The RS single-family residential district is intended for medium and low density, urban single-family residential and compatible uses. It is the intent to have a full range of urban services (paved roadways, sidewalks, library, public safety, sewer, water, etc.) available within this district.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4777, § 1(Exh. A), 12-18-2023)

The planning and zoning commission may grant a conditional use permit for any of the conditional uses listed for the RS District as set forth in section 10-3-2, Schedule of district/zone land use controls, of this title, in accordance with the procedures set forth in chapter 25 of this title.

A.

Two-unit single-family attached zero lot line dwellings. Shall comply with the following requirements:

1.

Deeds or covenants pertaining to buildings shall contain appropriate provisions regarding harmonious maintenance of individually or commonly owned indoor or outdoor walls and outdoor yard areas.

2.

Maintenance or encroachment easements shall be recorded as necessary for individual owners to assure access to all privately owned yard areas and outdoor walls.

3.

Overall lot areas, lot width, and yard/setback requirements for two-dwelling unit style structures shall be the same as for single dwelling unit structures excepting one standard. Side setbacks (minimum side yards) shall be required to be five feet on either side of a two-dwelling unit structure, or the width of a prescriptive easement, whichever is greater, regardless of whether an alley abuts the property whereupon a two-unit dwelling is proposed to be emplaced.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

No principal structure shall exceed 30 feet in height (measured from grade to the ceiling of the top floor of the structure).

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4702, § 1(Exh. A), 12-5-2022)

Shall comply with standards in section 10-3-2 of this title and, in addition, the following regulations apply:

A.

Detached accessory structures shall not be taller than the height of the principal building on the property or 22 feet (measured from grade to the structure height), whichever is greater.

B.

Detached accessory structures over 200 square feet (201+) in footprint area shall comply with required front, side, and rear setbacks listed in subsection 10-8-5.A and require a building permit.

C.

Detached accessory structures 200 square feet or under and 12 feet or lower in height shall be built to no less than three feet from any primary structure wall (unless a building permit is obtained from the city to locate closer to the house) and shall comply with required front, side, and rear setbacks that apply to the principal structures.

D.

No portion of an accessory structure may be located closer to the front property line than any covered part of the house to which they are accessory.

E.

As noted in subsection 10-1-7.D.3 of this title, there shall be no more than two accessory structures, with the exception of a detached garage or carport where an attached garage or carport does not exist. Only one accessory structure may be a detached guesthouse or in-laws quarters.

10-8-4 Figure 1: Accessory Structures Located on Residential Property:

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4809, § 1(Exh. A), 6-3-2024; Ord. No. 4843, § 15, 2-3-2025)

In order for a property to be eligible for development the following requirements shall be adhered to:

A.

Spatial and bulk requirements for principal structures and accessory structures.

1.

When a single-family dwelling is located or to be located on a platted corner lot, the lot area requirement may be reduced in accordance with section 10-10-8 of this chapter.

2.

Setbacks shall be measured from the property line or future right-of-way where known or determined by the city engineer.

3.

Where a utility easement is recorded adjacent to a rear or side property line, the setback shall be no less than the width of the easement on the development site or as designated in the chart, whichever is greater.

4.

A planned unit development (PUD) may be requested to reduce rear yard setbacks in a subdivision development. A conditional use permit (CUP) may be requested to reduce rear yard setbacks for a single lot.

B.

Density requirements and lot sizes. Developments created through a short plat or property boundary adjustment or show no change to the base lot size may exceed the comprehensive plan gross density requirements of 2.51—8 dwelling units per acre in the medium density residential and the residential mixed use designated areas if there is an approved conditional use permit for a duplex on the property.

Base lot: The cumulative area of the parcel(s) where the multi-unit structure resides. When developing townhouses the base lot shall be a lot size within the minimum and maximum range on the chart. From this proposed base lot the townhouse units can be subdivided according to the product type to provide single-family housing units.

C.

Access. All lots/parcels developed/"built out" or proposed to be developed/"built out" with structures thereon shall have, or be demonstrated to have, legal access to a public street, before the city may issue or approve construction of any structures on that lot/parcel (as iterated in the definition of "property" in section 10-1-2, "definitions," and subsection 10-1-7.B.1 of this title). Lots/parcels developed in this zone do not have to have direct lot/parcel frontage on a public street however, only legal access to the same.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4727, § 1(Exh. A), 4-3-2023; Ord. No. 4777, § 1(Exh. A), 12-18-2023; Ord. No. 4843, § 15, 2-3-2025; Ord. No. 4873, § 7, 6-16-2025)

None specified for primary structures. For accessory structures refer to section 10-1-7.D.3.

Platted corner lots shall observe the minimum front yard setback requirements on one street side. A ten foot minimum setback shall be required on the second street side.

Two-unit, zero lot line attached units or two detached single-family dwellings or two detached prefabricated homes may be permitted on platted corner lots when the following criteria are met:

A.

Location. On lots platted prior to 1947, and left in original configuration, that are at least 50 feet wide by 140 feet deep.

B.

Special requirements. Requirement number 3 shall have no effect on corner lots containing two existing single-family homes prior to June 16, 1975. Other listed requirements shall have no effect on corner lots containing two existing single-family homes prior to April 16, 1979, provided no conditional use permit has been granted containing any of the requirements. In instances where a conditional use permit has been granted, conditions of the permit shall be adhered to.

Requirements for a corner lot split include but are not limited to the following:

1.

Two off-street parking spaces shall be provided for each lot in accordance with requirements noted in section 10-8-9 of this chapter.

2.

Curb, gutter and sidewalk shall be provided in accordance with Nampa Engineering Policies and Construction Standards.

3.

The smallest parcel shall have two property lines at least 65 feet in length.

4.

Utility services shall be located in recorded easements on private property. Utility easements and utility lines placed within the same shall be arranged such that no building construction will occur over utility lines.

5.

A record of survey and deeds for the lot split shall be recorded prior to the application of a building permit for the new home.

6.

Construction shall comply with plans submitted, approved and on file with the building division.

7.

The building official shall not issue a certificate of occupancy until the engineering, planning and zoning and building divisions are satisfied that all of the stated requirements have been complied with. A certificate of occupancy may be issued upon receipt of a bond in the amount of 150 percent of the value of incomplete improvements as approved by the director or his/her designee.

8.

An application for a building permit shall include a plot plan showing existing conditions and proposed improvements at a scale of at least one inch equals 20 feet.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4777, § 1(Exh. A), 12-18-2023; Ord. No. 4843, § 16, 2-3-2025)

The area within the strip of ground (flagpole) connecting a building property with a street (and thereby providing "frontage" for the property) shall not be considered as part of the flag property's total area.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

At least two paved, off street parking spaces shall be provided per residential dwelling unit (e.g., house) in the RS zone. Such spaces shall be located on the property whereupon lies the dwelling unit.

After the passage date hereof each new house or manufactured home shall have at time of construction, and shall maintain ever after, covered parking entailing, as a minimum, at least one of the off-street parking spaces sheltered within a single car garage, or, under a carport structure (which has an accessory storage structure attached thereto) that, in either case, does not lie within a required setback.

Conversion of all or part of space within a garage that existed prior to the passage date hereof may be allowed provided that at least one covered and/or enclosed parking space is created elsewhere on the same property within a new garage or under a new carport placed in conformance with setback requirements. Further, legal access to a public right-of-way or approved common drive shall be required for any new garage or carport provided.

Other uses shall conform to the signage, parking, parking lot landscaping, property landscaping, and open space requirements in chapters 22, 23, 27 and 33 of this title.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)