Any numerical standard contained in this chapter shall be deemed met when within one (1) percent of the numerical standard; however, this provision shall not be applied in conjunction with the rounding of fractions specified in section 37-123.1 of this Code.

(Ord. No. 4676, § 25, 11-28-16)

In calculating the allowable number of dwelling units on a lot based on lot area, and in calculating the required number of parking spaces based on land use, any fraction of a dwelling unit or parking space that is sixty-six-one-hundredths (0.66) or less shall be rounded down to the next whole number, and any fraction of a dwelling unit in excess of sixty-six-one-hundredths (0.66) shall be rounded up to the next whole number.

(Ord. No. 4676, § 25, 11-28-16)

Every lot shall abut an improved public street right-of-way, other than an alley, to an improvement standard accepted by the city engineer, for at least the width of:

(1)

The minimum allowed width of a lot in the zoning district; or

(2)

The minimum allowed width for access provided for in standards for flag lots, section 37-124 of this Code; or

(3)

If the lot is in a zoning district that has no minimum lot width and is not a flag lot, then twenty (20) feet; or

(4)

In the case of a private street approved by the city council through a subdivision plat, each lot shall hold a recorded access easement and maintenance agreement for that lot's share of access and maintenance of the street. Alternately, access and maintenance may be shared by each lot in the subdivision through homeowner association ownership of the street.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4498, § 1, 1-7-08; Ord. No. 4676, § 26, 11-28-16)

(a)

Purpose: Flag lots are intended to allow limited development of deep interior lots that may otherwise be underused. They shall be permitted only when the shape of the parcel being developed precludes the use of private or public streets.

(b)

No turns or corners shall be allowed in the flagpole connecting the flag lot to the public right-of-way.

(c)

No more than one flag lot may be created unless the property is being subdivided by use of the preliminary and final plat process as identified in Chapter 32 of this Code.

(d)

Minimum width requirements and construction standards for flagpoles shall be:

(1)

Where a single flagpole is created that does not abut any other flagpole:

a.

The minimum flagpole width for each flag lot shall be twenty (20) feet in width; and

b.

The flagpole shall be constructed as an approved fire department access road where the front lot line of a flag lot is in excess of one hundred fifty (150) feet from the edge of the public right-of-way. The flagpole may be constructed of gravel or similar durable surfacing if an approved fire department access road is not required.

(2)

Where two (2) flagpoles are created that abut each other:

a.

The minimum flagpole width for each flag lot shall be fifteen (15) feet;

b.

A shared driveway a minimum twenty (20) feet in width shall be designed and constructed to specifications of the approved driveway design of the Lewiston Engineering Standard Drawings as directed by the city engineer; and

c.

A single shared access to the public right-of-way shall be constructed as provided in Lewiston Engineering Standard Drawings, or as directed by the city engineer.

(3)

Where more than two (2) flagpoles are created that abut each other:

a.

The minimum flagpole width for each flag lot shall be ten (10) feet;

b.

A shared driveway a minimum twenty (20) feet in width shall be designed and constructed to specifications of the approved driveway design of the Lewiston Engineering Standard Drawings as directed by the city engineer;

c.

A single shared access to the public right-of-way shall be constructed as provided in Lewiston Engineering Standard Drawings as directed by the city engineer.

(4)

Where shared driveways are required or provided, mutual maintenance agreements and nonexclusive access easements shall be submitted for review at the time of submittal of a final plat creating more than one (1) flag lot, and incorporated into deeds for each lot.

(5)

Approved fire department access roads may be shared by abutting properties using a shared driveway.

(6)

No more than three (3) flagpoles shall be abutting; where shared driveways are required or provided, in a single subdivision.

(7)

No more than six (6) dwelling units may be accessed by a shared driveway providing access over abutting flagpoles in a single subdivision.

(e)

The minimum area, width, and depth for a flag lot shall be:

(1)

Ten thousand (10,000) square feet, unless a greater area is required by the zone, and fully contained within the flag lot and shall not include any portion of the flagpole connecting the flag lot to the public right-of-way; or

(2)

The minimum lot size allowed in the zone and fully contained within the flag lot and not included in any portion of the flagpole where an approved fire department access road is shared by abutting properties.

(3)

Minimum lot width shall be eighty (80) feet.

(4)

Minimum lot depth shall be eighty (80) feet.

(f)

Lot line, front, shall be determined by the owner at the time of application for building permits for the primary residential structure.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4486, § 2, 9-24-07; Ord. No. 4531, § 12, 7-13-09; Ord. No. 4857, § 1, 10-24-22)

Where multifamily dwellings are allowed as a use permitted outright or as a conditional use, the following standards shall apply:

(1)

Parking must be paved and meet all requirements of article VII, off-street parking and loading.

(2)

Where more than one (1) detached single-family dwelling exists on one (1) lot, the minimum required lot area shall be the minimum required by the zoning district multiplied by the number of detached single-family dwellings.

(Ord. No. 4499, § 3, 1-28-08; Ord. No. 4676, § 27, 11-28-16)

Where homeless shelters, bridge housing shelters, or transitional housing villages are allowed as a use permitted outright or as a conditional use, the following minimum standards shall apply in addition to the provisions of chapter 42 of this Code.

(1)

Location shall be within one-quarter (0.25) mile of a public transportation route, as measured along the shortest route on the city street system, between the public transportation route and the closest point of the subject property;

(2)

Parking shall be provided as set forth in article VII of this chapter;

(3)

Notwithstanding section 37-153 of this Code, a six-foot tall minimum sight obscuring fence or equivalent landscape screening shall be provided along all neighboring property lines, excluding a street or alley right-of-way;

(4)

Fixed night lighting sufficient to provide illumination and clear visibility of all outdoor areas during the hours between thirty (30) minutes after sunset and thirty (30) minutes before sunrise shall be provided in a manner that does not glare or trespass onto adjoining property;

(5)

Indoor client intake waiting area shall be provided; and

(6)

Access into a homeless shelter, or bridge housing shelter shall be controlled through a single point of entry for each building.

(Ord. No. 4689, § 10, 4-24-17; Ord. No. 4838, § 6, 12-13-21; Ord. No. 4841, § 18, 11-14-22)

Editor's note— Ord. No. 4753, § 16, adopted December 14, 2019, repealed § 37-126, pertaining to sales from mobile carts, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Editor's note— Ord. No. 4753, § 17, adopted December 14, 2019, repealed § 37-126.1, pertaining to temporary vendors and standards for issuance of conditional use permits, which derived from Ord. No. 4346, § 2, adopted November 17, 2003.

Editor's note— Ord. No. 4692, § 15, adopted October 30, 2017, repealed § 37-127, relating to seasonal sale of Christmas trees, derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Commercial coaches may be used as business offices in manufacturing and port zones subject to the following conditions:

(1)

The manufactured unit shall not be used as a residence;

(2)

The manufactured home shall be skirted in accordance with section 23-13 of this Code; skirting shall be kept in reasonable repair;

(3)

The manufactured unit shall be placed at least twenty (20) feet from all property lines;

(4)

Parking lots and travelways serving the unit shall be in accordance with provisions of article VII of this chapter.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4841, § 19, 11-14-22)

Manufactured homes may be allowed as temporary offices at construction sites in the City of Lewiston upon approval by the community development director provided all of the following provisions are met:

(1)

The manufactured unit shall not be used as a residence;

(2)

The manufactured unit shall be a commercial coach as defined by the State of Idaho and bear the appropriate insignia of the approval of the Department of Labor and Industrial Services;

(3)

The manufactured unit shall be skirted in accordance with section 23-13 of this Code if the use is intended to last more than six (6) months and shall be kept in a reasonable state of repair;

(4)

The manufactured unit shall be placed at least twenty (20) feet from all property lines;

(5)

Parking lots and all travelways serving the temporary office shall be graveled and a dust palliative applied by June 1 of each year. Such dust palliative shall be reapplied as necessary to reduce dust generation. Parking lots and driveways shall be kept graded for proper drainage, and shall not have more than one (1) entrance or exit to a public right-of-way unless approved in writing by the city engineer. No entrance shall exceed twenty (20) feet in width without the written approval of the city engineer;

(6)

The manufactured unit may remain on the site for the duration of the construction for which the permit is issued. The unit must be removed prior to the issuance of a permit for occupancy;

(7)

The use of semi-truck trailers and similar mobile units may be used for the purposes of tool and equipment storage. Such units must be placed at least twenty (20) feet from any property line and may be in place for the duration of the construction for which the permit was issued. Such units may not be used for construction offices or living quarters. Such units must be removed from the site prior to the issuance of a permit for occupancy of the project for which the building permit was issued;

(8)

Other conditions that may reasonably be established by the community development director in order to maintain the character of the surrounding neighborhood area.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4841, § 20, 11-14-22)

Editor's note— Ord. No. 4921, adopted March 24, 2025, deleted § 37-129, which pertained to the use of prefabricated containerized transport units as accessory buildings or storage units, and derived from Ord. No. 4108, adopted August 15, 1994.

(a)

The outside parking of unoccupied recreational vehicles are permitted on property with an established residential use, regardless of zone. Said parking shall be within the side, rear, or front yard and shall not extend into the public right-of-way nor obstruct the clear vision area. An unoccupied recreational vehicle shall not be used for living quarters or business while parked or stored.

(b)

Reserved.

(c)

A recreational vehicle may be used as temporary accommodation to allow the owner to construct a permanent residence or remodel an existing residence on the lot. The use of the recreational vehicle shall be authorized with the written approval of the community development department upon receipt of an approved site plan and construction schedule and such use shall not exceed one (1) year in duration, unless authorized by the department. The unit shall comply with all yard setbacks appropriate to the zone in which it is to be placed. The unit shall not be parked on nor in any way obstruct any public right-of-way. The unit may be placed on the site only upon receipt of a valid building permit and must be removed from occupancy within seven (7) days of the receipt of a certificate of occupancy. No person other than the owner of the property shall occupy the temporary unit and the unit shall not be used as a temporary rental unit by the property owner.

(d)

The use of one (1) recreational vehicle as temporary accommodation for guests may be allowed on property with an established residential use, regardless of zone. The unit shall not be parked on nor in any way obstruct any public right-of-way, shall be located a minimum of five (5) feet from any other structure and no stay shall exceed fourteen (14) days at any one time or forty-five (45) days in any calendar year. The unit shall not be skirted and the discharge of any gray water or sewage onto the ground is prohibited.

(e)

The use of one (1) recreational vehicle as temporary accommodation for a period greater than allowed in subsection (d) of this section may be allowed at the discretion of the community development director for the purposes of a medical hardship. The hardship shall be a result of an illness or medical emergency, with proof of said hardship submitted to the community development director. The director shall approve the hardship for a period not to exceed one (1) year. The standards for placement of the recreational vehicle shall be the same as described in subsection (d) of this section.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4172, § 1, 11-18-96; Ord. No. 4198, § 1, 6-2-97; Ord. No. 4473, § 2, 7-9-07)

At the time of new construction or major remodel as defined in section 32-2 of this Code, or at the time of installation of exterior lighting, such lighting shall be screened, shielded, designed, placed, and/or located so as not to cause nuisance glare or trespass onto neighboring properties.

(Ord. No. 4434, § 1, 2-13-06; Ord. No. 4531, § 13, 7-13-09)

Purpose and applicability. To establish standards for accessory buildings. These provisions shall not apply to garden or gateway features, such as trellises, pergolas, arbors, or other features, which are erected for no purpose other than decoration or to make a visual statement and that do so using posts, poles, columns, lattice, fencing, or shade cloth, and do not include a bona fide roof and walls. These provisions shall apply to all accessory buildings, including shipping containers, sea cargo, and dry freight containers used as buildings, unless otherwise specified herein, by the underlying zoning district, or otherwise by a conditional use permit. These provisions shall not apply to buildings accessory to a commercial use or other nonresidential use, unless located in a residential zoning district. These provisions shall not apply to buildings exempt from building permits, such as agricultural buildings, and that are documented as such, except that such buildings shall meet the required minimum front and street side yard setbacks of the applicable zoning district and shall maintain five-foot minimum side and rear yard setbacks.

(1)

Regardless of zone and in accordance with the standards set forth in this section, accessory buildings are permitted on any lot:

a.

With an established permitted use; or

b.

For which a building permit has been issued and such building is under construction.

(2)

An accessory building shall not contain a dwelling unit or business, unless otherwise explicitly permitted by the particular zoning district or as a permitted home occupation. If any portion of an accessory building is converted into a dwelling unit or business, said conversion shall be considered a change of use, subject to the applicable requirements of the zoning, building, fire and other codes administered by the city.

(3)

Accessory buildings that are attached to the primary building or that otherwise do not comply with the definition of detached building, as set forth in section 37-3 of this Code, shall comply with the minimum setbacks and minimum building height required for the primary building according to the applicable zoning district.

(4)

Standards for the placement of buildings detached from and accessory to a single-family or two-family dwelling upon a lot are as follows:

a.

The footprint shall not exceed one hundred twenty (120) percent of the footprint of the dwelling, including any attached garage, carport, and patio cover; or seventy (70) percent of the habitable floor area of the dwelling; or one thousand two hundred (1,200) square feet, whichever is greater, but in no case shall exceed two thousand four hundred (2,400) square feet.

b.

Such buildings shall comply, in combination with all the buildings on the lot, with the maximum allowable lot coverage of the applicable zoning district.

c.

Those that do not exceed one hundred twenty (120) square feet may be located in the front, side, or rear yard with a minimum setback of three (3) feet from any side or rear lot line. The front yard and street side yard setbacks shall be required by the zoning district.

d.

Those that are greater than one hundred twenty (120) square feet and less than one thousand one (1,001) square feet may be located in the front, side, or rear yard. The front yard and street side yard setbacks shall be those required by the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet. However, the required five-foot minimum side and rear yard setbacks shall increase by a ratio of one (1) foot to one (1) foot, or fraction thereof, when the building height exceeds sixteen (16) feet.

e.

Those that are greater than one thousand (1,000) square feet and less than two thousand one (2,001) square feet shall be located only in the side or rear yards. No such building shall be located closer to the street than the street-facing wall of the dwelling, unless it is on a flag lot or on the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet or five (5) feet increased by a ratio of one (1) foot to one (1) foot, or fraction thereof, for any building height in excess of sixteen (16) feet; however, if the roof line of the building facing the property line exceeds thirty-two (32) feet in length, then the minimum setback from that property line shall be ten (10) feet, regardless of the building height.

f.

Those that are greater than two thousand (2,000) square feet shall be located in the rear yard only. No such building shall be located closer to a street than the rear wall of the dwelling, unless it is on a flag lot or the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be twenty (20) feet.

g.

An accessory building shall not contain a second story floor level, unless constructed to comply with main building setbacks and except for an accessory apartment above a garage in the Normal Hill North or Normal Hill South zoning district and subject to the standards thereof. Mezzanines open to the floor below and not exceeding thirty-three (33) percent of the floor area below shall not count as a second story floor level.

h.

If on a through lot, an accessory building shall conform to the front yard setback required for the dwelling on both street rights-of-way.

(5)

Standards for the placement of buildings detached from and accessory to a use other than a single-family or two-family dwelling shall be the same as required for the primary use building, according to the underlying zoning district.

(Ord. No. 4197, § 2, 4-21-97; Ord. No. 4321, § 1, 12-9-02; Ord. No. 4525, § 3, 1-26-09; Ord. No. 4531, § 13, 7-13-09; Ord. No. 4672, § 2, 12-13-16; Ord. No. 4921, § 2, 3-24-25)

Editor's note— Ord. No. 4197, § 1, adopted April 21, 1997, repealed § 37-131, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Swimming pools may be located in the front, side, or rear yard with a minimum setback of five (5) feet from all property lines.

(Ord. No. 4672, § 3, 12-13-16)

Only one (1) accessory apartment, detached or attached to a single-family dwelling, may be constructed on any residential lot that is at least five thousand (5,000) square feet and has only one (1) lawful single-family dwelling located on such lot, subject to the following requirements, except as otherwise provided for in the Normal Hill North and Normal Hill South Zoning Districts:

(1)

An accessory apartment shall not exceed six hundred (600) square feet or thirty (30) percent of the habitable floor area of the associated single-family dwelling, whichever is greater; provided, however, that an accessory apartment shall never exceed nine hundred (900) square feet;

(2)

An accessory apartment shall not contain more than two (2) bedrooms;

(3)

At least one (1) off-street parking space shall be provided for an accessory apartment;

(4)

An accessory apartment shall meet the minimum required front, interior side, and street side setbacks for the associated single-family dwelling;

(5)

A detached accessory apartment shall not be located in front of or project beyond the front wall of the associated single-family dwelling;

(6)

An accessory apartment shall maintain a minimum of ten (10) feet from the rear property line, or three (3) feet if abutting a rear alley;

(7)

An accessory apartment shall not exceed eighteen (18) feet in height if such accessory apartment is a single story or twenty-eight (28) feet in height if such accessory apartment is a two-story; and

(8)

An accessory apartment shall be owned by the same person who owns the single-family dwelling to which such accessory apartment is attached to or detached from.

(Ord. No. 4755, § 5, 9-9-19)

(a)

Ravines/drainageways, category A. Open drainage channels defined as category A drainages within section 37-3 of this Code may be altered, relocated, or improved and shall maintain the estimated flow of storm water throughout the channel. Improvements may include the use of pipes, culverts, or concrete lining. Relocation or improvement of a category A drainage shall be reviewed by the city engineer, and may not commence without the engineer's approval.

(b)

Ravines/drainageways, category B. Open drainage channels defined as category B drainages within section 37-3 of this Code shall not be altered, improved, or relocated without approval of the Lewiston Planning and Zoning Commission. Alteration, modification, relocation, or construction within category B drainage channels shall require a conditional use permit.

(Ord. No. 4344, § 2, 11-17-03)