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Weiser City Zoning Code

CHAPTER 4

GENERAL REGULATIONS

10-4-1: APPLICATION OF DISTRICT REGULATIONS:

The regulations set forth by this title for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as set forth in this chapter or elsewhere in this title.
   A.   Conforming Within District: No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed or structurally altered unless in conformity with all of the regulations specified herein and for the district in which it is located.
   B.   Yard, Open Space, Off Street Parking Or Loading Space: No part of a yard or other open space or off street parking or loading space required about or in connection with any building for the purpose of complying with this title shall be included as part of a yard, open space or off street parking or loading space similarly required for any other building.
   C.   Dimension Or Area Of Yard Or Lot: No yard or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall meet at least the minimum standards established by this title.
   D.   Yards Open To Sky: Every front, side and rear yard shall be open to the sky, unobstructed by buildings or structures except for accessory buildings in a rear yard.
   E.   Building Height Limitations; Exceptions: No structure may be erected to exceed the height limits of the zone in which it is located. Aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level, provided said aerial or antenna is erected on a building or in the rear yard area.
   F.   Yards, Open Space Or Lot Area Encroachments Prohibited: The minimum yards or other open spaces, including lot areas per family required by this title for each and every building existing or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
   G.   Number Of Buildings Per Lot; Requirements Generally: Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this title.
   H.   Existing Lots Utilizable When: Any separate lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other area of open space, may be utilized for single residence purposes, provided the requirements for such yard or court or lot area, width, depth or open space are within seventy five percent (75%) of that required by this title. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
   I.   Easements For Public Access Required: No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this title.
   J.   Provisions Not To Affect Certain Plans Or Acts: Nothing in this title shall be deemed to require any change in the plans for construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this title and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within one year. (Ord. 1183, 12-12-2005)

10-4-2: LIMITATIONS OF EXTERNAL EFFECTS:

All existing uses and uses established or placed in operation after the effective date of this title shall comply with the following limitations:
   A.   Volume Of Sound Generated: Every use shall be so operated that the volume of sound and noise inherently and recurrently generated does not become objectionable due to intermittence, beat, frequency or shrillness.
   B.   Vibration Generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of a boundary line of the lot on which the use is located.
   C.   Emission Of Heat, Radiation And Fumes: Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, radiation or fumes beyond any boundary line of the lot on which the use is located.
   D.   Outdoor Storage And Waste Disposal:
      1.   All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent properties.
      2.   All materials or wastes which might cause fumes or dust, which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored only in closed containers. (Ord. 1183, 12-12-2005)

10-4-3: REMOVAL OF TRAFFIC HAZARDS:

   A.   It shall be the responsibility of the owner of real property to remove from such property any hedge, shrubbery, fence, wall or other sight obstruction of any nature, except buildings and trees, where these sight obstructions constitute a traffic hazard. The above sight obstructions shall not extend more than three feet (3') in height above the existing centerline road elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle being defined by measuring from the intersection of the edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting the two (2) points with a straight line. The sight distance obstruction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring forty feet (40') along the railroad property line.
   B.   When the Idaho transportation department or any local authority determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, it shall notify the owner and order that the hazard be removed within fifteen (15) days.
   C.   The failure of the owner to remove such traffic hazard within fifteen (15) days shall constitute an infraction and every day that said owner shall fail to remove said obstruction shall be a separate and distinct offense. (Ord. 1183, 12-12-2005)

10-4-4: ACCESSORY BUILDINGS AND USES:

No accessory building or use shall be erected or maintained and no existing accessory building or use shall be structurally altered, converted, enlarged, moved or maintained unless such accessory building or use is in conformance with the following regulations:
   A.   Except as otherwise required in this title, an accessory building may be located in any portion of a required rear yard.
   B.   Accessory buildings shall not be nearer than two feet (2') to any side or rear lot line, or in any utility easement of record, if any exists, and on a comer lot, said accessory building shall conform to the setback regulations on the side street. The point of measurement shall be from a point on the ground perpendicular to any point on or attached to the main accessory building structure.
   C.   On a reversed corner lot, an accessory building shall not be located nearer to the side lot line on the street side of such corner lot than the front yard depth required on the lot to its rear, nor be located closer than five feet (5') to the side lot line of the lot to its rear.
   D.   Accessory buildings, except buildings housing animals or fowl, may be erected as a part of the principal structure or building or may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with.
   E.   An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of a rear yard. (Ord. 1183, 12-12-2005)