The regulations herein set forth qualify or supplement the regulations within zoning districts and subdistricts appearing elsewhere in this title. (Ord. 542, 2007)

No space needed to meet the width, yard, area, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. (Ord. 542, 2007)

The Council may allow greater than "standard" building heights with or without extra setback requirements, in the RP, CB and LI Zoning Districts and subdistricts, providing all floors have a fire sprinkler system approved by the Fire Chief and City Engineer. The requirement for a fire sprinkler system may be waived by the Council, based on recommendations from the Fire Chief, for a building which is accessory to a farming use and not intended for human occupancy providing the property owner release the City for all fire protection responsibility and liability. (Ord. 542, 2007)

Detached accessory buildings two hundred (200) square feet or less in size, not used for human occupancy may be built on the side or rear property line provided all of the following conditions are met:

   A.   Written permission of adjacent property owner is obtained and provided to the City.

   B.   Firewalls as required by the International Building Code (IBC) are constructed.

   C.   Detached accessory structures used for storage of vehicles or RVs shall require a building permit, regardless of size.

   D.   There is no water runoff from building onto adjacent property.

   E.   The accessory building is not located closer than ten feet (10') to a main building.

   F.   There is no architectural projection beyond the property line.

   G.   Accessory buildings attached to other buildings shall require a building permit.

   H.   Accessory buildings over two hundred (200) square feet shall require a building permit. (Ord. 649, 2018)

All front yard setbacks on roads, streets and highways designated on the current "highway designation map", a copy of which is available for review from the City Clerk, shall conform to the setbacks required by that map. The setback requirements listed on the "highway designation map" shall supersede all other setback requirements. (Ord. 542, 2007)

Personal swimming pools (accessory to residential use) that are not completely enclosed within a building having solid walls shall be set back at least seven feet (7') from the property lines and shall be completely surrounded by a fence of at least four feet (4') in height. There shall be no openings larger than thirty six (36) square inches, except for gates that shall be equipped with self-closing and self-latching devices. Public swimming pools shall comply with the rules and regulations promulgated by the Idaho Department of Health and Welfare and International Building Code for public swimming pools in Idaho. (Ord. 542, 2007)

Duplexes may have the separate units sold to different owners under the following procedure:

   A.   An application for duplex split will be made with the Administrator on a form provided by the Administrator. The Administrator shall allow a duplex split upon receiving evidence that the following conditions have been made:

      1.   Each unit must have a lot area not less than the following:

         a.   R1: The minimum lot area shall be six thousand (6,000) square feet.

         b.   R2: The minimum lot area shall be five thousand five hundred (5,500) square feet.

         c.   R3: The minimum lot area shall be five thousand (5,000) square feet.

      2.   Firewalls as required by the International Building Code and the City of Kimberly Inspection Department have been provided between the units.

      3.   Separate sewer and water facilities are provided to each unit.

      4.   Two (2) off street parking spaces are provided for each unit. (Ord. 542, 2007)

   A.   Gateway Arterials: Gateway arterials include the following streets: Main Street North, U.S. Highway 30, 3500 East, Kimberly Road, U.S. Highway 50.

   B.   Landscaping Requirements: In addition to, and as part of, the landscaping requirements specified elsewhere in this title, the following landscaping shall be provided, retained and maintained on all properties in commercial or industrial zoning districts and fronting gateway arterials: A landscaped strip at least ten feet (10') in width shall be provided immediately behind the sidewalk or future sidewalk when existing buildings are being remodeled, and thirty feet (30') when vacant land or cleared land is being developed. Any continuous landscaped strip exceeding forty feet (40') in length shall contain a twelve inch (12") minimum height undulating berm. Each separate section of the landscaping strip shall contain trees or shrubs. The plant types in each portion of the landscaping strip shall be as set forth in section 17.11.020 of this title. Each landscaped strip shall be kept clean and free of noxious and other weeds.

   C.   Hardship: In the case of the expansion of existing commercial developments, these requirements may be modified by the commission if it can be shown by the developer that strict compliance with these requirements will result in the removal of existing and proposed parking spaces below eighty five percent (85%) of the number of spaces required to serve the existing and proposed development. (Ord. 542, 2007)

The following are minimum requirements for vehicle stacking for drive-through facilities:

   A.   Fast food restaurants and drive-in banks: Nine (9) spaces, or such other number as approved by the Planning and Zoning Commission, but not less than six (6) spaces.

   B.   All others: Six (6) spaces. (Ord. 542, 2007)

Motor homes, camp trailers, campers and other similar recreational vehicles may be stored, maintained, loaded or unloaded on private property (but not occupied otherwise or connected to sewer, water or cable services, except in an approved RV park). The Zoning Administrator may approve a temporary RV usage permit (not to exceed 6 months per calendar year), for placement of an RV on private property during active on site construction or for short term guest RV usage on private property, not exceeding fourteen (14) days per calendar year. Temporary RV usage permits may be renewed upon the approval of the Planning and Zoning Administrator.

No motor homes, camp trailers, campers and other similar recreational vehicles may be parked on any street, easement, alley or public right-of-way.

Any violation of the provisions of this section or a failure to comply with any of its requirements shall constitute an infraction and be subject to the violation and penalty criteria of section 17.07.100.1 of this chapter. (Ord. 636, 2016)

   A.   The City officials shall issue one warning per calendar year. If the violation is not corrected within forty eight (48) hours, the owner, occupant or tenant shall be guilty of an infraction and shall be subject to a fine of one hundred dollars ($100.00).

   B.   Any police officer of the City, upon finding a motor home, camp trailers, campers and other similar recreational vehicles in violation of this section 17.07.100 is authorized to remove or cause to be removed to a secure impound facility at the owner's expense. (Ord. 636, 2016)

Manufactured homes shall comply with the following development standards:

   A.   Shall be at least twenty four feet (24') wide, with a minimum floor area of nine hundred sixty (960) square feet.

   B.   Shall have a nonmetallic, wood shake or asphalt shingle roof with a minimum slope of three to twelve (3/12) and a minimum six inch (6") eave.

   C.   Shall have horizontal aluminum, simulated wood or wood siding.

   D.   Shall have a foundation face that is similar in appearance and durability to the masonry foundation of site-built dwellings and which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.

   E.   Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.

   F.   Shall obtain a building permit from the City Building Department to ensure that the manufactured home is placed on site to HUD standards set forth in circular letter no. 2-83, dated April 8, 1983, published by the Boise Service Office of HUD, regulating perimeter foundation, the anchoring of the structure to its foundation and other building requirements.

   G.   Shall, in the Administrator's opinion, conform to the aesthetic and architectural style of the area.

   H.   A manufactured home shall be constructed in compliance with HUD Manufactured Home Construction and Safety Standards established under 42 USC section 5401 et seq 1 . Manufactured homes are regulated by the Federal Department of Housing and Urban Development (HUD), are legal for use only as a single-family dwelling and shall have permanent HUD plates attached to each section of the manufactured home specifying a year of construction and a serial number. (Ord. 655, 2018)

   A.   Color Palette Requirement: Each building in the Commercial- Business (CB) and Commercial-Gateway (CG) Zoning Districts, including each building's exterior trim, siding, stucco, accents, and nonmasonry features shall be earth tone colors consistent with the color palette and color palette requirements of this section:

      1.   Additional Color Palette Requirements:

         a.   Application: A no fee painting permit application shall be filled out and be submitted by the property owner/applicant to the Community Development Department, and such permit shall be approved by the Community Development Director or designee prior to the painting of any applicable building within the City or within its area of impact. A building permit for painting is not required.

         b.   Number Of Colors: In painting an applicable building, at least two (2) and up to three (3) of the approved palette colors shall be utilized.

         c.   Shading Variations: Minor shading variations to the color palette shall be approved by the Community Development Director or designee and may be substituted as color palette colors. These substitutions shall be identified and shown on the color palette variation form which shall be submitted to and be approved by the Community Development Director or designee prior to variation paint application.

         d.   Similar Colors: Equivalent colors matching those named and numbered on the color palette may be utilized.

         e.   Masonry: Masonry building materials (defined as brick, stone and/or block) used or installed upon exteriors of applicable buildings in the City or within its area of impact, shall be limited in color to their natural, unpainted color.

         f.   Allowable Time For Compliance: Any building made nonconforming with regard to the color palette requirements at the time of adoption of this section may remain nonconforming until such time the building is repainted, at which time it shall be brought into conformance. The provisions of section 17.03.030 of this title shall not apply to buildings which do not conform to the color palette requirements of this section. Future buildings shall comply with the color palette requirements during initial construction in order to receive certificate of occupancy upon completion of the building.

         g.   Appeal Of Color Palette Determinations: A decision regarding colors of the color palette may be appealed to the Planning and Zoning Commission, which may either uphold, overturn, or remand the decision back to the Community Development Director or designee to make a final determination. The commission's determination is the final determination.

         h.   Enforcement: Upon completion of painting of a building to comply with color palette requirements, the owner/applicant must notify the Community Development Department of such completion by filling out the color palette compliance letter and attaching pictures of the completed painted building, and either mail, fax, or e-mail the letter and photos to the Community Development Director or designee so completion can be certified.

      2.   Color Palette: Color palette is attached to the ordinance codified herein. (Ord. 602, 2013)

   A.   Regulations: Open and closed fences are permitted accessory uses in all districts and shall be regulated by the city of Kimberly planning and zoning coordinator or other appropriate zoning official. The following regulations shall govern the type, location, and construction of all fences within incorporated city limits and not the impact area. A fence permit is required for the renovation of twenty five feet (25') or more, or new construction/installation of a fence. No cost applications for a fence permit are available at city hall.

      1.   Electric And Barbed Wire Fences: Electric and barbed wire fences are prohibited in all zoning districts except as provided in this section.

      2.   Barbed Wire In School, Commercial And Industrial Districts (S, CG, CB And LI), And Wireless Communication Facilities: Barbed wire may be permitted in commercial, industrial, and school districts (CG, CB, LI and S), and wireless communication facilities only when used as the top section for security fences and shall be minimum of seventy two inches (72") or six feet (6') above grade to the bottom wire.

      3.   Barbed Wire In Agricultural Districts (AR And AG): Barbed wire fences may be permitted in agricultural districts (AR and AG) only upon application and approval of a special use permit pursuant to subsection 17.13.020B of this title. Applications for a fence permit and a special use permit shall be submitted for review and approval or denial prior to fence installation.

      4.   Electric Fences: Electric fences are prohibited in all districts except AG by special use permit application reviewed and approved by the planning and zoning commission pursuant to subsection 17.13.020B of this title. In addition to the requirements of subsection 17.13.020B of this title, the fence must be placed thirty six inches (36") or three feet (3') inside of an existing approved fence, well marked and posted in plain view "Danger Electric Fence in Use" and proof of property ownership and proof of insurance or permission from owner if leasing/renting and proof of insurance.

      5.   Access To Utility Meters, Utility Boxes And Fire Hydrants: Any existing fence or fence to be constructed which restricts access to any utility meter shall provide a way of access through the fence by hand gate. In addition, no fence shall be constructed within thirty six inches (36") or three feet (3') of utility meters and boxes, and seventy two inches (72") or six feet (6') of a fire hydrant or other emergency apparatus to ensure emergency access.

      6.   Open Fences: Open fences up to seventy two inches (72") or six feet (6') in height may be built to the property line in commercial and industrial (CB, CG and LI) districts. Privacy slats are permitted upon approval by the city of Kimberly planning and zoning coordinator or other appropriate zoning official.

      7.   Architectural Landscape Walls, Latticework, And Screens: For the purposes of this chapter, architectural landscape walls, latticework and screens shall be considered to be closed fences and shall be built and maintained in compliance with the provisions of this chapter.

      8.   Use Of Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited in all zones.

      9.   Maintenance: Maintenance of fences shall be the responsibility and at the expense of the property owner. Fences shall be maintained in an aesthetically pleasing condition and the affected area of any damaged or dilapidated fences shall be repaired or cleaned up within thirty (30) days of occurrence or thirty (30) days of a written notice given by city officials to repair or clean up said fence.

      10.   Clear Vision Triangle: Notwithstanding with any provision of this section, no fence shall exceed thirty six inches (36") or three feet (3') in height within the clear vision triangle.

   B.   Residential District Requirements: Fences may be erected in all residential districts (R1, R2, R3, RP and MH) subject to the following:

      1.   Closed fences to a height of thirty six inches (36") or three feet (3'), or open fences to a height of forty eight inches (48") or four feet (4') may be built from the front of the dwelling unit to the side property line, parallel to the side property line, to the front property line adhering to any easement requirements. Fences to a height of seventy two inches (72") or six feet (6') may be built from the front of the dwelling unit to the side property line, parallel to the side property line, to the rear property line adhering to any easement requirements;

      2.   Any fence, architectural landscape wall, or planting on or within the clear vision triangle shall be limited to thirty six inches (36") or three feet (3') in height measured from the crown of the street;

      3.   Closed fences to a height of thirty six inches (36") or three feet (3') or open fences to a height of forty eight inches (48") or four feet (4') may be built from the front of the dwelling unit to the front property line, parallel to the front property line, to the side property line adhering to any easement requirements. Fences to a height of seventy two inches (72") or six feet (6') may be built from the front of the dwelling unit to the rear property line, parallel to the rear property line, to the side property line adhering to any easement requirements;

      4.   Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications, and drawings of said fence, while adhering to the regulations and requirements of this chapter.

   C.   Provisions For Public Right Of Way: The policy for the permission to and the conditions and restrictions imposed by the permission to construct and erect fences within the public right of way are hereby established as follows:

      1.   Sidewalk Or Walkway: Where a sidewalk exists, an applicant may construct a fence adjacent to the sidewalk on the dwelling side, leaving at least eighteen inches (18") between the fence and sidewalk as an easement for maintenance of the sidewalk. When a sidewalk does not exist, the applicant must maintain legal property line placement.

      2.   Design: The design of the fence erected within the public right of way shall receive prior approval by the city of Kimberly planning and zoning coordinator or other appropriate zoning official and must be built in compliance with such prior approval and in accordance with plans and specifications submitted.

      3.   Height: Open fences erected within the public right of way may be built to a height of forty eight inches (48") or four feet (4') and closed fences may be built to a height of thirty six inches (36") or three feet (3') in the front setback area or seventy two inches (72") or six feet (6') in height from front of residential structure to back property line and shall otherwise comply with this title.

      4.   Construction And Safety: Regardless of the type of material used, fences shall be built of materials ensuring structural stability and safety.

      5.   Removal Required: Fences and all appurtenant structures or footings constructed on public rights of way shall be removed at the expense of the property owner within thirty (30) days after notification by the city designated representative. Any fence located in or on an easement shall provide a way of access through the fence, whether by hand gate or by removal or dismantling of fence, depending upon the type of access required, and shall be at the expense of the property owner.

      6.   Work Between Fence And Curb Or Street: All work (i.e., grading, seeding, or paving between the proposed fence to be erected on public right of way and curb or street travelway) shall be at the expense of the property owner and in accordance with the requirements and specifications of the city.

      7.   Fence Permits Required: If the city of Kimberly planning and zoning coordinator or other appropriate zoning official approves the application, the applicant must obtain a fence permit from the city as applicable before commencing the construction or erection of said fence; there is no cost associated with the fence permit.

   D.   Height Restrictions:

      1.   In all cases where a fence greater than seventy-two inches (72") or six feet (6') is proposed within any district, the owner/applicant submitting the fence permit shall also submit an application for a building, permit prior to fence construction or applicable height modification to the fence.

(Ord. 621, 2015; Ord. 682, 2023)