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Power County Unincorporated
City Zoning Code

CHAPTER 8

RR RURAL RESIDENTIAL ZONING DISTRICT

10-8-1: SCOPE; PURPOSE:

This chapter establishes the Rural Residential (RR) Zoning District, the purpose of which is to:
   A.   Provide for continued residential use in existing rural residential areas (existing platted residential subdivisions and some small associated unplatted parcels).
   B.   Serve as a floating zone for future rural residential development, see Land Use Categories section of the Comprehensive Plan. (Ord. 2019-01, 1-14-2019)

10-8-2: PERMITTED USES:

The uses permitted in the RR Zoning District shall be:
   Accessory uses and structures customarily associated with the uses permitted in the RR Zoning District, including the keeping of livestock on fenced or enclosed areas on residential lots at a density of no more than one animal unit per twenty one thousand seven hundred eighty (21,780) square feet, one-half (1/2) acre. See section 10-13-9 of this title for livestock criteria.
   Group daycare facilities, daycare centers, and elementary schools, and churches.
   Home occupations, in compliance with the performance standards of appendix B, section 10-17-2 of this title.
   Residential subdivisions, in compliance with the plan.
   Single-family dwellings. (Ord. 2019-01, 1-14-2019)

10-8-3: SPECIAL PERMIT USES:

The uses permitted in the RR Zoning District after public review for compliance with the applicable performance standards and approval of a special use permit shall be:
   Mobile home parks.
   Multiple-family dwellings. (Ord. 2019-01, 1-14-2019)

10-8-4: PROHIBITED USES:

All uses not permitted by section 10-8-2 or 10-8-3 of this chapter shall be prohibited. (Ord. 2019-01, 1-14-2019)

10-8-5: SPECIFICATION STANDARDS:

The specification standards for the RR Zoning District shall be as shown in the following table:
TABLE 1
SPECIFICATION STANDARDS
All Distances Are From Property Line
Specification
Standard
Specification
Standard
Minimum lot size (varies with land type):
 
 
Slopes over 15 percent
5 acres
 
Ground water vulnerability areas, slopes of 8 percent - 15 percent
2.5 acres
 
Other lands
1 acre, except in certain approved subdivisions
 
Mobile home parks on other lands, with approved water and sewerage systems
6 units per acre
 
Multiple-family dwellings on other lands with approved water and sewerage systems
12 units per acre
Maximum building height
35 feet
Minimum setback from:
 
Property lines along arterial roads
50 feet
 
Property lines along other roads
35 feet
 
Side and rear property lines
10 feet
 
Note that the buffering requirements of section 10-13-8, table 2 of this title, may apply to residences in certain locations, resulting in greater setback requirements.
(Ord. 2019-01, 1-14-2019)

10-8-6: PERFORMANCE STANDARDS:

   A.   Specific To The RR Zoning District:
      1.   Cropland Protection: In considering cropland protection, the PZC should consider:
         a.   Whether a zone, a rezone or a development will have an unnecessarily adverse impact upon continued agricultural operations on adjacent or nearby lands; and
         b.   The resource management easement requirement of subsection 10-4-6A2 of this title is applied.
      2.   Fencing Out Livestock: All RR developments shall provide a lawful fence, as defined by Idaho Code sections 35-101 and 35-102 around their perimeter. This standard applies to new subdivisions and new development on unplatted home sites.
      3.   Fort Hall Indian Reservation: Whenever an application action is received from lands that requires PZC action located in the Fort Hall Indian Reservation boundaries, the Land Use Policy Commission of the Shoshone Bannock Tribes shall be invited to attend the meeting or hearing in which the application will be reviewed or heard.
      4.   Distance From Existing Potential Nuisances:
         a.   RR Development Consideration Criteria: The Board, in considering all RR development that is proposed to be located within two thousand six hundred forty feet (2,640') of an existing dairy, feedlot, fish farm, land application (of wastewater or sludge) field, initial agricultural processing use, farm service use, or mine; the boundary of the HI Zoning District; or, an existing landfill, may either grant or deny said application, after considering the following criteria at a special use hearing:
            (1)   Population density surrounding applicant's property;
            (2)   The nature and type of uses being made on the property surrounding applicant's property;
            (3)   Prevailing wind direction;
            (4)   The availability to, and quality of, roads and highways near the applicant's property;
            (5)   Rights-of-way for ingress, egress, and utilities;
            (6)   The nature, type and intensity of use proposed by applicant;
            (7)   Impact on water and air quality;
            (8)   Impact on public roads and highways;
            (9)   Whether applicant's proposed use will create offensive odors;
            (10)   Any impact, positive or negative, that applicant's use will have upon any existing business or industry within one-half (0.5) mile of applicant's property;
            (11)   Any impact, positive or negative, that applicant's use will have upon any of the aforementioned criteria or other interests not specifically identified herein.
      Conditions: Conditions may be imposed by the Board if the conditions are clearly designed to assure compliance with one or more specific requirements of this title, and a list of all conditions imposed is provided to the developer with notice of the decision.
      Further, in the event the Board finds that a permit should be issued, then prior to issuance of said permit, the applicant shall execute an acknowledgement confirming that they know their land is within one-half (0.5) mile of an existing industrial use or Industrial Zone boundary and that applicant may experience, or suffer, adverse effects therefrom, such as dust, noise, odor, increased traffic, or other undesirable effects not specifically listed herein. In the event the applicant fails or refuses to execute said acknowledgment then the permit shall not issue.
      Furthermore, said acknowledgement shall be recorded in the Office of the Power County Recorder.
         b.   Application Consideration Criteria: The Board, in considering any application, at a special use hearing, to develop or place a new confined feeding operation, land application field, initial agricultural processing use, farm service use, solid waste disposal site, or mine, that will be within two thousand six hundred forty feet (2,640') from an existing residence, residential development, schools or churches, may either grant or deny said application, after considering the criteria identified in subsection A4a of this section.
         c.   Residential Development Consideration Criteria: The Board, in considering any application, at a special use hearing, to develop or place a new residence or residential development that will be within two thousand six hundred forty feet (2,640') from an existing confined feeding operation, land application field, initial agricultural processing use, farm service use, solid waste disposal site, or mine, may either grant or deny said application, after considering the criteria identified in subsection A4a of this section.
         d.   Exception: Transfer stations shall be exempt from this section.
      5.   Signs: See section 10-17-1, appendix A of this title, for sign standards for the RR Zoning District.
      6.   Landscaped Buffers: See section 10-17-3, appendix C of this title, for buffering standards for the RR Zoning District.
      7.   Outdoor Storage: There shall be no outdoor storage within the yards.
      Exception: Operable and inoperable vehicles and boats with a current license may be parked as provided in title 4, chapter 5 of this code.
   B.   Countywide: All developments in the RR Zoning District are subject to the Countywide performance standards of this title, as applicable. (Ord. 2019-01, 1-14-2019; amd. Ord. 2020-02, 2-24-2020)