St Maries City Zoning Code

   A.   Front Yard:

      1.   Required Yard: Where any front yard is required, no building shall hereafter be erected nor shall any addition be made to any existing building so that any portion of such new building or addition to an existing building shall be nearer to the property line than the distance indicated by the depth of the required front yard.

      2.   Exceptions: The above requirement is subject to the following exceptions:

         a.   Ornamentation: Eaves, cornices, belt courses and similar ornamentations may project over a front yard not more than two feet (2').

         b.   Porches, Platforms, Terraces: Open porches, platforms or terraces, the floors of which are not higher than the first floor of the building, may extend into the front yard not more than six feet (6').

         c.   Fences, Hedges: Fences or hedges not over forty eight inches (48") in height may be erected or maintained within a front yard.

   B.   Side Yard:

      1.   Required Yard: Where any side yard is required, no building shall be hereafter erected nor shall addition be made to any existing building so that any portion of such new building or addition to an existing building shall be nearer to the side lot line than the distance indicated by the width of the required side yard.

      2.   Exceptions: The above requirement is subject to the following exceptions:

         a.   Ornamentation: Eaves, cornices, belt courses and similar ornamentation may extend over a side yard for a distance of not more than two feet (2').

         b.   Platforms, Terraces, Steps: Platforms, terraces and steps not over forty eight inches (48") in height may be erected within a side yard to rear of the house.

         c.   Chimneys: Chimneys may extend into a side yard a distance of not more than eighteen inches (18").

         d.   Fences, Hedges: Fences or hedges not over seventy two inches (72") in height may be erected or maintained in a side yard with the exception of lots described in subsection D of this section.

   C.   Rear Yard:

      1.   Required Yard: When any rear yard is required, no building shall hereafter be erected nor shall any portion of such new building or addition to an existing building be nearer to the rear of the property line than the distance indicated by the depth of the required rear yard.

      2.   Exceptions: The above requirement is subject to the following exceptions:

         a.   Accessory Buildings: The usual accessory buildings commonly appurtenant to the principal structure erected on the lot, such as private storage garages, fuel storage sheds, private noncommercial greenhouses or a child's playhouse may be erected within a rear yard.

         b.   Ornamentation; Steps, Terraces, Open Porches: Eaves, cornices, steps, platforms, terraces and open porches may extend into a rear yard.

         c.   Fences, Hedges: Fences or hedges not over seventy two inches (72") in height may be erected or maintained within a rear yard.

         d.   Maximum Area Occupied By Buildings: In the R-1 and R-2 zone not more than forty percent (40%) of the rear yard area may be occupied by buildings.

   D.   Adjoining Zones: Whenever a lot located in an R-1, R-2, R-3 or R-4 zone has a side lot line coexistent with the side lot line of a lot in another zone, the side yard requirements of the residential zones shall be applied to the nonresidential zones. (Ord. 2011-677, 6-13-2011)

   A.   Review Of Application For Building Permit: The building inspector shall review all building permit applications for new construction or substantial alteration to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial alteration (including prefabricated and manufactured homes) must:

      1.   Design: Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.

      2.   Materials; Utility Equipment: Use construction materials and utility equipment that are resistant to flood damage.

      3.   Construction Methods: Use construction methods and practices that will minimize flood damage.

   B.   Review Of Subdivision Proposals: The planning and zoning commission shall review subdivision proposals and other new developments to assure that:

      1.   Minimize Flood Damage: All such proposals are consistent with the need to minimize flood damage.

      2.   Public Utilities And Facilities: All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

      3.   Drainage: Adequate drainage is provided so as to reduce exposure to flood hazards.

   C.   Water Supply And/Or Sewage Systems: The planning and zoning commission shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters, and require on site waste disposal system to be located so as to avoid impairment of them or contamination from them during flooding. (Ord. 2011-677, 6-13-2011)

Home occupations are permitted, subject to a special use permit, provided the standards set forth herein are met. Boarding or rooming houses, tourist homes, and bed and breakfast establishments are not considered home occupations.

   A.   The home occupation is incidental and secondary to primary residential use of the dwelling.

   B.   The home occupation is conducted entirely within a building, either principal or accessory.

   C.   Floor area dedicated to the home occupation shall not exceed twenty five percent (25%) of the gross floor area of the level of the principal structure which it occupies. A home occupation conducted in an accessory structure shall not exceed four hundred forty (440) square feet in floor area.

   D.   No home occupation shall be operated in such a manner as to constitute a nuisance, or in any way cause adverse impacts to surrounding and neighboring residential properties in terms of noise, vibration, smoke, odor, radio or TV interference, or related factors.

   E.   No outdoor storage or display is allowed except for one sign not exceeding two (2) linear feet per side. Such sign may be attached to an exterior wall of the structure in which the home occupation is conducted, or it may be posted elsewhere on the property not to exceed a height of four feet (4'). (Ord. 2011-677, 6-13-2011)

Cottage industries are permitted in conjunction with any primary residential use in the R-4 agricultural residence zone subject to a special use permit, and provided the standards set forth herein are met.

   A.   The cottage industry is incidental and secondary to the primary residential use of the subject property.

   B.   Permitted cottage industry uses include, but are not necessarily limited to, agricultural related sales and service (excluding slaughtering, meatpacking, and concentrated animal feeding operations), landscaping, snow removal, trucking, small general automotive repair, septic and well services, building trades, upholstery, light metal fabrication, and woodworking/cabinetry shops.

   C.   No more than three (3) persons who do not reside on the subject property may be employed on site by the cottage industry.

   D.   All work, fabrication, manufacturing and similar operations shall be conducted inside an enclosed building.

   E.   Outdoor storage of material and equipment is allowed, but storage areas shall be effectively screened by fencing and/or landscaping.

   F.   No more than twenty five percent (25%) of the gross floor area of a primary residential structure may be devoted to a cottage industry. Cottage industry operations may be conducted in accessory buildings.

   G.   The minimum lot size on which a cottage industry may be conducted is five (5) acres. (Ord. 2011-677, 6-13-2011)

Accessory residential units are permitted only in conjunction with a new primary residential subdivision subject to a special use permit, and provided the standards set forth herein are met.

   A.   The ARU may be attached to a primary single-family dwelling, be located in a separate accessory structure, or attached to an accessory structure such as a garage or shop, located in an area beside or behind a primary single-family dwelling on the same lot. The ARU shall not exceed six hundred seventy two (672) square feet.

   B.   The lot must conform to the minimum lot standards of the applicable zoning district. Only one accessory unit per lot (including merged lots) is permitted.

   C.   The ARU may not be rented or leased as a separate residence unless the property owner maintains permanent residence in the primary dwelling. Rent or lease of an ARU for a period of less than thirty (30) days is not allowed.

   D.   One off street parking space must be provided for the ARU in addition to the parking requirements of the primary dwelling unit.

   E.   If the ARU is separate from the primary dwelling, separate water and sewer connections are required.

   F.   The exterior treatment of the ARU shall be similar in appearance (siding materials, roofing, colors, etc.) to the primary residential structure. (Ord. 2011-677, 6-13-2011)

   A.   Off Street Parking According To Use: Off street parking shall be provided for all uses according to the standards set forth in this section. Where square footage is given as the basis for the standard, gross square feet of fully enclosed floor space shall be used, including stockrooms and administrative offices. When parking calculations result in a fraction of a space, the parking requirement shall be rounded up to the next whole space.

 

For uses not specifically listed, off street parking shall be determined by the administrator in consultation with the planning and zoning commission.

   B.   Shared Parking: Two (2) or more business establishments may share a common parking area provided that a cross access and parking easement is executed among the owners.

   C.   Reduced Requirement For Shared Parking: The administrator may reduce the required off street parking when two (2) or more businesses share the same parking area, and when, in the judgment of the administrator, patrons of the businesses are likely to combine trips and visit two (2) or more of the businesses on site.

   D.   Handicap Parking: Parking for disabled persons shall be provided according to the schedule found in the Americans with disabilities act.

   E.   Parking Space Standards: Ninety degree (90°) parking spaces shall be at least 18.5 feet in length, including a two foot (2') overhang into a landscaped or open area. Parking overhangs shall not reduce sidewalk width below four feet (4'). Space widths shall be no less than nine feet (9'). For ninety degree (90°) parking spaces, aisle widths (single or double loaded) shall be no less than twenty four feet (24'). For all angled parking, stall length, width, and aisle standards shall be set by the administrator in consultation with the planning and zoning commission.

   F.   Compact Spaces: Up to twenty percent (20%) of the required number of off street parking spaces may be met with signed and designated compact spaces. Ninety degree (90°) compact stalls shall be no less than 16.5 feet in length, including a two foot (2') overhang into landscaped or open space.

Each travel trailer park shall provide one or more service buildings equipped as follows:

   A.   Number Required: For every ten (10) trailer/camper or manufactured home spaces or any part thereof, there shall be one service building.

   B.   Toilet, Laundry/Utility Room: Each service building shall contain one toilet for females, one toilet for males and one laundry/utility room. Toilet facilities for males and females shall be separated by a sound resistant wall.

      1.   Toilet Facilities: Each toilet shall include two (2) water closets, two (2) lavatories and one bathroom. Urinals may be substituted for not more than one-half (1/2) of the water closet fixtures required for males. Each water closet and bathroom shall be in private compartments. Facilities for handicapped must be provided.

      2.   Laundry/Utility Room: Laundry/utility room shall contain one large utility sink, ironing table with electrical outlets, hose connection facilities and clothes drying facilities.

   C.   Sewage Dump Station: One sewage dump station constructed to standards acceptable to the building inspector to be located either with or separate from the service building where sewer connections are not available at each trailer space.

   D.   Location; Construction: Each service building shall:

      1.   Location: Be located not more than two hundred feet (200') from any travel trailer/camper space and at least fifteen feet (15') from any travel trailer/camper space.

      2.   Construction: Be of permanent construction and shall be provided with adequate lighting, heat and ventilation.

      3.   Interior Finish: Have its interior of moisture resistant material to promote frequent washing and cleaning.

      4.   Screens: Have all room ventilation openings effectively screened. (Ord. 2011-677, 6-13-2011)

Permission for the dumping of materials for fill on any land in any zone shall fall within the jurisdiction of the building inspector and said inspector shall ascertain if such dumping will cause undue noise, odor or air pollution not conducive to good amenities and neighborhood environment before granting such a permit. (Ord. 2011-677, 6-13-2011)

   A.   Abuts Side Street: Whenever a side yard or corner lot abuts a side street, such side yard requirements may not be diminished to a sum less than ten feet (10') or less than the side line of existing structures whichever is greater.

   B.   Unobstructed View: In all residence zones there shall be provided an unobstructed view at the triangle formed by the lines of the intersection of streets and a line joining points on such street lines twenty feet (20') distant from their point of intersection. (Ord. 2011-677, 6-13-2011)

   A.   It shall be unlawful for any person to own, keep, or maintain any farm animals in zones other than R-4, except any person may keep, own or maintain chickens on any property within the city, subject to the following conditions:

      1.   A permit obtained from the city is required before keeping or possessing or maintaining chickens on any property within the city. The fee for the permit shall be as set by the city council in accordance with a fee schedule adopted by resolution by the city. Such permit is required to be renewed annually for a fee as set by the city council in accordance with a fee schedule adopted by resolution by the city. Each application shall be in writing, signed by the applicant, and shall contain, at a minimum, the name and address of the applicant, and such further information as may be required by the city. An application for a permit under this section gives the city, upon complaint or on its own initiative, authority to inspect the premises upon which chickens are kept and ascertain and determine whether the conditions of this section are being met.

      2.   Roosters are prohibited.

      3.   Only hens and chicks may be kept in the city of St. Maries. Chicks are chickens under four (4) months old.

      4.   The total number of chickens kept must be no more than ten (10) chickens per single-family residence regardless of the number of parcels owned.

      5.   All persons who keep or maintain chickens shall keep them confined at all times in an enclosure strong enough or staked out, or picketed on the premises, or otherwise kept in such a manner as to prevent the chickens from going upon the premises or property of another.

      6.   An enclosure that provides for safety, protection from the weather, and providing a minimum of two (2) square feet per chicken must be provided. Owners are responsible for protecting their chickens.

      7.   The enclosure must be roofed or otherwise enclosed on top as well as all sides and must be kept clean to prevent offensive odors.

      8.   All feed must be kept in animalproof containers or indoors.

      9.   In residential zones, the enclosures must be located on the side or behind the dwelling unit.

      10.   Animal locations, structures, pens, corrals, and any other premises or structure used to keep the chickens must be kept in a clean and sanitary condition, free from obnoxious odors and substances.

      11.   Chicken enclosures must be set back a minimum of ten feet (10') from the property lines.

      12.   Outside slaughtering of chickens within the city limits is prohibited.

      13.   It shall constitute an infraction punishable by a fine of twenty five dollars ($25.00) to violate, or fail to comply with this section. Each day that such violation continues shall constitute a separate offense. (Ord. 2015-703, 6-8-2015; amd. Ord. 2023-776, 12-21-2023)

Curb cuts in residence zones shall not exceed one 20-foot cut or two (2) 10-foot cuts with a minimum ten inch (10") drain culvert where needed. (Ord. 2011-677, 6-13-2011)