Zoneomics Logo
search icon

Winchester City Zoning Code

CHAPTER 5

PERFORMANCE STANDARDS

8-5-1: PURPOSE:

   A.   The purpose of performance standards is to set specific conditions for areas where problems are frequently encountered.
   B.   No land or building in any district shall be used or occupied in any manner creating dangerous, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining properties. However, any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable levels are established by the requirements of this chapter. (Ord. 275, 4-2-2015)

8-5-2: ENVIRONMENTAL SAFEGUARDS:

The following standards shall be met within the City limits and the Area of City Impact: (Ord. 275, 4-2-2015)
   A.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of such material. Such activities shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified by the International Fire Code. (Ord. 275, 4-2-2015; amd. 2018 Code)
   B.   Radioactivity And Electrical Disturbance: No activity shall emit harmful radioactivity adversely affecting the operation of any equipment at any point other than that of the creation of the disturbance.
   C.   Noise: No use shall generate objectionable noise which is due to volume or frequency. Air raid sirens and related apparatus used solely for public purposes are exempt.
   D.   Vibration: No vibration shall be permitted which is discernible without instruments beyond the property lines of the lot upon which the use is located.
   E.   Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Environmental Protection Agency and the Idaho Department of Health and Welfare.
   F.   Glare: No direct or reflected glare shall be permitted which is visible outside of a commercial or industrial district.
   G.   Erosion: No erosion by man, wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
   H.   Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Environmental Protection Agency and the Idaho Department of Health and Welfare.
   I.   Measurement Procedures: Methods for determination of the existence of any dangerous and objectionable elements shall conform to applicable standard procedures published by the American Standards Institute, New York, the Manufacturing Chemists Association, Inc., Washington, D.C.; the U.S. Bureau of Mines; and the Idaho Department of Health and Welfare. (Ord. 275, 4-2-2015)
   J.   Enforcement: Prior to the issuance of a permit, the City Council may require the submission of statements and plans indicating the manner in which objectionable elements are to be eliminated, reduced to acceptable limits, or found to exist. (Ord. 275, 4-2-2015; amd. 2018 Code)

8-5-3: GENERAL PROVISIONS:

In addition to all other regulations as specified in this title, the following provisions shall be adhered to:
   A.   Conversion Of Dwellings To More Units: Residences may not be converted to accommodate an increased number of dwelling units unless:
      1.   The yard dimensions still meet the standard dimensions required by the zoning regulations for new structures in that district.
      2.   The lot area per family equals the lot area requirement for new structures in that district.
      3.   The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
      4.   The conversion is in compliance with all other relevant codes, ordinances, and the comprehensive plan. (Ord. 275, 4-2-2015)
   B.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the City Council. (Ord. 275, 4-2-2015; amd. 2018 Code)
   C.   Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings or carports. However, one boat and one travel trailer may be stored in the side or rear yard. (Ord. 275, 4-2-2015)
   D.   Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial, and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the City Council shall be provided. (Ord. 275, 4-2-2015; amd. 2018 Code)
   E.   Development Close To Airport: The location, building height, and lighting of residential and commercial development shall be restricted within airport approach areas as required by the State Department of Transportation, Division of Aeronautics and Public Transportation, and the Federal Aviation Administration.
   F.   Accessory Buildings:
      1.   Will not be located in any required front yard.
      2.   Will not be located closer than five feet (5') from any side or rear property line.
      3.   If any alley is at least ten feet (10') wide, the edge of an accessory building may not be located on the property line next to the alley; provided, that no part of the building extends beyond the property line. (Ord. 275, 4-2-2015)