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Montpelier City Zoning Code

ZONING DISTRICTS

§ 153.020 ZONING DISTRICTS ESTABLISHED.

   (A)   Zoning districts designated.
      (1)   The following zoning districts are hereby established. For the interpretation of this chapter, the zoning districts have been formulated to realize the general purposes as set forth in this chapter. In addition, the specific purpose of each zoning district shall be as stated.
      (2)   Unless otherwise provided for in this chapter, no building or structure shall be built or materially altered, nor shall land be used, except in conformance with the zoning district in which it is located. These designations have been made to implement policies of the city comprehensive plan. The following names shall apply to zoning and overlay districts created by this chapter:
District Name
(Symbol)
District Name
(Symbol)
Agricultural District
(A)
Area and Service Business District
(C-2)
Central Business District
(CBD)
Heavy Manufacturing District
(M-2)
High Density Multi-Family Residential District
(R-20)
Light Manufacturing District
(M-1)
Limited Office District
(LO)
Low Density Residential District
(R-2)
Medium Density Residential District
(R-6)
Medium Density Residential District
(R-8)
Medium High Density Residential District
(R-12)
Medium Low Density Residential District
(R-4)
Neighborhood Business District
(C-1)
 
(Prior Code, § 17.16.010)
   (B)    Official zoning map.
      ( 1)   In order to separate land uses and comply with the comprehensive plan, the city is divided into zoning districts as shown on the official city zoning map, which is adopted as part of this subchapter.
      ( 2)   The zones shown on the zoning map shall correspond to the zones described in the text of this subchapter.
(Prior Code, § 17.16.020)
   (C)    Purposes and density requirements.
      ( 1)   Agricultural (A) District.
         (a)   The purpose of the A District is to allow continuation of agricultural areas for agricultural purposes.
         (b)   Gross residential density is as follows: One dwelling unit per two acres.
      (2)   Low Density Residential (R-2) District.
         (a)   The purpose of the R-2 District is to preserve areas for the promotion of a rural appearance.
         (b)   Gross residential density is as follows: Two dwelling units per one acre.
      (3)   Medium Low Density Residential (R-4) District.
         (a)   The purpose of the R-4 District is to allow increased density while maintaining a more rural appearance.
         (b)   Gross residential density is as follows: Four dwelling units per one acre.
      (4)   Medium Low Density Residential (R-6) District.
         (a)   The purpose of the R-6 District is to allow for a medium low density residential district with additional allowances for dwelling units.
         (b)   Gross residential density is as follows: Six dwelling units per one acre.
      (5)   Medium Density Residential (R-8) District.
         (a)   The purpose of the R-8 District is to permit the establishment of a higher density district.
         (b)   Gross residential density is as follows: Eight dwelling units per one acre.
      (6)   Medium High Density Residential (R-12) District.
         (a)   The purpose of the R-12 District is to encourage two-family and multi-family dwellings, but not to the exclusion of single-family dwellings.
         (b)   Gross residential density is as follows: 12 dwelling units per one acre.
      (7)   High Density Multi-Family Residential (R-20) District.
         (a)   The purpose of the R-20 District is to permit the establishment of high density multi-family dwellings. Direct access and egress to an arterial or collector thoroughfare is required.
         (b)   Gross residential density is as follows: 20 dwelling units per one acre.
      (8)   Limited Office (LO) District.
         (a)   1.   The purpose of the LO District is to permit the establishment of groupings of professional, medical, administrative, executive, accounting and similar uses.
            2.   The LO District is also designed to act as a buffer between other more intense nonresidential uses and high density residential uses.
         (b)   Limited Office District performance standards are as follows: Must have direct access and egress to an arterial or collector thoroughfare.
      (9)   Neighborhood Business (C-1) District.
         (a)   The purpose of the C-1 District is to permit the establishment of general business uses for neighborhood convenience.
         (b)   Neighborhood Business District performance standards are as follows: 30-foot buffers between C-1 and residential districts shall be required.
      (10)   Area and Service Business (C-2) District.
         (a)   The purpose of the C-2 District is to allow general business and civic uses that are larger space users and better suited to be located on arterial thoroughfares such as shopping centers.
         (b)   Area and Service Business District performance standards are as follows:
            1.   Thirty-foot buffers between C-2; and
            2.   Residential districts shall be required.
      (11)   Central Business (CBD) District.
         (a)   The purpose of the CBD District is to accommodate and encourage further expansion and renewal in the historical core business area of the community.
         (b)   Central Business District performance standards are as follows: 30-foot buffers between CBD and residential districts shall be required.
      (12)   Light Manufacturing (M-1) District.
         (a)   The purpose of the M-1 District is to encourage the development of manufacturing and wholesale business establishments and is designed to act as a transitional use between heavy manufacturing uses and other less intense business and residential uses.
         (b)   Light Manufacturing District performance standards are as follows.
               1.   Establishments shall be free of hazardous or objectionable elements such as noise, dust, odor, smoke or glare.
               2.   Establishments shall generate little industrial traffic.
      (13)   Heavy Manufacturing (M-2) District.
         (a)   The purpose of the M-2 District is to encourage the development of major manufacturing, processing and warehousing in areas distanced from residential districts.
         (b)   Heavy Manufacturing District performance standards are as follows.
               1.   Industrial permits shall be required.
               2.   Establishments shall have reasonable access to arterial thoroughfares and/or rail.
(Prior Code, § 17.16.030)
   (D)   Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply.
      (1)   Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary.
      (2)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
      (3)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.
      (4)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
(Prior Code, § 17.16.040)

§ 153.021 DISTRICT REGULATIONS AND MATRIX.

   (A)   Compliance with regulations including permit requirements. The regulations for each district set forth by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
      (1)   Building permits shall be required for all structures being erected, moved, added to or structurally altered and shall be in accordance with city policy, setback requirements and permit fees adopted by city resolution at any given time and shall be in conformity with all of the regulations herein specified for the district in which it is located.
      (2)   Residential permits may include any combination of accessory buildings, patios, decks and other structures associated with a single-family dwelling only if the same are included in the original permit application and said construction or improvements are begun within 180 days from the date the application is approved.
      (3)   Property uses shall be in compliance with general zoning district descriptions unless allowed through conditional use and/or consent to variance through the conditional use/variance process. Any change in use shall be subject to the same processes and shall be in compliance with this chapter.
      (4)   A septic permit shall be required, subject to the regulations herein, for any facility requiring pressurized water that does not have access to the sewer system.
      (5)   Permit fees and/or violation penalties in addition to state law shall be determined by city resolution.
      (6)   Buildings or other structures erected or altered must meet all official height and area regulation requirements of this chapter.
      (7)   No yard or lot existing at the time of passage of the ordinance codified in this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements set forth herein.
      (8)   A change of use of any building structure or land must comply with district regulations for the zone in which the use is located and may require a conditional use permit.
(Prior Code, § 17.24.010)
   (B)   Official schedule description.
      (1)   The following matrix comprises the official schedule of district regulations.
         (a)   “C” indicates a conditional use and requires following the conditional use process described in this chapter.
         (b)   “P” indicates a permitted use.
         (c)   A blank indicates the use is not allowed under any circumstance.
      (2)   Any land use not specifically mentioned shall be determined by the Administrator with the approval of the Commission. When several combined land uses exist or are being proposed, the most extensive and/or intrusive land use shall be considered as the primary use.
(Prior Code, § 17.24.020)
   (C)   Official schedule matrix.
Land Uses
Districts
A
R- 2
R-4
R-6
R-8
R-12
R-20
L O
C-1
C- 2
CB D
M- 1
M-2
Land Uses
Districts
A
R- 2
R-4
R-6
R-8
R-12
R-20
L O
C-1
C- 2
CB D
M- 1
M-2
Agricultural
Agricultural general
P
C
Beekeeping
C
Breeding or raising domestic animals for sale, food or pleasure
C
CAFO (confined animal feedlots)
Dairy
C
Dude ranch
C
Poultry farm
Roadside stand
P
P
Commercial
Administration/ business offices
P
P
P
Adult material stores
C
Airport
Animal clinic
C
C
P
P
Asphalt plant
Assisted living center
P
P
P
Auto repair/ garage/body
C
C
C
C
C
Auto sales
P
P
P
P
P
Auto/truck salvage yard
C
C
Bar*
C
C
Bed and breakfast
C
C
C
C
C
C
C
Billboards
C
Cabinet shop
P
P
Car wash
P
P
P
P
Chemical storage/ manufacturing
C
C
Concrete batch plant
Contractor, excavation heavy equipment storage yard
P
Dance, music, voice
P
P
P
Day care center
P
P
C
C
C
P
C
Drive-in theater
C
Equipment rent/ sales yard
C
P
P
P
Food/beverage processing
P
P
Fuel yard
C
C
Furniture refinishing
P
P
Garden/greenho use
P
C
C
Grain storage
C
Helicopter landing port
C
C
C
Hotel
P
P
Industrial
Kennel
Laboratory, medical
P
P
P
Liquor sales
C
C
Lumber mill
C
Manufacturing plant
P
P
Meat packing plant
C
Monument works
C
P
Mortuary
C
C
Motel
P
P
Outdoor rifle and pistol range
C
Parking lot
Public utility yard
P
P
P
Quarry
Railroad car/cargo containers as storage
C
C
C
C
C
C
C
C
C
C
C
C
C
Railroad yard
P
Recycling plant**
C
C
P
P
Rendering plant
Retail stores
P
P
P
Riding stables/ schools
C
RV park
C
Salvage/wrecking yard
C
Sanitary landfill
Service station with gasoline sales
C
C
Shop for building contractor
P
P
P
P
Storage (mini)
C
P
P**
P
P
Storage (RV and the like)
C
C
P
P
Strip/topless bar
C
Terminal yard, trucking
Tire shop
P
P
P
P
Trailer, manufactured home, farm implement sales
P
P
P
P
Truck stop
C
C
C
Truck/tractor repair
P
P
Truck wash
P
P
P
Warehousing, wholesale
P
P
Institutional
Church
P
P
P
P
P
P
P
P
P
P
P
Hospital
P
P
P
Institution/
correctional facility
C
C
C
Public schools
C
C
C
C
C
C
C
Trade/tech schools
P
P
P
Residential
Condos
P
P
P
P
P
P
P
P
Home occupation
P
P
P
P
P
P
P
P
P
Mobile home, double-wide
P
P
P
P
P
P
P
Mobile home park
C
C
C
Mobile home, single-wide
P
Multi-family
C
C
C
P
P
P
P
Planned unit development
C
C
C
C
C
C
C
Rooming/boarding
C
C
C
Single-family
P
P
P
P
P
P
P
P
P
Two-family
P
P
P
P
P
P
P
P
P
Notes to Table:
   *See strip/topless bar.
   **See performance standards.
 
(Prior Code, § 17.24.030)
(Ord. 620, passed 4-7-2010)

§ 153.022 OFFICIAL HEIGHT AND AREA REGULATIONS.

District
Maximum Height
Minimum Yard Requirements
J Minimum Lot Area Per Dwelling Unit
Front
Rear
Interior Side
Street Side**
District
Maximum Height
Minimum Yard Requirements
J Minimum Lot Area Per Dwelling Unit
Front
Rear
Interior Side
Street Side**
A
45 feet
60 feet (from road centerline)
30 feet
10 feet
45 feet (from road centerline
2 acres
C-1
35 feet
15 feet
5 feet
5 feet
30 feet
2,000 square feet
C-2
35 feet
30 feet
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
1,300 square feet
CBD
35 feet
0
0
0
0
500 square feet
LO
35 feet
30 feet
20 feet
5 feet*
30 feet
2,000 square feet
M-1
60 feet
0
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
0
M-2
60 feet
0
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
5 foot flat roof; 10 foot sloped***
0
R-2
35 feet
30 feet
20 feet
5 feet
30 feet
20,000 square feet
R-4
35 feet
30 feet
20 feet
5 feet*
30 feet
9,000 square feet
R-6
35 feet
30 feet
20 feet
5 feet*
30 feet
7,000 square feet
R-8
35 feet
30 feet
20 feet
5 feet*
30 feet
5,000 square feet
R-12
35 feet
30 feet
20 feet
5 feet*
30 feet
3,500 square feet
R-20
35 feet
20 feet
15 feet
5 feet*
30 feet
2,000 square feet
Notes to Table:
   *Plus 5 feet per story above single story.
   **Street side setbacks shall be measured from the edge of the right-of-way unless otherwise indicated.
   ***A sloped roof shall be any roof exceeding 2/12, or 2 feet of rise for 12 feet of run.
Height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.
If the requirement stated causes the front of the house to be out of line with the houses on both sides, the house being built may be built to be in line with the adjacent houses.
 
(Prior Code, § 17.28.010) (Ord. 646, passed 5-7-2014)

§ 153.023 CITY IMPACT AREA.

   (A)   Purpose. The purpose of establishing as area of city impact is to identify a logical urban fringe area adjoining the city. The urban fringe area is realizing development pressure that must be planned for in an orderly manner. Idaho Code § 67-6526 requires cities and counties negotiate an area of city impact.
(Prior Code, § 17.32.010)
   (B)   Consideration. The following factors were considered by the Planning Commission and the Council in the establishment of an area of city impact:
      (1)   Trade area;
      (2)   Geographic factors; and
      (3)   Areas that can reasonably be expected to be annexed in the future.
(Prior Code, § 17.32.020)
   (C)   Geographic area. The officially adopted geographic area of city impact is shown on the map in the ordinance codified in this chapter entitled, “Area of City Impact for the City of Montpelier.”
(Prior Code, § 17.32.030)
   (D)   Applications. The city’s comprehensive plan, zoning and subdivision ordinances and respective, subsequent amendments as officially adopted by the city and the county shall apply to the area of city impact within the unincorporated area of the county. The city and the county will review the impact agreement annually.
(Prior Code, § 17.32.040)

§ 153.024 LARGE ANIMAL AND ANIMAL-FREE AREAS.

   (A)   Purpose.
      (1)   The purpose of this section is to guide the keeping and the introduction of large animals in the city and to protect the health, safety and general welfare of the residents.
      (2)   This section does not include dogs, cats, up to 25 hen chickens and up to 25 rabbits.
(Prior Code, § 17.36.010)
   (B)   Large animal areas. Within the following mapped areas, large animals may be kept under the following conditions.
      (1)   The property must have a minimum of 10,000 square feet. The square footage shall not include any combination of the following: The footprint of the house, the front yard and five feet of the side yards contiguous to the house.
      (2)   Animals may be kept at a minimum ratio of not more than one animal unit per 10,000 square feet of land and shall have access to that 10,000 square feet of land.
      (3)   The following shall be considered one animal unit:
         (a)   One horse (donkey, mule);
         (b)   One cow;
         (c)   Three sheep;
         (d)   Twenty-six chickens (must be caged or confined and are not required to have access to the 10,000 square feet of land);
         (e)   Twenty-six rabbits (must be caged or confined and are not required to have access to the 10,000 square feet of land); and
         (f)   Twenty-five pigeons (must be caged or confined and are not required to have access to the 10,000 square feet of land).
      (4)   Animals not specifically named in divisions (B)(3)(a) through (B)(3)(f) above shall not be permitted.
      (5)   Any animal not specifically identified in this section is permitted by conditional use only.
(Prior Code, § 17.36.020)
   (C)   Animal-free areas. Animal-free areas shall be those areas within the city limits not allowing the keeping of any large animal units.
(Prior Code, § 17.36.030)
   (D)   Performance standards.
      (1)   Owners or managers of any large animal unit(s) shall maintain a fence adequate to prevent animals from harming neighbors’ property, including tree and bush foliage within the neighbors’ property but not including overgrowth.
      (2)   Owners or managers of large animal units shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.
      (3)   If the property does not meet the size requirements to house large animal units, large animal units may not be maintained upon the sale of the property.
   (E)   Map.
 
(Prior Code, § 17.36.040)
(Ord. 640, passed 7-3-2013)