Hollister City Zoning Code
GENERAL PROVISIONS
§ 153.01 SHORT TITLE.
This subchapter shall be known and may be cited as the “Zoning Ordinance of the City of Hollister”.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.02 AUTHORITY.
This subchapter is adopted pursuant to authority granted by Idaho Code Title 67, Ch. 65, and Art. 12, § 2, of the Idaho Constitution, as amended or subsequently codified.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.03 INTERPRETATION.
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare, to retain and enhance upon the aesthetics of the community, to preserve and enhance land values, to separate incompatible uses and to promote security within the community.
(B) To protect the public, among other purposes, such provisions are intened to provide for adequate light, safety from fire and other danger and undue concentration of populations.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.04 SCOPE.
(A) It is not intended by this subchapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinance, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenants running with the land to which the city is a party.
(B) Where this subchapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this subchapter shall control.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.05 DEFINITIONS.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR BUILDINGS. A subordinate use or building customarily incident to and located on the same lot with the main use or building.
ALLEY. Any public space or thoroughfare 25 feet or less in width, but no less than 15 feet in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property. Access through an ALLEY to property will not be considered legal access for purposes of fulfilling the requirements of this subchapter.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit, facilities or an enlargement, whether by extending on a side or by increasing in height or in the moving from one location to another.
DAIRY. The congregation of more than one animal unit per acre on a single parcel of ground raised for the purpose of the production, sale and distribution of milk, butter or cheeses.
HOME OCCUPATION. Any gainful operation, profession or craft which is customarily incidental to carried on in a dwelling place and wherein the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and which occupation is carried on only by the immediate members of the family residing within dwelling place. Signage for the HOME OCCUPATION shall be limited to two square feet and traffic will be minimal. The business shall not create a nuisance to the surrounding neighborhood in the form of noise, odors, traffic generated or in any other manner.
JUNK YARD or SECONDHAND SALES. Any business in which used goods are collected and sold for reuse even as a secondary business related to the primary business on site. It shall consist of an outdoor space where junk, waste, discarded or salvaged material are stored or handled, including automobile wrecking yards and yards for used building materials and places or yards for storage of salvaged equipment, automobiles or machinery.
MANUFACTURED HOMES. A structure, constructed according to the HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be use as a dwelling with or without a permanent foundation when connected to the required utilities, and include plumbing, heating, air conditioning and electrical systems contained therein; except that, such term shall include any structure which meets all with the requirements of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq.
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).
NON-CONFORMING BUILDING. A building, structure or portion thereof which does not conform to the regulations of this subchapter applicable to the zone or district in which such building is situated, but which existed prior to and was in compliance with the existing regulations as of the effective date of this subchapter.
NON-CONFORMING USE. A use of premises which does not conform to the regulations of this subchapter, but which was in existence and conformance with the existing regulations at the effective date of the subchapter.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.06 USE DISTRICTS.
The city is hereby divided into three use districts which shall be known, in order of restrictiveness as:
(A) RA, Residential/Agriculture Zone;
(B) C, Commercial Zone; and
(C) I, Industrial Zone.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.07 RESIDENTIAL/AGRICULTURE ZONE.
(A) Purpose. The purpose of the RA Zone is to have land area set aside by zoning procedures and in accordance with the Comprehensive Plan to preserve and enhance predominately single-family living areas at a low-density standards with agricultural uses allowed.
(B) Designated uses.
(1) The growing of all soil crops, including all farming, and all uses incidental to the farming operation;
(2) The raising of livestock and poultry under the following conditions. Excluding commercial feed lots, raising of swine commercial poultry, dairies (as defined), similar intensive agricultural use. Horses or other usual farm animals are permitted when kept under the following standards:
(a) To maintain or keep one cow or one horse or one sheep or one goat, the applicant must have at least 10,000 square feet of pastureland, exclusive of the homesite, for one animal and 5,000 square feet of pastureland for each additional animal. Fences enclosing such animals must be so constructed so as to prevent the animals from going upon the property of adjoining property owners in any manner whatsoever.
(b) To maintain and keep fowl or rabbits, the application must have at least 5,000 square feet of real estate, exclusive of the homesite, for no more than 25 fowl or rabbits. In no event shall the fowl or poultry house, rabbit hut, fowl, poultry or rabbit run be less than 40 feet from a dwelling other than that of the applicant.
(c) It is unlawful for any person to keep or maintain any pigs or hogs within the limits of the city.
(3) Single-family dwelling, including manufactured homes, under the following conditions.
(a) The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet.
(b) The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than 12 inches above grade.
(c) The manufactured home shall have a pitched roof; except that, no standards shall require a slope of greater than a nominal three feet in height for each 12 feet in width.
(d) The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwelling as determined by the local permit approval authority.
(e) Additions to a manufactured home shall be of compatible construction using like materials.
(f) The manufactured home shall be no more than ten years old at the time of its installation.
(4) Home occupations;
(5) Churches or parish halls; and
(6) Public facilities such as schools, city infrastructure, parks and playgrounds.
(C) Uses requiring special use permits.
(1) Farm animals exceeding units contained in the livestock ordinance;
(2) Temporary residence placed during the construction of permanent residence, not to exceed six months in duration;
(3) Neighborhood commercial uses;
(4) More than one permanent residence on a platted or recorded lot; and
(5) Multi-unit dwellings.
(D) Public facilities. It is desirable that, in this zone, the principal designated uses involving structures be serviced from public sewer facilities. However, since such public facilities might, not be reasonably available or feasible throughout the zone then the minimum lot requirement will be controlled by the specific requirements as stated in division (E) below or the requirements of the Health Department, whichever is greater.
(E) Newly erected or altered regulations. In this Agricultural Zone, no building or premises not customarily incidental to agricultural pursuits, as herein noted, shall be used, nor shall any building, structure or land usage be hereafter erected or altered (unless otherwise provided in this subchapter), except for one or more of the above uses in accordance with the following standards.
(1) General. The lot per dwelling unit and for all uses in an RA Zone, dependent on city water supply and individual septic disposal systems in accordance with the state’s Department of Health standards for subsurface sewage are to be used, lots shall not be less than 100 feet by 125 feet or 12,500 square feet. The site shall be shown to have sufficient space, complying with the Health Department standards, for future construction of a replacement sewage disposal system.
(2) Front yard. No building (not including uncovered porches or steps) shall be constructed nearer than 25 feet from the front lot line.
(3) Rear yard. No dwelling shall be constructed nearer than 15 feet from the rear lot line.
(4) Side yard. No dwelling shall be constructed nearer than 15 feet from the side lot line.
(5) Accessory use buildings. No building shall be constructed nearer than five feet from the side and rear lot line and 25 feet from front lot line.
(6) Manufactured home. One occupied mobile home may be placed on a lot size of the area 100 feet by 125 feet or larger area (12,500 square feet) and must be no more than ten years old at the time of installation.
(7) Clear view of intersecting streets. In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner lot within triangular area, from the street property line, except for a reasonable number of trees pruned high enough to permit an obstructed view.
(8) Sewage disposal. All domestic and commercial sewage disposal facilities must be approved the Health Department.
(9) Well water. Well water for domestic use shall be drilled and supplied only by the city.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.08 COMMERCIAL ZONE.
(A) Purpose. The purpose of this zone is to provide for areas that will fulfill the need for travel-related services, retail sales and professional offices as well as neighborhood commercial services throughout the area, and servicing the major highways or arteries catering both to local and travel-related services. NEIGHBORHOOD COMMERCIAL shall be defined to provided local commercial service needs primarily located at selected places at the perimeter of low density residential neighborhoods. All commercial applications will be required to provide an environmental assessment of the use upon the community.
(B) Designated uses.
(1) All commercial uses that are retail in nature, both highway-related and neighborhood commercial; and
(2) Public facilities such as schools, city infrastructure, parks and playgrounds.
(C) Uses requiring special use permit.
(1) Wholesale operations;
(2) Residential use directly related to the commercial use on the property. Residential use for rental purposes, other than in a motel or RV park in which the stay is limited, shall not be allowed;
(3) Churches and parish halls;
(4) Junk yards/second hand sales; and
(5) Adult book stores.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.09 INDUSTRIAL ZONE.
(A) Purpose.
(1) The purpose of the Industrial Zone is to provide areas by zoning procedures and in accordance with the Comprehensive Plan which encourage suitable areas in which industrial uses may locate, substantially free from residential, light industrial or retail commercial activities.
(2) The zone shall also provide for industrial park development areas to create, preserve and enhance areas containing manufacturing and related establishments within an open and attractive setting, typically appropriate in locations near major thoroughfares, freeways and other suitable places. All industrial development applications will be required to provide an environmental assessment of the use upon the community.
(B) Designated uses.
(1) All industrial uses, including light and heavy industries, manufacturing plants, processing plants and related uses;
(2) Wholesale commercial businesses; and
(3) Public facilities.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.10 NON-CONFORMING USES.
The lawful use of any building, structure or land existing at the time of the enactment of this subchapter may be continued, although such use does not conform with the provisions of this subchapter; provided, the following conditions are met.
(A) Unsafe structure. Nothing in this subchapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(B) Restoration. Nothing in this subchapter shall prevent the reconstruction, repairing, rebuilding and continued use of any non-conforming building or structure damaged by fire, collapse, explosion or Acts of God, subsequent to the date of this subchapter, wherein the expense of such work does not exceed 40% of the replacement value of the building or structure at the time such damage occurred.
(C) Wear and tear. Nothing in this subchapter shall prevent the reconstruction, repairing or rebuilding of a conforming building, structure or part thereof existing at the effective date of this subchapter, rendered necessary by wear and tear, deterioration or depreciation.
(D) Unlawful use not authorized. Nothing in this subchapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulation in effect at the time of the effective date of this subchapter.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.11 DISTRICT ESTABLISHMENT; ZONING MAP.
(A) Use districts established. For the purposes of this subchapter, the city is hereby divided into use districts, as hereinafter provided.
(B) Maps and boundaries. The boundaries of the use districts are hereby established as shown on a map entitled the Zoning Map of the city.
(C) Alleys. As much as possible, zoning district boundaries shall fall at the alleyway or back property line so that like uses will be facing each other.
(D) Zoning across lot lines. If a lot which was platted or recorded prior to the adoption date of this subchapter is split by two different zones, the lot shall be considered, in whole, zoned to that use in which a majority of the lot is zoned.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.12 ZONING PERMITS.
The following land use changes shall require a written application to the City Council, accompanied by the listed fees:
Change to the comprehensive plan | $150 |
Changing of zoning boundaries | $100 |
Special use permit | $50 |
Vacation of streets/alleyways | $50 |
Variance | $50 |
(Ord. 96-9-4, passed 9-16-1996)
§ 153.13 BUILDING PERMITS.
No vacant land and buildings hereafter erected or altered shall be occupied or used in whole or in part, nor shall any owner or tenant of any land or building hereafter change the use classification or enlarge the use in any building or on any premises without a certificate of occupancy from the county. Reference should be made to the city code concerning building, electrical and plumbing permit processes.
(Ord. 96-9-4, passed 9-16-1996) Penalty, see § 153.99
§ 153.14 STREET ACCESS.
(A) No lot shall be developed without proper access to a public street. Should such street not be improved, it shall be the responsibility of the property owner of the property being developed to improve the street to city standard:
(1) Must have a recorded plat or other document dedicating public right-of-way;
(2) Must be constructed to city standards with an eight-inch ballast surface, a four-inch gravel base and leveling course, graded and compacted with a 24-foot wide all weather driving surface placed in the center of the right-of-way with 12 feet on each centerline. Drainage pits on either side shall be of a four to one (4:1) ratio slope and at least one and one-half feet deep; and
(3) Must be constructed with a turnaround of 60 feet for emergency equipment if longer than 150 feet.
(B) A private road will be all owed for access under the following conditions:
(1) Must have a recorded, permanent perpetual easement and a recorded maintenance agreement sign by those served;
(2) Must exist entirely upon private property and not make use of public right-of-way;
(3) Must be constructed with six-inch gravel base and leveling course, graded and compacted with a 12-foot wide all weather driving surface;
(4) Must be constructed with a turnaround of 60 feet for emergency equipment if longer than 150 feet; and
(5) Must be extended to within 150 feet of the most distant corner of all inhabited buildings.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.15 CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.
Prior to annexation of an unincorporated area, the county shall request and receive a recommendation from the Planning and Zoning Commission on the proposed Comprehensive Plan and Zoning Ordinance changes for the unincorporated area. The Commission and Council shall follow the notice and hearing procedures provided in Idaho Code § 67-6509. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the Plan and Zoning Ordinance.
(Ord. 1451, passed 12-13-1977; Ord. 96-9-4, passed 9-16-1996)
§ 153.16 ADMINISTRATIVE PROCEDURES.
(A) Upon receipt of a development application, the county shall follow the notification and public hearing requirements specified in Idaho Code Title 67. All applications must be sign by the property owner in question. It shall be the applicant’s responsibility to collect and turn into the city, as part of his or her application, the names of all property owners within 300 feet of the property (excluding streets and alleys) if such notification is required.
(B) Applications for variances to the code shall be considered when they are not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in an unnecessary hardship because of the physical characteristics of the site. A variance is a modification of the requirements of this subchapter such as minimum lot size, width, depth, setbacks affecting the size or shape of the structure or the placement of the structure upon lots, or the size of the lots. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest.
(Ord. 96-9-4, passed 9-16-1996)
§ 153.17 LAND USE SCHEDULE.
Land Use | Zone | ||
R/A | C | I | |
Land Use | Zone | ||
R/A | C | I | |
AGRICULTURAL | |||
Agricultural, general | P | P | P |
Farm animals (1 unit per acre) | P | P | P |
Farm animals (more units per acre) | S | S | S |
Roadside stand | P | P | |
COMMERCIAL | |||
Adult book store | S | ||
Amusement centers, indoor | P | ||
Auto sales/repair | P | ||
Bakery | P | ||
Bank | P | ||
Barber/beauty shop | S | P | |
Bar | P | ||
Building supply outlet | P | ||
Car wash | P | ||
Child care facility | S | P | |
Dairies | S | ||
Dance studio | S | P | |
Drive in restaurant | P | ||
Drug store | S | P | |
Dry cleaner | S | P | |
Equipment rental/sales | P | ||
Feed lots | S | ||
Food store | S | P | |
Gift shop | P | ||
Hotel/motel | P | ||
Junk yard/secondhand sales | S | S | |
Medical/dental | S | P | |
Laundromat | S | P | |
Nursery | S | P | S |
Office, professional | P | ||
Recreational vehicle park | P | ||
Restaurant | S | P | |
Retail stores/services | P | ||
Service station | S | P | |
Theater | P | ||
Wholesale operations | S | P | |
INDUSTRIAL | |||
Heavy industries | P | ||
Light industries | P | ||
Manufacturing plants | P | ||
Processing plants | P | ||
PUBLIC/SEMI-PUBLIC | |||
Churches or parish halls | P | S | S |
Public facilities | P | P | P |
RESIDENTIAL | |||
Apartment houses | S | ||
Duplexes/triplexes | S | ||
Home occupations | P | ||
Manufactured home | P | S | S |
Manufactured home park | S | ||
More than 1 dwelling per lot | S | ||
Single-family dwelling | P | S | S |
Temporary housing (construction) | S | S | S |
(Ord. 96-9-4, passed 9-16-1996)