Midway City Zoning Code

The purpose of the preservation zone (P-160) is to establish areas in Midway where development may be limited due to the remoteness of services, topography and other sensitive environmental issues. Furthermore, the specific intent in establishing the preservation zone (P-160) is for the following purposes:

1. Protect the present and future water supply of Midway and surrounding areas;
2. Protect natural features and sensitive environmental areas;
3. Protect forestry land;
4. Prevent excessive soil erosion and water pollution;
5. Preserve and protect recreational opportunities;
6. Cooperate and support State Park projects that allow the public to use and enjoy existing and future State Park recreational and support facilities.

1. Agriculture.
2. One-family dwellings and related accessory buildings and uses. Accessory uses and buildings include garages, personal greenhouses less than one thousand (1,000) square feet, swimming pools and incidental bathhouses, and carports.
3. Customary household pets, including but not limited to cats, dogs, and canaries. This does not include the breeding of dogs and cats or other pets for sale or other use. Notwithstanding the foregoing no more than three cats or three dogs are permitted at one time at any single-family residence, unless a Conditional Use Permit shall have first been obtained in conformance with the applicable animal control standards under this Code. A conditional use which allows more than three cats or dogs shall not be approved on any lot that is less than one acre in size.
4. The keeping of animals and fowl in numbers according to the following point system:
   1. Animals may total 50 points per 1/2 acre.
   2. Animals shall be worth the following points each:
      1. Chickens, pigeons, pheasants, and other similar birds; 2 points.
      2. Geese, ducks, peafowl, turkey and other similar birds; 10 points.
      3. Sheep, llamas, calves, foals, and other similar sized animals; 25 points.
      4. Horses, cattle, and other similar sized animals; 40 points.
      5. For the purpose of this point system, an animal and one offspring shall be considered to be one animal until six months after the birth of the offspring.
   3. The keeping of swine in any numbers shall not be allowed. Permission may be granted by the Zoning Administrator to raise swine for FFA, 4-H, and similar projects. Permission must be granted annually. The number of animals requested, and location of pens shall be made known to the Zoning Administrator in order to determine approval.
   4. The above requirements do not apply to commercial farming and dairy operations in existence at the time of the adoption of this Title.
5. Farm machinery and farm products maintenance and storage sheds.
6. Barns, corrals, pens, coops, and feed storage buildings for the keeping of animals and fowl and the storage of farm products, provided uses for the care and keeping of livestock and fowl are located at least 100 feet distance from any existing dwelling on a neighboring lot or parcel or 50 feet from side and rear property lines, whichever is greater, and 100 feet from the front property lines; also, small animal hospitals without outside runs.
7. Churches, not to include temporary revival tents or buildings.
8. Home Occupations.
9. Irrigation distribution channels
10. Water pressure control stations and pumping plants
11. Other water utilities or irrigation
12. Underground sewage pipeline right of way
13. Forestry activities and related services
14. State Park recreational and support facilities

1. Public utility facilities and buildings.
2. Cottage Industries.
3. Electric utilities
4. Gas pressure control stations
5. Water storage
6. Water storage covered
7. Underground pipeline right of way and pressure control stations

The minimum area for lot area or parcel size in the P-160 zone shall be one hundred sixty (160) acres per one-family dwelling.

The minimum width and frontage for a lot for a one-family dwelling shall be 320 feet.

1. Front Setback. All buildings and structures shall be set back at least 30 feet from the front lot line or projected street right-of-way.
2. Side Setbacks. All dwellings shall be set back from the side property line a distance of at least 14 feet, and the total distance of the 2 side setbacks shall be at least 30 feet. The minimum side setback for accessory buildings shall be the same as for main buildings, except that a 3-foot side setback shall be required for accessory buildings which are located more than100 feet from the front lot line and at least 12 feet to the rear of any dwelling. On corner lots, the side setback from any street shall not be less than 30 feet for both main and accessory buildings.
3. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least 30 feet. Accessory buildings on interior lots shall be set back not less than 10 feet from the rear property line, except that a 2-foot rear setback shall be permitted for accessory buildings meeting fire resistive requirements of the building code. For corner lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least 30 feet, except that for dwellings having an attached garage or carport, the setback shall not be less than 20 feet. Accessory buildings on corner lots shall be set back from the rear property line a distance of not less than 3 feet.

Before the issuance of a building permit for a dwelling or any other permitted or conditional use, a site plan must be submitted to the planning department showing the location of any existing conditions, structures, topography or any environmentally sensitive lands located on the lot.

The ground floor area of all dwellings shall be not less than 1,400 square feet.

See Chapter 16.13 Supplementary Requirements in Zones.

(2020-06, Chapter Added, eff. 3/19/20)