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Payette City Zoning Code

CHAPTER 17

12 REGULATIONS GENERALLY

17.12.010: BUILDINGS AND LAND; USE OR CONSTRUCTION; CONFORMITY REQUIRED GENERALLY:

No building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations in this title specified for the district, as shown on the official map, in which it is located. (Ord. 1204, 2002: prior code § 11-2-3(A)(1))

17.12.015: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:

   A.   Building Height, Area Regulations And Yard Setbacks:
OFFICIAL HEIGHT AND AREA REGULATIONS; MINIMUM YARD SETBACKS
Zoning District
Maximum Height
Front Setback
Rear Setback
Interior Side Setback
Street Frontage
Minimum
Lot Area
(Square Feet)
Zoning District
Maximum Height
Front Setback
Rear Setback
Interior Side Setback
Street Frontage
Minimum
Lot Area
(Square Feet)
A-R
35'
25' from front property line or 55' from street centerline; whichever is greater
10'1
8'1
75'
8,000/10,000 corner lot
B-R
35'
25' from front property line or 55' from street centerline; whichever is greater1e
10'1
8'1
60'
6,000/8,000 corner lot
C
50'
0'1d
n/a
 
 
n/a
C-1
50'
0'1d
n/a
 
 
n/a
C-2
50'
0'1d
n/a
 
 
n/a
T
20'
30'
25'
10'
0'
108,900
I
85'
25'1d
25'
20'
20'
n/a
 
Notes:
   1.    Setback reductions (to be measured from the foundation to the property line):
      a. The roofs of buildings shall not project to within 4 feet of the side property line.
      b. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered part of the building to which they are attached and shall not project more than 4 feet into the required rear yard setback.
      c. Where a front uniform setback exists which is less or greater than required in this subsection, the setback shall conform to such uniform setback.
      d. In zone C, subsection 17.32.040A of this title applies; in zone C-1, subsection 17.34.040A of this title applies; in zone C-2, subsection 17.36.040A of this title applies; in zone I, subsection 17.40.040A of this title applies.
      e. For all subdivisions platted after January 1, 2020, there shall be a setback of at least twenty feet (20') from the front property line. The front setback may be reduced to fifteen feet (15') for the living area of the structure; the front setback for a garage shall be a minimum of twenty feet (20') from the front property line.
   B.   Residential Buildings: All residential buildings in residential districts must meet residential official height and area regulations. (Ord. 1515, 2022: Ord. 1423, 2017)

17.12.020: BUILDINGS AND LAND; YARD SIZE AND FAMILIES PER BUILDING RESTRICTIONS:

Except as provided in this title, no building, structure or premises shall be erected, altered or used so as to produce smaller yards or less unoccupied acres than prescribed by the setback restrictions of the district in which built, and no building shall be occupied by more families than prescribed for such building, structure or premises for the zone in which it is located. (Ord. 1204, 2002: Ord. 971 § 6, 1987: prior code § 11-2-3(A)(2))

17.12.030: BUILDINGS; SEPARATE YARD, COURT OR OPEN SPACE REQUIRED:

   A.   Except as provided in this title, no yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this title.
   B.   No building or structure shall be less than twenty feet (20') in width or twenty feet (20') in length.
   C.   The following structures shall be excluded from the minimum length and width requirement as prescribed herein: architectural projections, porches, canopies, balconies, platforms, carports, patios, covered patios, belfries, cupolas, ventilators, chimneys, awnings, fences, decks, storage sheds, or any other addition or improvement to an existing building or structure which existing structure already meets the length and width requirements of this title. (Ord. 1204, 2002: Ord. 1066 § 1, 1993: Ord. 991 §§ 1, 2, 1989: Ord. 988 § 1, 1988: prior code § 11-2-3(A)(3))

17.12.040: SURVEY AND ESTABLISHMENT OF PROPERTY CORNERS:

Before any person may apply for, or receive, a building permit, variance, a conditional use permit or any other zoning or use permit which involves the locating, varying, changing, moving or altering of lot lines or corners, or for new construction or for major exterior changes which alter the outside dimensions of a structure, the person seeking the permit shall provide a survey by a licensed surveyor in which the lot lines or boundaries and corners have been established as a matter of record. At the time of application and inspection, the surveyor shall have visibly staked the lot lines and corners. (Ord. 1204, 2002: Ord. 1085 § 1, 1994)

17.12.050: LOTS IN TWO DISTRICTS:

Where a district boundary line, as established in this title or as shown on the zoning map, divides a lot which was in single ownership and of record at the time of the effective dates hereof, the least restrictive district shall apply to the entire lot. The use so extended shall be deemed to be conforming. (Ord. 1204, 2002: prior code § 11-3-1(A))

17.12.060: LOTS IN BUSINESS OR INDUSTRIAL DISTRICTS ADJACENT TO RESIDENTIAL DISTRICTS; ADHERENCE TO RESIDENTIAL YARD REQUIREMENTS:

Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district. (Ord. 1204, 2002: prior code § 11-3-1(C))

17.12.070: MIXED RESIDENTIAL AND BUSINESS OR INDUSTRIAL FRONTAGE; RESIDENTIAL YARD DEPTH REQUIRED:

Where the frontage on one side of a street between two (2) intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district. (Ord. 1204, 2002: prior code § 11-3-1(D))

17.12.080: GARAGE ENTRANCES AND EXITS; MINIMUM DISTANCE REQUIREMENT FROM RESIDENTIAL DISTRICT:

No public or private garage for more than five (5) motor vehicles shall have an entrance or exit for motor vehicles within sixty feet (60') of a residential district. (Ord. 1204, 2002: prior code § 11-3-1(E))

17.12.090: PARKING LOTS AND DRIVEWAYS ABUTTING RESIDENTIAL DISTRICT; WALL OR FENCE REQUIRED; GLARELESS LIGHTING REQUIRED:

Whenever a parking lot or a driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wall or a substantial, sightly fence, not less than three feet (3') high and not more than six feet (6') high, shall be constructed and maintained along said side or rear lot line up to, but not beyond, the setback building line. In addition, in all use districts the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings or districts. (Ord. 1204, 2002: prior code 11-3-1(F))

17.12.100: REVERSED CORNER LOT ABUTTING RESIDENTIAL DISTRICT; MINIMUM REAR YARD REQUIREMENT:

In the case of a reversed corner lot, where the rear of a lot is in a commercial or industrial district, there shall be a rear yard of not less than twenty five feet (25'); provided, that where a public alley separates the rear of the lot in the commercial or industrial district and the side of the lot in any residential district, no rear yard shall be required. (Ord. 1204, 2002: prior code § 11-3-1(G))

17.12.110: SINGLE UNITS:

Single units in a residential district shall have no accessory building built without first constructing a primary residential structure. There shall be only one primary structure built on any one lot. (Ord. 1204, 2002: Ord. 1101 § 2, 1995)

17.12.120: LOTS IN RESIDENTIAL DISTRICT ADJACENT TO BUSINESS OR INDUSTRIAL DISTRICT; LEAST RESTRICTED USE PERMISSIBLE:

The first residentially zoned lot having a side yard adjacent to any commercial or industrial district may be utilized in accordance with the use requirements of the next least restricted residential zone; provided, that the area, height and other restrictions of the zone in which it is located are met. In addition, any single adjacent structure located or built upon the first sixty feet (60') of such a residentially zoned lot with a side yard adjoining a commercial or industrial district may be used for offices for groups of doctors, dentists, architects, engineers or attorneys; clinics with private dispensaries; and insurance, institutional and real estate offices. In addition, such other semicommercial uses as determined by the commission to be of similar character are permitted. Such structure or use must comply with the area, height and other restrictions of the zone in which it is located. (Ord. 1204, 2002: prior code § 11-3-1(B))

17.12.130: OCCUPANCY STANDARDS:

Within a single residence, no more than two (2) persons per habitable room shall reside. "Habitable room" shall be defined as excluding hallways, kitchens and bathrooms. (Ord. 1204, 2002)