Winchester City Zoning Code
CHAPTER 4
ZONING DISTRICT REGULATIONS
ARTICLE A. LAR LAKE AREA RESIDENTIAL DISTRICT
8-4A-1: DESCRIPTION AND PURPOSE:
The purpose of the LAR Lake Area Residential District is to create and preserve single-family residences which reflect environmental qualities of intimacy, cleanliness, and individuality as desirable attributes for family living. It is also a purpose of the LAR District to encourage the development of summer and vacation residences with ease of access to Winchester Lake. (Ord. 275, 4-2-2015)
8-4A-2: PERMITTED BUILDINGS AND USES:
In the LAR District, the following buildings and uses are permitted, subject to the provisions and regulations set forth in this article as well as the regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as, but not limited to, private garages and storage buildings.
Home occupations. The occupation must not occupy over thirty percent (30%) of the resident's building.
Single-family detached dwelling structures.
Subsistence or hobby-type gardening and horticultural activities; also related structures of less than three hundred (300) square feet of total floor area and used solely for noncommercial purposes.
(Ord. 275, 4-2-2015)
8-4A-3: SPECIAL USES PERMITTED:
The following uses may be authorized by the City Council as special uses in the LAR District:
Churches.
Library.
Nursery for flowers, plants or trees.
Nursery schools and daycare centers, provided there is established and maintained in connection therewith a fenced yard and screened play lot on the premises with a minimum play area of four hundred (400) square feet for each child.
Parks and playgrounds.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public utility and communication facilities.
Two (2) horses may be maintained when the facilities are approved by the City Council and does not cause offensive odors or disturbances to people in the neighborhood.
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan.
(Ord. 275, 4-2-2015)
8-4B-1: DESCRIPTION AND PURPOSE:
The R1 Single- and Two-Family Residential District is intended for low density residential use. A stable, healthful environment combined with the full range of urban services is the goal of this district. Central water and sewer are required. (Ord. 275, 4-2-2015)
8-4B-2: PERMITTED BUILDINGS AND USES:
In an R1 District, the following buildings and uses are permitted, subject to general provisions and exceptions set forth in this article, and regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is similar material, color and pattern as the siding of the mobile/manufactured home.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off street parking.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats, and sheep will not be permitted in this district), additionally, permitted will be the raising of up to twenty five (25) poultry, fowl or rabbits for noncommercial purposes.
One-family detached dwelling structures.
Renting of rooms for lodging purposes only and not more than two (2) rooms are to be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities: Also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes).
(Ord. 275, 4-2-2015)
8-4B-3: SPECIAL USES PERMITTED:
The following uses may be authorized by the City Council as special uses in residential areas:
Churches and other religious or charitable organizations.
Franchised and public utility and communication facilities.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities (9 or more residents).
A. Site development shall include adequate off street parking for visitors, employees, loading and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or the ratio required by the State of Idaho, whichever is greater).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purposes shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public, private and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary students.
Railroad right-of-way, but no yard or other similar facility.
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan. (Ord. 275, 4-2-2015)
8-4C-1: DESCRIPTION AND PURPOSE:
The R2 Multiple-Family Residential District is designed to provide sites for multiple-family dwelling structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the lower density district. The R2 District is provided to serve the limited need for higher density residential buildings in an otherwise low density, single-family community. Central water and sewer is required. (Ord. 275, 4-2-2015)
8-4C-2: PERMITTED BUILDINGS AND USES:
In an R2 District, the following uses are permitted, subject to the general provisions set forth in this article, and the regulations set forth in chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is similar material, color and pattern as the siding of the mobile/manufactured home.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off street parking.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats, and sheep will not be permitted in this district). Additionally permitted will be the raising of up to twenty five (25) poultry, fowl or rabbits for noncommercial purposes.
Multiple dwelling structures or groups of structures, including triplex and four-plex dwelling structures and multiple apartments in which units are rented on a permanent basis. Exception: Not including motel or other facilities offered on a transient tenancy basis.
One-family detached dwelling structures.
Renting of rooms for lodging purposes only and not more than two (2) rooms are to be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities; also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes). (Ord. 275, 4-2-2015)
8-4C-3: SPECIAL USES PERMITTED:
The following uses may be authorized by the City Council as special uses in residential areas:
Churches and other religious or charitable organizations.
Franchised and public utility and communication facilities.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities (9 or more residents).
A. Site development shall include adequate off street parking for visitors, employees, loading and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purposes shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public, private and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary students.
Railroad right-of-way, but no yard or other similar facility.
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan.
(Ord. 275, 4-2-2015)
8-4D-1: DESCRIPTION AND PURPOSE:
The purpose of the C Commercial District is to permit the establishment of business uses which meet the daily needs of the residents as well as to encourage the renewal of the historical business area of the community. (Ord. 275, 4-2-2015)
8-4D-2: PERMITTED BUILDINGS AND USES:
In the Commercial Zone, the following buildings and uses are permitted, subject to general provisions and exceptions set forth in this article and regulations set forth in chapter 5 of this title:
Establishment of a residence in conjunction with an approved use under commercial zoning regulations. The frontage of the building must be the business store front. The residence must be in the same building and can be no more than fifty percent (50%) of the building. Accessory buildings in the rear will be permissible. This amendment is meant to establish a residential use in the Commercial Zone and still maintain the integrity of the Commercial District of the City.
(Ord. 275, 4-2-2015)
8-4D-3: SPECIAL USES:
The following uses may be authorized by the City Council as special uses:
Auction shop, merchandise liquidation, surplus or salvage outlet or store, secondhand or closeout, or similar business.
Bus transportation terminal.
Churches and other religious or charitable organizations.
Franchised and public utility and communication facilities.
Gasoline service station.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities (9 or more residents).
A. Site development shall include adequate off street parking for visitors, employees, loading, and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Mortuary.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purpose shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Public and governmental buildings serving as administrative offices.
Public, private and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary school students.
RV parks: Must comply with title 7, chapter 6 of this Code and subsection 8-5-3C of this title, as amended.
Railroad right-of-way, but no yard or other similar facility.
Other uses consistent with chapter 6 of this title, and the Comprehensive Plan.
(Ord. 275, 4-2-2015)
8-4D-4: PROHIBITED USES:
The following uses are prohibited in commercial areas:
Any use which may be determined by the Council, after notice and a hearing as defined in section 8-6-5 of this title, to be obnoxious, offensive, or have a detrimental effect on retail trade or on the premises adjacent to such use.
Industrial uses that are not enclosed in a building.
Junkyard and automobile wrecking establishments.
(Ord. 275, 4-2-2015)
8-4E-1: DESCRIPTION AND PURPOSE:
The purpose of the MP Multipurpose District is to provide for orderly growth within the City, to provide a Multipurpose Zone wherein both residential (R-2) and commercial uses will be permitted. (Ord. 275, 4-2-2015)
8-4E-2: PERMITTED BUILDINGS AND USES:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Churches and other religious or charitable organizations.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue:The tongue of all mobile homes shall be removed or camouflaged to the extent that it is exposed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to ground level, each home shall install skirting material which is of similar material, color and pattern as the siding of the mobile/manufactured home.
Franchised and public utility and communication facilities.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off street parking.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities.
A. Site development shall include adequate off street parking for visitors, employees, loading, and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Keeping of one cow or equine per fourteen thousand two hundred (14,200) square feet (keeping of pigs, goats and sheep will not be permitted in this district). Additionally permitted will be the raising of up to twenty five (25) poultry, fowl or rabbits for noncommercial purposes.
Multiple dwelling structures or groups of structures, including triplex and four-plex dwelling structures and multiple apartments in which units are rented on a permanent basis. Exception: Not including motel or other facilities offered on a transient tenancy basis.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
One-family detached dwelling structures.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purpose shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public, private and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary school students.
RV parks: Must comply with title 7, chapter 6 of this Code and subsection 8-5-3C of this title, as amended.
Railroad right-of-way, but no yard or other similar facility.
Renting of rooms for lodging purposes only and not more than two (2) rooms shall be permitted per dwelling.
Subsistence or hobby-type gardening and horticultural activities. Also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwellings (duplexes).
Other uses consistent with section 8-6-3 of this title, and the Comprehensive Plan.
(Ord. 275, 4-2-2015)
8-4E-3: SPECIAL USES:
The following uses may be authorized by the City Council as special uses:
Auction shop, merchandise liquidation, surplus or salvage outlet or store, secondhand or closeout, or similar business.
Bus transportation terminal.
Gasoline service station.
Mortuary.
(Ord. 275, 4-2-2015)
8-4E-4: PROHIBITED USES:
Any use which may be determined by the Council, after notice and a hearing as defined in section 8-6-5 of this title, to be obnoxious, offensive, or have a detrimental effect on retail trade or on the premises adjacent uses.
Industrial uses that are not enclosed in a building.
Junkyard and automobile wrecking establishments.
(Ord. 275, 4-2-2015)
8-4F-1: DESCRIPTION AND PURPOSE:
The purpose of the I Industrial District is to provide areas suitable for manufacturing and industrial uses. (Ord. 275, 4-2-2015)
8-4F-2: PERMITTED BUILDINGS AND USES:
The following uses shall be permitted, subject to the provisions and exceptions set forth in this article and the regulations set forth in chapter 5 of this title:
Any permitted use in a commercial district:
B. The reestablishment of residential dwelling units and their accessory buildings existing on the effective date hereof in the case of such buildings destroyed by fire or natural disaster.
Automotive sales, service, storage or rental.
Beverage bottling plant.
Bus terminal.
Cabinet shop.
Clay products and manufacturing.
Equipment rental and sales.
Furniture refinishing.
Government facilities.
Ice manufacturer - cold storage plant.
Laundry.
Lumberyard - building materials outlet.
Machine shop.
Preparation of food or drink on the premises or elsewhere.
Sign shop.
Tire sales and service (including recapping).
Trailer, mobile home, or farm implement sales and services.
(Ord. 275, 4-2-2015)
8-4F-3: SPECIAL USES:
The following uses may be authorized by the City Council as a special use, subject to the provisions of this article and of chapter 5 of this title:
Auction shop, merchandise liquidation, surplus or salvage outlet or store, secondhand or closeout, or similar business.
Bus transportation terminal.
Churches and other religious or charitable organizations.
Franchised and public utility and communication facility.
Gasoline service station.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities.
A. Site development shall include adequate off street parking for visitors, employees, loading, and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet for each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Mortuary.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purpose shall be at least fifty feet (50') from any adjoining residentially zoned lot.
Public and governmental buildings serving as administrative offices.
Public, private, and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary school students.
Railroad right-of-way, but no yard or other similar facility.
Other uses consistent with chapter 6 of this title, and the Comprehensive Plan.
(Ord. 275, 4-2-2015)
8-4G-1: DESCRIPTION AND PURPOSE:
The A Agricultural District is designed to create a semi-rural environment with which certain limited agricultural pursuits are carried on in conjunction with or in proximity to residential and commercial areas. The City's intent is to maximize open space while providing a transitional area between the City and the County.
(Ord. 275, 4-2-2015)
8-4G-2: PERMITTED USES AND BUILDINGS:
In the A Agricultural District, the following buildings and uses are permitted, subject to the provisions of this article and chapter 5 of this title:
Accessory uses customarily incidental to a permitted use, such as private garages or parking areas for noncommercial vehicles.
A. Accessory buildings will not be located in any required front yard area; and
B. Will not be located closer than five feet (5') from any side or rear property line.
C. If any alley is at least ten feet (10') wide, the edge of an accessory building may be located on the property line next to the alley; provided, that no part of the building extends beyond the property line.
Class A or Class B mobile/manufactured homes. The following conditions must be met:
A. Tongue: The tongue of all mobile/manufactured homes shall be removed.
B. Foundations: All mobile/manufactured homes shall be placed on a foundation constructed in accordance with the minimal accepted specifications of the manufacturer.
C. Skirting: Except where the base of the mobile/manufactured home is flush to the ground level, each home shall install skirting material which is of similar material, color and pattern as the siding of the mobile/manufactured home.
Hatching and raising of poultry and fowl, and the raising of rabbits.
Home occupations. Offices of professional persons and customarily home occupants, if carried on in a part of the residence, the occupation must not occupy over fifty percent (50%) of such residence building and have adequate off street parking.
One-family detached dwelling structures.
Orchards, tree crops, flower gardening, berry and bush crops, truck crops and nurseries for raising and sale confined to plant material; similar enterprises carried on in horticulture.
Raising of domestic animals.
Renting of rooms for lodging purposes only and not more than two (2) rooms shall be permitted per dwelling.
Stables and kennels.
Subsistence or hobby-type gardening and horticultural activities. Also related structures of less than three hundred (300) square feet total area and used solely for noncommercial purposes.
Two-family attached dwelling (duplexes).
(Ord. 275, 4-2-2015)
8-4G-3: SPECIAL USES:
The following uses may be authorized by the City Council:
Auction shop, merchandise liquidation, surplus or salvage outlet or store, secondhand or closeout or similar business.
Bus transportation terminal.
Churches and other religious or charitable organizations.
Franchised and public utility and communication facilities.
Gasoline service station.
Hospitals, rest, convalescent, retirement homes, residential care or assisted living facilities.
A. Site development shall include adequate off street parking for visitors, employees, loading and other services.
B. Open space shall be provided which creates a ratio of one hundred (100) square feet per each bed in the facility (or ratio required by Idaho Code, whichever is more restrictive).
C. No building shall be closer than forty feet (40') from any property line.
D. Area must be obscured from residential view with a wall or comparable shrubbery six feet (6') in height.
Nursery schools, daycare centers, private kindergartens, orphanages, or similar facilities, provided there is established and maintained in connection therewith a fenced yard and screened play lot on or adjoining the premises.
Parks and playgrounds.
Private clubs or lodges and community assembly halls; provided, that any building used for such purpose shall be at least fifty feet (50') from an adjoining residentially zoned lot.
Professional offices to the extent of one professional person per five thousand (5,000) square feet of lot area.
Public and governmental buildings serving as administrative offices.
Public, private and parochial schools, provided play fields (exclusive of the building site) are provided at a minimum of one acre per one hundred (100) elementary school students.
Railroad right-of-way, but no yard or similar facility.
Swimming pools, tennis courts, and similar recreation facilities. (Ord. 275, 4-2-2015)
8-4G-4: DENSITY STANDARDS:
A. Maximum height of buildings: Forty feet (40').
B. Minimum lot area: Nine thousand six hundred (9,600) square feet.
C. Maximum percent of lot coverage: Forty percent (40%).
D. Minimum front yard depth: Thirty feet (30'). (Ord. 275, 4-2-2015)