A.   An original tract or parcel of land may be administratively divided into two (2) buildable tracts or parcels, provided that the resulting division shall not result in either tract or parcel having less than forty thousand (40,000) square feet in area. Each resulting tract may contain a residential dwelling right or after application and public hearing may qualify for a TDR.

   B.   A lot, parcel or tract which has at any time been divided from a tract containing a residence, shall not be used to enlarge or qualify another previously divided tract for residential construction.

   C.   A previously divided tract, parcel or lot shall not be divided except that a previously divided lot, parcel or tract may again be divided for agricultural purposes provided the resulting division does not result in a diminution to the farmable acreage or a decrease in field sizes and a residential dwelling is not constructed on any resulting parcel.

   D.   An original tract which is subsequently divided by a county, state or federal highway becomes two (2) original tracts. (Ord. 2009-03, 6-15-2009)

For the purpose of this title, the following shall apply:

   A.   Zone A:

      1.   Lot Size: In zone A, a tract, parcel or lot or an original tract, parcel or lot shall not be divided into tracts or parcels of less area than the original tract except in accordance with section 8-10-2 of this chapter. No residential dwelling shall be constructed upon or be located upon any lots containing less than forty thousand (40,000) square feet excluding public and private street rights of way.

      2.   Yard And Building Setbacks: In zone A, required setbacks shall be fifteen (15) feet on all sides except where property adjoins a private or public road or road right-of-way, where the required setback shall be thirty (30) feet from the property line or road right-of-way, whichever is greater.

   B.   Zone R:

      1.   Lot Size: In zone R, no single-family dwelling shall be erected nor mobile home parked or placed or building altered to accommodate one family as a residence on a lot having less than forty thousand (40,000) square feet excluding public and private street rights of way and a width of at least one hundred fifty feet (150').

      2.   Yard And Building Setbacks: In zone R, each building or structure shall be required to have side yards or side setbacks of not less than ten feet (10') and rear and front yards or rear and front setbacks of not less than thirty feet (30'), as measured from property lines or right of way lines when available. Uninhabited accessory structures may be placed ten feet (10') from the rear property line.

      3.   Allowable Decreases: Lots may be decreased in size as follows: a) lots may be reduced to twenty thousand (20,000) square feet if central sewer is provided; b) lots may be reduced to ten thousand (10,000) square feet if both central sewer and central water are provided.

   C.   Zone C-1 And C-2:

      1.   Lot Size: In zone C, minimum lot size shall be forty thousand (40,000) square feet excluding public and private street rights of way.

      2.   Yard And Building Setbacks: No side yards, side setbacks, rear setbacks or rear yards are required except where a lot adjoins a residential R zone, in which case a side yard and side setback of not less than ten feet (10') is required, and a rear yard or rear setback of fifty feet (50') is required as measured from property lines or right of way lines when available. No buildings or structures or any portion thereof shall be erected within fifty feet (50') of the right of way line of an existing road or highway. Such lines shall be established by a survey of record.

   D.   Zones I-1 And I-2:

      1.   Lot Size: In zones I-1 and I-2 there shall be no minimum lot size except that all land put to I-1 and I-2 uses shall be of sufficient size to meet all setback and minimum yard requirements.

      2.   Yard And Building Setbacks: No side yards, side setbacks, rear setbacks or rear yards are required except where a lot adjoins a residential R zone, in which case a side yard and side setback of not less than ten feet (10') is required, and a rear yard or rear setback of fifty feet (50') is required as measured from property lines or right of way lines when available. No buildings or structures or any portion thereof shall be erected within fifty feet (50') of the right of way line of an existing road or highway. Such lines shall be established by a survey of record.

   E.   Recorded Description: A recorded description of a lot of record will not substitute or qualify as a subdivision plat.

   F.   Rear Yard Determination: For purposes of determining the minimum rear yard, the rear yard may be measured to the centerline of an alley, if any, abutting the rear property line.

   G.   Road Rights Of Way: For purposes of determining lot size, area, setbacks, coverage, etc., where measurements required by this title necessarily include, commence from or consider road rights of way, and where there are no deeded, platted or dedicated road rights of way, the road right of way is presumed to be sixty feet (60') in width.

   H.   Payette River And Snake River: No building or structure or any portion thereof shall be erected within seventy five feet (75'), as measured horizontally, of the high water mark of the Payette River and Snake River.

   I.   Property Abutting Public Lands: No part of any structure built upon property abutting, contiguous, bordering, nearby or adjacent to public land shall be constructed closer than two hundred feet (200') to the property line of the public land.

   The two hundred foot (200') setback requirement may be decreased to thirty feet (30') provided that a person proposing to build on property adjacent to public lands provides the building official with a plan which shows that any structure built less than two hundred feet (200') from those public lands will be built with all exterior surfaces out of noncombustible materials, have a metal or other noncombustible roof, have a water source plumbed to the building and have a firebreak maintained between the building and the public lands. Noncombustible materials shall include, but not be limited to, block, brick, concrete, stucco or steel, or any other noncombustible material as defined by the American Society For Testing And Materials, ASTM E136. A firebreak shall be a ten foot (10') strip of land which shall be maintained in such a manner that its surface is natural soil and vegetation free and has no combustible materials parked, stored or maintained thereon. The setback may be reduced to thirty feet (30') provided that a landowner plants and maintains a noncombustible, green vegetation, strip between any structures and the public land. "Public land" shall be defined as agricultural, recreational or unimproved land owned by the state of Idaho or the United States Of America. In the event any structure is built in violation of this subsection, or if built in conformity with this subsection but not maintained as required by this subsection, in addition to any other penalties available to the state of Idaho or Payette County, said structure shall be subject to the abatement portions of this code. (Ord. 2012-05, 5-21-2012; amd. Ord. 2020-01, 2-17-2020)

The following are the maximum permissible heights of buildings and structures in the below listed zones; provided, however, that towers and similar structures may be excepted from the list by a conditional use permit, which may be obtained from the planning and zoning commission at its discretion:

 

All zoning sections except title 10, chapter 1, "Payette Airport", of this code are subject to this section. Any ordinances that are in conflict with this are hereby repealed. (Ord. 2015-02, 9-28-2015)

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

   A.   Visibility At Intersections: On a corner lot in any zone, nothing shall be erected, placed, or allowed to grow in any such manner as to materially impede vision between a height of two and one-half (21/2) and ten feet (10') 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 lines twenty five feet (25') from the point of intersection.

   B.   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 zone.

   C.   Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Zones: Nonresidential buildings or uses shall not be located nor constructed closer than fifty feet (50') to any lot line of a residential zone, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the planning and zoning commission is provided.

   D.   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 and rear yard; provided, that ornaments and furniture shall be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

   E.   Exceptions To Height Regulations: The height limitations contained in this title do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances 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. 2012-05, 5-21-2012)

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

   A.   Conversion Of Dwellings To More Units: A residence shall not be converted to accommodate an increased number of dwelling units unless:

      1.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that zone;

      2.   The lot area per family equals the lot area requirements for new structures in that zone; and

      3.   The conversion is in compliance with all other relevant codes and ordinances.

   B.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work are only allowed during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work and the removal shall be guaranteed by a ten thousand dollar ($10,000.00) bond. Storage of such facilities or equipment beyond the completion date of the project shall require a use permit authorized by the planning and zoning administrator or building inspector.

   C.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially or agriculturally zoned property other than in a completely enclosed building or carport. However, one boat and one travel trailer may be stored in a side or rear yard.

   D.   Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family 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. Adequate vehicular access shall be provided to and from such area or areas for collection of trash and/or garbage.

   E.   Development Close To An Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas as required by the state department of transportation, division of aeronautics and public transportation and federal aviation administration 1 .

   F.   Use Of Residential Units For Storage Prohibited: It shall be unlawful for any person to use any building, manufactured home, mobile home or other structure built, designed, or which structure has received an occupancy permit as a residence, as a storage facility.

   G.   Mobile Homes: Mobile homes, placed outside of mobile home parks or courts, shall be placed on permanent foundations and shall become permanent structures. (Ord. 2012-05, 5-21-2012)

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

   A.   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 which is compatible with the potential danger involved as specified in the fire code and the national safety foundation publications;

   B.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point, other than at the source of such disturbance;

   C.   Noise: Objectionable noise which 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;

   D.   Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property;

   E.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority;

   F.   Glare: No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing zone or from any street;

   G.   Erosion: No erosion, by man, wind or water, shall be permitted which will carry objectionable substances onto neighboring properties;

   H.   Water Pollution: Water pollution control shall be subject to the requirements and regulations established by the health authority and the United States government;

   I.   Enforcement Provisions: The planning and zoning administrator or building inspector, prior to the issuance of a 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; and

   J.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the Manufacturing Chemists Association, Inc., Washington D.C., the United States bureau of mines and the health authority, or their successors. (Ord. 2012-05, 5-21-2012)

Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. This is not to imply the creation of a zone entitled "unique lands". The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title when properly zoned:

   A.   Accessory Buildings: An accessory building:

      1.   Will not be located in any required front yard area; and

      2.   Will not be located closer than ten feet (10') from any side or rear property line.

   B.   Animal Care: Animal clinic, animal hospital, veterinary office and kennel:

      1.   Any lot or premises on which four (4) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, sold or which offers provisions for minor medical treatment is considered a kennel and shall obtain a conditional use permit.

      2.   Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The planning and zoning commission may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and

      3.   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.

   C.   Animal Related Businesses And Appurtenant Structure: Holding pens, feedlots, silage pits and silos:

      1.   Will be located not less than six hundred feet (600') 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 surrounding properties, and to the reduction of such nuisance factors as odor; and

      3.   Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control.

      4.   See also chapter 19, "Confined Animal Feeding Operations", of this title.

   D.   Bulk Storage: Bulk storage of flammable liquids and gases, aboveground and for resale:

      1.   Will be located at least three hundred feet (300') from a residential zone, a residence, motel, hotel, except for an owner's residence;

      2.   Will be erected subject to the approval of the principal fire authority; and

      3.   Will have suitable loading and unloading spaces and off street parking facilities.

   E.   Hazardous Materials: Chemicals, pesticide and fertilizer storage and manufacturing:

      1.   Will have adequate fire protection, storage area, handling and disposal approved by the principal fire and health authorities.

   F.   Contractors: Contractors' yard and supply yard:

      1.   Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence;

      2.   Will have a screening fence around areas utilized for storage of equipment; and

      3.   Will be limited to storage, maintenance and processing incidental to contracting work.

   G.   Restaurant: Drive-in restaurant:

      1.   Will be enclosed on the property line with landscaping and fencing, except for ingress/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 provide for adequate trash receptacles; and

      4.   Will avoid the direction of night lighting toward any residence.

   H.   Earthmoving: Filling, grading, lagooning, dredging, or other earthmoving activity:

      1.   Will use diversions, silting basins, terraces and other methods to trap sediment;

      2.   Will provide lagooning in such a manner as to avoid creation of fish trap conditions;

      3.   Will not restrict a floodway, channel or natural drainageway;

      4.   Will construct stabilized sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;

      5.   Will not have below grade excavation except for drainage within fifty feet (50') of any lot line or public right of way;

      6.   Will restore to the natural condition and contour as closely as possible and will restore topsoil to a depth of not less than four inches (4"), within a reasonable period of time after completion of the project; and

      7.   Will maintain dust control.

   I.   Pits: 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 of issuing a zoning certificate or permit with due consideration given to what is suitable and compatible with the surrounding area;

      2.   Upon depletion of the area, depletion of the extractable substances or discontinuance of the use, 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 and the site shall be restored by stabilizing and terracing the sides of any remaining pits. Terracing shall be sufficient to allow the replacement of overburden and prevent the erosion of newly introduced soil. Rehabilitation of the soil shall comply with all requirements of all other governmental entities having jurisdiction thereover; and

      4.   The board of county commissioners may require the posting of a surety bond or irrevocable letter of credit to guarantee the restoration of the site to the condition required in the original permit.

   J.   Home Occupations:

      1.   No more than one person other than members of the family residing on the premises shall be engaged in such occupation;

      2.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

      3.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, nonilluminated and mounted flat against the wall of the principal building;

      4.   No significant traffic shall be generated by such home occupation and 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 the required front yard; and

      5.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in any line voltage off the premises.

   K.   Mobile Home Facilities: Mobile home parks and courts:

      1.   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

      2.   Will not be hazardous or detrimental to existing or future neighboring uses;

      3.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;

      4.   Will be consistent with the intent and purpose of this title and the comprehensive plan;

      5.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with the traffic on surrounding public streets or roads;

      6.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance;

      7.   Will meet the minimum health standards as set forth by the health authority; and

      8.   Will have a minimum total area for the mobile home park of five (5) acres.

      9.   Mobile homes shall be placed on a semipermanent or permanent foundations.

   L.   Outdoor Storage: Outdoor storage of commercial and industrial materials:

      1.   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; and

      2.   Will not be located in any front yard setback area.

   M.   Equestrian Uses: Riding stables and schools:

      1.   Will locate all stables or loafing sheds not nearer than one hundred feet (100') 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 its proximity to adjacent uses and its effect upon adjacent and surrounding properties, as to the storage of horse trailers, and the factors of noise and odor; and

      3.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.

   N.   Ranges: Rifle and pistol range:

      1.   Will be designed with a backstop;

      2.   Will be designed to avoid a line of fire that is directed towards any residence or business within one mile;

      3.   Will incorporate landscaping that is compatible with the surrounding landscaping; and

      4.   Will provide supervision and security measures during periods of use.

   O.   Landfill: Sanitary landfill will conform to time limits for daily operation as defined by the board of county commissioners and must comply with the requirements of solid waste management as set forth in title 4, chapter 2 of this code.

   P.   Salvaging: Junk and salvage yards:

      1.   No junkyard, auto salvage yard, salvage yard, wrecking yard, recycling center, or boneyard shall be permitted in an I-1 or I-2 zone without first securing a proper license as required by title 3, chapter 2 of this code, as amended.

      2.   Prior to receiving a salvage yard license, an applicant shall demonstrate that any location where he is proposing to transact the business of a junkyard, wrecking yard, salvage yard, auto salvage yard, recycling center or boneyard, will satisfy the following requirements:

         a.   Will be completely enclosed by at least a solid eight foot (8') high sight obscuring fence constructed of cyclone fencing with nylon privacy webbing, or a material approved by the board of county commissioners or the planning and zoning commission;

         b.   Will not result in the storage of automobiles, junk, recyclable or salvage material being visible from any public highway or adjoining property;

         c.   Will require that the entrance to the storage area be recessed and located at a point not directly visible from any public highway or adjoining property;

         d.   Will incorporate landscaping outside of the fence that is compatible with surrounding landscaping (lawn strip and trees);

         e.   Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate repair of the fence and landscaping;

         f.   Will require a plan or drawing of the facility be approved by the planning and zoning commission prior to any construction;

         g.   Will comply with all EPA regulations regarding the storage and disposal of toxic wastes including, but not limited to, oil, gasoline or other petroleum products;

         h.   Will not pose a danger of groundwater contamination in the opinion of the Idaho department of health and welfare, or division of environmental quality;

         i.   Will provide access into the interior of the yard;

         j.   Will drain all fluids including, but not limited to, gasoline, battery acid, transmission fluid, rear end fluid, brake fluid, crank case oil, and properly dispose of the same prior to placing an automobile on the site;

         k.   Will remove all tires from all vehicles before permanent placement on the site;

         l.   Will have driveways between and around all junk or accumulation of junk, automobiles or piles of automobiles which shall be at least fifteen feet (15') wide and maintained free from an accumulation of rubbish, equipment or other articles or materials. Driveways shall be spaced with a maximum grid system unit of fifty feet by one hundred fifty feet (50' x 150') as prescribed. The driveways shall be sufficient to provide fire crews with access to all areas of the wrecking yard;

         m.   Will have no vegetation upon the site which is sufficient to ignite or sufficient to sustain a fire; and

         n.   Will remove all heavy metals, such as lead, and properly dispose of them before placing any vehicle on the site.

      3.   Automobile wrecking yards, salvage yards, junkyards, boneyards or recycling centers will be allowed only in I-1 and I-2 zones.

   Q.   Illegal Uses: No building permit shall be issued pursuant to this title, unless the work or project is in compliance with this title, any applicable subdivision ordinance, the comprehensive plan or site development ordinances as required by either the city, county or the state. No request for a permit shall be considered so long as an illegal use or a use in violation of this title which is not considered a nonconforming use is in existence. No use which is otherwise made illegal by any other state, federal, county, city or municipal ordinance shall be made permissible because of the language contained herein. (Ord. 2012-05, 5-21-2012)

 

OFFICIAL HEIGHT AND AREA REGULATIONS

 

Notes:

    1.    For exceptions see section 8-10-4 of this chapter.

    2.    See subsection 8-10-3C2 of this chapter.

    3.    Dwelling units.

    4.    10 percent if on 40,000 square feet lot and a proportionally smaller percentage as square footage increase (e.g., 80,000 square feet, 5 percent).

    5.    See section 8-10-3 of this chapter.

    6.    See subsection 8-10-3B of this chapter.

    7.    See subsection 8-10-3B2 of this chapter.

    8.    See subsection 8-10-3D of this chapter.

(Ord. 2012-05, 5-21-2012; amd. Ord. 2015-02, 9-28-2015)