units. |
DWELLING UNIT: | One or more rooms designed for, or used as a residence for, not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such type of occupancy as a lodging or boarding house, club, sorority, fraternity or hotel. |
FABRICATION AND MACHINE SHOP: | Metal fabrication facilities start with flat sheets of metal and through a process cut, punch out, bend, weld, powder coat, and assemble finished parts. Machine shops start with blocks of metal (round, square, or rectangular solid rods or tubing) and create finished parts through sawing, milling, drilling, and turning process. |
FARMER’S MARKET, FLEA MARKET, SWAP MEET: | Any event: |
A. At which two or more persons offer new or used personal property or merchandise for sale or exchange; and | |
B. At which the event is held more than six times in any 12 month period. | |
C. The term “swap meet” is interchangeable and applicable to “flea markets”, “indoor swap meets”, or their similar terms, regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. | |
FIRING RANGE: | A controlled area of activity, indoors or outdoors, generally designed for the discharging of firearms at targets. |
FOSTER HOME; GROUP HOME; INSTITUTION FOR MINOR CHILDREN: | A place, home, building, or location providing care for nine (9) or more unrelated children as a member of the household for the purpose of providing substitute parental care. |
FUELING STATION, COMMERCIAL: | Repositories of fuel that have located to service commercial vessels. |
FUNERAL HOME, CREMATORY, OR MORTUARY: | A facility in which deceased human bodies are kept and prepared for burial or cremation. |
GROUP HOME: | See definition of foster home; group home; institution for minor children. |
GOVERNMENT BUILDING: | Public Building(s) or Complex: A building or buildings owned or used by the federal, state, county or city government, or any political subdivision, agency or instrumentality thereof. |
GROCERY: | A market where food and related items are sold. |
GROOMING, SMALL ANIMAL: | Grooming for small animals on an appointment basis, with drop off and pick up on the same day. |
HEALTH CLUB: | A club for leisure and fitness activities. |
HOME OCCUPATION: | A business activity which results in a product or service that is conducted as an accessory use by an immediate member of the family residing within the dwelling place, and which meets all of the conditions as required by this title. |
HOSPITAL: | An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of human patients for 24 hours or more. The term “hospital” does not include clinic, convalescent, nursing, or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, alcoholics, or other types of cases necessitating forcible confinement of patients. |
HOSPITAL, ANIMAL: | See definition of animal hospital/clinic in Hayden City Code 4-3-3. May include commercial grooming and boarding services is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property. |
HOTEL/ MOTEL: | A building, or group of buildings on the same premises whether detached or in connected rows, containing 6 or more sleeping or dwelling units with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. |
INSTITUTION: | A building housing any facility, however named, whether operated for profit or not, operating for the treatment of mentally ill persons, drug addicts, alcoholics or other types of cases necessitating forcible confinement of patients. |
INSTITUTION FOR MINOR CHILDREN: | See definition of foster home; group home; institution for minor children. |
KENNEL, COMMERCIAL: | Any premises, or portion thereof involved in the business of boarding, breeding, buying, letting for hire, or training for a fee, on which cats and/or dogs are maintained, harbored, possessed, fostered, boarded, bred or cared for and which may have commercial grooming and similar accessory uses. Also see definition in Hayden City Code 4-3-3. |
KENNEL, RESIDENTIAL: | Any premises, or portion thereof, at which cats, dogs and small household domestic animals, as outlined in subsections 4-3-6(A)(1) and (A)(2) of this Code, are maintained, harbored, fostered or cared for as part of a rescue operation without compensation. Also known as residential pet rescues. No more than 15 animals in total may be living and/or fostered on site at any one point in time, this includes resident animals and rescued animals in combination. |
LABORATORY, MEDICAL/DENTAL: | A facility that provides pathological testing or manufacturing of prosthetics and orthopedic appliances, or that provides dental services including the manufacturing of orthodontic appliances, crowns, and dentures. |
LAUNDRY AND DRY CLEANING SERVICE: | An establishment where laundry or dry cleaning is dropped off by customers or picked up by customers and that also includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Establishments that do not include on-site cleaning activities are classified as “general personal services”. |
LAUNDRY, INDUSTRIAL: | An industrial facility where fabrics are cleaned on a commercial or wholesale basis. |
LIBRARY AND CULTURAL FACILITIES: | A permanent facility for storing and loaning of books, periodicals, reference materials, audio and videotapes, and other similar media. |
LOT, OUTDOOR SALES: | An area, other than a street, used for the display and sale of more than two new or used automobiles, trucks, trailers, mobile homes, boats, farm machinery or other machinery or equipment in operating condition in any 30 day period and where no repair work is done except that necessary for completion of the sale. Said repair work shall be performed in a garage or an enclosed building. |
LUMBER MILL, SAWMILL, PULP MILL: | Mills that convert round wood products into primary wood products, like lumber, pellets, sheathing, wood pulp, etc. |
MAJOR UTILITY INFRASTRUCTURE: | See definition in section 8-1-2 of this Code. |
MANUFACTURED HOME: | A structure constructed since June 15, 1976, that bears the seal of the U.S. Department of Housing and Urban Development (HUD) indicating it has met the manufactured home construction and safety standards of the U.S. Department of Housing and Urban Development or the Building Code and when erected on site is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements and which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq. |
MANUFACTURED HOME COMMUNITY: | An area, tract, plot or site of land of at least five acres in size containing two or more manufactured homes or spaces for manufactured homes, developed, located and maintained for dwelling purposes. |
MANUFACTURING, LIGHT: | The processing, packaging, treatment or fabrication of goods and merchandise in a clean, quiet atmosphere, free of noise, odor, dust and smoke. |
MEDICAL RESEARCH FACILITY: | A facility designed for the purpose of conducting medical research. |
MINI-STORAGE: | See definition of self-service storage. |
MINOR UTILITY INFRASTRUCTURE: | See definition in section 8-1-2 of this Code. |
MOBILE FOOD VENDOR: | See definition of Mobile Food Establishment in Hayden City Code 3-7-4. |
MOBILE HOME: | A structure similar to a manufactured home, but built to a state Mobile Home Code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). |
MOTOR VEHICLE REPAIR, MAJOR: | General repairs to vehicle engine, transmission or drive-train; rebuilding or major reconditioning of work or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and overall painting of motor vehicles or trailers. |
MOTOR VEHICLE REPAIR, MINOR: | Incidental repairs, replacement of parts, and minor service to motor vehicles, but not including any operation specified as “Motor Vehicle Repair - Major”. |
MULTI-FAMILY BUILDING: | A building or portion thereof, containing four or more dwelling units excluding attached single family townhome units located on individual lots. |
NEWSPAPER AND PRINTING ESTABLISHMENT: | An enclosed facility for the printing and distribution of newspapers, newsletters, and other similar media that is printed on newsprint-type paper for sale and general circulation. |
NONCONFORMING USE: | A use which was lawfully established and maintained at the time this title was adopted, but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located. A nonconforming building or nonconforming position of the building shall be deemed to constitute a nonconforming use of the land on which it is located. |
OFFICE, BUSINESS/ PROFESSIONAL: | A facility for business and professional services, such as accountants, architects, attorneys, insurance brokers, realtors, investment counselors, but not including medical or personal services. |
OFFICE, MEDICAL: | A facility for a group of one or more physicians for the examination and treatment of human patients, primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals. Patients are not kept overnight except under emergency conditions. Ancillary laboratory facilities may be included. |
OPTICIAN: | A business that fits and sells lenses, eyeglasses, and other optical instruments. |
OUTDOOR SALES DISPLAY: | An area where customers are encouraged to examine and/or experience merchandise in their typical configuration and/or manner of use. This use is distinct from “outdoor storage” or junkyard as elsewhere defined. |
OUTDOOR STORAGE: | The short-term or long-term storage of equipment, products, supplies, and materials, outside an enclosed building, and not for the purpose of outdoor sales display, in an area as an accessory to a primary use. |
PARKING LOT, COMMERCIAL: | An open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers. “Surfaced area” as used herein means hard surface including asphalt, concrete or similar material. |
PARKING LOT, OFF-SITE ACCESSORY: | An off street parking area for motor vehicles not less than 9' x 20' in area having access to a public street, alley or private driveway. |
PARKING GARAGE, PRIVATE: | A detached accessory building or a portion of a main building, including carports, on the same lot as a facility, or other lot as may be permitted by this title, for the housing of vehicles of the occupants of the facility. |
PARKING GARAGE, PUBLIC: | A building available for use by the public for the storage of motor vehicles, with or without a fee and not directly related to a specific land use. |
PARKS, RECREATION, and OPEN SPACE: | Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping, or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker’s quarters, and parking. Specific use types include, but are not limited to: Forest Reserve, Recreation Area, Golf Course, Park or Playground, Public Plaza. |
PARK, RECREATIONAL VEHICLE/ CAMPGROUND: | Any area, tract, plot or site of land, whereupon two or more recreational vehicles or travel trailers are placed, located, and maintained for temporary living quarters on a temporary basis. |
PERSONAL SERVICE: | A facility that provides individualized services generally related to personal needs. These include, but are not limited to, beauty and health care services, such as hair and nail salons, and barber shops, tattoo parlors, body piercing or massage establishments. |
PHARMACY: | A location where prescription drugs are sold. May also include the sale of non-prescription drugs and personal care items. |
PHOTOGRAPHY STUDIO: | A business where photography is practiced on a professional level for portraiture and for various commercial and industrial applications, including the preparation of photographs for advertising, illustration, display, and record-keeping. |
PRINTING, PUBLISHING & REPRODUCTIONS: | The business of making copies of printed materials. |
RAILROAD CLASSIFICATION YARDS: | A railway yard found at some freight train stations, used to separate railway cars onto one of several tracks. |
RAILROAD TRANSPORTATION LINES OR SPURS: | A branch line is a secondary railway line which branches off a more important through route, usually a main line. A very short branch line may be called a spur line. |
RECREATION FACILITIES: | Commercial, non-profit, or civic indoor and/or outdoor facilities used for recreation and physical fitness such as gyms, athletic clubs and recreation centers, which may include accessory uses such as facility/ground rentals, events, food and beverage services such as restaurants, cafes, and coffee shops, and similar uses. |
RELIGIOUS INSTITUTION: | A building that people regularly attend to participate in or hold religious services, meetings, and other activities. Uses related to and operated by a religious institution may include a rectory, school, thrift store, homeless shelter, or similar, and may be located on the same parcel or an adjacent parcel to the religious institution. |
RESTAURANT, WITH OR WITHOUT A DRIVE-UP WINDOW: | Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as café, cafeteria, coffee shop, lunchroom and dining room. |
RETAIL TOBACCO BUSINESS: | A business which (1) during the normal course of business primarily distributes any tobacco product or provides any equipment or material used for the consumption of tobacco, (2) lawfully may permit smoking indoors, and (3) does operate a smoking area on premises owned, operated, or used by the business, whether indoors or outdoors, during any portion of its hours of operation. |
SALES, RETAIL: | A location where the product created is sold directly to consumers. A single retail use in one stand-alone building or tenant space. |
SALES, WHOLESALE: | A location where the product created is sold in bulk to restaurants, grocery stores, and other establishments. |
SCHOOL: | An institution of learning, whether public or private, that offers instruction to a group of children in those courses of study required by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the Idaho Department of Education, but it does not include a vocational or professional school or any institution of higher education, including a college or university. |
SCHOOL, PRIVATE COMMERCIAL: | A school, regardless of whether it is operated for profit, primarily devoted to instruction, in dance, music, drama, art, languages, martial arts training, and business. |
SCHOOL, TRADE OR INDUSTRIAL: | An institution for conducting instruction in the technical, commercial or trade skills, secretarial training, medical-dental technician training, beauticians, barbers, electronics, and automotive technician training. |
SCHOOL, UNIVERSITY: | An educational institution offering advanced instruction in an academic or business field, beyond the secondary level, including trade schools or business colleges, except those whose function is primarily commercial in nature with the training or schooling an incidental activity. This includes all accessory uses, such as dormitories, parking lots, etc. |
SELF-SERVICE LAUNDRY: | An establishment with pay-per-use clothes washing and drying machines where customers launder their own clothes. May include accessory retail sales of laundry soap and similar items, primarily for use on the premises. |
SELF-SERVICE STORAGE: | A building or group of buildings or portions thereof which are designed or used exclusively for storage of excess property of an individual, family or business. Buildings are divided into individually accessed units. This shall not be deemed to include the day to day operations of businesses of any kind. |
SERVICE STATION: | Premises where gasoline, motor oils, lubricants, and grease for the operation of motor vehicles are directly retailed to the public and may include tires, accessories, services, and minor motor vehicle repairs. |
SEXUALLY ORIENTED BUSINESS; NONRETAIL: | An adult arcade, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. |
SEXUALLY ORIENTED BUSINESS; RETAIL: | An adult book, novelty, or video store. |
SHELTER, ANIMAL: | See definition in Hayden City Code 4-3-3. |
SHOPPING CENTER, CONVENIENCE COMMERCIAL: | A small shopping center that typically features an approximately 2,500 square foot groceries/sundries store as an anchor tenant and may also provide other services such as gasoline sales, dry cleaners, coffee shop, dentist office, beauty shop, day care, etc. A convenience shopping center may have an average building area ranging from 15,000 to 35,000 square feet and occupy one to three acres. |
SHOPPING CENTER, NEIGHBORHOOD COMMERCIAL: | A moderate sized shopping center, planned and developed as a unit, typically composed of a grocery up to 60,000 square feet in size, and usually containing additional smaller tenants serving a local market area. A neighborhood shopping center may have a gross floor area ranging from 35,000 to 100,000 square feet and may occupy up to 10 acres. |
SHOPPING CENTER, COMMUNITY COMMERCIAL: | A group of commercial establishments, planned and developed as a unit, typically featuring an approximately 50,000 square foot or greater grocery store and/or department store or volume discount retail outlet as an anchor tenant/s and may include freestanding buildings containing restaurants or other commercial uses. A community shopping center has a gross floor area of over 100,000 square feet but no more than 300,000 square feet and typically occupies from 10 to 25 acres. |
SHOPPING CENTER, REGIONAL COMMERCIAL: | A group of commercial establishments, planned, developed, owned, and managed as a unit related in location, size and types of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the type and size of stores. The major tenant is one or more full line department stores. Size of the center can range between 300,000 square feet to over one million square feet of gross leasable area. |
SOCIAL EVENT CENTER: | A structure or other physical site with improvements, necessary to accommodate a specific activity. |
STRUCTURE, ACCESSORY: | A. Any subordinate building, such as a detached garage, incidental to and located on the same lot on which a principal building exists or which is under construction. The accessory building shall not be occupiable unless the principal building is occupiable; and |
B. Structure subordinate in area, extent, or purpose to the principal building, or principal uses served; and | |
C. Contributes to the comfort, convenience or necessity of occupants of the principal building or use served; and | |
D. Is located on the same lot as the principal building or principal use served with the single exception of such accessory off street parking facilities as are permitted to be located elsewhere than on the same lot with the building or use served. | |
STRUCTURE, PRINCIPAL BUILDING: | A building in which is conducted the principal use of the lot upon which it is situated, such as a single family dwelling, a townhome, a twin-home, multi-family structure, or a non-residential structure for the primary use allowed in the zone designation. |
STRUCTURE, PUBLIC BUILDING OR COMPLEX: | A building or buildings owned or used by the federal, state, county or city government, or any political subdivision, agency or instrumentality, thereof, where not otherwise specifically defined by Hayden Municipal Code. Public buildings or complexes (not owned by the City of Hayden) shall be subject to Hayden City Code 11-7-4. |
TANNERY/TAXIDERMY: | A tannery is the place where tanning or the process of treating skins and hides of animals to produce leather occurs. Taxidermy is the art of preserving an animal’s body via mounting or stuffing, for the purpose of display or study. |
TAVERN, LOUNGE, BREW PUB: | A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food. |
TEMPORARY USES, CONSTRUCTION/ SUBDIVISION OFFICE: | A moveable or modular structure or trailer used for the storage of construction materials and/or the offices or work spaces for construction managers or workers during the time a principal or accessory building is being constructed. |
TEMPORARY USES, HARDSHIP USE FOR DEPENDENT RELATIVE: | See Hayden City Code 11-2-5(I) |
TEMPORARY USES, PARKING: | A temporary parking lot for non-required parking where new building construction is planned. |
TEMPORARY USES, SALES TRAILER: | A moveable or modular structure or trailer temporarily used for sale of real estate within the same development. |
TEMPORARY USES, SEASONAL USES: | Uses such as fireworks stands, Christmas tree lots, and food and flower stands. |
THEATER: | A building used primarily for the presentation of live stage productions, performances, or motion pictures. |
TOWNHOME: | A building designed with no more than three dwelling units. Each dwelling unit shall be platted on an individual lot. |
TRAILER HOME: | A detached single-family dwelling unit, other than a manufactured home or manufactured building with all the following: |
A. Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connection for attachment to outside; | |
B. Designed to be transported after fabrication on its own wheels or a flatbed or other trailers or detachable wheels; and | |
C. Arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like. | |
TRAILER, TRAVEL: | A vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation uses. |
TRANSIT TERMINAL: | A passenger terminal or loading facility for a privately or publicly owned transit system, including a private shuttle service. |
TRUCKING TERMINAL: | An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops or fueling stations where primarily diesel fuel is sold. |
TRUCK TRANSPORT FACILITY, COMMERCIAL: | A facility used for the dispatch, parking, maintenance or repair of trucks that are owned by the business and that are used to transport goods from one off site location to another off site location which is located on a lot that is no greater than five acres in size. This is subject to the development standards of 11-2-5 of this title. |
TRUCK TRANSPORT FACILITY, INDUSTRIAL: | A facility used for the dispatch, parking, maintenance or repair of trucks that are owned by the business and that are used to transport goods from one off site location to another off site location. If located on a lot that is greater than five acres in size, a special use permit shall be required. This is subject to the development standards of 11-2-5 of this title. |
URBAN FARM (GARDEN): | A farm or garden operated for commerce, where the growing of the produce is to be sold (or donated in the case of not-for-profit farms) as opposed to being grown for personal consumption. An urban farm can utilize space such as raised beds, rooftops, planting boxes, etc. to maximize area within a non-agriculture zone for the farm. |
USE, PERMITTED: | An activity or use so designated in any given zone, and which may occur without special action by the Planning and Zoning Commission, subject to provisions of the zone in which it is located. |
USE, PRINCIPAL: | The main use of land or buildings as distinguished from a subordinate or accessory use. |
USE, PROHIBITED: | “Prohibited uses” in specific zones are those uses not specifically enumerated as permitted uses or conditional uses. “Prohibited uses” are listed in this title for purposes of clarity and emphasis only. |
USE, CONDITIONAL (SPECIAL): | A use listed among those classified in any given zone but permitted to locate only after review by the Planning and Zoning Commission and the granting of a “special use” permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone and assure against imposing excessive demands upon public utilities and facilities. |
VEHICLE CLEANING, SERVICING, REPAIR AND CUSTOMIZATION: | See definition for Motor Vehicle Repair Major and Minor. |
VEHICLE SALES: | See definition of lot, outdoor sales. |
VENDOR: | Any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any personal property at a swap meet. |
WELDING/SHEET METAL SHOP: | See Fabrication and Machine Shop. |
WOODWORKING/ CABINET MANUFACTURING: | Woodworking is the activity or skill of making items from wood, and includes cabinet making, wood carving, joinery, carpentry, and woodturning. |
B. Measurement Definitions:
ACREAGE: | Any tract or parcel of land which has not been subdivided or platted, in common ownership having an area of one acre or more. |
AREA, BUILDABLE: | The space within the setback lines remaining on a lot after the minimum open space requirements of this chapter have been complied with. |
AREA, GROSS FLOOR (Applying to Floor Area Ratio): | The sum of the gross horizontal areas of the several floors inside the exterior walls of a building or a portion thereof. |
AREA, GROSS FLOOR (Applying to Parking Ratio): | The entire square foot area of floor space of a building which is enclosed and subject to heating and/or air conditioning, less: |
A. Any space used and occupied by central mechanical and/or electrical equipment, elevator, escalator, conveyors, dumbwaiters, lifts, chutes, trash disposal units, and fuel storage spaces; and | |
B. Public right of way and other similar enclosed spaces open to the public. | |
BUILDING HEIGHT: | The vertical distance measured from the average elevation of the proposed finish grade at the front of the building to the highest point of the roof for a flat roof, to the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof. |
BUILDING LINE: | A line established by this title to govern the placement of buildings with respect to highways, streets and alleys. The front line shall be the front line as shown upon official plats of the property in all subdivisions platted. |
CALIPER: | The diameter of a tree or shrub trunk measured six inches above grade. |
DECIBEL: | A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in “decibels”. |
DENSITY: | A unit of measurement; the number of dwelling units per acre of land. |
DENSITY, GROSS: | The number of dwelling units per acre of total land to be developed including public right-of-way. |
DENSITY, NET: | The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way. |
LOT MEASUREMENTS: | A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and |
B. Width of a lot shall be the distance between the side lot lines and, at any point, shall not be less than the required continuous frontage for the zone in which the lot resides. | |
SETBACK: | The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side, or rear yard requirements of the zoning ordinance or by delineation on a record subdivision map. |
SIGN, GROSS AREA OF: | See measurement of sign area and allowable signage size in Hayden City Code 11-5. |
YARD, FRONT: | A yard extending along the full length of the front lot line between the side lot lines. |
YARD, REAR: | A yard extending along the full length of the rear lot line between the side lot lines. |
YARD, SIDE: | A yard extending along a side lot from the front yard to the rear yard. |
C. Building Definitions:
ALTERATIONS, STRUCTURAL: | Any change, other than incidental repairs, which should prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders. |
BASEMENT: | That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to ceiling is no more than six feet. |
BERM: | An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. |
BUFFER: | A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other. |
BUILDING: | Any structure built for support, shelter or enclosure of persons, animals, or movable property of any kind and which is permanently or semi-permanently fixed to the land. |
BUILDING, COMPLETELY ENCLOSED: | A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors. |
BUILDING, DETACHED: | A building surrounded by an open space on the same lot. |
BUILDING, EXISTING: | A building erected prior to the effective date hereof or one for which a legal building permit has been issued. |
BUILDING, NONCONFORMING: | Any building which does not conform to the requirements of this title. |
CAPACITY: | The maximum amount of people which may be contained in a building or structure. |
CARPORT: | A structure open on at least two sides used to house or protect motor vehicles which are owned or operated by the occupants of the principal building. |
DECIDUOUS: | A plant with foliage that is shed annually. |
EVERGREEN: | Any broadleaf or coniferous tree, shrub, or ground cover that holds foliage year round. |
GARAGE, PRIVATE: | A building or portion thereof, except a public garage, used or designed to be used for the storage of motor vehicles. |
GRASSY SWALE: | A shallow, grassed, linear depression with gently sloping sides used as percolation areas to treat stormwater runoff in conjunction with dry wells. |
GROUND COVER: | Ground covers are low growing plants used in the landscape to cover large areas of ground. They are often used to create blankets of foliage in and around shrubs and trees to unify the landscape or as a filler between features such as stepping stones, shrubs and trees. In addition, they are for erosion control on slopes or banks, or as a lawn substitute in areas too shady to support the growth of turf grasses. This group of plants encompasses everything from vines to low growing perennials and shrubs, but does not generally include turf grasses. Heights range from one inch to 24" tall. Some fast growing annuals can also be considered ground covers for large flowerbeds. Ground cover shall be of live plant material. Gravel, colored rock, walk on bark, and similar materials shall be used in combination with a living ground cover in all non-turf areas as a mulch to control weeds and conserve or retain water until a living ground cover has achieved the coverage desired. |
MANUFACTURED BUILDING: | Any building or building components, other than a mobile home, which is constructed according to standards contained in the Building Code as adopted or amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. |
PLANTING AREA: | An area of land to be planted such that it will be fully utilized under the conditions of this section. |
REPAIR: | The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word “repair” or “repairs” shall not apply to any other change in structure such as would be required by additions to or remodeling of such structure. |
SCREEN: | A method of reducing the impact of noise and unsightly intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or an appropriate combination thereof. |
SHRUB: | A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground, may be deciduous or evergreen. |
STORY: | Must conform to the definition and provisions therein of “story”, as stated in the definitions and abbreviations chapter of the building code. |
STORY, FIRST: | Must conform to the definition and provisions therein of “story, first”, as stated in the definitions and abbreviations chapter of the building code. |
STRUCTURE: | An object constructed or erected which requires location on the ground or is attached to something having a location on the ground, including towers, smokestacks, overhead transmission lines, but not including fences or walls used as fences less than eight feet in height. |
D. Miscellaneous Definitions:
AMENDMENT: | A change in the wording, context or substance of this title, or change of the zone boundaries upon the zoning map, which map is part of this title when adopted by resolution, passed by the City Council in the manner prescribed herein. |
APPROACH: | A point of access onto a publicly dedicated and maintained road for which approval has been given by the City, the appropriate highway district or the Idaho Transportation Department. |
COMPREHENSIVE PLAN: | A plan, or any portion adopted by the City Council including such things as the general location and extent of present and proposed housing, commercial uses, transportation, parks and other community facilities. |
DENSITY PROVISIONS: | The requirements for each land use district to encourage, protect and preserve the health, safety and general welfare of the area through standards which include yards, height, bulk, lot area, lot coverage and occupancy limitations. |
DEPENDENT RELATIVE: | One who is related by direct bloodline, marriage, adoption, unmarried partner relationship or court ordered guardianship, and has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property. |
DRIVEWAY: | A vehicular access to a lot or lots that provides vehicular and pedestrian access to a maximum of five dwelling units located on privately owned property. All access shall meet the requirements of Northern Lakes Fire Protection District and City of Hayden design standards, policies, and City code. Such driveways may require ingress and egress, stormwater and utility easements, |
ENGINEER, CITY: | The engineer who reviews permit applications for the City of Hayden, Idaho. |
FAMILY: | An individual or two or more persons related by blood, marriage, or legal adoption, or a group of not more than five unrelated persons, excluding servants; or any combination of related and unrelated persons producing an aggregate of no more than five persons living together as a single housekeeping unit in a single dwelling unit. |
HEALTH DISTRICT: | The Panhandle Health District (Region I). |
HIGHWAY DISTRICT: | The agencies which have jurisdiction over secondary roads in Kootenai County. Authority results from the powers vested by Idaho Code, title 40, chapter 6. |
LOT: | For purposes of this title, a “lot” is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. The act of the county assessor assigning a parcel number to land does not create a lot of record. Such lot shall conform to the provisions of section 11-2 of this title, and may consist of: |
A. A single lot of record; | |
B. A portion of a lot of record; | |
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or | |
D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this title. | |
LOT, CORNER: | A lot which is bound on two or more sides by street lines; where the angle of intersection does not exceed one hundred 135°. |
LOT COVERAGE: | The area of a lot occupied by the principal building or buildings and accessory buildings. |
LOT, INTERIOR: | A lot other than a corner lot or reversed corner lot. |
LOT, IRREGULAR: | Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots requiring special measurement techniques in order to achieve the purpose of setback requirements, i.e., the appropriate separation of structures from streets and other properties. Setbacks for irregular lots shall be determined by the community development director or his/her designee and shall be in general conformance with the pattern of setbacks of the adjacent properties. |
LOT LINE: | The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public or private street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line or line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot. |
LOT OF RECORD: | A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded. The act of the county assessor assigning a parcel number to land does not create a lot of record. |
LOT, PARKING: | An open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers. “Surfaced area” |
LOT, REVERSED CORNER: | A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. |
LOT, THROUGH: | A lot other than a corner lot having frontage on two parallel or approximately parallel streets. On a through lot both street lines shall be deemed as front lot lines. |
LOT, WATERFRONT: | A lot or parcel that adjoins or abuts the high water mark of a lake, river or stream. |
NOISE: | The intensity, duration and character of sounds, from any and all sources. |
NONCONFORMING BUILDINGS: | A building, or portion thereof, which was lawfully erected or altered and maintained at the time this title was adopted, but which because of the application of this title to it, no longer conforms to the use, height, or area regulations of the zone in which it is located. |
NOXIOUS MATTER: | A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well- being of individuals. |
NUISANCE: | A use of property or course or conduct that interferes with the legal rights of others by causing damage, annoyance or inconvenience. |
OPEN SPACE: | Any open area, including, but not limited to, the following: parks, yards, playgrounds, beaches, waterways, parkways, and streets. |
PARCEL: | A unit of land of contiguous quantity in the ownership of one person and constituting a portion of a separate tract of land. |
PARTICULATE MATTER: | Any material except uncombined water that exists in a finely divided form as a liquid or solid at standard conditions of temperature and pressure. |
RECREATIONAL EQUIPMENT: | Including boats and boat travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. |
SIGN: | See Hayden City Code 11-5-3. |
SIGN, TEMPORARY: | See Hayden City Code 11-5-3. |
SPACE, OFF STREET LOADING AND UNLOADING: | Open off street hard surfaced area of land other than a street as a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. |
STREET: | A public right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the City of Hayden. The term “street” also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and may be classified in the transportation plan with a typical section as arterial, collector, local, or alley street section. |
STREET, PRIVATE: | A privately owned and maintained right of way that provides vehicular and pedestrian access. This definition does not include emergency access roads, driveways serving no more than five dwelling units, driveways to nonoccupiable utility infrastructure, internal circulation roads within multi-family dwelling complexes, aisleways within shared parking lots, alleys, and private streets in existence prior to the effective date hereof. |
TOXIC MATERIALS: | Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. |
VARIANCE: | A modification of the requirements of the Zoning Ordinance as to the lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. |
YARD: | An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. (Ord. 619, 4-13-2021) |
11-1-3: DEVELOPMENT AGREEMENTS:
A. Purpose: The purpose and intent of this section is to encourage private participation in comprehensive planning and allow for zoning amendments that are designed to address the specific character of a parcel of property, the needs of the surrounding neighborhood and the public infrastructure needs, by placing conditions upon that zoning amendment that provide for mitigation of the impact of development upon the community.
B. Authority: In the event that a requested amendment to the zoning designation of a parcel of property will, in the opinion of the City Council, have a substantial impact on the public infrastructure or will require buffering between the subject parcel and adjacent neighborhood if the request were to be granted, the City Council is hereby authorized to condition approval of the zoning amendment upon a written development agreement providing for mitigation of the impact on the infrastructure and the property surrounding the subject parcel.
C. Form of Agreement: The development agreement shall be in a form approved by the City Council. It shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, buffering requirements and infrastructure improvement requirements that are necessary to mitigate the impact of the zone change. The development agreement may include conditions, terms, restrictions and requirements for discretionary actions, provided, that such conditions, terms, restrictions and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
D. Recording: All development agreements shall be recorded at the expense of the subject property owner and the terms of the agreement shall run with the land and be binding on subsequent property owners.
E. Modification and Termination: Development agreements may not be amended or terminated without the City first providing notice and holding a public hearing pursuant to the hearing procedures for adoption of the Comprehensive Plan under the Local Planning Act.
F. Enforcement: If the property owner fails to comply with the terms of the development agreement, the City Council may, following notice and public hearing, terminate the agreement and reverse the zoning designation. The City Council is also authorized to enforce the terms of the agreement through civil action for injunctive relief.
G. Periodic Review: Compliance with the development agreement may be reviewed on a periodic basis following the procedures set forth herein:
1. Written notice of the periodic review shall be given in writing to the property owner of the subject property at least 15 days in advance of the time at which the review will be conducted.
2. An investigation will be conducted as to whether or not there has been good faith compliance.
3. If the person who is authorized by the City to conduct the investigation finds that there has not been such compliance, written findings shall be provided to the City Administrator together with a recommendation as to whether the development agreement should be terminated or modified or enforced as written.
4. Upon receipt of the findings and recommendation, the matter shall be placed on the Council agenda for public hearing pursuant to the notice and hearing procedures set out in the Local Planning Act for adoption of the comprehensive plan.
5. Nothing in this section is intended to preclude a review on a more frequent basis upon the receipt by the City of a complaint that the terms of the development agreement have been violated.
H. Discretionary Authority: Approval of a zoning amendment under this section is at the discretion of the City Council. The City Council may set fees to cover costs of processing the development of such an agreement. (Ord. 619, 4-13-2021)
11-1-4: ADMINISTRATION AND ENFORCEMENT:
A. In the interpretation and application of the provisions of this title the requirements will be held to be minimum requirements. When this title imposes a greater restriction upon the use of buildings or premises or requires larger spaces than are imposed by other codes, resolutions, rules and regulations, or covenants, the provisions of this title shall control. The provisions of this title shall be interpreted as shown on the official zoning map on file in the City Clerk’s Office, in compliance with this title as adopted and the City of Hayden Comprehensive Plan.
B. Application: Applications shall be submitted online electronically to the Community Development Department and/or the designee of the Department. The submittal will request sufficient and detailed information to assist the staff and other decision- making bodies with determining if the application is consistent with the standards of approval for the related action.. All applications shall be signed by the property owner or their duly authorized agent, so signified by filing an affidavit of representation. The application shall be accompanied by a certificate of a title insurance company licensed under the laws of the State of Idaho dated no later than 30 days prior to the date of application.
C. Schedule Of Fees, Charges And Expenses: The Council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for the various permits and approvals related to the administration and enforcement of this title requiring investigations, inspections and reporting, application processing and reviews, meetings, legal advertising, postage, staff reports, hearings, written decisions, legal assistance, and other expenses. The schedule of fees shall be retained in the Office of the City Clerk and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. The cost of the title reports, postage, mailings and other items as specified in the adopted fee schedule shall be the sole responsibility of the applicant.
D. Hearing Notices:
1. Written Notices: All required written notices under this title shall provide at a minimum the following information:
a. The address of the property, or another general description by which the public can identify the property;
b. The present land use of the property;
c. A description of the proposed action; and
d. The date, time and place of the public hearing (if applicable).
2. Notice Signs: The applicant shall pay for the installation of the public notice sign to be placed by the City that meets the following specifications:
a. The sign shall contain the following information:
(1) The first line shall read “NOTICE OF PUBLIC HEARING”;
(2) A description of the proposed action; and
(3) The date, time and place of the public hearing. The lettering shall be of sufficient size to be easily readable to the motoring public;
b. The sign shall be installed on the property adjacent to the most heavily traveled public way;
c. The sign shall be of sufficient size and location to be easily readable by the motoring public;
d. The sign shall be posted and maintained on-site by the applicant for the time period specified in this Code for the related application; and
e. The City shall remove the sign no later than seven days following the public hearing.
E. Enforcement: All departments, officials and employees of the City of Hayden vested with the duty of authority to issue permits shall conform to the provisions of this title; and any such permit or approval issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Community Development Director and/or their designee, to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location or use of any building or structure.
F. Violations:
1. All new construction, building improvements, alterations, or enlargements, and all new or altered uses of land, undertaken after the effective date hereof, and all new uses or occupancy of premises within the City, shall conform with the requirements, character, and conditions as to use, height, and area for each of the several zones as described in this title. No person shall design, erect, construct, establish, move into, alter, enlarge, or use, or cause or permit to erected, constructed, established, moved into, altered, enlarged, or used, any building, structure, improvement, or use of premises located in any zone described in this title in any manner contrary to the provisions herein.
2. Any person(s), firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted. (Ord. 619, 4-13-2021)
11-1-5: NOTICE OF VIOLATION AND STOP WORK ORDER:
A. Noncompliance: The City shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the applicable provisions of this Code. Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the City may issue a Notice of Violation and order any work stopped by written notice. Such Notice of Violation or Stop Work Order may be served on any persons engaged in doing or causing such work to be done, and upon such service, persons shall forthwith stop such work until authorized by the City to proceed. If no persons are present, the Stop Work Order shall be posted in a conspicuous location at the site.
B. Notice of Violation: A copy of the Notice of Violation shall be mailed to the property owner of record and any known holder of any legal interest in the property, if applicable. The notification shall include:
1. The property owner and the legal description of the parcel, as well as the street address, if any;
2. A detailed description of the nature of the violation;
3. A description of remedial actions that could be undertaken to resolve the violation; and
4. The length of time allotted to resolve the violation.
The property owner shall have 45 days from the date the Notice of Violation was mailed to resolve the violation. If resolution does not occur within those 45 days, the Notice of Violation may be recorded in the Office of the County Recorder, with a copy mailed to the owner.
C. Appeals: The Notice of Violation shall also advise the owner of the process for appeals of Notices of Violation and Stop Work Orders. An owner or a holder of any legal interest in the property may appeal a Notice of Violation or Stop Work Order pursuant to section 1-1-5 of this Code. The appeal shall be heard in accordance with subsection 1-1-5(B) of this Code. If the appeal is denied (i.e., the action is affirmed), the City Council shall specify an exact number of days to gain compliance with this title before the Notice of Violation is recorded, and may add or remove conditions of remedial action. If the appeal is approved (i.e., the action is reversed), the City Council shall specify actions to be taken to release the violation.
D. Fees: Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule unless the enforcement action was reversed by the City Council or a court of competent jurisdiction. Upon payment of such fees or a determination that payment of fees is not necessary, the City shall cause a Release of Notice of Violation to be recorded in the Office of the County Recorder. The release shall contain all of the information contained in the Notice of Violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner.
E. Complaints: Any affected person may file a written complaint alleging that a violation of this Code has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Clerk. The City shall investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this chapter.
F. Penalties: Penalties for failure to comply with or violations of the provisions of Title 9 (Building Regulations), 10 (Land Use & Development), 11 (Zoning Regulations), or 12 (Subdivision Regulations) of this Code shall be as follows:
1. A first violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements shall constitute an infraction punishable as set forth in subsection 1-3-1 (B) of this Code.
2. A second or subsequent conviction for violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements within 12 months of the first violation shall constitute a misdemeanor punishable as set forth in subsection 1-3-1(C) of this Code, with a maximum fine of $1000.00 and 180 days in jail.
3. Each day on which a violation continues shall be considered a separate violation for purposes of both civil and criminal action. The landowner, tenant, sub divider, builder, or any other person(s) who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the City Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of title 9, 10 or 11 of this Code, or of Idaho Code.
G. The City Attorney or other attorney who represents the City may also take civil action in District Court to prevent, restrain, correct, or abate any action taken, or which may be taken, in violation of title 9, 10, 11, or 12 of this Code, to vacate any subdivision or condominium plat recorded in violation of title 12 of this Code, or to otherwise enforce the provisions of this Code. In addition to other actions that may be ordered by the court, if the City prevails, the violator shall pay to the City all fees associated with the violation then due and owing. The City may also seek the imposition of a civil penalty in an amount not to exceed $1,000.00 per violation per day, with a total maximum civil penalty of $10,000.00.
H. In cases where multiple individuals, firms, corporations or agents participated in violating Title 9, 10 or 11 of this Code, they may be held jointly and severally liable for any remedies, penalties or payments.
I. The City may withhold issuance of permits for subdivisions, lots, or parcels of land that are in violation of any provision of Title 9, 10, 11, or 12 of this Code. Withholding of permits may be appealed in accordance with section 1-1-5 of this Code. Applications for approvals authorized by this title will not be scheduled for hearing until all violations of this Code are corrected, except when the purpose of the approval is to correct the violations of this Code then existing. These requirements may be appealed in accordance with section 1-1-5 of this Code. (Ord. 619, 4-13-2021)
11-1-6: OFFICIAL ZONE DISTRICT MAP: ESTABLISHMENT OF ZONES:
A. The City is hereby divided into zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. If, in accordance with the provisions of this title, changes are made in zone boundaries or other matter portrayed on the official zoning district map, such changes shall be entered on the official zoning district map promptly after the amendment has been approved by the Council.
1. No changes of any nature shall be made in the official zoning district map or matter shown thereon except in conformity with the procedures set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title.
2. Regardless of the existence of purported copies of the official zoning district map which may from time to time be made or published, the official zoning district map which shall be located in the Office of the City Clerk shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the City.
3. In the event that the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Council may by resolution adopt a new official zoning district map which shall supersede the prior official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no such corrections shall have the effect of amending the original official zoning district map or any subsequent amendment thereof. Map shall contain the following statement: “This is to verify that this Official Zoning District Map supersedes and replaces the Official Zoning District Map adopted (date of adoption of map being replaced).”
4. Unless the prior official zoning district map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
B. Rules For Interpretation Of Zone Boundaries: When uncertainty exists as to the boundaries of a zone as shown on the official zoning district map, the following rules shall apply to zone boundaries:
Approximately Following | Shall Be Construed To Follow |
Approximately Following | Shall Be Construed To Follow |
Centerline of streets, highways or alleys | The centerlines |
Platted lot lines | The lot lines |
City limits | City limits |
Railroad lines | Midway between the main tracks |
Shorelines | Actual shorelines |
Centerline of streams, rivers, canals, lakes, or other bodies of water | The centerlines |
Township or section lines | Township or section lines |
1. Boundaries indicated as parallel to extensions of features indicated in the table of this section, shall be so construed.;
2. When physical or cultural features existing on the ground are at variance with those shown on the official zoning district map, or in the other circumstances not covered in the table of this section, the Council shall interpret the district or zone boundaries;
3. Where a zone boundary line divides a lot which was in single ownership at the time of passage hereof, the Council may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district or zone into the remaining portion of the lot.
C. Application Of Zone Regulations: The regulations set by this title within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use. (Ord. 619, 4-13-2021)
11-1-7: AMENDMENTS:
Whenever the public necessity, convenience, and general welfare or good zoning practices require, the City Council may, by ordinance and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
A. New And Unlisted Uses: It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Hayden. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use, or a use for which the Community Development Director cannot make a determination that it is similar to other uses, and therefore is a prohibited form of land use, shall be made as follows:
1. The question concerning any new or unlisted use shall be accompanied by a statement of facts listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
2. The Council shall consider the nature and describe the performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the type of zone within which such use should be permitted.
B. Amendment To Zoning Map: An amendment to change the zoning map may be initiated by the council, or an application to amend the zoning map may be made by the owner or contract buyer of the subject property by filing an application and a petition electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the applicant.
C. Amendment To Text Of Zoning Ordinance: An amendment to the text of the zoning ordinance may be initiated by the City Council, or an application to amend the text may be made by filing an application and petition in writing filed electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the petitioner.
D. Application For Zone Map Change: Application for amendments to the official zoning map shall contain at least the following information:
1. Name, address and telephone number of applicant;
2. Present land use;
3. Present zoning district;
4. Proposed land use;
5. Proposed zoning district;
6. A vicinity map (drawn to a readable scale) showing property lines, thoroughfares, linear feet measurements for all parcels of land within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and the existing zoning district for each parcel;
7. A list of all property owners and purchasers and their mailing addresses who are within 300' of the external boundaries, streets and alleys excluded, of the land being considered and keyed to the vicinity map;
8. A certificate of a reputable title insurance company licensed under the laws of the state of Idaho, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon the tax rolls of the county assessor of Kootenai County within the land being considered. The cost of the title report shall be the sole responsibility of the applicant.
9. A statement on how the proposed amendment meets the standards of approval specified in subsection 11-1-7(E)(6) of this chapter.
E. Amendment Procedures:
1. Agency and Public Notice: Once the City staff has reviewed the application and the staff has determined that the application is complete and that sufficient information regarding the proposal can be provided, notice will be provided to involved public agencies, as identified by the City. This notice shall allow 14 days for agency comment and the results of the agency comment shall accompany and be incorporated in summary in the staff report. At least 15 days prior to the hearing notice of the amendment, shall be published in the official newspaper of the City of Hayden, and additional notice by first class mail shall be provided to property owners and purchasers within 300', excluding streets and alleys, of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the Council. When notice is required to 200 or more property owners or purchasers of record, notice may be given through a display advertisement at least four inches by two columns in size in the official newspaper of the City at least 15 days prior to the hearing date, in addition to site posting on all external boundaries of the site, in lieu of mailed notice.
2. Planning and Zoning Commission Public Hearing: At, or prior to, the public hearing, the City staff will provide a report to the Planning and Zoning Commission.
3. Planning and Zoning Commission Recommendation: After the Planning and Zoning Commission has reviewed the amendment at the public hearing, the commission shall forward a written recommendation to the City Council. The commission shall recommend approval or disapproval of the amendment as soon as practicable.
4. City Council Public Hearing: No additional agency notice shall be required in advance of this public hearing, unless the Planning and Zoning Commission recommendation consists of a material change from what was requested. All other noticing requirements shall follow those identified in 11-1-7(E)(1). At, or prior to, the public hearing, the City staff will provide a report to the City Council.
5. City Council Decision: Upon receipt of the Written Recommendation from the Planning and Zoning Commission, and public hearing notice, the amendment request will be placed on the next available City Council agenda. The City Council, upon receipt of the recommendations from the Planning and Zoning Commission, and after opportunity to review the file and minutes from the Planning and Zoning Commission public hearing, and after receiving testimony at a public hearing with the City Council shall act upon the request.
a. The City Council prior to adopting, revising, or rejecting the amendment to the zoning ordinance or map, and having made no material change from what was presented at the Planning and Zoning Commission and/or City Council public hearing, shall make a decision.
b. Upon granting or denying an application to amend the text of the zoning ordinance or the zoning map, the City Council shall specify in writing:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
c. In the event that City Council shall approve an amendment, such an amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance and/or the City zone map duly amended as identified by the decision.
6. Additional Public Hearing: Following the City Council’s public meeting hearing, if the City Council makes a material change from what was presented at the public hearing(s), further notice and an additional public hearing shall be provided before the City Council makes a final decision.
7. Standards Of Approval: If the request meets the following standards of approval, the City Council may adopt the ordinance amendment:
a. The Commission shall consider the existing zoning district or regulations, and may recommend approval, conditional approval, modification, or denial of the proposal or the commission may defer action until completion of such studies or plans as may be necessary to determine the advisability of the proposal.
b. The City Council may impose conditions upon rezoning where such conditions are required to ensure that proposed uses of the area are consistent with community needs and its public health, safety, and general welfare. The Planning and Zoning Commission may recommend conditions upon rezoning for the City Council’s consideration.
c. Amendments to the zone map and zone text shall be in accordance with the Future Land Use Map and the goals and policies found in the Hayden Comprehensive Plan.
d. Amendments to the zone map and zone text shall align with the zone district’s purpose and intent.
e. Amendment to the zone map and zone text shall be consistent with the neighborhood contexts.
8. Amendment to Comprehensive Plan: If the request is not in accordance with the adopted comprehensive plan, the City Council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the comprehensive plan has been amended as hereinafter provided for, the City Council shall hold a public hearing and make a decision on the proposed zoning amendment. (Ord. 619, 4-13-2021; amd. Ord. 631, 5-10-2022; Ord. 645, 3-23-2023)
11-1-8: EXCEPTION REQUEST:
A. Application for an exception from a particular provision, regulation, or design standard may be made as an administrative exception. Neither the number, size, location nor maintenance of existing parking and loading spaces shall be altered or reduced below the requirements specified for the use except if authorized with the approval of an exception request. Application fees for administrative exceptions are as per the current fee schedule adopted by the City Council.
B. Modifications that are considered to be minor in nature, as determined by the Community Development Director or his/her designee shall not require application or payment of fees.
C. Exceptions may be considered for the number and/or type of required parking spaces and loading spaces, the location of the parking area with respect to the facility being served, and/or design standards for items such as, lighting, landscaping, parking, circulation, etc. Exception requests for more than thirty five percent (35%) of the required standard shall be subject to an open public meeting before the Planning and Zoning Commission. Exception requests for more than fifty percent (50%) of the required standard shall be subject to a public hearing process before the Planning and Zoning Commission as identified in Hayden City Code 11-1-7E.1.
D. Exceptions and minor modifications may only be granted based upon the following findings:
1. The requested exception is based upon a unique character or feature of the property or use, which does not generally apply to other properties or similar uses subject to the requirement from which an exception is sought;
2. The requested exception will not be injurious to the public safety and welfare;
3. If approved, the requested exception or minor modification will be equally protective of the public interest, and will otherwise achieve the identified purposes of this chapter; and
4. If a reduction in required parking is requested, the applicant has provided sufficient evidence to demonstrate that the off street parking proposed will be adequate to meet the needs of the present use, and likely future uses; such evidence may include, but is not limited to, a consideration of on street parking available to serve the subject property.
E. Decisions of the Community Development Director or his/her designee or Planning and Zoning Commission may be appealed to City Council as provided for in this title. (Ord. 619, 4-13-2021)
11-1-9: APPEAL OF ADMINISTRATIVE DECISION:
A. General Provisions:
1. The Council shall hear and decide appeals where it is alleged there is error in any order, requirement, recommendation or determination made by department officials and employees in the enforcement of this title;
2. Appeals to the Council concerning interpretation or administration of this title may be taken by any person aggrieved.
B. Procedures:
1. Appeals shall be filed within a reasonable period of time, not to exceed 65 days, in accordance with 1-1-5 of this code;
2. Notice of Appeal: Notice of an appeal shall be provided by the same means applicable to the original application.
3. Optional Stay of Action: At the hearing, any affected party may appear in person, by agent or attorney.
4. At the hearing, any affected party may appear in person, by agent or attorney.
C. Appeal Stay Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the Council, after the notice of appeal is filed with it, that by reason of facts stated in the appeal, a stay would, in their opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the courts after having due cause shown.
D. Process Of Appeal: It is the intent of this title that all appeals involving interpretation and enforcement shall first be presented to the Council of the City of Hayden and that recourse from the decision of the Council shall be to the courts as provided by law. (Ord. 619, 4-13-2021)