Wendell City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

5-1-1: TITLE AND PURPOSE:

(A) This title shall be known and cited as "The Zoning Ordinance of the City of Wendell, Idaho."

(B) The purpose of this ordinance are to provide a comprehensive-design to lessen congestion in the streets, to secure from fire, panic and other damages, to promote health and the general welfare, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision for transportation, water, sewage, streets, parks and other requirements, all with the purpose of conserving the value of buildings and land and to encourage the most appropriate use of land within said City. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-2: DEFINITIONS:

For the purposes of this Ordinance certain terms and words are herewith defined as follows:

The words "used for" include "designed for" and vice versa: words used in the present tense include the future; words in the singular number include the plural and vice versa: the word "building" includes "structure"; and the word "shall" is mandatory and not directory.

ACCESSORY USE:	The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises.
AGRICULTURE:	The use of land for farming, dairying, irrigated pasture, cropping, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, producing food fiber, treating, or storing the produce, provided however that:
	A) The Operation of any such accessory uses shall be secondary to that of normal agricultural activities.
	B) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feed, particularly for the purpose of fattening for market.
APARTMENT:	A building or portion thereof designated for or containing dwelling units.
AUTOMOBILE STORAGE SPACE:	Parking and or storage of new and used automobiles which are capable of immediate operation under their own power.
AUTOMOBILE AND TRAILER SALES AREA:	An open area, other than a street used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobiles must be capable of operation under their own power at all time.
BASEMENT:	A space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as a basement space.
BED AND BREAKFAST:	Bed and Breakfast means a professionally run facility providing up to 16 rooms (rooms shall include all rooms open to the guests, not just bedrooms) for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A Bed and Breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area.
BOARDING AND/OR LODGING HOUSE INCLUDING ROOMING HOUSE:	A building or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation.
BUILDING:	Any type of construction of which the structural framework is enclosed and built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, HEIGHT OF:	The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, EXISTING:	A building erected prior to the adopted of this code, or one for which a legal building permit has been issued.
BUILDING, TEMPORARY:	A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BUILDING, PORTABLE:	A structure that is not permanently attached to a foundation and is designed to be moved. Not to include Recreation Vehicles, Mobile Homes or Manufactured Homes.
CARPORT, DETACHED:	A roofed structure of which the sides and ends are not enclosed with materials of any kind and completely surrounded by open space.
CARPORT, ATTACHED:	Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
COMMISSION:	The Zoning, Planning and Zoning, Joint Planning and Zoning Commission appointed by the Council.
COUNCIL:	The City Council of the City of Wendell, Idaho.
CONCENTRATED ANIMAL FEEDING OPERATION:	Concentrated animal feeding operation (CAFO) shall mean all agricultural operations that exceed five (5) units per acre in pasturing density for a period of more than six months out of each year. Such operations shall not be limited to an overall number of animals, provided the acre density is not exceeded for the total site. Animal unit shall be defined as follows:
CONCENTRATED ANIMAL FEEDING OPERATION:	Multiply the number of animals by the animal equivalency factor to determine animal units:

Animal Type	Animal Equivalency Factor
Cattle over 700 pounds, (slaughter, feeder, dairy etc.)	1.0 AU
Cattle from 400 to 700 pounds	.7 AU
Calves under 400 pounds	.1 AU
Cow/calf pair	1.2 AU
Mature dairy cattle (milked or dry cows)	1.0 AU
Swine, (each weighing over 55 pounds)	.4 AU
Horse	1.0 AU
Sheep or lambs	.2AU
Turkey	.02 AU
Laying hen/broiler	.01 AU
Goat	.2AU
For species not specified in this list, 750 pounds of livestock are equivalent to one animal unit. For example: Bison, Llamas, Donkeys, etc., shall use the above weight equivalency unit.

DEVELOPMENT:	Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DRIVE-IN ESTABLISHMENT:	Drive-in establishment means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
DWELLING:	A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, trailers, camp-cars, or trailer houses.
DWELLING UNIT:	Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living and sleeping purposes.
DWELLING, ONE-FAMILY:	A detached building designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY:	A building designed exclusively for occupancy by two families living independently of each other, including duplex and semi-detached houses.
DWELLING, MULTIPLE:	A building or portion thereof, designed for occupancy by three or more families living independently of each other and including apartment hotels.
FAMILY:	See OCCUPANCY in this definition section.
FRONTAGE, ENTIRE:	All the property fronting on one (1) side of a street between intersecting streets, or between a street and a right-of-way, waterway, end of dead end Street, or city boundary, measured along the street line. An intersecting street shall determine only the boundary of the frontage on the side of the street which it intersects.
GARAGE, PRIVATE:	A building or a portion of a building in which only motor vehicles used by the tenants of the building on the premises are stored or kept.
GARAGE, ATTACHED:	A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
GARAGE, DETACHED:	A garage which is completely surrounded by open space.
GOVERNING AUTHORITY:	The City Commission of the City of Wendell, Idaho.
HOME OCCUPATION:	Any occupation or profession by one or more members of an immediate family, without employees and located in not more than two rooms of a residence or its accessory building and without storage of materials or stock of finished products for sale on the premises to the extent that there would be any outside indication of such occupation.
HOTEL:	Any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
HOSPITAL:	An institution for the medical and surgical treatment and care for sick and wounded humans.
INDUSTRIAL USES:
Light Industrial Use:	Any manufacturing processing, testing, energy production, storing, assembling, testing and similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, light generally are contained within a building or does not extend beyond the property lines to have measurable impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock.
Heavy Industrial Use:	Any manufacture, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic does extend beyond the confines of the property and may have a detrimental effect on neighboring property
JUNK YARD:	Any area where discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, handled or stored but not including areas where such uses are conducted entirely within a completely enclosed building.
KENNEL:	Any lot or premises on which three (3) or more dogs, at least six (6) months of age are kept.
LANDSCAPING:	Landscaping shall include plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of one gallon, five gallon and fifteen gallon sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative "hard surface" materials such as, but not limited to, volcanic rock, gravel or textured paving or "soft surfaces" such as, but not limited to, redwood bark or wood chips may be utilized to fill up to 40% of the required landscaped area.
LOADING SPACE:	An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT:	A parcel of land occupied or designed to be occupied by a building and the accessory buildings or uses customarily incident to it including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a recorded plant.
LOT LINES:	The lines bounding a lot as defined herein.
LOT, WIDTH OF:	The mean width measured at right angles to its depth:
LOT DEPTH:	The horizontal distance between the front and rear hot lines, measured along the median between the two side lot lines.
LOT, CORNER:	A lot situated at the intersection of two (2) or more streets.
LOT, REVERSED CORNER:	A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear.
LOT, INTERIOR:	A lot other than a corner lot.
LOW DENSITY - A ZONE:	A parcel of land not less than 5 acres, with only I single family dwelling unit and/or outbuildings.
MANUFACTURED HOME:	A structure built since June 15, 1976 that bears the seal of HUD indicating it has met the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD Standards) and is used as a permanent dwelling. Manufactured homes shall comply with the siting and development standards set forth in Idaho Code section 67-6509A.
MANUFACTURED HOME PARK:	Any area, tract, plot, or site of land, whereupon two (2) or more manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person, firm, trust, partnership, public or private association or corporation holding the land. Any development will conform to Chapter 14.
MOBILE HOME:	A structure that is transportable in one section built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, not to include recreational vehicles. No mobile home may be placed on a single-family lot within the City after the effective date of this ordinance unless it meets the rehabilitation standard as specified in Title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated above.
NON-CONFORMING BUILDING:	A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was used, designed, erected, or structurally altered, for a use that does not conform to the use regulations of the district in which it is located.
NON-CONFORMING USE:	A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is located.
OCCUPANCY:	Occupancy shall mean that no residential dwelling shall be occupied by more than two adult persons per bedroom.
PARKING SPACE, AUTOMOBILE:	Space within a building or public parking area for the temporary parking or storage of one (1) automobile.
PATIO:	Same as carport.
PORCH:	Porch, a covered entrance to a building.
PREMISES:	An area of land including a lot, with or without buildings.
RECREATIONAL VEHICLE OR TRAVEL TRAILER:	A vehicular type unit designed as temporary dwelling for recreational, camping or travel use which is either self propelled, self-contained, or mounted on or drawn by another vehicle; including all recreational vehicles, camping trailers, truck campers, and motor homes.
RECREATIONAL VEHICLE/TRAVEL TRAILER PARK:	Rental space for recreational vehicles/travel trailers on a limited basis, generally overnight but normally not longer than six (6) months. This may include motor homes and pickup campers. Any development must conform with Chapter 14.
ROOMING HOUSE:	See “Boarding House”.
SERVICE STATION:	A building or portion thereof and land used for supplying fuel, oil, and minor accessories for motor vehicles at retail direct to the customer and for making minor emergency repairs.
STREET:	A public thoroughfare not less then thirty (30) feet in width, which affords principal means of access to abutting property.
STREET GRADE:	The officially established grade, the existing grade of the street shall be taken as the street grade.
STRUCTURE:	Any type of construction of which the structural framework is not enclosed.
STRUCTURAL ALTERATIONS:	Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
THEATER OUTDOOR DRIVE-IN:	An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
USE:	The purpose of which land or a building is arranged, designed or intended for which either land or a building may be occupied or maintained.
VARIANCE:	Variance means a modification of the requirements of this title as to bulk, placement requirements, lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
YARD:	An open space on a lot, unoccupied arid unobstructed from the ground upward, except as otherwise provided in this Ordinance.
YARD FRONT:	A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD REAR:	A yard extending across the full width of the lot, between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.
YARD SIDE:	A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.
ZONING DISTRICT:	A section of the City for which uniform regulations concerning the height, area, size and the use of buildings and premises within said section are established. (Ord. 422, 11-14-2001; amd. Ord. 431, 10-24-2002; Ord. 517-2013, 1-17-2013; Ord. 534-2018, 2-15-2018)

5-1-3: CONFORMANCE AND PERMITS REQUIRED:

No building or structure shall be hereafter erected, reconstructed, structurally altered, enlarged, or moved; nor shall any building, structure, or land be hereafter used for any use other than is permitted in the district in which such building, structure, or land is located and then only after applying for and securing a permit. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-4: AREA REQUIREMENTS, EXCEPTIONS:

Except as herein provided, no building or structure nor the enlargement of any building or structure, shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the area, use and yard regulations of the district in which it is located.

Exceptions to Area Requirements:

(A) The front, rear and side yard requirements shall be waived where dwelling units are erected above stores, shops or other commercial uses, not requiring such yards.

(B) No lot area shall at any time be so reduced that the front, rear or side yard shall be smaller than prescribed by this Title.

(C) Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as herein provided for accessory building roof-overhang not exceeding thirty (30) inches, unenclosed entrance platforms and the ordinary projection of sills, belt courses, cornices, chimneys and flues.

(D) On any corner lot on which a front yard is required by this Title, no wall, non- vision fence, or other structure shall be erected, and no hedge, shrub, tree or growth exceeding three (3) feet above the street grade shall be maintained within the triangular area formed by the intersecting property lines and a straight line joining said property line at points which are thirty (30) feet distant from the point of intersection, measured along said street lines. (See Fence Ordinance # 437 Fence Ordinance).

(E) On interior lots, no non-vision fence of any kind, projecting from the front building line to the front property line shall exceed a height of three feet (3') except for unobstructed fencing which shall not exceed sixty inches (60") in height (See Fence Ordinance # 439A Fence Ordinance).

(F) On lots of irregular shape where the yard regulations can be determined but cannot be reasonably complied with, or on lots so located that appropriate improvements cannot be secured through strict adherence to the yard regulations, the yard regulations may be modified by the City Council.

(G) Fences shall not extend into the city easements or right of ways that are in use. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-5: YARDS IN CASE OF CORNER LOTS:

(A) For the "R" Zoning Districts the side yard regulations for corner lots shall be the same as for interior lots, except in the case of a reversed corner lot. In this case, there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, but such side yards need not exceed fifteen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard line required on the lot in the rear, nor be located nearer than ten (10) feet to the side lot line of such key lot.

(B) For the "C" and "I" Zoning Districts and where a reversed corner lot rears upon the side of a lot, the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, but such side yard as mentioned need not exceed ten (10) feet in width. No accessory buildings on said reversed corner lot shall project beyond the front yard line required on the lot in the rear, nor shall be located nearer than five (5) feet to the side lot line of such lot. (Ord. 534-2018, 2-15-2018)

5-1-6: IMPROVEMENTS:

(A) Curbing and Sidewalks: Concrete curb and gutter and sidewalk shall be constructed in accordance with City Regulations on all streets bordering on property in all districts.

(B) Planting: All areas not occupied by buildings or pavement shall be kept free of weeds.

(C) All parking area shall be flood lighted at night during business hours, and all outside lighting shall be so arranged as to prevent any nuisance or inconvenience to neighboring properties.

(D) No part of any service station pump island shall be closer than twelve (12) feet to any property line in any district in which a service station is a permitted use and no marquee or canopy above a service station pump island located in a District shall be closer than ten (10) feet to any property line.

(E) Drainage: No drainage shall be allowed to pass over sidewalks in any district but shall be contained on the site of any development and allowed to drain into the soil at rates equal to normal saturation rates. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-7: SCREENING:

Where any lot or parcel located in a commercial or industrial district is used for any use other than residential and such lot or parcel abuts and/or adjoins any lot located in a district, said lot or parcel shall be screened from said residential lot or lots by fencing, masonry walls or other methods to be approved by the City Council. Screening shall be arranged to provide complete obstruction of view and a height of not less than seven (7) feet on the side or end not bounded by a street or alley, and be constructed to reduce noise and to eliminate trash from blowing into said residential lot or lots. The provision of subsections 5-1-4(D) and (E) hereof shall govern where conflicting herewith. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-8: INTERPRETATIONS, ADJUSTMENTS AND VARIANCES:

(A) Interpretations: The City Council have the power and authority to interpret the provisions of this Title in its application to any specific case or situation and the Commission shall interpret the intent of any provision in its application and said interpretation shall be followed in applying the provisions of this Title. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-9: SPECIAL USE PERMITS:

(A) Application for Special Use Permit: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

The Commission shall hold a public meeting on a special use permit application as specified in this Section. The Commission may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this Section.

(B) Application information: An application for special use permit shall be filed with the City Clerk by either the owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:

1. Name, address and phone number of applicant.

2. Legal description of property (with street address).

3. Description of proposed special use.

4. Zoning district.

5. A plan of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, and such other information as the City may require to determine if the proposed special use meets the intent and requirements of this Section and the Comprehensive Plan.

6. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.

(C) Review of Circumstances by Commission: The Commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

1. Will, in fact, constitute a special use as established in this Section for the zoning district involved, in that it is not already defined as a permitted use in the zoned area.

2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance.

3. Will be designed, constructed, operated and maintained 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.

4. Will not be hazardous or disturbing to existing or future neighboring uses.

5. Will be served adequately by essential public facilities and services and/or that the persons or agencies responsible for establishment for the proposed use shall be able to provide adequately for any such services.

6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major Importance.

7. Applies only to the holder of the permit and, does not run with the property.

(D) Conditions, Bonds and Safeguards. In granting any special use, the Commission may prescribe appropriate conditions, bonds and safeguards in conformity with this Section. Violations of such conditions, bonds or safeguards, when made a, part of the terms under which the special use is granted, shall be deemed a violation of this Section.

(E) Public Hearing- Prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice of the hearing shall also be provided by the applicant to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the P&Z Commission. When notice is required to two hundred (200) or more property owners or residences, in lieu of mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears at least ten (10) days prior to the public hearing.

(F) Fees Paid In Advance: All publications and notices required in this Section shall be paid for in advance by the applicant requesting the special use permit.

(G) Grant or Deny Application: Appeal Council Decision: Within thirty (30) days after the public hearing, the Commission shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the Commission shall direct the Administrator to issue a special use permit listing the special conditions specified by the Commission for approval after the appeal period has elapsed.

1. Upon granting of a special use permit, conditions may be attached to the special use permit including, but not limited to:

(a) Minimizing adverse impact on other developments.

(b) Controlling the sequence and timing of development.

(d) Assuring the development is properly maintained.

(e) Designating the exact location and nature of the development.

(f) Requiring the provision for on-site or off-site public facilities or services.

(g) Requiring more restrictive standards than those generally required in this Section.

3. Prior to granting a special use permit, the Commission may request studies from a special planning staff or other request an engineering study to be done at applicant's expense. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one parcel of land to another.

4. Upon granting or denying an application, the Commission shall specify:

(a) The ordinance and standards used in evaluating the application.

(b) The reasons for approval or denial.

5. The applicant, or any affected person who appeared in person or in writing before the Commission may appeal the decision to the City Council. Upon decision of the City Council, such appeal may proceed to the district court as provided in the Idaho Code.

6. Within ten (10) days after a decision has been rendered the City Clerk shall provide the applicant with written notice of the action on the request. (Ord. 357, 8-29-1991; amd. Ord. 431, 10-24-2002; Ord. 534-2018, 2-15-2018)

5-1-10: MANUFACTURED HOMES AND MOBILE HOMES:

(A) Manufactured Homes:

1. All installers of manufactured homes shall obtain a building permit from the City Building Inspector to ensure that the manufactured home is hereby placed on a site in accordance with the Idaho Manufactured Home Installation Standard regulating the perimeter foundation, the anchoring of the structure to its foundation and other building requirements as set forth by the State of Idaho.

2. Manufactured homes shall comply with the siting and development standards as listed below, and as set forth in Idaho Code section 67-6509A. as amended except for the provisions of subsection 4(E), and the latest edition of the Idaho Manufactured Home Installation Standard as adopted by the State of Idaho.

(B) Shall be at least twenty-four feet (24') wide, with a minimum floor area of one thousand (1,000) square feet.

(D) Shall have a suitable residential siding.

(E) Shall have a foundation fascia that is similar in appearance and durability of a masonry foundation of site-built dwellings and which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.

(F) Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.

(G) Shall obtain a building permit from the City Building Inspector to insure that the manufactured home is placed on site in accordance with the latest edition of the Idaho Manufactured Home Installation standard.

(H) Shall meet all other State of Idaho requirements.

1. The contractor or installers of manufactured homes shall obtain a siting permit pursuant to Idaho Code section 44-2202. The cost of such permit shall be set by the City by resolution.

2. Manufactured homes shall be allowed in those zoned areas that allow residential homes to be built.

3. Mobile Homes: Mobile homes will only be allowed in designated manufactured/mobile home parks or on a single family lot if meeting the siting standards set forth for manufactured homes and meeting the Rehabilitation Standards as set forth in Idaho Code, Title 44. (Ord. 391, 9-25-1996; amd. Ord. 431, 10-24-2002; Ord. 534-2018, 2-15-2018)

Wendell City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

5-1-1: TITLE AND PURPOSE:

(A) This title shall be known and cited as "The Zoning Ordinance of the City of Wendell, Idaho."

5-1-2: DEFINITIONS:

For the purposes of this Ordinance certain terms and words are herewith defined as follows:

ACCESSORY USE:	The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises.
AGRICULTURE:	The use of land for farming, dairying, irrigated pasture, cropping, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, producing food fiber, treating, or storing the produce, provided however that:
	A) The Operation of any such accessory uses shall be secondary to that of normal agricultural activities.
	B) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feed, particularly for the purpose of fattening for market.
APARTMENT:	A building or portion thereof designated for or containing dwelling units.
AUTOMOBILE STORAGE SPACE:	Parking and or storage of new and used automobiles which are capable of immediate operation under their own power.
AUTOMOBILE AND TRAILER SALES AREA:	An open area, other than a street used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobiles must be capable of operation under their own power at all time.
BASEMENT:	A space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as a basement space.
BED AND BREAKFAST:	Bed and Breakfast means a professionally run facility providing up to 16 rooms (rooms shall include all rooms open to the guests, not just bedrooms) for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A Bed and Breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area.
BOARDING AND/OR LODGING HOUSE INCLUDING ROOMING HOUSE:	A building or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation.
BUILDING:	Any type of construction of which the structural framework is enclosed and built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, HEIGHT OF:	The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, EXISTING:	A building erected prior to the adopted of this code, or one for which a legal building permit has been issued.
BUILDING, TEMPORARY:	A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BUILDING, PORTABLE:	A structure that is not permanently attached to a foundation and is designed to be moved. Not to include Recreation Vehicles, Mobile Homes or Manufactured Homes.
CARPORT, DETACHED:	A roofed structure of which the sides and ends are not enclosed with materials of any kind and completely surrounded by open space.
CARPORT, ATTACHED:	Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
COMMISSION:	The Zoning, Planning and Zoning, Joint Planning and Zoning Commission appointed by the Council.
COUNCIL:	The City Council of the City of Wendell, Idaho.
CONCENTRATED ANIMAL FEEDING OPERATION:	Concentrated animal feeding operation (CAFO) shall mean all agricultural operations that exceed five (5) units per acre in pasturing density for a period of more than six months out of each year. Such operations shall not be limited to an overall number of animals, provided the acre density is not exceeded for the total site. Animal unit shall be defined as follows:
CONCENTRATED ANIMAL FEEDING OPERATION:	Multiply the number of animals by the animal equivalency factor to determine animal units:

Animal Type	Animal Equivalency Factor
Cattle over 700 pounds, (slaughter, feeder, dairy etc.)	1.0 AU
Cattle from 400 to 700 pounds	.7 AU
Calves under 400 pounds	.1 AU
Cow/calf pair	1.2 AU
Mature dairy cattle (milked or dry cows)	1.0 AU
Swine, (each weighing over 55 pounds)	.4 AU
Horse	1.0 AU
Sheep or lambs	.2AU
Turkey	.02 AU
Laying hen/broiler	.01 AU
Goat	.2AU
For species not specified in this list, 750 pounds of livestock are equivalent to one animal unit. For example: Bison, Llamas, Donkeys, etc., shall use the above weight equivalency unit.

DEVELOPMENT:	Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DRIVE-IN ESTABLISHMENT:	Drive-in establishment means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
DWELLING:	A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, trailers, camp-cars, or trailer houses.
DWELLING UNIT:	Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living and sleeping purposes.
DWELLING, ONE-FAMILY:	A detached building designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY:	A building designed exclusively for occupancy by two families living independently of each other, including duplex and semi-detached houses.
DWELLING, MULTIPLE:	A building or portion thereof, designed for occupancy by three or more families living independently of each other and including apartment hotels.
FAMILY:	See OCCUPANCY in this definition section.
FRONTAGE, ENTIRE:	All the property fronting on one (1) side of a street between intersecting streets, or between a street and a right-of-way, waterway, end of dead end Street, or city boundary, measured along the street line. An intersecting street shall determine only the boundary of the frontage on the side of the street which it intersects.
GARAGE, PRIVATE:	A building or a portion of a building in which only motor vehicles used by the tenants of the building on the premises are stored or kept.
GARAGE, ATTACHED:	A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
GARAGE, DETACHED:	A garage which is completely surrounded by open space.
GOVERNING AUTHORITY:	The City Commission of the City of Wendell, Idaho.
HOME OCCUPATION:	Any occupation or profession by one or more members of an immediate family, without employees and located in not more than two rooms of a residence or its accessory building and without storage of materials or stock of finished products for sale on the premises to the extent that there would be any outside indication of such occupation.
HOTEL:	Any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
HOSPITAL:	An institution for the medical and surgical treatment and care for sick and wounded humans.
INDUSTRIAL USES:
Light Industrial Use:	Any manufacturing processing, testing, energy production, storing, assembling, testing and similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, light generally are contained within a building or does not extend beyond the property lines to have measurable impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock.
Heavy Industrial Use:	Any manufacture, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic does extend beyond the confines of the property and may have a detrimental effect on neighboring property
JUNK YARD:	Any area where discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, handled or stored but not including areas where such uses are conducted entirely within a completely enclosed building.
KENNEL:	Any lot or premises on which three (3) or more dogs, at least six (6) months of age are kept.
LANDSCAPING:	Landscaping shall include plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of one gallon, five gallon and fifteen gallon sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative "hard surface" materials such as, but not limited to, volcanic rock, gravel or textured paving or "soft surfaces" such as, but not limited to, redwood bark or wood chips may be utilized to fill up to 40% of the required landscaped area.
LOADING SPACE:	An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT:	A parcel of land occupied or designed to be occupied by a building and the accessory buildings or uses customarily incident to it including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a recorded plant.
LOT LINES:	The lines bounding a lot as defined herein.
LOT, WIDTH OF:	The mean width measured at right angles to its depth:
LOT DEPTH:	The horizontal distance between the front and rear hot lines, measured along the median between the two side lot lines.
LOT, CORNER:	A lot situated at the intersection of two (2) or more streets.
LOT, REVERSED CORNER:	A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear.
LOT, INTERIOR:	A lot other than a corner lot.
LOW DENSITY - A ZONE:	A parcel of land not less than 5 acres, with only I single family dwelling unit and/or outbuildings.
MANUFACTURED HOME:	A structure built since June 15, 1976 that bears the seal of HUD indicating it has met the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD Standards) and is used as a permanent dwelling. Manufactured homes shall comply with the siting and development standards set forth in Idaho Code section 67-6509A.
MANUFACTURED HOME PARK:	Any area, tract, plot, or site of land, whereupon two (2) or more manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person, firm, trust, partnership, public or private association or corporation holding the land. Any development will conform to Chapter 14.
MOBILE HOME:	A structure that is transportable in one section built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, not to include recreational vehicles. No mobile home may be placed on a single-family lot within the City after the effective date of this ordinance unless it meets the rehabilitation standard as specified in Title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated above.
NON-CONFORMING BUILDING:	A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was used, designed, erected, or structurally altered, for a use that does not conform to the use regulations of the district in which it is located.
NON-CONFORMING USE:	A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is located.
OCCUPANCY:	Occupancy shall mean that no residential dwelling shall be occupied by more than two adult persons per bedroom.
PARKING SPACE, AUTOMOBILE:	Space within a building or public parking area for the temporary parking or storage of one (1) automobile.
PATIO:	Same as carport.
PORCH:	Porch, a covered entrance to a building.
PREMISES:	An area of land including a lot, with or without buildings.
RECREATIONAL VEHICLE OR TRAVEL TRAILER:	A vehicular type unit designed as temporary dwelling for recreational, camping or travel use which is either self propelled, self-contained, or mounted on or drawn by another vehicle; including all recreational vehicles, camping trailers, truck campers, and motor homes.
RECREATIONAL VEHICLE/TRAVEL TRAILER PARK:	Rental space for recreational vehicles/travel trailers on a limited basis, generally overnight but normally not longer than six (6) months. This may include motor homes and pickup campers. Any development must conform with Chapter 14.
ROOMING HOUSE:	See “Boarding House”.
SERVICE STATION:	A building or portion thereof and land used for supplying fuel, oil, and minor accessories for motor vehicles at retail direct to the customer and for making minor emergency repairs.
STREET:	A public thoroughfare not less then thirty (30) feet in width, which affords principal means of access to abutting property.
STREET GRADE:	The officially established grade, the existing grade of the street shall be taken as the street grade.
STRUCTURE:	Any type of construction of which the structural framework is not enclosed.
STRUCTURAL ALTERATIONS:	Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
THEATER OUTDOOR DRIVE-IN:	An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
USE:	The purpose of which land or a building is arranged, designed or intended for which either land or a building may be occupied or maintained.
VARIANCE:	Variance means a modification of the requirements of this title as to bulk, placement requirements, lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
YARD:	An open space on a lot, unoccupied arid unobstructed from the ground upward, except as otherwise provided in this Ordinance.
YARD FRONT:	A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD REAR:	A yard extending across the full width of the lot, between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.
YARD SIDE:	A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.
ZONING DISTRICT:	A section of the City for which uniform regulations concerning the height, area, size and the use of buildings and premises within said section are established. (Ord. 422, 11-14-2001; amd. Ord. 431, 10-24-2002; Ord. 517-2013, 1-17-2013; Ord. 534-2018, 2-15-2018)

5-1-3: CONFORMANCE AND PERMITS REQUIRED:

5-1-4: AREA REQUIREMENTS, EXCEPTIONS:

Exceptions to Area Requirements:

(A) The front, rear and side yard requirements shall be waived where dwelling units are erected above stores, shops or other commercial uses, not requiring such yards.

(B) No lot area shall at any time be so reduced that the front, rear or side yard shall be smaller than prescribed by this Title.

(G) Fences shall not extend into the city easements or right of ways that are in use. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-5: YARDS IN CASE OF CORNER LOTS:

5-1-6: IMPROVEMENTS:

(A) Curbing and Sidewalks: Concrete curb and gutter and sidewalk shall be constructed in accordance with City Regulations on all streets bordering on property in all districts.

(B) Planting: All areas not occupied by buildings or pavement shall be kept free of weeds.

(C) All parking area shall be flood lighted at night during business hours, and all outside lighting shall be so arranged as to prevent any nuisance or inconvenience to neighboring properties.

5-1-7: SCREENING:

5-1-8: INTERPRETATIONS, ADJUSTMENTS AND VARIANCES:

5-1-9: SPECIAL USE PERMITS:

1. Name, address and phone number of applicant.

2. Legal description of property (with street address).

3. Description of proposed special use.

4. Zoning district.

1. Will, in fact, constitute a special use as established in this Section for the zoning district involved, in that it is not already defined as a permitted use in the zoned area.

2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance.

4. Will not be hazardous or disturbing to existing or future neighboring uses.

6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major Importance.

7. Applies only to the holder of the permit and, does not run with the property.

(F) Fees Paid In Advance: All publications and notices required in this Section shall be paid for in advance by the applicant requesting the special use permit.

1. Upon granting of a special use permit, conditions may be attached to the special use permit including, but not limited to:

(a) Minimizing adverse impact on other developments.

(b) Controlling the sequence and timing of development.

(d) Assuring the development is properly maintained.

(e) Designating the exact location and nature of the development.

(f) Requiring the provision for on-site or off-site public facilities or services.

(g) Requiring more restrictive standards than those generally required in this Section.

4. Upon granting or denying an application, the Commission shall specify:

(a) The ordinance and standards used in evaluating the application.

(b) The reasons for approval or denial.

5-1-10: MANUFACTURED HOMES AND MOBILE HOMES:

(A) Manufactured Homes:

(B) Shall be at least twenty-four feet (24') wide, with a minimum floor area of one thousand (1,000) square feet.

(D) Shall have a suitable residential siding.

(F) Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.

(H) Shall meet all other State of Idaho requirements.

1. The contractor or installers of manufactured homes shall obtain a siting permit pursuant to Idaho Code section 44-2202. The cost of such permit shall be set by the City by resolution.

2. Manufactured homes shall be allowed in those zoned areas that allow residential homes to be built.

Wendell City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

5-1-1: TITLE AND PURPOSE:

(A) This title shall be known and cited as "The Zoning Ordinance of the City of Wendell, Idaho."

5-1-2: DEFINITIONS:

For the purposes of this Ordinance certain terms and words are herewith defined as follows:

ACCESSORY USE:	The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises.
AGRICULTURE:	The use of land for farming, dairying, irrigated pasture, cropping, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, producing food fiber, treating, or storing the produce, provided however that:
	A) The Operation of any such accessory uses shall be secondary to that of normal agricultural activities.
	B) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feed, particularly for the purpose of fattening for market.
APARTMENT:	A building or portion thereof designated for or containing dwelling units.
AUTOMOBILE STORAGE SPACE:	Parking and or storage of new and used automobiles which are capable of immediate operation under their own power.
AUTOMOBILE AND TRAILER SALES AREA:	An open area, other than a street used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobiles must be capable of operation under their own power at all time.
BASEMENT:	A space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as a basement space.
BED AND BREAKFAST:	Bed and Breakfast means a professionally run facility providing up to 16 rooms (rooms shall include all rooms open to the guests, not just bedrooms) for temporary overnight accommodations, and where the owner-innkeeper is resident on the property. A Bed and Breakfast provides breakfast for overnight guests, but does not provide a restaurant and/or bar. Exterior signage must conform with sign ordinances of that zone and area.
BOARDING AND/OR LODGING HOUSE INCLUDING ROOMING HOUSE:	A building or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation.
BUILDING:	Any type of construction of which the structural framework is enclosed and built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, HEIGHT OF:	The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, EXISTING:	A building erected prior to the adopted of this code, or one for which a legal building permit has been issued.
BUILDING, TEMPORARY:	A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BUILDING, PORTABLE:	A structure that is not permanently attached to a foundation and is designed to be moved. Not to include Recreation Vehicles, Mobile Homes or Manufactured Homes.
CARPORT, DETACHED:	A roofed structure of which the sides and ends are not enclosed with materials of any kind and completely surrounded by open space.
CARPORT, ATTACHED:	Having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
COMMISSION:	The Zoning, Planning and Zoning, Joint Planning and Zoning Commission appointed by the Council.
COUNCIL:	The City Council of the City of Wendell, Idaho.
CONCENTRATED ANIMAL FEEDING OPERATION:	Concentrated animal feeding operation (CAFO) shall mean all agricultural operations that exceed five (5) units per acre in pasturing density for a period of more than six months out of each year. Such operations shall not be limited to an overall number of animals, provided the acre density is not exceeded for the total site. Animal unit shall be defined as follows:
CONCENTRATED ANIMAL FEEDING OPERATION:	Multiply the number of animals by the animal equivalency factor to determine animal units:

Animal Type	Animal Equivalency Factor
Cattle over 700 pounds, (slaughter, feeder, dairy etc.)	1.0 AU
Cattle from 400 to 700 pounds	.7 AU
Calves under 400 pounds	.1 AU
Cow/calf pair	1.2 AU
Mature dairy cattle (milked or dry cows)	1.0 AU
Swine, (each weighing over 55 pounds)	.4 AU
Horse	1.0 AU
Sheep or lambs	.2AU
Turkey	.02 AU
Laying hen/broiler	.01 AU
Goat	.2AU
For species not specified in this list, 750 pounds of livestock are equivalent to one animal unit. For example: Bison, Llamas, Donkeys, etc., shall use the above weight equivalency unit.

DEVELOPMENT:	Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DRIVE-IN ESTABLISHMENT:	Drive-in establishment means an establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make purchase or receive services.
DWELLING:	A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, trailers, camp-cars, or trailer houses.
DWELLING UNIT:	Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living and sleeping purposes.
DWELLING, ONE-FAMILY:	A detached building designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY:	A building designed exclusively for occupancy by two families living independently of each other, including duplex and semi-detached houses.
DWELLING, MULTIPLE:	A building or portion thereof, designed for occupancy by three or more families living independently of each other and including apartment hotels.
FAMILY:	See OCCUPANCY in this definition section.
FRONTAGE, ENTIRE:	All the property fronting on one (1) side of a street between intersecting streets, or between a street and a right-of-way, waterway, end of dead end Street, or city boundary, measured along the street line. An intersecting street shall determine only the boundary of the frontage on the side of the street which it intersects.
GARAGE, PRIVATE:	A building or a portion of a building in which only motor vehicles used by the tenants of the building on the premises are stored or kept.
GARAGE, ATTACHED:	A garage having all or part of one wall common to the dwelling or to a covered porch attached to the dwelling.
GARAGE, DETACHED:	A garage which is completely surrounded by open space.
GOVERNING AUTHORITY:	The City Commission of the City of Wendell, Idaho.
HOME OCCUPATION:	Any occupation or profession by one or more members of an immediate family, without employees and located in not more than two rooms of a residence or its accessory building and without storage of materials or stock of finished products for sale on the premises to the extent that there would be any outside indication of such occupation.
HOTEL:	Any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
HOSPITAL:	An institution for the medical and surgical treatment and care for sick and wounded humans.
INDUSTRIAL USES:
Light Industrial Use:	Any manufacturing processing, testing, energy production, storing, assembling, testing and similar uses. Any by-products of noise, smoke, odor, glare, gas, vibration, dust, light generally are contained within a building or does not extend beyond the property lines to have measurable impact upon the surrounding properties. It does not refer to the growing of agricultural crops, or the raising of livestock.
Heavy Industrial Use:	Any manufacture, processing, or testing of goods and materials, including the production of power, where the byproducts of such use include noise, smoke, odor, glare, gas, vibration, dust, light, or traffic does extend beyond the confines of the property and may have a detrimental effect on neighboring property
JUNK YARD:	Any area where discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, handled or stored but not including areas where such uses are conducted entirely within a completely enclosed building.
KENNEL:	Any lot or premises on which three (3) or more dogs, at least six (6) months of age are kept.
LANDSCAPING:	Landscaping shall include plant material which includes the use of a mixture of ground covers, shrubs and trees in a variety of one gallon, five gallon and fifteen gallon sizes. Preferences shall be given to the use of drought tolerant, low maintenance native species. Decorative "hard surface" materials such as, but not limited to, volcanic rock, gravel or textured paving or "soft surfaces" such as, but not limited to, redwood bark or wood chips may be utilized to fill up to 40% of the required landscaped area.
LOADING SPACE:	An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT:	A parcel of land occupied or designed to be occupied by a building and the accessory buildings or uses customarily incident to it including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a recorded plant.
LOT LINES:	The lines bounding a lot as defined herein.
LOT, WIDTH OF:	The mean width measured at right angles to its depth:
LOT DEPTH:	The horizontal distance between the front and rear hot lines, measured along the median between the two side lot lines.
LOT, CORNER:	A lot situated at the intersection of two (2) or more streets.
LOT, REVERSED CORNER:	A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear.
LOT, INTERIOR:	A lot other than a corner lot.
LOW DENSITY - A ZONE:	A parcel of land not less than 5 acres, with only I single family dwelling unit and/or outbuildings.
MANUFACTURED HOME:	A structure built since June 15, 1976 that bears the seal of HUD indicating it has met the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD Standards) and is used as a permanent dwelling. Manufactured homes shall comply with the siting and development standards set forth in Idaho Code section 67-6509A.
MANUFACTURED HOME PARK:	Any area, tract, plot, or site of land, whereupon two (2) or more manufactured homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person, firm, trust, partnership, public or private association or corporation holding the land. Any development will conform to Chapter 14.
MOBILE HOME:	A structure that is transportable in one section built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, not to include recreational vehicles. No mobile home may be placed on a single-family lot within the City after the effective date of this ordinance unless it meets the rehabilitation standard as specified in Title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated above.
NON-CONFORMING BUILDING:	A building or structure or portion thereof lawfully existing at the time this ordinance became effective, which was used, designed, erected, or structurally altered, for a use that does not conform to the use regulations of the district in which it is located.
NON-CONFORMING USE:	A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is located.
OCCUPANCY:	Occupancy shall mean that no residential dwelling shall be occupied by more than two adult persons per bedroom.
PARKING SPACE, AUTOMOBILE:	Space within a building or public parking area for the temporary parking or storage of one (1) automobile.
PATIO:	Same as carport.
PORCH:	Porch, a covered entrance to a building.
PREMISES:	An area of land including a lot, with or without buildings.
RECREATIONAL VEHICLE OR TRAVEL TRAILER:	A vehicular type unit designed as temporary dwelling for recreational, camping or travel use which is either self propelled, self-contained, or mounted on or drawn by another vehicle; including all recreational vehicles, camping trailers, truck campers, and motor homes.
RECREATIONAL VEHICLE/TRAVEL TRAILER PARK:	Rental space for recreational vehicles/travel trailers on a limited basis, generally overnight but normally not longer than six (6) months. This may include motor homes and pickup campers. Any development must conform with Chapter 14.
ROOMING HOUSE:	See “Boarding House”.
SERVICE STATION:	A building or portion thereof and land used for supplying fuel, oil, and minor accessories for motor vehicles at retail direct to the customer and for making minor emergency repairs.
STREET:	A public thoroughfare not less then thirty (30) feet in width, which affords principal means of access to abutting property.
STREET GRADE:	The officially established grade, the existing grade of the street shall be taken as the street grade.
STRUCTURE:	Any type of construction of which the structural framework is not enclosed.
STRUCTURAL ALTERATIONS:	Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
THEATER OUTDOOR DRIVE-IN:	An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
USE:	The purpose of which land or a building is arranged, designed or intended for which either land or a building may be occupied or maintained.
VARIANCE:	Variance means a modification of the requirements of this title as to bulk, placement requirements, lot size, lot coverage, width, depth, front yard, side yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
YARD:	An open space on a lot, unoccupied arid unobstructed from the ground upward, except as otherwise provided in this Ordinance.
YARD FRONT:	A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD REAR:	A yard extending across the full width of the lot, between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.
YARD SIDE:	A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.
ZONING DISTRICT:	A section of the City for which uniform regulations concerning the height, area, size and the use of buildings and premises within said section are established. (Ord. 422, 11-14-2001; amd. Ord. 431, 10-24-2002; Ord. 517-2013, 1-17-2013; Ord. 534-2018, 2-15-2018)

5-1-3: CONFORMANCE AND PERMITS REQUIRED:

5-1-4: AREA REQUIREMENTS, EXCEPTIONS:

Exceptions to Area Requirements:

(A) The front, rear and side yard requirements shall be waived where dwelling units are erected above stores, shops or other commercial uses, not requiring such yards.

(B) No lot area shall at any time be so reduced that the front, rear or side yard shall be smaller than prescribed by this Title.

(G) Fences shall not extend into the city easements or right of ways that are in use. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

5-1-5: YARDS IN CASE OF CORNER LOTS:

5-1-6: IMPROVEMENTS:

(A) Curbing and Sidewalks: Concrete curb and gutter and sidewalk shall be constructed in accordance with City Regulations on all streets bordering on property in all districts.

(B) Planting: All areas not occupied by buildings or pavement shall be kept free of weeds.

(C) All parking area shall be flood lighted at night during business hours, and all outside lighting shall be so arranged as to prevent any nuisance or inconvenience to neighboring properties.

5-1-7: SCREENING:

5-1-8: INTERPRETATIONS, ADJUSTMENTS AND VARIANCES:

5-1-9: SPECIAL USE PERMITS:

1. Name, address and phone number of applicant.

2. Legal description of property (with street address).

3. Description of proposed special use.

4. Zoning district.

1. Will, in fact, constitute a special use as established in this Section for the zoning district involved, in that it is not already defined as a permitted use in the zoned area.

2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance.

4. Will not be hazardous or disturbing to existing or future neighboring uses.

6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major Importance.

7. Applies only to the holder of the permit and, does not run with the property.

(F) Fees Paid In Advance: All publications and notices required in this Section shall be paid for in advance by the applicant requesting the special use permit.

1. Upon granting of a special use permit, conditions may be attached to the special use permit including, but not limited to:

(a) Minimizing adverse impact on other developments.

(b) Controlling the sequence and timing of development.

(d) Assuring the development is properly maintained.

(e) Designating the exact location and nature of the development.

(f) Requiring the provision for on-site or off-site public facilities or services.

(g) Requiring more restrictive standards than those generally required in this Section.

4. Upon granting or denying an application, the Commission shall specify:

(a) The ordinance and standards used in evaluating the application.

(b) The reasons for approval or denial.

5-1-10: MANUFACTURED HOMES AND MOBILE HOMES:

(A) Manufactured Homes:

(B) Shall be at least twenty-four feet (24') wide, with a minimum floor area of one thousand (1,000) square feet.

(D) Shall have a suitable residential siding.

(F) Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.

(H) Shall meet all other State of Idaho requirements.

1. The contractor or installers of manufactured homes shall obtain a siting permit pursuant to Idaho Code section 44-2202. The cost of such permit shall be set by the City by resolution.

2. Manufactured homes shall be allowed in those zoned areas that allow residential homes to be built.