Table
of contents
PREAMBLE AND INTRODUCTION.................................................................................................................. 3
ARTICLE I. PURPOSE,
TITLE, AND INTERPRETATION................................................................. 4
ARTICLE II. DEFINITIONS............................................................................................................. 5
ARTICLE III. ADMINISTRATION................................................................................................... 13
ARTICLE IV ESTABLISHMENT
AND PURPOSE OF DISTRICTS.................................................... 16
ARTICLE V. OFFICIAL
ZONING MAP........................................................................................... 25
ARTICLE VI
DISTRICT REGULATIONS....................................................................................... 27
ARTICLE VII FENCES
and SIGNS................................................................................................ 28
ARTICLE VIII. OFF-STREET
PARKING AND LOADING SPACES...................................................... 30
ARTICLE IX PLANNED
UNIT DEVELOPMENT.............................................................................. 31
ARTICLE X. SPECIAL
USE PERMITS.......................................................................................... 38
ARTICLE XI. VARIANCES............................................................................................................. 43
ARTICLE XII NON-CONFORMING
USES AND BUILDINGS............................................................. 47
ARTICLE XIII AMENDMENT........................................................................................................... 48
ARTICLE XIV ENFORCEMENT....................................................................................................... 51
CITY OF DIETRICH ORDINANCE NO. 56
AN
ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ZONING REGULATION WITHIN THE CITY
OF DIETRICH, IDAHO, PROVIDING FOR THE INTERPRETATION; DEFINITIONS;
ADMINISTRATION; ESTABLISHMENT AND PURPOSE OF DISTRICTS; OFFICIAL ZONING MAP;
DISTRICT REGULATIONS; SUPPLEMENTARY REGULATIONS; FENCES; SIGNS; PARKING;
PLANNED UNIT DEVELOPMENTS; SPECIAL USE PERMITS; VARIANCES; NONCONFORMING USES;
AMENDMENTS AND ENFORCEMENT.
WHEREAS, the City of Dietrich is a
growing community; and
WHEREAS, the community of Dietrich is
concerned about preserving a rural quality of life and protecting
its natural surroundings; and
WHEREAS, the City Council finds it
necessary to protect those attributes as well as promote the physical
and economic health, safety, and general welfare of current
and future residents by establishing a sound Zoning
Ordinance and planning for the future growth of Dietrich;
and
WHEREAS, the City Council, in
recognition of the need to balance numerous factors when setting forth a
Zoning Ordinance, has given careful consideration to the
following:
1. Protection
of existing development;
2. Sufficient
flexibility to allow for desirable community expansion;
3. Compatibility
of the Zoning Ordinance and Zoning Map with accepted zoning principles;
4. Understanding
of the provisions of this Ordinance by all residents;
5. Reasonableness
and legality of enforcement provisions;
6. Compliance
of this Zoning Ordinance with the statutory requirements of the State of Idaho
and the decisions of the Supreme Court of Idaho; and
7. Compliance
with a proposed City of Dietrich Comprehensive Plan.
WHEREAS, the City Council finds that a
positive approach to community development through a sound
Zoning Ordinance is necessary to encourage imaginative and
diverse development;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF
DIETRICH,
IDAHO, AS FOLLOWS:
PURPOSE, TITLE, AND INTERPRETATION.
This Ordinance shall be known as the "Zoning Ordinance of the City of Dietrich, Idaho".
This Zoning Ordinance is adopted
pursuant to authority granted by Title
67, Chapter 65 of the
Idaho Code and Article 12, Section 2 of the Idaho Constitution, as amended or subsequently
1.4 MOST RESTRICTIVE STANDARDS SHALL GOVERN.
1.7 EXISTING PERMITS AND PRIVATE AGREEMENTS.
All ordinances of the City of Dietrich or parts of any such ordinances in conflict with this Zoning
2.1 INTERPRETATION OF TERMS OR WORDS.
2.1.1 The word "person" includes a firm, association, organization, partnership, trust, company, corporation or any other entity capable of owning or holding any interest in real property, as well as an individual.
2.1.2 The word "shall" is a mandatory requirement, the word "may" as used herein is permissive.
2.1.3 The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, unless the context clearly indicates otherwise.
2.1.4 The words "used" or "occupied" include the words "intended, designed, maintained, arranged or occupied".
2.2 MEANING OF TERMS OR WORDS.
2.2.1
ACCESSORY USE or
STRUCTURE
Which is clearly incidental to the use of the principal building, or other structure or use of land;
Which is customary in connection with the principal building, or other structure or use of land; and
2.2.2 AIRPORT. Any runway, landing area or other facility designed or used either publicly, privately or commercially by any person for all landing and taking-off of aircraft, including all associated taxiways, aircraft storage and tie-down areas, hangars, passenger terminals and other buildings.
2.2.3 AGRICULTURAL LAND. An economic endeavor engaged in the growing of food or fiber. Agricultural activities including farming, pasture, agriculture, horticulture, forestry, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities.
2.2.4 ALTERATION. Alteration shall mean any change in size, shape, character, occupancy or use of a building or structure.
2.2.5 ANIMAL UNIT. A unit to measure the quantity of animals at any given location. For example:
Horse 1.0 AU
Cattle
over 700 pounds 1.0 AU
Cattle
400 to 700 pounds 0.7 AU
Calf
under 400 pounds 0.2 AU
Sheep,
Lambs or Goat 0.2 AU
Swine 0.4 AU
Turkey
or Goose 0.02
AU
Laying
Hen/Broiler or Ducks 0.01
AU
Rabbit 0.01
AU
Fish
(500 pounds) 1.0 AU
Other
species not specified (500 pounds) 1.0 AU
2.2.6 ANIMALS FOR FAMILY FOOD PRODUCTION. Domestic animals generally used for human food production (including cattle, sheep, poultry, rabbits and fish) that are raised with the intent to supply food for those who raise them.
2.2.7 APARTMENT. A multiple family dwelling containing three (3) or more dwelling units in which all units, exclusive of a unit that may be occupied by the owner, are rented or leased.
2.2.8 BASEMENT. Any floor level below the first story in a building, provided such floor level is more than four (4) feet below grade for more than 50% of the perimeter.
2.2.9 BED and BREAKFAST INN. A building which has no more than eight (8) sleeping rooms available for rent for short term (less than fifteen (15) days) residential occupancy, serves breakfast as part of the rent in a common dining area and has access to all sleeping rooms through a main entrance.
2.2.10 BOARDING and ROOMING HOUSE. A building in which the proprietor resides and which has not more than six (6) rooms available for rent or lease for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms.
2.2.11 BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
2.2.12 BUFFER. For the purposes of this Ordinance, the term "buffer" includes but is not limited to a landscape strip, solid fence or solid wall designed to lessen the negative impacts one land use may have on another.
2.2.13 BULK REQUIREMENTS. The combination of controls which establishes the maximum size of a building and its location on the lot, including:
A. The size of buildings and other structures.
B. The shape of buildings and other structures.
2.2.14 BULKY RETAIL. Retail sales of bulky items including but not limited to farm equipment, manufactured homes, furniture, appliances, farm and garden supplies.
2.2.15 CHANNEL. A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, and which, in the absence of evidence to the contrary, shall be presumed to consist of the area between the boundaries of vegetation on either side of the watercourse.
2.2.16 COMMISSION. The Planning and Zoning Commission of the City of Dietrich, Idaho.
2.2.17 CONDITIONAL. A use or occupancy of land permitted only upon the issuance of special use permit and subject to the limitations and restrictions specified in such permit in addition to all other applicable regulations and provisions of this Ordinance.
2.2.18 CONDOMINIUM. A multi-family dwelling containing two (2) or more dwelling units in which each unit is under single ownership, excluding the ground beneath the unit.
2.2.19 CONVENIENCE STORE. A small-scale grocery operation that may provide self-service gasoline.
2.2.20 DAY CARE BUSINESS. The care and supervision, provided for compensation, during part of a twenty-four hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child's own home. This term includes pre-schools, nursery schools, play schools, kinder-care, and any like or similar operation.
2.2.20.1 Day Care Center. A day care operation providing care for thirteen or more children.
2.2.20.2 Day Care Facility. A day care operation providing care for no more than twelve children at any one time and having not more than four employees.
2.2.20.3 Day Care Home. A day care operation providing care for six or fewer children at any one time, having not more than three employees and operating between the hours of 7:00a.m. and 6:00p.m.
2.2.20.4 Child. Any person under 12 years of age.
2.2.20.5 Employee. Any person working for compensation in any day care business.
2.2.21 DIRECT ILLUMINATION. For the purposes of the sign regulations (Section 8.2) of this Ordinance, "direct illumination" shall refer to internally lit and neon signs.
2.2.22 DUPLEX. A multiple family dwelling under single ownership containing two (2) dwelling units in which at least one (1) of the units is rented or leased or is intended for rent or lease.
2.2.23 DWELLING UNIT. A building or separate portion thereof having a single kitchen, and at least one (1) bathroom, to be occupied exclusively as a residence.
2.2.24 ERECTED. The word "erected" includes built, constructed, reconstructed, moved upon, or any other physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of erection.
2.2.25 FAMILY. One (1) or more persons related by blood, marriage or adoption or a group of no more than five (5) unrelated adult persons, excluding servants, and their children by blood or adoption living together in a dwelling unit.
2.2.26 FENCE. A natural or artificial barrier intended to be an enclosure or an exclosure or to delineate a boundary and located within twenty feet of a property line. For the purposes of this Ordinance, the term "fence" shall include hedges and walls.
2.2.27 FLOOD. General and temporary condition of partial or complete inundation of normally dry lands from 1) the overflow of inland waters and/or 2) the unusual and rapid accumulation of runoff or surface waters from any source.
2.2.27.1 One Hundred (100) Year Flood. Flood having an indicated average frequency of occurrence once in one hundred (100) years, although the flood may occur in any year.
2.2.27.2 One Hundred (100) Year Flood Elevation. The maximum high water elevation of the one hundred (100) year flood at any given point on the floodplain.
2.2.28 FLOODPLAIN. A relatively flat area or low land adjoining a body of water, which has been or may be inundated by water from the one hundred (100) year flood.
2.2.29 FLOODWAY. That portion of the flood hazard area that includes the channel and the portion of the adjacent area that conveys the major portion of the flow for the one hundred (100) year flood.
2.2.30 FLOOR AREA. The gross area included within the surrounding exterior walls of a building or portion thereof, including all floor levels, exclusive of vent shafts, courts, attics, garages or other enclosed automobile parking areas subject to the following restrictions:
2.2.30.1 The basement of a single or multiple family dwelling is not included as floor area, and
2.2.30.2 The basement of any other building is included as floor area.
2.2.31 FRONTAGE. The distance along the front lot line.
2.2.32 GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
2.2.33 GARAGE. A building or portion thereof, in which a motor vehicle containing flammable or combustible liquid or gas in its tank is or intended to be stored, repaired or kept.
2.2.34 HEIGHT OF BUILDING. The vertical distance above a reference datum measured to the highest point of the roof regardless of the roof design. The reference datum shall be selected by either of the following, whichever yields a greater height of a building:
2.2.35 HOME OCCUPATION. A business related activity conducted entirely within a dwelling that is incidental and secondary to the use of a dwelling as a residence and does not negatively impact the surrounding neighborhood. Home Occupations are defined for the purpose of this Ordinance as those activities that represent a departure from the daily routine associated with a residential use and could, therefore, impact the neighborhood. Home Occupations, where permitted, shall meet the following requirements:
A. The home occupation shall not change the residential character of the dwelling or neighborhood.
B. There shall be no exterior advertising.
E. The home occupation shall not create the need for additional parking.
2.2.36 HOTEL. A building which is used for short term occupancy, offering sleeping accommodations to the public on a nightly basis and access to all sleeping rooms through a main entrance, and which may provide food, entertainment or various personal services.
2.2.37 HYBRID PRODUCTION FACILITY. A commercial operation or use in which, on one premise, finished consumer goods are manufactured or produced and those same goods are offered for sale to the general public. Hybrid production facilities must be similar in size, scale and scope of operation with adjacent or nearby uses.
2.2.38 INDIRECT ILLUMINATION. For the purposes of the sign regulations of this Ordinance, "indirect illumination" shall refer to a source of light separate from the sign itself.
2.2.39 KITCHEN. A room or area for storage, preparation and cooking of food.
2.2.40 LOADING SPACE. Off-street. Space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required parking spaces are filled.
2.2.41 LOT. Plot, parcel or tract of land with fixed boundaries of sufficient size to meet minimum zoning requirements for use, coverage, and area; and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or an approved private street and may consist of:
B. A combination of complete lots of record, or of portions of lots of record.
2.2.42 LOT. Corner. A lot located at the intersection of two (2) or more streets.
2.2.42.1 Lot, Normal Corner. A corner lot where the streets border the outside or convex lot lines.
2.2.42.2 Lot, Reverse Corner. A corner lot where the streets border the inside or concave lot lines.
2.2.43 LOT COVERAGE. The percent of the total lot occupied by the principal building.
2.2.44 LOT LINE FRONT. The property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered the front lot line and the main or front entrance to the primary building on the lot shall face such lot line. For buildings located on a corner with more than one business within the building, the lot front is the side where the business street address is listed.
2.2.45 LOT LINE, REAR. The lot line opposite the front lot line.
2.2.46 LOT LINE, SIDE. Any lot line other than the front or rear lot lines.
2.2.47 LOT OF RECORD. A lot that is part of a subdivision recorded in the office of the County Recorder or a lot described by metes and bounds, the description of which has been so recorded.
2.2.48 LOT WIDTH. The distance parallel to the front lot line, measured between side lot lines through that part of the building or structure where the lot is narrowest.
2.2.49 LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.
2.2.50 MAJOR ADDITION. Any extension having a floor area of two hundred (200) square feet or greater to an existing building. Extensions to dwellings that do not increase the total number of dwelling units shall not be considered as major additions.
2.2.51 MANUFACTURED HOME. A structure constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 U.S.C. 5401 et seq.