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New Meadows City Zoning Code

CHAPTER 11

Supplementary Zoning Regulations

10-11-1 Scope And Purpose

This chapter sets forth general requirements that apply to all of the districts that have been established by this title. The intent of this chapter is to eliminate redundancy by incorporating general regulations under one chapter. (Ord. 313-08, 6-9-2008)

10-11-2 Yards

In addition to all yard regulations specified in a district setback requirement and in other sections of this title, the following provisions shall be adhered to:

  1. Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three feet (3') and eight feet (8') above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way twenty five feet (25') from the point of intersection.
  2. Fences And Walls In Front Yards: In any required front yard, no fence or wall shall be permitted that is taller than three feet (3').
  3. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district.
  4. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard setback areas. (Ord. 313-08, 6-9-2008)

10-11-3 Height Exceptions

The height limitations contained in each district do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other equipment usually required to be placed above the roof level and 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. (Ord. 313-08, 6-9-2008)

10-11-4 Trash Areas, Sidewalks And Signs

In addition to all other regulations as specified in this title, the following provisions shall be adhered to:

  1. Required Trash Areas: All dumpster collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure, and have a lid. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the City Council shall be provided.
  2. Sidewalk Maintenance: All owners of lots abutting upon sidewalks within the Central Business or Commercial Districts of the City shall be, and they are hereby, required to keep said sidewalks free and clear of snow, rubbish, trash, debris, litter, and all obstructions of any kind or character whatsoever. If a sidewalk, or portion thereof, is in violation of this subsection, the City may, at its option, clean the sidewalk and bill the owner of the property abutting the offending sidewalk a reasonable fee for such maintenance. Such maintenance fee shall be determined by the cost thereof to the City and in no case shall exceed one hundred dollars ($100.00) per each cleaning. The maintenance fee(s) shall be in addition to any fine imposed.
  3. Signs: Permanent and temporary signs shall be located on private property and not located in the public right-of-way or easement or on public sidewalks. Governmental use of signs in the right-of-way or easement is exempt. (Ord. 313-08, 6-9-2008; Amd. Ord. 359-2019, 7-8-2019)

10-11-5 Commercial And Industrial Regulations

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions that could adversely affect the surrounding areas of adjoining premises; except, that any use permitted by this title may be undertaken or maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:

  1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the International Fire Code.
  2. Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity at any point or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
  3. Noise: Objectionable noise, as determined by the City Council, that is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
  4. Vibration: No vibration shall be permitted that is discernible without instruments on any adjoining lot or property.
  5. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authority and the Department of Environmental Quality.
  6. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Health Authority and the Department of Environmental Quality.
  7. Enforcement Provisions: The City Council, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
  8. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous or objectionable elements shall conform to applicable standard measurement procedures published by the American Standard Institute, New York, the Manufacturing Chemists' Association, Inc., Washington, DC, the United States Bureau of Mines, the Department of Environmental Quality and the Health Authority.
  9. Loading Areas For New Developments: Convenient access to loading spaces from streets or alleys shall be provided. In no case shall off street loading areas be part of the area used to satisfy off street parking requirements. (Ord. 313-08, 6-9-2008; Amd. Ord. 359-2019, 7-8-2019)

10-11-6 Unique Land Use Provisions

Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:

  1. Accessory buildings: Will not be located in any required front yard area.
  2. Animal clinic, animal hospital, veterinary office and kennel:
    1. Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The City Council may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property.
    2. Will comply with all State and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.
  3. Animal commercial feedlots, meat packing, processing plant, and slaughterhouse facilities:
    1. Will be located when housing animals, feedlots, slaughterhouse facilities or holding pens not less than nine hundred feet (900') from any residence, except for an owner's residence. Meat packing and processing plants shall not be less than three hundred feet (300') from any residence, except for an owner’s residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line.
    2. Will be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor.
    3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance and shall also be subject to the Health Authority and the Department of Environmental Quality requirements as to the elimination of waste materials and the maintenance of water quality control.
  4. Bulk storage of flammable liquids and gases, aboveground and for resale:
    1. Will be located at least three hundred feet (300') from a residential district, a residence, motel, or hotel, except for an owner's residence.
    2. Will be erected subject to the approval of the Fire Chief or in his absence, the State Fire Marshal.
    3. Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the Fire Chief or in his absence, the State Fire Marshal.
  5. Chemicals, pesticide and fertilizer storage and manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the Fire Chief or in his absence, the State Fire Marshal.
  6. Contractor yard:
    1. Will have a six foot (6') sight obscuring fence around the areas utilized for storage of equipment and materials.
    2. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
    3. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.
    4. Will not be located in any front yard setback area.
  7. Drive-in restaurant:
    1. Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.
    2. Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence.
    3. Will avoid the direction of night lighting toward any residence.
    4. Will provide for adequate trash receptacles.
  8. Gravel pits, rock quarries, sand and clay pits, and other natural resources of commercial value:
    1. The extent and method of rehabilitation shall be determined in advance if issuing a zoning certificate with due consideration given to what is suitable and compatible with the surrounding area.
    2. Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring or weighing of salable material in storage shall be entirely removed from the property.
    3. Safety fencing shall be erected around all pits that create a safety hazard.
  9. Recreational vehicle parks:
    1. Recreational vehicle parks are for temporary living quarters and not permanent or year-round housing.
    2. Recreational vehicles shall be separated from each other and from other structures by at least ten feet (10'). Any accessory structures, such as attached awnings or carports, shall, for the purpose of this separation requirement, be considered to be part of the recreational vehicle and maintain the above separation.
    3. Each recreational vehicle lot shall contain a stabilized vehicular parking pad composed of paving, compacted crushed gravel, or other all weather material.
    4. Each recreational vehicle lot shall have a minimum depth of sixty feet (60').
    5. If it is determined by the City or Idaho Transportation Department that traffic control devices or other traffic regulation improvements are required as a result of the development of a recreational vehicle park, the developer or applicant shall be responsible for the cost of installation or construction of said improvements.
    6. Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the recreational vehicle park. Internal roads shall not be designed to encourage use by outside traffic to traverse the recreational vehicle park to adjoining developed areas.
    7. The applicant shall provide a minimum of one off-street parking space per RV site in addition to the RV pad.
    8. Any action toward removal of wheels of a recreational vehicle or to attach the recreational vehicle to the ground for stabilizing purposes is prohibited.
    9. Occupancy of a recreational vehicle park space by a particular recreational vehicle shall be limited each year to only those days between Memorial Day and October 1, and a maximum of thirty (30) consecutive days during the remaining months of the calendar year.
  10. Riding stables and schools:
    1. Will locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line.
    2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers and the factors of noise and odor.
    3. Will require that the owner or operator of such use have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.
    4. Will be completely enclosed by a solid six foot (6') high sight obscuring fence.
    5. Will have such landscaping that is appropriate with the surrounding area.
  11. Outdoor rifle and pistol ranges:
    1. All firing areas shall be bermed. The earthen berms shall comply with the following minimum standards recommended by the National Rifle Association:

      RIFLE AND PISTOL BACKSTOP AND SIDE BERM STANDARDS


      Feet In Height
      Slope
      Impact (backstop) berm 201:1
      Side berms
      81:1
    2. Will be designed to avoid a line of fire that is directed toward any residence or business within one mile.
    3. Will incorporate landscaping that is compatible with the surrounding landscaping.
    4. Will provide supervision and security measures during periods of use. (Ord. 313-08, 6-9-2008; Amd. Ord. 359-2019, 7-8-2019)

10-11-7 Storage Of Boats, Campers And RVs

In residential districts, boats, travel trailers, and similar outdoor recreational vehicles may be parked on the same lot as the primary dwelling in the side or rear yard but not in the required side and rear setback areas. (Ord. 313-08, 6-9-2008; Amd. Ord. 359-2019, 7-8-2019)

10-11-8 Home Occupations

A home occupation shall be allowed in those districts that specifically allow home occupations. All home occupations must meet the following requirements:

  1. The use of the dwelling unit for home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
  2. The home occupation is considered an accessory use by this title.
  3. The exterior character of the dwelling unit shall not be altered other than one sign, no larger than four (4) square feet in area, not internally illuminated, and placed on the private property.
  4. Any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title and shall not be located in a required front yard.
  5. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or cause fluctuation in line voltage off the premises.
  6. The entrance to the space devoted to such use is from within the building, and no internal or external alterations or construction features not customary in dwellings are involved. (Ord. 313-08, 6-9-2008; Amd. Ord. 359-2019, 7-8-2019)

10-11-9 Park Model/Tiny Home/ Cottage Regulations

No Park Model/ Tiny Home/ Cottage shall be placed on any property, except as permitted by New Meadows City Code.

A. All tiny homes/ park models/ cottages shall be installed on a permanent foundation, and shall be connected to City water, sewer and electric utilities.

B. Tiny homes/ park models/ cottages shall follow setbacks and other requirements of the zone in which they reside. Lot coverage and number of units may be adjusted on any property based on design review of the city council.

C. Each tiny home /park model/ cottage shall contain one off-street parking space per designated dwelling unit.

D. Each tiny home/ park model/cottage shall comply with all adopted standards for fire access required to protect each residence.

E. Tiny homes/ park models/ cottages shall comply with all adopted City standards for the location and width of utility easements.

F. Each tiny home/ park model/ cottage shall require approval of a Conditional Use Permit, and shall follow the design review process as outlined in 10-4-3.

G. Tiny homes/ park models/ cottages require building permits and must meet residential building code standards.

HISTORY
Amended by Ord. 384-2022 on 11/14/2022

384-2022