The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 18-01, 1-16-2018)

Any single lot or parcel of land, which was under a separate ownership from adjacent lots and of record on August 1, 1995, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized for a single family dwelling, accessory buildings and uses, a private garage and agriculture related buildings if all other requirements of this title are met. (Ord. 18-01, 1-16-2018)

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 18-01, 1-16-2018)

Every dwelling shall be located and maintained on a "lot", as defined in section 10-7-4 of this title. (Ord. 18-01, 1-16-2018)

In any lot under a separate ownership from adjacent lots and of record on August 1, 1995, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided, that on interior lots, the smaller of the two (2) yards shall be in no case less than five feet (5'), or the larger less than eight feet (8'), and for corner lots the side yard on the side street shall be in no case less than fifteen feet (15') or the other side yard be less than five feet (5'). (Ord. 18-01, 1-16-2018)

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this title, has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard, and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15'). (Ord. 18-01, 1-16-2018)

Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, roof overhang, chimneys, flues and other ornamental features which project into a yard not more than four feet (4') and open or lattice enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard, not more than five feet (5'). (Ord. 18-01, 1-16-2018)

   A.   Height: No fence or wall or other similar structure shall be erected in any required front, rear or side yard to a height in excess of six feet (6'), except for accessory buildings and structures permitted herein, and as allowed by a conditional use permit. Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty two inches (42") in height.

   B.   Retaining Walls: Where a retaining wall protects a cut below the natural grade and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; providing, that in any event a protective fence or wall not more than forty two inches (42") in height may be erected at the top of the retaining wall. (Ord. 18-01, 1-16-2018)

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. (Ord. 18-01, 1-16-2018)

No dwelling shall be erected to a height less than one story above grade. (Ord. 18-01, 1-16-2018)

In all zones which require a front yard, no obstruction to view in excess of two feet (2') in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points one hundred feet (100') from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pumps at gasoline service stations. (Ord. 18-01, 1-16-2018)

A restricted lot which meets all the requirements of this title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, yard, frontage or other requirements, may be considered otherwise by adding or designating sufficient acreage to the adjacent lot to meet all the requirements of this title for a lot in the zone in which it is located. The added or designated land must then be duly recorded in the Office of the County Recorder before a building permit may be issued. Building permits will not be issued on restricted lots. (Ord. 18-01, 1-16-2018)

   A.   Permitted Livestock: Table 10-9-13 of this subsection identifies the maximum number of livestock permitted in the Single Family Residential (R-1) Zone. Livestock is not permitted in the Commercial (C) or Manufacturing (M-1) Zones. Restrictions identified in this section do not apply to livestock in the Agriculture (A) Zone.

      TABLE 10-9-13

      MAXIMUM NUMBER OF LIVESTOCK PERMITTED

 

 

   Note:

   1.    Any combination of horses, cows, sheep, or goats.

   B.   Prohibited: The keeping of the following is prohibited in the R-1 Zone: swine, peacocks, stallions, bulls over six (6) months old, roosters, rodents, snakes, or other animals considered vicious or dangerous as restricted by the City's animal control ordinance found in title 5, chapter 1 of this Code.

   C.   Open Space: For large livestock (i.e., horses, cows, sheep, or goats) a minimum of twenty five percent (25%) of the lot acreage must be provided as accessible open space for said livestock.

   D.   Offspring: Offspring of allowed livestock shall not be considered for purposes of compliance until they are weaned from the mother.

   E.   Application And Approval Required:

      1.   In the Single Family Residential (R-1) Zone, an "Application to Keep Livestock" is required for any requests to keep livestock on a parcel that conforms to the requirements of this Code, or to maintain livestock as an authorized pre-existing, nonconforming use.

      2.   An Application to Keep Livestock must be reviewed by the City of Lewiston Zoning Administrator and if approved, authorizes the applicant to keep livestock until January 31 of the following calendar year. At their discretion, the Administrator may refer any Application to Keep Livestock to the Planning Commission or City Council.

      3.   Each approved application must be renewed on an annual basis, and must be signed by the property owner and tenant as applicable, and filed with the City Zoning Administrator on or before December 31 of each year.

      4.   The required fee, as set by the City Council, must be paid at the time of application and on an annual basis for each renewal.

      5.   The property owner and tenant, as applicable, must demonstrate ownership of, or leasehold interest in, the property to be used for the keeping of livestock.

      6.   Lots authorized by the City as pre-existing, non-conforming uses are subject to the regulations herein defined if an approved Application to Keep Livestock is not obtained and continuously maintained for any such lot.

   F.   Provision And Inspection Of Livestock Facilities:

      1.   The property owner and tenant, as applicable, must provide adequate fencing so as to fence in any livestock, must provide adequate facilities for the keeping of the livestock involved, e.g., a shed, corral, barn, and must adequately maintain all facilities in a clean, acceptable condition.

      2.   Any feed stored on a lot approved for livestock must be located behind or to the rear of the residence located on said lot.

      3.   All approved requests are subject to periodic review by City officials and shall be reviewed in the event of complaints by neighbors, other City residents, or injured parties.

   G.   Failure To Comply:

      1.   In the event the use fails to comply with this Code or with the conditions specified in the conditional use permit, or a combination thereof, the offending lot owner and tenant, as applicable, shall have fifteen (15) days from the date of a written notice from the City to remedy the violation.

      2.   Failure to remedy the violation as specified by this section and by the City issued written notice shall result in a three (3) year suspension from issuance of an Application to Keep Livestock to the non-compliant property owner and tenant, as applicable, starting from the date of the written notice.

      3.   The annual renewal for approved requests shall not be issued if the requirements of this section, including but not limited to the proper care and maintenance of the livestock and livestock facilities, have not been met.

      4.   The owner(s) of any lot reduced in size, by sale, lease or otherwise, to less than the lot size required by this section, and the lot size designated in an approved conditional use permit, or Application to Keep Livestock, must notify the City and then must reapply to amend the conditional use permit and Application to Keep Livestock with the City, within thirty (30) days after such a reduction in lot size, and shall reduce the number of animals kept on the reduced size lot to the number allowed by this Code, based on the new application request.

      5.   If after thirty (30) days the property owner fails to notify and reapply as noted, the conditional use permit and Application to Keep Livestock shall be void and all animals shall be removed immediately from the applicable property.

      6.   The owner(s) of any lot increased in size, by sale, lease or otherwise, to more than the lot size required by this section and the lot size designated in an approved application, must amend the existing conditional use permit and Application to Keep Livestock with the City. At that time, the owner may increase the number of animals kept on the increased size lot to the number allowed by this section.

      7.   The keeping of livestock is subject to the express condition that the use does not constitute a violation of the nuisance and health laws of the City or State of Utah. (Ord. 18-01, 1-16-2018)

The following table 10-9-14 identifies the site development standards that apply to all zoning districts. These are minimum standards and not entitlements. Other regulations of the land use ordinance, the subdivision ordinance, other applicable City ordinances and policies, requirements imposed as conditions of permitting, or requirements from other local, State, and Federal agencies may impose additional development standards.

   TABLE 10-9-14

 

 

 

Notes:

   1.    If a dedicated right-of-way is not present, the front setback(s) shall be measured as 70 feet from the centerline of the existing adjacent road(s).

   2.    A minimum 5-foot wide side and/or rear yard setback is permitted if the proposed accessory structure is a minimum of 10 feet behind the primary structure. A minimum 10-foot wide rear yard setback is required on corner lots that back to the side yard of another lot.

   3.    A minimum of 40 feet is required between proposed structures for housing livestock and existing adjacent property dwellings.

   4.    10 feet if it abuts the R-1 Zone.

   5.    10 feet if it abuts the R-1 Zone, and 20 feet when adjacent to a street.

   6.    For any parcel in the M-1 Zone that abuts or is across the street or alley from an adjoining zone, the site development standards of the adjoining zone shall apply to the M-1 parcel.

   7.    The allowable frontage for a buildable lot may be reduced to no less than 180 feet in accordance with the provisions of Lewiston City Code § 10-9-15.

   8.    120 feet for multiple family dwellings.

   9.    A minimum lot size of one acre is allowed in accordance with the provisions of Lewiston City Code § 10-9-15. A minimum lot size of 3/4 acre is allowed if part parcel is part of a cluster subdivision as defined by title 11, “Subdivision Regulations”, of this Code.

   10.    Existing developments may expand only to the extent of the coverage limits. If existing developments currently exceed the coverage limits, expansion shall not occur.

(Ord. 18-01, 1-16-2018)

   A.   The planning commission may allow a one acre minimum lot size in the Agricultural Zone as part of an approved conditional use permit for a single-family dwelling, temporary dwelling, or mobile home, trailer, or camper if the following conditions are met:

      1.   The allowed dwelling, mobile home, trailer, or camper shall be maintained on a separately described lot with a minimum area of one acre (43,560 square feet), which shall be, or originally have been, part of a larger parcel of real property of not less than ten (10) acres.

      2.   All other requirements of this title and this article, as well as the state and county boards of health, are complied with.

      3.   Each separately described lot shall have frontage on an existing class C public road with access to an adequate water line, with the adequacy of any water line to be determined by the planning commission, with the approval of the public works director.

   B.   For purposes of the separately described lot referred to in and allowed by this conditional use, the Planning Commission may allow a minimum lot frontage of not less than one hundred eighty feet (180'), in order that a more proportional lot may be created under the terms and provisions of this conditional use. In approving a lot frontage of less than two hundred fifty feet (250'), but not less than one hundred eighty feet (180'), for a lot created by reason of the conditional use to which this paragraph relates, the planning commission shall require that any adjacent lot, or real property adjacent to a lot which is created with less than a minimum of two hundred fifty feet (250') of frontage, not be allowed to be located or developed such that there is less than two hundred fifty feet (250') of frontage within which each home and/or any outbuildings are located and constructed. In the event the planning commission allows for a lot, pursuant to this conditional use, to have less than the otherwise required two hundred fifty feet (250') of frontage, then the owner of the remaining property that would otherwise constitute the additional seventy feet (70') or less necessary for the total of two hundred fifty feet (250') of frontage required, must agree that no other homes or outbuildings will be allowed nor built within the frontage, that would otherwise have been a part of the two hundred fifty foot (250') minimum required frontage. The agricultural land parcel declaration of covenants, conditions and restrictions required as part of the granting of this conditional use shall be drafted to include the legal description for the entire ten (10) acres, together with the separately described one acre lot herein allowed, and to provide that no other separately described one acre parcel or any portion thereof shall be allowed or located within the designated two hundred fifty feet (250') of frontage that would otherwise have been required for each lot. The difference between the otherwise required two hundred fifty feet (250') of frontage and the allowed frontage of one hundred eighty feet (180') to two hundred fifty feet (250') shall be subject to the herein required agricultural land parcel declaration.

   C.   The entire original parcel of not less than ten (10) acres, which includes the separately described parcel referred to above, shall be subject to an agricultural land parcel declaration of covenants, conditions and restrictions, which shall be executed by the owner(s) of said parcel(s) and recorded, together with a copy of the conditional use permit, with the Cache County recorder. The forms for both documents shall be provided by the city.

   D.   No more than one single-family dwelling per ten (10) acres shall be allowed. (Ord. 20-05, 11-17-2020)