MALAD CITY ZONING ORDINANCE NO. 474 · ordinance no. 474 page 9 ordinance no. 474 an ordinance...

MALAD CITY

ZONING

ORDINANCE

NO. 474

Ordinance No. 474 Page 0


ARTICLE I: TITLE, PURPOSE, DECLARATION, INTENT ................................ 10 SECTION 1. TITLE ............................................................................................... 10 SECTION 2. PURPOSE ......................................................................................... 10

SECTION 3. DECLARATION .............................................................................. 11

SECTION 4. INTERPRETATION AND INTENT ............................................... 11

SECTION 5. AUTHORITY ................................................................................... 11

ARTICLE II: DEFINITIONS ...................................................................................... 13

ARTICLE III: ESTABLISHMENT OF ZONES....................................................... 19 SECTION 1. CITY DIVIDED INTO ZONES ....................................................... 19 SECTION 2. ZONING MAP.................................................................................. 19

SECTION 3. DETERMINATION OF ZONE BOUNDARIES ............................. 20

SECTION 4. GENERAL PROVISIONS ............................................................... 20

ARTICLE IV: REGULATIONS WITHIN ZONES................................................... 23 SECTION 1. "R" RESIDENCE ZONE ....................................................................... 23

A. General Objectives and Characteristics of Zone. ................................................ 23

B. Use Requirements. .............................................................................................. 23

C. General Provisions. ............................................................................................. 24

1. Set Back ........................................................................................................... 24

2. Lot Area & Width ............................................................................................ 24

3. Building Height................................................................................................ 24

4. Accessory Buildings ........................................................................................ 25

5. Animals Allowed ............................................................................................. 25

6. Flag Lots .......................................................................................................... 27

7. Parking Stands. ................................................................................................ 28

SECTION 2. "C" COMMERCIAL ZONE .................................................................. 29

A. Objectives and Characteristics of Zone. ............................................................. 29

B. Yard Regulations. ................................................................................................ 32

1. Side Yards. ....................................................................................................... 32

2. Front Yards. ..................................................................................................... 32

3. Rear Yard. ........................................................................................................ 32

SECTION 3. "DA" DEVELOPMENTAL AGREEMENT ZONE ............................. 32

A. General Objectives and Characteristics of Zone................................................. 32

B. Yard Regulations ................................................................................................. 33

SECTION 4. "I" INDUSTRIAL ZONE ..................................................................... 34


SECTION 5. "RMH" RESIDENTIAL MOBILE HOME ZONE ............................... 37


B. Use Requirements. .............................................................................................. 37

C. Construction. ....................................................................................................... 38

D. Divisions. ............................................................................................................ 38

1. Mobile Home Courts - Approval of Plans and Documents Necessary............ 36

E. Review and Approvals. ....................................................................................... 43

F. Final Site Plan. ..................................................................................................... 43

G. Stage Construction Permitted.............................................................................. 44

H. Guarantee of Performance. ................................................................................. 44


I. Development of Parks and Play Areas. ................................................................ 45

SECTION 6. MOBILE HOME SUBDIVISIONS.................................................. 45

SECTION 7. SUPPLEMENTAL PROVISIONS FOR ALL ZONES ................... 46

A. Visibility at Intersections. ................................................................................... 46

B. Fence and Wall Restrictions in Front Yards. ...................................................... 46

C. Yard Requirements for Multi-Family Dwellings. ............................................... 46

D. Architectural Projections..................................................................................... 46

E. Exceptions to Height Regulations. ...................................................................... 47

F. Conversion of Dwellings to More Units.............................................................. 47

G. Temporary Buildings. ......................................................................................... 47

H. Parking and Storage of Certain Vehicles. ........................................................... 47

I. Required Trash Areas. ......................................................................................... 47

J. Measurement of Minimum Floor Area. ............................................................... 48

K. Home or Buildings Moved into a Zone. .............................................................. 48

L. Lot Extends into Two Different Zones................................................................. 48

M. Loading Space. .................................................................................................... 48

N. Landscape Areas. ................................................................................................. 48

O. Platted Lots with Below Minimum Requirements. ............................................. 48

P. Non-Abutting Lots. .............................................................................................. 48

Q. Conversion of Public Property to Private............................................................ 49

R. Two or More Continuous Lots in Same Ownership. ........................................... 49

S. Easements. ............................................................................................................ 49

SECTION 8. SUPPLEMENTAL PROVISIONS FOR COMMERCIAL AND

INDUSTRIAL USES .................................................................................................... 49

A. Objectionable Conditions.................................................................................... 49

B. Fire Hazards. ....................................................................................................... 49

C. Radioactivity or Electrical Disturbance. ............................................................. 50

D. Noise. .................................................................................................................. 50

E. Vibration. ............................................................................................................. 50

F. Air Pollution. ....................................................................................................... 50

G. Glare. ................................................................................................................... 50

H. Erosion. ............................................................................................................... 50

I. Water Pollution..................................................................................................... 50

J. Enforcement Provisions. ...................................................................................... 50

K. Measurement Procedures. ................................................................................... 50

SECTION 9. SUPPLEMENTAL PROVISIONS FOR UNIQUE LAND USES ... 51

A. Agriculture (Buffer Area). .................................................................................. 51

B. Animal Clinic, Animal Hospital, Veterinary Office and Kennel. ....................... 51

C. Animal Commercial Feed Lots, Meat Packing, Processing Plant and Slaughter

Facilities. ................................................................................................................... 51

D. Bulk Storage of Flammable Liquids and Gases, Above Ground and for Resale.52

E. Chemicals, Pesticides and Fertilizer Storage and Manufacturing. ...................... 52

F. Contractors Yard.................................................................................................. 52

G. Drive-In Restaurant. ............................................................................................ 52

H. Filling, Grading, Lagooning, Dredging, or Other Earth-Moving Activity. ........ 53


I. Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of

Commercial Value. ................................................................................................... 53

J. Home Occupation. ................................................................................................ 53

K. Outdoor Storage of Commercial and Industrial Materials. ................................. 54

L. Riding Stables and Schools. ................................................................................ 54

M. Travel Trailer Courts .......................................................................................... 55

N. Wrecking Yard .................................................................................................... 57

O. Public Garages, Filling, and Oiling Stations ....................................................... 57

ARTICLE V: PLANNED UNIT DEVELOPMENT (PUD) ................................ 58 SECTION 1. PURPOSE .............................................................................................. 58 SECTION 2. PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT... 58

SECTION 3. MINIMUM AREA................................................................................. 58

SECTION 4. USES PERMITTED .............................................................................. 59

SECTION 5. OWNERSHIP REQUIREMENTS ........................................................ 59

SECTION 6. COMMON OPEN SPACE .................................................................... 59

SECTION 7. UTILITY REQUIREMENTS ................................................................ 60

SECTION 8. INCREASED RESIDENTIAL DENSITY ............................................ 60

SECTION 9. ARRANGEMENT OF COMMERCIAL USE ...................................... 61

SECTION 10. ARRANGEMENT OF INDUSTRIAL USES ..................................... 61

SECTION 11. PROCEDURE FOR APPROVAL OF A PLANNED UNIT

DEVELOPMENT ......................................................................................................... 62

SECTION 12. PRE-APPLICATION MEETING ........................................................ 62

SECTION 13. CONTENTS OF APPLICATION FOR APPROVAL OF

PRELIMINARY DEVELOPMENT PLAN ................................................................. 62

SECTION 14. PROCEDURE FOR PUBLIC NOTICE .............................................. 63

SECTION 15. APPROVAL IN PRINCIPLE BY THE COMMISSION .................... 63

SECTION 16. CONTENTS OF APPLICATION FOR APPROVAL OF FINAL

DEVELOPMENT PLAN.............................................................................................. 63

SECTION 17. RECOMMENDATION BY COMMISSION ...................................... 65

SECTION 18. ACTION BY THE (BOARD/COUNCIL)........................................... 65

SECTION 19. EXPIRATION AND EXTENSION OF APPROVAL PERIOD ......... 66

ARTICLE VI: ROADS................................................................................................... 67 SECTION 1. STREET WIDTH SPECIFICATION ............................................... 67

ARTICLE VII: AUTOMOBILE PARKING SPACE ................................................ 69 SECTION 1. AUTOMOBILE PARKING SPACE ................................................ 69

A. Private Space or Garage for Dwelling. ............................................................... 69

B. For Building Other than Dwellings. .................................................................... 69

SECTION 2. EXCEPTION .................................................................................... 70

ARTICLE VIII: NON-CONFORMING BUILDINGS AND USES ......................... 71 SECTION 1. NON-CONFORMING BUILDINGS AND USES........................... 71

A. Maintenance Permitted. ...................................................................................... 71

B. Repairs................................................................................................................. 71

C. Expansion or Enlargements................................................................................. 71

D. Restoration of Damaged Buildings. .................................................................... 71

E. Discontinuance. ................................................................................................... 72

F. Change to a Conforming Use. ............................................................................. 72


G. Change to Another Non-Conforming Use. ......................................................... 72

H. Reclassification of Territory. .............................................................................. 72

I. Permits Granted Prior to Passage of Ordinance or Amendment Thereto. ............ 72

J. Non-Conforming Lots of Record. ........................................................................ 72

ARTICLE IX: PUBLIC HEARING PROCEDURE .................................................. 73 SECTION 1. GENERAL ........................................................................................ 73 SECTION 2. PROCEDURE FOR HEARING, NOTICE ...................................... 73

SECTION 3. ACTION BY THE COMMISSION.................................................. 73

SECTION 4. NOTIFICATION TO APPLICANT................................................. 73

SECTION 5. HEARING BEFORE THE CITY COUNCIL .................................. 74

SECTION 6. NOTIFICATION TO APPLICANT ................................................. 74

SECTION 7. APPEAL TO PLANNING AND ZONING COMMISSION ........... 75

ARTICLE X: SPECIAL USE ....................................................................................... 76 SECTION 1. GENERAL ........................................................................................ 76 SECTION 2. CONTENTS OF APPLICATION FOR SPECIAL USE PERMIT .. 76

SECTION 3. GENERAL STANDARDS APPLICABLE TO ALL SPECIAL

USES ………….………………………………………………………………………77

SECTION 4. PUBLIC SITES AND OPEN SPACES ................................................. 77

A. Public Uses.......................................................................................................... 78

B. Natural Features. ................................................................................................. 78

C. Special Developments. ........................................................................................ 78

SECTION 5. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS ............... 78

SECTION 6. PUBLIC HEARING REQUIRED .................................................... 78

SECTION 7. CONDITIONS .................................................................................. 78

ARTICLE XI: OFF-STREET PARKING AND LOADING FACILITIES............. 80 SECTION 1. GENERAL REQUIREMENTS ........................................................ 80 SECTION 2. STANDARDS................................................................................... 80

A. Location of Parking Spaces................................................................................. 80

B. Loading Space Requirements and Dimensions. .................................................. 80

C. Maintenance. ....................................................................................................... 81

D. Paving.................................................................................................................. 81

E. Drainage. ............................................................................................................. 82

F. Lighting................................................................................................................ 82

G. Access. ................................................................................................................ 82

H. Striping................................................................................................................ 82

I. Screening and/or Landscaping.............................................................................. 82

J. Wheel Blocks. ...................................................................................................... 82

K. Minimum Distance and Setbacks........................................................................ 83

L. Disabled Vehicles. ............................................................................................... 83

M. Joint Use. ............................................................................................................ 83

SECTION 3. OFF-STREET PARKING DESIGN AND DIMENSIONAL

TABLES………............................................................................................................83


SECTION 4. PARKING SPACE REQUIREMENTS ........................................... 83

A. Residential........................................................................................................... 83

B. Commercial .......................................................................................................... 84

C. Recreational Entertainment ................................................................................. 84

D. Institutional ........................................................................................................ 84

E. Schools (Public, Parochial or Private) ................................................................. 85

F. Manufacturing: .................................................................................................... 85

SECTION 5. GENERAL INTERPRETATIONS................................................... 86

ARTICLE XII: SIGNS .................................................................................................. 87 SECTION 1. INTENT ................................................................................................ 87 SECTION 2. PUBLIC SIGNS EXCLUDED ............................................................... 87

SECTION 3. GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS . 87

SECTION 4: SPECIAL PERMITTED SIGNS ............................................................ 88

SECTION 5: SIGN SETBACK REQUIREMENTS .................................................... 89

SECTION 6: VIOLATIONS ........................................................................................ 89

ARTICLE XIII: VARIANCES..................................................................................... 90 SECTION 1. GENERAL ........................................................................................ 90 SECTION 2. VARIANCE ...................................................................................... 90

SECTION 3. APPLICATION AND STANDARDS FOR VARIANCES ............. 90

SECTION 4. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS .......... 91

SECTION 5. PUBLIC HEARING ......................................................................... 91

ARTICLE XIV: ENFORCEMENT ............................................................................. 92 SECTION 1. BUILDING PERMITS REQUIRED ................................................ 92 SECTION 2. CONTENTS OF APPLICATION .................................................... 92

SECTION 3. APPROVAL OF BUILDING PERMIT ........................................... 93

SECTION 4. EXPIRATION OF BUILDING PERMIT ........................................ 93

SECTION 5. CERTIFICATE OF OCCUPANCY ................................................. 93

SECTION 6. TEMPORARY CERTIFICATE OF OCCUPANCY ....................... 94

SECTION 7. RECORD OF BUILDING PERMITS AND CERTIFICATES OF

OCCUPANCY ………………………………………………………………………..94

SECTION 8. FAILURE TO OBTAIN A BUILDING PERMIT OR

CERTIFICATE OF OCCUPANCY ............................................................................. 94

SECTION 9. CONSTRUCTION AND USE TO BE AS PROVIDED IN

APPLICATIONS, PLANS, PERMITS AND CERTIFICATES .................................. 94

SECTION 10. COMPLAINTS REGARDING VIOLATIONS ............................... 94

SECTION 11. PENALTIES ..................................................................................... 95

SECTION 12. SCHEDULE OF FEES, CHARGES AND EXPENSES .................. 95

ARTICLE XV: AMENDMENT ................................................................................... 96 SECTION 1. GENERAL ........................................................................................ 96 SECTION 2. INITIATION OF ZONING AMENDMENTS ................................. 96

SECTION 3. CONTENTS OF APPLICATION .................................................... 96

SECTION 4. TRANSMITTAL TO COMMISSION ............................................. 97

SECTION 5. COMMISSION PUBLIC HEARING ............................................... 97

SECTION 6. RECOMMENDATION BY COMMISSION ................................... 98

SECTION 7. ACTION BY CITY COUNCIL........................................................ 98

SECTION 8. RESUBMISSION OF APPLICATION ............................................ 99


SECTION 9. ZONING UPON ANNEXATION .................................................... 99

ARTICLE XVI: ADMINISTRATION .......................................................................100 SECTION 1. GENERAL .......................................................................................100 SECTION 2. City Clerk .........................................................................................100

SECTION 2. Building Inspector............................................................................100

SECTION 3. COMMISSION ................................................................................100

SECTION 4. DUTIES OF THE COMMISSION ..................................................102

SECTION 5. CONFLICT OF INTEREST ........................................................... 102

ARTICLE XVII: SUBDIVISIONS ............................................................................ 103 SECTION 1. JURISDICTION AND GENERAL PROVISIONS........................ 103

A. Title. .................................................................................................................. 103

B. Intent and Purpose. ............................................................................................ 101

C. Jurisdiction. ....................................................................................................... 105

D. Application. ....................................................................................................... 105

E. Administration. .................................................................................................. 105

F. Severability. ....................................................................................................... 105

SECTION 2. DEFINITIONS................................................................................ 105

SECTION 3. PLATTING .................................................................................... 110

A. Platting Required............................................................................................... 110

B. Development Without Platting. ......................................................................... 111

SECTION 4. PROCEDURE FOR SUBDIVISION APPROVAL ....................... 112

A. Approval of Subdivision Plat Required. ........................................................... 112

B. PreApplication (Sketch Plan). ........................................................................... 112

C. Preliminary Plat. ................................................................................................ 113

1. Application....………………………... .............................................................. 113

2. Combining Preliminary and Final Plats…………………………………….........113

3. Content of Preliminary Plat Submittal. .............................................................. 113

4. Requirement for Preliminary Plat and Preliminary Engineering Drawings. ..... 114

5. Fees………………………………………………. ........................................... 116

6. Administration Review.. .................................................................................... 116

7. Technical Review Committee Recommendations. ............................................ 116

8. Public Notification. ............................................................................................ 117

9. Commission Action. .......................................................................................... 117

10. Action on a Combined Preliminary and Final Plat. ......................................... 118

11. Appeals. ........................................................................................................... 118

12. Preliminary Plat Approval Period. ................................................................... 118

13. City Council Approval. .................................................................................... 119

D. Final Plat. .............................................................................................................. 119

1. Application......................................................................................................... 119

2. Content of Final Plat Submittal.......................................................................... 120

3. Final Plat Requirements. .................................................................................... 120

4. Number of Copies of Final Plat. ........................................................................ 123

5. City Surveyor Designated. ................................................................................. 123

6. Coordinate Computations Required................................................................... 123

7. Dedications Required. ........................................................................................ 123

8. Monuments Required. ........................................................................................ 124

9. Accuracy Requirements. .................................................................................... 124

10. Amended Plats. ................................................................................................ 124


11. Fees. ................................................................................................................. 125

12. Commission Action. ........................................................................................ 125

13. Technical Committee and Agency Review...................................................... 125

14. Technical Review Committee Recommendations. .......................................... 126

15. Public Hearing Notice Required. ..................................................................... 126

16. Property Owner Notification............................................................................ 126

17. Commission Action. ........................................................................................ 127

18. Appeals. ........................................................................................................... 128

19. Approval Period. .............................................................................................. 128

20. City Council Action. ........................................................................................ 128

21. Filing of Final Plat and Related Documents. ................................................... 130

22. Annexation and Zoning Ordinances. ............................................................... 130

SECTION 5. DESIGN AND CONSTRUCTION STANDARDS ....................... 130

A. Minimum Design and Construction Standards Required. ................................ 130

B. General Street Location, Arrangement, and Miscellaneous Items. ................... 131

C. Street Right-of Way Widths. ............................................................................. 133

D. Street curbed or Paved Widths.......................................................................... 134

E. Street Grades. .................................................................................................... 134

F. Street Alignment and Curvature. ....................................................................... 134

G. Street Ballast Depths. ...................................................................................... 135

H. Street Names. .................................................................................................... 135

I. Intersections. ....................................................................................................... 136

J. Sidewalks............................................................................................................ 137

K. Driveway Approaches. ...................................................................................... 137

L. Vehicle Parking. ................................................................................................ 138

M. Alleys................................................................................................................ 139

N. Easements.......................................................................................................... 139

O. Blocks................................................................................................................ 140

P. Lots. ................................................................................................................... 141

Q. Reserve Strips. .................................................................................................. 142

R. Delivery of Irrigation Water.............................................................................. 142

S. Irrigation Facilities............................................................................................. 143

SECTION 6. SUBDIVISION IMPROVEMENTS REQUIRED ......................... 144

A. Subdivision Improvement Plans. ...................................................................... 144

B. Required Public Improvements. ........................................................................ 145

C. "As Built" Drawings and Engineer's Certification Requirements..................... 148

D. City vs. Subdivider's or Property Owner's Responsibility for Water lines. ...... 148

E. City vs. Subdivider's or Property Owner's Responsibility for Sewer lines. ...... 149

F. City vs. Subdivider's or Property Owner's Responsibility for Sewage Lift

Stations.................................................................................................................... 151

G. City vs. Subdivider's or Property Owner's Responsibility for Storm Drainage

Facilities. ................................................................................................................. 151

H. City vs. Subdivider's or Property Owner's Responsibility for Bridges, Streets and

Alleys. ..................................................................................................................... 152

I. Arterial Street and Bridge Fee Required. ........................................................... 153

J. Payment of Arterial Street and Bridge Fees. ...................................................... 154

K. Exceptions to Arterial Street and Bridge Fee Schedule. ................................... 154


L. Arterial Street and Bridge Fund. ....................................................................... 155

SECTION 7. VARIANCES................................................................................... 155

A. Purpose.............................................................................................................. 155

B. Findings. ............................................................................................................ 155

SECTION 8. ENFORCEMENT, VIOLATIONS AND PENALTIES ................. 156

A. Enforcement. ..................................................................................................... 156

B. Violations and Penalties. ................................................................................... 157

ARTICLE XVIII: PENALTIES..................................................................................159

ARTICLE XIX: EFFECTIVE DATE.........................................................................159

APPENDIX A: ZONING AND LAND USE FEE SCHEDULE...............................160


ORDINANCE NO. 474

AN ORDINANCE ZONING THE CITY OF MALAD CITY, IDAHO; DIVIDING

SAID CITY INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE

PLAN; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF

STORIES, AND THE SIZE OF BUILDINGS AND OTHER STRUCTURES, THE

PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS,

COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION,

AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND

FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES;

PROVIDING REGULATIONS FOR THE HARBORING AND CONTAINMENT

OF ANIMALS WITHIN THE CITY LIMITS OF MALAD CITY; REQUIRING

AUTOMOBILE PARKING SPACE; ESTABLISHING PROCEDURES FOR THE

AMENDMENT OF THIS ORDINANCE; ESTABLISHING PROCEDURES FOR

VARIANCE APPLICATION AND SPECIAL USE PERMITS; PROVIDING FOR

THE REGULATIONS AND DEVELOPMENT OF PLANNED UNIT

DEVELOPMENT (PUD); ESTABLISHING PROVISIONS REGULATING THE

ERECTION OF SIGNS; PROVIDES REGULATIONS DEALING WITH ZONING

ADMINISTRATION AND ESTABLISHES A UNIFORM FEE SCHEDULE FOR

BUILDING PERMITS AND ZONING SERVICES; PROVIDING FOR THE

REGULATION AND DEVELOPMENT OF SUBDIVISIONS IN THE CITY OF

MALAD CITY, IDAHO, AND WITHIN 1/4 MILE OUTSIDE THE CORPORATE

LIMITS OF THE CITY; PROVIDING PENALTIES FOR THE VIOLATION OF

ITS PROVISIONS; PROVIDING FOR ITS ENFORCEMENT, AND PROVIDING

WHEN THE ORDINANCE SHALL BECOME EFFECTIVE.

WHEREAS, the City Council of Malad City, Idaho, deems it necessary for the

health, peace, safety, morals, convenience, order and general welfare of the present and

future inhabitants of Malad to make and adopt general and comprehensive amendments

in its zoning plan; and

WHEREAS, the City Council may amend, supplement, change modify or repeal its

Zoning Ordinance and Map, pursuant to authority granted in Idaho Code 67-6511 and 67-

6509.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY

COUNCIL OF THE CITY OF MALAD CITY, IDAHO:


ARTICLE I: TITLE, PURPOSE, DECLARATION, INTENT

SECTION 1. TITLE

This Ordinance shall be known and entitled as "THE ZONING ORDINANCE OF

MALAD CITY, IDAHO," and may be cited and pleaded.

SECTION 2. PURPOSE

The zone boundaries and regulations which apply within each of the zones have been

made in accordance with a comprehensive plan designed to promote the health, safety,

peace, convenience and general welfare of the inhabitants of Malad City,

*to protect property rights while making accommodations for other necessary types of

development such as low-cost housing and mobile home parks;

*to promote the orderly growth and development of the City;

*to promote economy in the cost of fire and police protection and other governmental

services;

*to lessen congestion in the streets and reduce the waste of excessive amounts of streets;

*to protect the tax base;

*to foster industry;

*to protect property values;

*to avoid undue concentration of population, and prevent the overcrowding of land;

*to facilitate adequate provisions for transportation, water, sewage, schools and other

public requirements;

*and to provide adequate light and air, and foster a wholesome, serviceable and attractive

City


SECTION 3. DECLARATION

In establishing the zones, the boundaries thereof, and the regulations applying within

each of the zones, due and careful consideration was given among other things to the

suitability of land for particular uses with a view to conserving the value of buildings and

encouraging the most appropriate use of land throughout the city.

SECTION 4. INTERPRETATION AND INTENT

It is the intent of the City Council of Malad City that the regulations and restrictions as

set forth in this Ordinance shall be so used as to further the purpose of this Ordinance. If

interpretation is required, it shall be done by the City Attorney.

SECTION 5. AUTHORITY

Idaho State "Local Planning Act of 1999". These regulations are authorized by Title 50,

Chapter 13 and Title 67, Chapter 65 of the Idaho Code as amended or subsequently

codified and Article 12, Section 2, of the Idaho Constitution.

This Regulation as prepared is meant to conform to the above and further interpretations

may be secured therefrom above and will confirm thereto.

All other ordinances, regulations or local statutes or parts of regulations, ordinances, or

local statutes in conflict herewith are hereby repealed, that if any section, paragraph, sub-

division, clause or provision of this Ordinance shall be held invalid, such invalidity shall

apply only to the section, paragraph, sub-division, clause or provision so held invalid and

the remainder of this Ordinance shall be and remain in full force and effect.

Whenever the regulations made under authority of this Ordinance require a greater width

or size of yards or courts, or require a lower height of building or less number of stories

or require a greater percentage of each lot to be left unoccupied, or impose other higher

standards than are required in any other statute or local ordinance or regulation, the

provisions of the regulations made under authority of this Ordinance shall govern.

Wherever the provisions of any other status or local ordinance or regulation requires a

greater width or size of yards or courts, or requires a greater percentage of each lot to be

left unoccupied, or imposes other higher standards than are required by the regulations

under the authority of this Ordinance then the provisions of such statute or local

ordinance or regulation shall govern.


In interpreting and applying the provisions of this section, they shall be held to be the

minimum requirements adopted for the promotion of health, safety, moral, comfort,

convenience, or the general welfare.


ARTICLE II: DEFINITIONS

Words not defined herein shall be given the meaning ordinarily applied to such words.

The word "structure" shall include the word "building" and any construction or

obstruction that is more than three (3) feet in height, and the word "lot" shall include the

word "plot".

1. Accessory Building or Use: A subordinate building or use which is located on the

same lot on which the main building or use is situated and which is reasonably

necessary and incidental to the conduct of the primary use of such building or to the

main use.

2. Acreage: Any tract or parcel of land which has not been subdivided, or platted.

3. Alley: A street or way shown on the official plat of the Municipality or its additions

and designated thereon as an alley.

4. Apartment: A room or suite of rooms in a multiple-family structure, which is

arranged, designed, used or intended to be used as a housekeeping unit for a single

family.

5. Automobile: A passenger vehicle.

6. Automobile Repair: General repair, rebuilding or reconditioning of motor vehicles,

collision service, such as body, frame or fender straightening and repair of motor

vehicles.

7. Automobile Service Station: As establishment where automotive fuels and

lubricants, accessories and services are sold at retail; however, where the sale of such

is only incidental, the establishment or premises shall be classified as a public garage.

8. Auto Wrecking or Junk Yard: Any place where two (2) or more motor vehicles

not in running condition, or parts thereof, and land, building or structure used for

wrecking or storing vehicles or farm machinery or parts thereof, stored in the open

and not being restored to operating condition; and including the commercial

salvaging and scavenging of any other goods, articles, or merchandise.

9. Basement: A story partly or wholly underground where not more than thirty percent

(30%) of its height is above the average level of the adjoining ground; as measured

from the floor level of the basement. A basement shall not be counted as a story for

purpose of height measurement.

10. Billboard: Any structure or portion thereof upon which are placed posters,

removable advertising material or paper material pasted in place, designed to be


changed periodically, and making pictures or lettering designed to offer services or

merchandise for sale. The definition does not include any bulletin boards used to

display official court or public office notices or church announcements, theater

marques or signs attached to theater advertising films showing, real estate office

signs, with changeable metal or plastic letters, offering property for sale or sign

advertising the sale or lease of the premises on which the sign is located.

11. Bed and Breakfast Facility: A dwelling in which the residents operate one (1) to

five (5) overnight guestrooms for compensation on a daily basis. The only meal

provided to customers is breakfast and only to customers lodging in the facility. The

facility retains the appearance of a residential structure within its neighborhood.

12. Building: Any structure having a roof supported by columns or walls, and designed

or intended for the shelter, support, enclosure or protection of persons, animals, or

chattels.

13. Building Area: The buildable area of a lot is the space remaining after adherence to

the minimum open space requirements of this Ordinance.

14. Building Line: For the purpose of this Ordinance, the building line is the same as a

front yard set back line.

15. Carport: A structure which is open to the weather on at least two (2) sides, intended

for the use of sheltering motor driven vehicles.

16. Clinic: A structure containing more than one (1) doctor's office or dentist's office

where consultation is conducted and sick or injured persons are given primary

treatment.

17. Council: The City Council of the City of Malad City, Idaho.

18. Court: An open unoccupied space, other than a yard, on the same lot with a building

and bounded on two (2) or more sides by such building.

19. Dwelling: A building or portion thereof, but not an automobile house trailer,

designed exclusively for residential occupancy, including hotels, boarding and

lodging houses, which meets the minimum requirements of the Uniform Building

Code.

20. Dwelling Unit: One (1) or more rooms in a dwelling or apartment hotel designed

primarily for occupancy by one (1) family for living or sleeping purposes.

21. Dwelling, One-family: A detached building designed exclusively for occupancy by

one (1) family.

22. Dwelling, Two family: A building designed exclusively for occupancy by two (2)

families living independently of each other.


23. Dwelling, Multiple: A building or portion thereof designed for occupancy by three

(3) or more families living independently of each other.

24. Dwelling, Row: A row of three (3) or more attached one (1) family dwellings.

25. Family: An individual or two (2) or more persons related by blood or marriage or a

group of not more than six (6) living together as a single housekeeping unit in a

dwelling unit.

26. Frontage: All property on one (1) side of a street between two (2) intersecting

streets, or natural barriers.

27. Garage, Private: An accessory building for the storage of not more than three (3)

motor vehicles of which not more than one (1) shall be a commercial vehicle of not

more than two (2) ton rating.

28. Garage, Public: A building other than a private garage used for the care, repair, or

equipment of automobiles, or for vehicles parked or stored for enumeration, hire or

sale.

29. Guesthouse: A structure for human habitation, containing one (1) or more rooms

with a bath and toilet facilities, but not including a kitchen or facilities which would

provide a complete housekeeping unit.

30. Home Occupation: Any use customarily conducted entirely within the dwelling,

occupying not more than 50% thereof, and carried on by the inhabitants thereof,

which use is clearly incidental and secondary to the use of the dwelling for dwelling

purposes, and which is served by the usual entrances to the home, and which does not

change the character thereof.

31. Hospital or Sanitarium: An institution open to the public in which sick patients or

injured persons are given medical or surgical care; or for the care of contagious

diseases or incurable patients.

32. Hotel: A building designed for occupancy as the more or less temporary abiding

place of individuals who are lodged with or without meals, in which there are six (6)

or more guest rooms, and in which no provisions are made for cooking in any

individual room or suite.

33. Institution: A building occupied by a nonprofit corporation or a non profit

establishment for public or semipublic use.

34. Kennel: A lot or premises on which four (4) or more dogs are kept, regardless of

age, excepting puppies up to six (6) weeks old.


35. Laboratory: A place devoted to experimental study such as testing and analyzing.

Manufacturing of a product or products is not to be permitted within this definition.

36. Loading Space: An off-street space or area 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.

37. Lot: A parcel or plot of land occupied or suitable for occupancy by one (l) main

building or use, with accessory buildings and having its principal frontage upon a

public street or highway.

38. Lot, Corner: A lot situated at the intersection of two (2) or more streets.

39. Lot, Reversed Corner: A corner lot the rear of which abuts upon the side of another

lot, and which faces a street running at right angles to the alley.

40. Lot, Frontage: The front of a lot shall be that boundary of a lot along a public street.

41. Lot, Interior: A lot other than a corner lot.

42. Lot, Width: The horizontal distance between the two (2) side lot lines.

43. Lot, Depth: The horizontal distance between the front and rear lot lines.

44. Nonconforming Use: Any building, structure or land lawfully occupied by a use or

lawfully situated which does not conform to the regulations of this Ordinance.

45. Nursing Home or Rest Home: A private hospital for the care of children, the aged

or infirmed, or a place of rest for those suffering physical or mental disorders, but not

facilities for the treatment of sickness or injuries or for surgical care.

46. May: The word "may" is permissive. "Shall" is mandatory.

47. Mobile Home: A manufactured relocatable dwelling unit which may not meet the

minimum requirements of the Uniform Building Code.

48. Parking Area: An open area for the parking of privately owned automobiles and not

for public use.

49. Parking Area, Public: An open area, other than a street, used for the temporary

parking of more than four (4) automobiles and available for public use whether free,

for compensation or as an accommodation for clients or customers.

50. Parking Space: An area, enclosed or unenclosed, which has adequate access to

public street or alley, sufficient in size to store one (1) automobile.


51. Porch: A roofed entrance to a building, projecting out from the wall or walls of the

main structure and commonly open in part to the weather.

52. Shall: The word "shall" is mandatory. "May" is permissive.

53. Signs, Outdoor Advertising: A sign of any type or material, installed any place for

outdoor advertising purposes.

54. Story: That portion of a building included between the surface of the floor next

above it or if there be no floor above it, then the space between such floor and the

ceiling next above.

55. Structure: Anything constructed or erected, either on the ground or on something

having location on the ground, fences, hedges; over four (4) feet above the

established grade shall be regarded as structures.

56. Structural Alterations: Any change which would prolong the life of the supporting

members of a building or structure, such as bearing wall, columns, beams or girders.

Structural alteration shall not include interior or exterior decorating or re-decorating.

57. Terrace, Open: A level and rather narrow plain or platform, which for purposes of

this Ordinance, is located adjacent to one (1) or more faces of the main structure and

which is constructed not more than four (4) feet in height above the average of the

adjoining ground.

58. Tourist Court: A group of attached or detached buildings, including auto courts,

motels or motor lodges, containing individual sleeping or living units, designed for or

used by tourists or transients, with garage attached or parking space conveniently

located to each unit.

59. Tourist Home: A dwelling in which overnight accommodations are provided or

offered for transient guests.

60. Trailer: A vehicle without motive power, designed to be moved by another motor

vehicle.

61. Trailer Camp, Automobile: Any premises occupied or designed to accommodate

more than one (1) automobile house trailer.

62. Travel Trailer: The term "Travel Trailer" shall mean and include all living

accommodation units which are capable of unrestricted highway use, and not placed

upon any foundation, the term shall include, but not be limited to, travel trailer, motor

home units, campers mounted on automotive vehicles and camping tents.


63. Travel Trailer Court: A tract of land retained in one ownership, for the purpose of

rental of spaces for temporary placement of travel trailers, as defined in this

Ordinance.

64. Use: The purpose for which land or a building is intended, designed, arranged or

maintained.

65. Yard: An open space unoccupied and unobstructed from the ground upward, on the

same lot with a main building.

66. Yard Front: A yard extending across the full width of the lot and lying between the

front line of the lot and the nearest line of the principal building.

67. Yard, Rear: The area located between the rear line of a building or structure and the

rear boundary of a lot or an existing or proposed street right of way and extending

along the entire width of the lot.

68. Yard, Side: That part of the yard lying between the main building and a side lot line,

and extending from the required front yard (or from the front lot line, if there is no

required front yard) to the required rear yard.

69. Zone: A section or sections of the incorporated area of the City for which the

regulations and provisions governing the use of buildings and land use uniform for

each class of use permitted therein


ARTICLE III: ESTABLISHMENT OF ZONES

SECTION 1. CITY DIVIDED INTO ZONES

In order to accomplish more fully the objectives and purposes of this Ordinance, Malad

City, Idaho is hereby divided into zones which shall be known by Symbols and Names as

follows:

"R" Residence Zone

"C" Commercial Zone

"DA" Development Agreement Zone

"I" Industrial Zone

"RMH" Residential Mobile Home Zone

SECTION 2. ZONING MAP

The location and boundaries of each of the zones shall be detailed on a map to be entitled,

"Official Zone Map of Malad City, Idaho" and said map with all notations, references and

other information shown thereon is hereby declared to be an official record and a part of

this Ordinance.

The Official Zone Map shall be identified by the signature of the Mayor, attested by the

City Clerk, and shall bear the seal of the City and be the most current zoning map as

adopted by The City of Malad.

The Official Zone Map shall be located in the office of the City Clerk, 59 Bannock Street,

Malad City, Idaho, and shall accurately designate the current boundary lines of the

several zones within Malad City, Idaho.

Whenever amendments are made in zone boundaries or other matters portrayed on the

Official Zone Map, said Official Zone Map shall be promptly changed by the City Clerk.

Any area annexed to the Municipality shall, upon annexation by automatically zoned

"Residence R" until otherwise zoned.

No amendment to the Official Zone Map shall become effective, however, until the map

has been duly changed in accordance with an amending ordinance, and the amending

ordinance has been signed by the Mayor and attested to by the City Clerk. In the event of

a conflict between this or an amending ordinance and the Zone Map, this or an amending

ordinance shall govern.


SECTION 3. DETERMINATION OF ZONE BOUNDARIES

Where uncertainty exists with respect to the boundaries of various zones, the following

rules shall apply:

A. Where the intended boundaries on the Zone Map are approximately street or alley

lines, said street or alleys shall be construed to be the zone boundaries.

B. Where the indicated boundaries are approximately lot lines, said lot lines shall be

construed to be the zone boundaries, unless otherwise indicated.

C. Where land has not been subdivided into lots, the zone boundary shall be determined

by the use of a scale of measurement shown on the map.

D. Where other uncertainty exists, the Zoning Commission shall interpret the map,

subject to review by the City Council.

SECTION 4. GENERAL PROVISIONS

A. All streets, alleys, and railroad right-of-ways, if not otherwise specifically designated

shall be deemed to be in the same zone as the property immediately abutting upon

such alleys, streets or railroad right-of-ways. Where the center lines of a street or

alley serve as a district boundary, the zoning of such street or alley to the center line

unless otherwise specifically designated, shall be deemed to be that of the abutting

property.

B. No building or structure shall be erected, converted, enlarged, reconstructed, or

structurally altered, nor shall any building or land be used for any purpose other than

is permitted in the district in which the building or land is located.

C. No required yard or other open space around an existing building or which is

hereafter provided around any building for the purpose of complying with provisions

of this Ordinance shall be considered as providing a yard or open space for any other

building, nor shall any other building, nor shall any yard or any other required open

space on an adjoining lot to be considered as providing the yard or open space

whereon a building is to be created or established.


D. The minimum yards or other open spaces, including lot areas per family required by

this title for each and every building existing or for any building hereafter erected,

shall not be encroached upon or considered as yard or open space requirements for

any other building.

E. Every building hereafter erected or structurally altered to provide dwelling units shall

be located on a lot as herein defined and in no case shall there be more than one (1)

lot unless otherwise provided in the Title.

F. Any separate lot, the title of which was of record at the time of the adoption of this

Title, that does not meet the requirements of this Title for yards, courts or other area

of open space, may be utilized for single residence purposes; provided, the

requirements for such yard or court or net area, width, depth, or open space is within

60% of that required by this Title, if this variance is approved by the City Council.

The purpose of this provision is to permit utilization of recorded lots which lack

adequate width or depth as long as reasonable living standards can be provided.

G. No building shall be constructed upon a lot or parcel of land which does not abut

upon a public street unless a variance process is followed and granted by action of the

City Council, or if the lot is in a "Residence - R" zone and meets the requirements set

forth in this Ordinance for a Flag Lot.

H. No wall, fence, or shrubbery shall unreasonably obstruct or interfere with traffic

visibility.

I. No residential structure shall be erected upon the rear of a lot with another dwelling,

except that there may be constructed a guesthouse (without kitchen) or rooms for

guests within an accessory building; provided such facilities are used for the

occasional housing of guest of the occupants of the main structure and not for

permanent occupancy by others.

J. An area indicated on the Official Zoning Map or other records as a public park, or

recreation area, public utility area, cemetery, public school site, or semi-public open

space, shall not be used for any other purpose and when the use of the area is

discontinued, it shall automatically be zoned "Residence - R" until otherwise zoned.

K. Homes or buildings moved into a zone must conform to the minimum requirements

of the zone into which the house is to be moved and must conform in structure and

appearance to the surrounding structures so as not to detract from them. A building

permit must be secured before a building is moved in.

L. It is not intended by this Ordinance to interfere with or abrogate or annul any

easements, covenants, or other agreements between parties; however, where this

section imposes a greater restriction upon the height of buildings or larger lots or

yards than are imposed or required by existing regulations or by permits, easements,


covenants or agreements this section shall control. The section shall be construed

liberally to secure the beneficial interest and purposes thereof.


ARTICLE IV: REGULATIONS WITHIN ZONES

SECTION 1. "R" RESIDENCE ZONE

A. General Objectives and Characteristics of Zone.

The objective in establishing the "R" Residence Zone is to provide a residential

environment within the City. Characteristics of this zone are residential amenities

adequate to maintain desirable residential neighborhoods. The principal permitted uses in

the "R" Residential Zone shall be one (1) and two (2) family dwellings and certain other

public facilities which are necessary to promote and maintain stable residential

neighborhoods.

In order to accomplish the objectives and purposes of this Ordinance and to promote the

essential characteristics of this Zone, the following regulations shall apply in the "R"

Residence Zone:

B. Use Requirements.

The following uses shall be permitted in the "R" Residence Park Zone:

1. Single family dwelling units with a minimum floor space of 850 square feet,

excluding the basement.

2. Two (2) family dwellings with a minimum floor space, excluding basement, of

850 square feet per family unit.

3. Apartment houses, not exceeding four (4) family units per lot.

4. Boarding houses.

5. Agriculture and gardening.

6. Fences, walls, and hedges.

7. Customary household pets, including but not limited to cats, dogs, and canaries,

but not including the breeding of dogs or cats. No domesticated wild breeds

allowed.

8. Churches--by special permit of the City Council to be considered subsequent to

recommendation of the Planning Commission provided adequate off-street

parking is provided.


9. Home Occupations.

10. Schools, Public or Private by special permit of the City Council to be considered

subsequent to recommendation of the Zoning Commission; providing adequate

off-street parking is provided, and adequate play grounds are provided.

11. Colleges.

12. Libraries.

13. Parks and playgrounds.

14. Condominium projects as defined by Idaho Code, Title 55, Chapter 15, by special

permit of the City Council; to be considered subsequent to recommendation of the

Zoning Commission, providing aesthetic and environmental qualities and other

characteristics of said project substantially conforming to the provisions of this act and providing notice is given to all property owners adjoining any such project and a public hearing is held after reasonable notice if requested in writing by any adjoining property owner.

C. General Provisions.

1. Set Back

In an "R" Residential Zone, every building hereafter erected shall have a set back of

at least 30 feet from the street property line on which the building fronts, eight (8) feet to an interior lot line, and 20 feet to the rear lot line or such building shall line up with the majority of the existing buildings on the street.

When any building is structurally altered, the owner thereof may have the option of

complying with the set back requirements of this Ordinance or he may maintain the

same set backs existing before the alteration so long as he complies with the other

provisions of this Ordinance.

2. Lot Area & Width

No dwelling shall be erected or placed on any lot having a width of less than 70 feet

at the minimum building set back line, nor shall any dwelling be erected or placed on

any lot having an area of less than 8,000 square feet.

3. Building Height

No building shall exceed two (2) stories in height; and not exceeding 30 feet in

height


4. Accessory Buildings

The following accessory buildings and structures shall be allowed: private garage

and/or carport for the storage of automobiles owned by persons residing on the

premises as set forth herein; greenhouses for private use only; private swimming

pools; pergolas and arbors

There shall be no more than three (3) accessory buildings exceeding 50 square feet

per 1/2 acre.

Accessory buildings shall not be located in any required front yard area.

Accessory buildings with floor space less than or equal to 120 square feet will not be

located closer than two (2) feet from any side or rear property line.

Accessory buildings with floor space greater than 120 square feet shall not be located

closer than six (6) feet from any side or rear property line.

Garages accessory to single family uses may have a capacity of no more than three

(3) cars. Garages accessory to multi-dwelling, apartments, dwelling units, or

rooming units uses may have a capacity of no more than two (2) cars per dwelling

unit, apartment unit and or rooming unit located on the premises.

5. Animals Allowed

In any "R" Residential Zone in which the land is predominantly vacant or occupied

by agricultural uses, the keeping of cows, horses, sheep, and fowl shall be subject to

the following limitations:

A. A minimum of one-half (1/2) acre (21,780 square feet) is required to keep

cow(s), sheep, horse(s), or fowl within Malad City limits. There may be

kept not more than two (2) cows, two (2) sheep, two (2) horses or fifteen

(15) fowl per one-half (1/2) acre (21,780 square feet) of land upon which the

same are kept, and two (2) cows, two (2) sheep, two (2) horses or fifteen (15)

fowl per one-half (1/2) acre of land thereafter in one-half (1/2) acre increments.

B. Except for pasturing purposes, no cows, sheep, or horses shall be kept

within a distance of 50 feet from any street line, nor within a distance of 100

feet from any dwelling other than a dwelling on a parcel of land on which the

same are kept, nor within a distance of 50 feet from any dwelling.

C. Fowl shall not be kept within a distance of 50 feet from any street line, nor

within a distance of 100 feet from any dwelling other than a dwelling on a

parcel of land on which the same are kept, nor within a distance of 50 feet

from any dwelling.

D. It shall be unlawful for any person to keep any animal on any property

located within the city when the keeping of such animal(s), or the method


of keeping or harboring such animal(s), constitutes a public nuisance or

menace to public health or safety or causes an adverse impact to

neighboring properties. This includes, but is not limited to such impacts as

odor, noise, drainage, erosion, and insects. No person owning, harboring,

keeping, or in charge of any animal shall cause unsanitary, dangerous, or

offensive condition(s) by virtue of the size or number of animals

maintained at a single location or due to the inadequacy of the facilities. It

shall be a violation of this section if the number of the animals exceeds the

provisions set forth above, or if the animal(s) is offensive, injurious or

dangerous to the public health or the neighbors in close proximity to the

premises. It shall be unlawful for any person to allow any animal in

his/her care to become a public nuisance. Conduct which renders an

animal a public nuisance shall include, but not be limited to:

1. Repeated running at large (more than 2 violations shall be

considered repeated running at large per se ).

2. Damaging, soiling, defiling, urinating on, or defecating on any

property other than that of its owners.

3. Making disturbing noises, including, but not limited to,

continued and repeated howling, barking, whining, crowing,

braying, or other utterances causing unreasonable annoyance,

disturbance, or discomfort to neighbors or others in close

proximity to the premises where the animal is kept or harbored.

4. Fouling of the air by noxious or offensive odors and thereby

creating unreasonable annoyance or discomfort to neighbors or

others in close proximity to the premises where the animal is kept

or harbored.

5. Molesting, attacking, causing a noise disturbance, or otherwise

interfering with the freedom of movements of persons in a public

right of way or on private property not its own.

6. Chasing a motor vehicle in a public right of way.

7. Interfering with the enjoyment or use of another's property.

8. Any violation of Malad City Ordinance Number 439.

E. The keeping of animals on lots zoned "R" Residential before the date of

adoption of Malad City Ordinance No. 410 (1995) may continue as

practiced without enlargement or expansion. All parcels of land conveyed

by any means subsequent to the adoption of Malad City Ordinance No.

410 (1995), shall be subject to the provisions of Malad City Ordinance

No. 410 in effect at the time of said conveyance. All parcels of land

conveyed by any means subsequent to the adoption of this ordinance,


amending Malad City Ordinance No. 410 (2013), shall be subject to this

ordinance.

F. The temporary keeping of animals for weed abatement purposes shall be

allowed as long as the vegetation coming from the ground sustains the

animal(s) without supplemental feed during the temporary abatement

process, but said animal(s) are subject to the restrictions of subsection D

above.

G. Bona fide keeping of animals for educational purposes such as 4-H, FFA

and Oneida County Fair shall be allowed, but said animal(s) are subject to

the restrictions of subsection D above.

H. Swine shall not be kept or maintained within Malad City limits.

6. Flag Lots

This chapter provides standards for the development of lots which have adequate

land area for two (2) lots, but which either do not have adequate street frontage for

more than one (1) lot or wish to have one lot behind another. The standards require

access for safety and emergency vehicles and also require screening in the higher

density residential areas to protect the privacy of abutting residences. The intent of

this provision is to allow additional housing opportunities and to promote the

efficient use of residential land. Flag lot development is allowed only in a

Residential "R" district.


A. Flag lots may be permitted; provided that the minimum width of the flag stem

is 30 feet or more. No more than two (2) lots may be accessed from a single

flag pole.

B. Flag Lot Dimensions -- Residential flag lot dimensions are measured from the

mid-point between two opposite lot lines of the flag portion of the lot.

C. Flag Lot Area Calculations -- When calculating lot area, only the flag portion

shall be counted.

D. The required minimum lot area shall be the same as that required in "R"

Residential zoned lots.

E. The minimum lot width and lot depth shall be the same as that required for

"R" Residential zoned lots.

F. The access pole shall be part of the flag lot and shall be under the same

ownership as the flag portion. An easement is not an allowed means of

providing access to a flag lot.

G. Non-residential development and multiple dwelling units are not allowed on

flag lots.

H. Setbacks -- Flag lot required setbacks: Fifteen (15) feet on the front and back,

eight (8) feet on the sides.

I. On lots that have 10,000 square feet or less in area, a 6-foot tall fence is

required around the perimeter of the flag lot to provide privacy to the

surrounding lots. The pole and lot line that separates the flag lot and the lot

from which it was divided are exempt from this requirement.

J. No building on a flag lot shall exceed one (1) story in height.

7. Parking Stands.

Stands for the sale of merchandise or produce shall not be permitted on the parking

area in "R" Residential zones except for temporary charity, public or church fund

raising projects.


SECTION 2. "C" COMMERCIAL ZONE

A. Objectives and Characteristics of Zone.

The objective in establishing the Commercial Zone is to create and maintain a dominant

shopping and financial center of the City and surrounding territory. For this reason the

zone has been located in the part of the City where the street pattern makes the business

buildings readily accessible to all parts of the City and surrounding region, and where

business and shopping activities can be carried on with maximum convenience. The "C"

Commercial Zone is characterized by clean, well lighted streets, ample pedestrian ways

and vehicular parking lots for the convenience and safety of the public. Attractive,

inviting, and well-maintained shops, stores, offices and other buildings are also

characteristic of this zone.

In order to accomplish the objectives and purposes of this Ordinance and to promote the

characteristics of this zone, the following uses shall be permitted in the Commercial

Zone:

1. Automobile service stations.

2. Banks.

3. Bakeries.

4. Barber shops and beauty parlors.

5. Business, music, dance, or commercial schools.

6. Books or stationery stores.

7. Dry cleaning and dyeing establishments using carbon tetrachloride or other

nonflammable cleaning agents, by special permit of the Zoning Commission.

8. Drug stores.

9. Electric appliances and repair shops.

10. Frozen food lockers by special permit of the Zoning Commission.

11. Florist shops and greenhouses

12. Grocery, fruit or vegetable stores.

13. Hardware stores.

14. Hotels.


15. Launderettes and Laundromats.

16. Meat market or poultry stores, if no slaughter or stripping is involved.

17. Motels.

18. Offices.

19. Pet shops or animal hospitals when conducted wholly within an enclosed

building; by special permit of the Zoning Commission.

20. Photographer's or artist's studios.

21. Professional or service offices.

22. Radio and television sales and service.

23. Retail stores and service, but expressly excluding those uses listed in Industrial

"I" Zone.

24. Restaurants.

25. Shoe repair shops.

26. Signs, outdoor advertising.

27. Tailor and dressmaking shops.

28. Telephone exchange buildings.

29. Temporary buildings incidental only to construction of permitted use.

30. Tourist homes.

31. Undertaking establishments.

32. Uses customarily incidental to any of the above uses and accessory buildings

when located on the same lot.

33. Agricultural, implement sales and service.

34. Air conditioning and heating sales and service.

35. Auction rooms.

36. Auditoriums.

37. Automobile sales and service shops.


38. Battery and tire service shops.

39. Beverage distributors, but not including bottling plants.

40. Billiard and pool rooms.

41. Book binding and print shops.

42. Catering establishments.

43. Dance halls.

44. Department, furniture and home appliance stores.

45. Employment agencies.

46. Expressing baggage and transfer delivery service.

47. Garages for public storage.

48. Light manufacturing, which is not dangerous or offensive on account of dust, gas,

or excessive noise.

49. Laboratories

50. Laundries by special permit of the Zoning Commission.

51. Painting shops, decorating shops, and building supply centers.

52. Plumbing, heating and roofing supply and work shops by special permit of the

Zoning Commission.

53. Printing, publishing and issuing of newspapers, periodicals, books and other

reading matter.

54. Printing shops.

55. Radio broadcasting stations.

56. Recreation places.

57. Taverns or retail sale of alcoholic liquors, subject to the regulations of other


58. Taxi service stations.

59. Theaters, indoor.


60. Trailer sales.

61. Wholesale establishment

62. Woodworking and carpenter shops.

63. Light manufacturing or processing which is clearly incidental to retail use is

permitted. Such manufacturing or processing is limited to that which employs not

more than 10 persons in manufacturing or processing.

64. Mobile home courts, complying with requirements of "RMH" Zone.

65. Billboards.

66. Multiple family dwellings.

B. Yard Regulations.

1. Side Yards.

For dwellings, same as for Residential Zone "R". Otherwise, wherever a building

is constructed upon a lot adjacent to a Residential District boundary there shall be

provided a side yard of not less than 10 feet on the side of the building adjacent to

the district boundary line. On corner lots, the side yard which faces on a street

shall be not less than 20 feet. The minimum width of lots shall be not less than 60

feet.

2. Front Yards.

The minimum set back for all buildings, hedges, fences and walls shall be 20 feet

or such building or structure shall be in conformity and line up with the majority of

the existing buildings on the street.

3. Rear Yard.

The minimum rear yard for all buildings shall be 15 feet.

SECTION 3. "DA" DEVELOPMENTAL AGREEMENT ZONE

A. General Objectives and Characterisitics of Zone


The Developmental Agreement Zone "DA" has been established as a district in which a

specific commercial use may be allowed on a parcel that is not zoned Commercial "C",

providing that the owner or developer make a written commitment concerning the use of

the parcel. The uses allowed under such a commitment are limited to the uses allowed in

a Commercial "C" zone.

A business may be permitted whenever such is specifically authorized by the special

permit of the City Council, which may be issued subsequent to recommendation of the

Planning and Zoning Commission.

The written commitment must be approved by the City Council, which may be issued

subsequent to the recommendation of the Planning and Zoning Commission. Before the

agreed use is permitted, the written agreement must be recorded in the office of the

Oneida County Recorder.

The commitment will be binding on the owner of the parcel, each subsequent owner, and

each other person acquiring an interest in the parcel.

The commitment may be modified only by permission of the City Council after proper

notice and a public hearing is held.

A commitment may be terminated by the City Council, and the zoning designation upon

which the use is based reversed, upon the failure of the requirements in the commitment

one (1) month after the owner has been notified of failure to comply with the

commitment.

B. Yard Regulations

Minimum setbacks shall be the same as a Commercial "C" zone unless the written

commitment states otherwise.


SECTION 4. "I" INDUSTRIAL ZONE


The Industrial Zone has been established as a district in which the primary use of the land

is for manufacturing, fabricating, processing and warehousing establishments. This zone

is characterized by relatively flat land peculiarly suited for industrial use. While much of

the land within this zone is currently devoted to agriculture and other open land uses, it is

intended that manufacturing and industrial uses shall be directed into this zone as the

need arises.

Representative of the uses within this zone are manufacturing and fabrication and

processing, storage, warehousing and wholesale distribution and railroad trackage, switch

yards and terminal facilities. The objectives in establishing the "I" Zone are:

1. To provide space for manufacturing and industrial uses within the City in appropriate

locations and to discourage uses which tend to thwart the use of land for industrial

purpose from locating within this zone.

2. To encourage the expansion of industrial establishments already existing within the

zone.

3. To encourage new industry to locate within the zone to the end that the economic

well-being of the City and its inhabitants shall be enhanced thereby.

4. To prevent the encroachment of industrial uses into non-industrial zones.

5. To prevent the commingling of incompatible uses and the attending depreciation of

property values and the unwholesome social conditions resulting therefrom.

In order to accomplish the objective and purposes of this Ordinance, and to encourage the

most appropriate use of land within this zone the following uses shall be permitted in the

industrial zone:

1. Automobile painting, upholstering, repairing, and reconditioning.

2. Bakeries, wholesale.

3. Beverages bottling and distributing stations.

4. Blacksmith shops.

5. Building equipment, building materials, lumber, coal, sand and gravel yards, and

yards for contracting equipment, maintenance or operating equipment of public

agencies or public utilities, or materials or equipment of similar nature.


6. Bus line shops and garages.

7. Canvas goods fabrication.

8. Carpet and rug cleaners.

9. Carting, express hauling or storage yards.

10. Cement block manufacture.

11. Chick hatcheries.

12. Cleaning and dyeing establishments.

13. Clothing and dress manufacturing.

14. Creameries.

15. Drapery and bedding manufacturing.

16. Electrical appliance and electronic instrument assembly.

17. Food processing and dehydrating for human consumption, but not including the

processing of sauerkraut, fish products, gelatine, sausage casings from animal

products, starch, dextrine, glucose, sugar, vinegar, yeast and the rendering or

refining of fats and oils.

18. Furniture manufacturing and upholstering.

19. Grain elevators and flour mills.

20. Greenhouses, wholesale grocers.

21. Heating and sheet metal fabrications.

22. Ice cream and ice manufacturing.

23. Laundries.

24. Machine shops and metal products manufacturing, when lot equipped with heavy

punch presses, drop forges, screw machines, riveting machines or other

equipment which may create vibrations or noise disturbing adjacent property

occupants.


25. Manufacturing.

26. Plastic products manufacturing, but not including the processing of the raw

materials.

27. Poultry and egg processing plants.

28. Storage of household goods.

29. Public utility electric substations and distribution centers, gas regulation centers

and underground gas holder stations.

30. Storage and sale of automobiles, trailers, farm implement and equipment and

other similar equipment on an open lot.

31. Storage and warehouses.

32. Storage of flammable liquids, fats or oils in tanks, each of 50,000 gallons or less

capacity, but only after the location and protective measures have been approved

by local governing officials.

33. Stones, marble and granite grinding and cutting.

34. Truck or bus storage yards or truck terminals.

35. Upholstering.

36. Tool and dye shops.

37. Window shade manufacturing.

38. The manufacturing establishments that can be operated without creating

objectionable noise, odor, dust, smoke, gas, fumes or vapor and that has a use

compatible with the use and occupancy of adjoining properties.

39. No residences are permitted except a caretakers residence.


SECTION 5. "RMH" RESIDENTIAL MOBILE HOME ZONE


The objective in establishing the "RMH" Residential Mobile Home Zone is to provide an

environment within the City which is characterized by the somewhat denser residential

environment than is characteristic of the other residential zones. A mobile home

subdivision, mobile home court, or travel trailer court are special residential facilities

specifically designed to accommodate mobile homes or other movable dwellings which

do not conform to the requirements for permanent location within the City, and to do so

in a manner that will provide a living environment of sustained desirability for the

occupants, and which will protect the integrity and characteristics of the area surrounding

the Residential Mobile Home Zone. It is the intent of the travel trailer provisions to

provide safe, sanitary, and attractive facilities for tourists to park a travel trailer or camper

while visiting the City.

B. Use Requirements.

The following uses shall be permitted in the "RMH" Residential Mobile Home Zone:

1. Any use permitted in the "R" Residential Zone, except residences as defined by

this Article.

2. Mobile Home Subdivisions when approved by the Planning Commission and

Council as required by this Article.

3. Mobile Home Courts when approved by the Planning Commission and Council as

required by this Article.

4. Travel Trailer Courts when approved by the Planning Commission and Council as

required by this Article.

5. It shall be unlawful for any person to locate or maintain a mobile home or travel

trailer on any lot in the City of Malad and to use the same for human habitation,

except as follows:

(a) A mobile home may be located in a mobile home court or in an approved

mobile home subdivision.

(b) A travel trailer may be located in a travel trailer court.


C. Construction.

Any portion of, or appendage, or any habitation, shelter, cabana, add-on or storage

facility as permitted herein shall conform with the requirements of this Ordinance and the

Uniform Building Code, as determined by the Zoning Commission. No person shall

construct a habitation, shelter, cabana, add-on or storage facility without first obtaining a

permit from the City of Malad.

D. Divisions.

1. Mobile Home Courts - Approval of Plans and Documents Necessary.

Any person wishing to construct a mobile home court shall obtain from the Zoning

Commission, information pertaining to the City's plan of land use, streets, public

facilities, zoning and subdivision ordinance, and other requirements affecting the

land within the development. Before any permit can be issued for any construction

connected with a mobile home court, the preliminary plans, required documents

pertaining to the development, and the final plan shall have been approved as

hereinafter set forth.

(a) Preliminary Plans and Documents. The preliminary plan and documents shall

be prepared and submitted as follows:

1. Plan Requirements. Six (6) copies of the preliminary plan must be submitted

to the Zoning Commission at least two (2) weeks prior to the meeting of the

Planning Commission at which the plan will be considered. The preliminary plan

shall be drawn to a scale not smaller than one (1) inch equals 100 feet, or as

recommended by the Zoning Commission, and shall show the following

information:

a. The topography represented by contours shown at no greater intervals than

two (2) feet when required by the Zoning Commission.

b. The proposed street and mobile home court layout.

c. Proposed reservations for parks, playgrounds and open spaces.

d. Size and character of recreation buildings and other structures associated

with land and facilities to be used by the mobile home occupants.

e. Layout of typical trailer space.

f. Tabulations showing:

1. Area of land within the mobile home court.


2. Number of mobile homes permitted.

3. Number of mobile home spaces provided for in the mobile home court.

4. Percent of area to be devoted to parks and playgrounds.

5. Number of off-street parking spaces.

6. Proposed location of off-street parking spaces.

7. Generalized landscape planting plan.

8. Location of existing and proposed utility lines and easements, water

and sewer lines, fire hydrants, storm drains and facilities, curbs and

other improvements.

9. Draft of proposed documents including:

10. Management policies, covenants and restrictions.

11. Maintenance agreement.

12. Typical street cross-sections.

13. Any other data that the Planning Commission may require.

3. Standards and Requirements. The development of a mobile court shall

conform to the following standards and requirements:

(a) The area shall be in one (1) ownership and shall remain in one (1)

ownership and the same shall not be subdivided.

(b) The final development plan must be prepared by an engineer or architect

licensed to practice in the State of Idaho.

(c) The initial site size for a mobile home court shall provide space for a

minimum of five (5) mobile homes and such additional area as may be

necessary to meet the requirements of this Ordinance.

(d) The mobile homes may be clustered, provided that the gross density of

mobile home units within the development does not exceed seven (7)

units per acre.

(e) The land area not contained in individual lots, roads, or automobile

parking spaces shall be set aside and developed as parks, playgrounds


and service areas for the common use and enjoyment of the occupants of

the mobile home court within two (2) years from the date of approval of

the mobile home court.

(f) No less than 500 square feet per mobile home in the mobile home court

shall be set aside for parks and playgrounds. The land covered by

vehicular roadways, sidewalks, off-street parking and landscaped areas

surrounding mobile home spaces which are pertinent to each mobile

home, and the area devoted to service facilities shall not qualify as part

of the area required for parks and playgrounds. Designated open space

shall be located as near the central part of the development as good

design will permit.

(g) No mobile home or add-on shall be closer than 10 feet to a property or

lot line. A rear yard of 25 feet will be required except that a minimum

rear yard of 15 feet will be accepted if one (1) of the required side yards

is a minimum of 25 feet. All mobile homes and add-ons shall be set

back at least 15 feet from all interior, private mobile home court

roadways.

(h) All off-street parking spaces and driveways shall be hard-surfaced within

one (1) year from date of approval of the mobile home court.

(i) A strip of land at least 20 feet wide surrounding the mobile home court

shall be left unoccupied by mobile homes and shall be planted and

maintained in lawn, shrubs, and trees designed to afford privacy to the

development.

(j) No mobile home shall be located closer than 30 feet to a public street.

(k) All storage and solid waste receptacles outside of the confines of a mobile home must be housed in a closed structure compatible in design and construction to the mobile home and to any service buildings within

the mobile home court. All patios, garages, carports, and other add-ons

must also be compatible in design and construction with the mobile

home and with the service buildings as approved by the Zoning

Commission.

(l)Roadways shall be of adequate width to accommodate anticipated traffic

as follows:

1. For one-way and two-way parking; 50 feet in width.

2. For entrance streets: minimum of 60 feet in width (48 feet curb-to-

curb).


3. All streets shall be bordered by curb, gutter and sidewalk and shall be

hard surfaced, or constructed as specified by the Engineering

Department and Planning Commission.

(m) There shall be no more than two (2) entrances from the mobile home

court into any one (1) street, which entrances shall be no closer than 100

feet from each other, nor closer than 70 feet to the corner of an

intersection.

All mobile home courts shall have at least two (2) entrances and more may

be required depending on the size of development.

(n) Access shall be provided to each mobile home space means of an access

way reserved for maneuvering mobile homes into position and shall be

kept free from trees and other immovable obstructions. Paving the access

way shall not be required. Use of planks, steel mats, or other means may

be used during placement of a mobile home.

(o) Off-street parking shall be provided at the rate of two (2) parking spaces

per mobile home space contained within the mobile home court. In no

case shall the parking space be located greater than 100 feet away from the

mobile home space it is designed to serve.

(p) In addition to meeting the above requirements and conforming to the other

laws of the City, all mobile home courts shall also conform to

requirements of the State Health Department. In event of any conflict

between said regulations or codes of this Article, the most restrictive

provision shall govern.

(q) Mobile home courts containing not less than 25 mobile homes may

include a launderette for convenience of the occupants of the court, but not

for the general public.

(r) All mobile homes shall be located at least 30 feet back from any public

street and the resulting yards must be landscaped except for driveways.

(s) Yard lighting. A minimum of two-tenths (0.2) foot candles of light shall

be required for protective yard lighting the full length of all driveways and

walkways.

(t) An aggregate area of at least 100 square feet for each mobile home space

contained within the mobile home court shall be provided for the storage

of the renters' boats, trailers, campers and other items that cannot be stored

in the mobile homes. Said storage space shall be enclosed with a sight

obscuring fence of not less than six (6) nor more than eight (8) feet in

height.


(u) The site of any mobile home court shall be graded and/or filled and

maintained so as to prevent the accumulation of storm or waste water of

any kind. A mobile home court shall not be permitted where there is

inadequate drainage. Adequate drainage shall be provided and maintained

for all patios, mobile home stands, buildings, sidewalks, streets and other

improvements.

(v) Signs as may be required by the Zoning Commission shall be placed in all

mobile home courts indicating the direction of travel and the areas where

no automobile parking will be permitted on the roadways.

(w) All streets, water, sanitary sewer, and storm drain systems shall meet

City standards and shall meet the approval of the City Engineer.

(x) Any mobile home which has been legally established and which was in

use at the time of the effective date of this Ordinance shall be deemed to

be a non-conforming use and such non-conforming use may be continued

notwithstanding the fact that it may not comply with the provisions of this

Ordinance, provided that such non-conforming use does not constitute a

hazard to health or a nuisance. Such non-conforming use shall not be

extended, changed or enlarged except in compliance with this Ordinance.

(y) Only mobile homes shall be allowed to occupy a mobile home space in a

mobile home court.

(z) Documents. Documents shall also be submitted with the preliminary

plan consisting of:

1. A declaration of management policies, covenants, and restrictions

setting forth the responsibilities and duties of the renters or occupants

and owner within the mobile home court.

2. An agreement between the developers and the City stating among

other things:

a. That the developer will construct the project in accordance with

approved plans.

b. That in the event of failure or neglect on the part of the owners,

successors, or assignees to maintain the common areas,

landscaping and other improvements in good condition, the City

may perform the necessary work and for the purpose may enter in

upon the land and do said work and charge the cost thereof,

including reasonable attorney's fees, against the owners or their

successors or assignees.


E. Review and Approvals.

The Planning Commission shall review the plan and proposed documents to

determine compliance with all portions of the City's Land Use Plan and Zoning

Ordinance. In considering said plan, the Planning Commission, among other

things, shall make sure that such developments shall constitute a residential

environment of sustained desirability and stability and that it will not adversely

affect amenities in the surrounding area. The Planning Commission may require

changes to be made in the plan or documents. They may also require additional

yards or buffers or other improvements to be installed along with greater amounts

of landscaping or parking spaces. Said changes may be imposed as conditions of

approval that are necessary to ensure that the development will mix harmoniously

with adjoining or nearby uses, and to ensure that the stated quality of the

maintenance will be carried out.

An application for approval of a mobile home court shall be granted or denied only

after a public hearing by the Planning Commission. Notice of the hearing shall be

given in a newspaper of general circulation at least 15 days prior to said hearing.

If approved by the Planning Commission, the application, with the Planning

Commission's recommendations shall be submitted to the City Council for its

approval. An application denied by the Planning Commission may be appealed to

the Council. Said appeal must be made in writing within 10 days after the denial is

made by the Planning Commission. Approval of the preliminary shall be valid for

a period of one (1) year.

F. Final Site Plan.

Upon approval of the preliminary plan and documents by the City Council, the

developer shall submit to the Planning Commission a final site plan of either the

entire mobile home court or the first stage of such development that is to be

constructed, and final copies of the required documents. Such plan shall be drawn

to scale and provide in detail, the information required under Preliminary Plans and

Documents of this Ordinance. This shall include detailed and complete plans of the

alignment, location and grades of all streets and utilities.

Copies of the final approved documents shall also be filed in the office of the

Zoning Commission. No building permit shall be issued for said mobile home

court until final plans have been approved by the Planning Commission and City

Council and the required documents filed in the office of the Zoning Commission

and until the guarantee of performance required under Guarantee of Performance of

this Ordinance has been properly posted.


G. Stage Construction Permitted.

Development may be carried out in progressive stages in which event each stage

shall be so planned that the requirements and intent of this Ordinance shall be fully

complied with at the completion of each stage. No final plan for the initial stage

shall provide for less than five (5) mobile home spaces and such additional area as

may be necessary to meet the requirements of this Ordinance.

H. Guarantee of Performance.

1. Ability to Perform. Prior to issuing a building permit for the construction of the

mobile home court, the developer must submit evidence satisfactory to the Council

that the developer has the financial means and the ability to complete the stage of

construction for which he has applied for a building permit. Such evidence shall

consist of the contractor's bid or the engineer's or architect's estimate of the amount

required to complete the development, together with the resources of the developer

committed to such expenditure of proof of the lean commitment sufficient to

construct and complete such development.

2. Possession and Occupancy. No possession or occupancy of the mobile home

court shall be allowed until the improvements as planned for each stage shall be

fully constructed. However, if the developer desires to have any occupancy of a

portion of the partially developed staged construction, then the developer shall post

bond as security for the completion of all improvements, including, but not limited

to, landscaping, road improvements, pedestrian ways, curbs, gutters, road

surfacing, water and sewer lines, and common facilities as shown on the final site

plan. Upon the posting of bond satisfactory in form and amount to the Council for

the completion of such improvement, occupancy may be granted upon a partially

constructed and developed mobile home court.

3. Estimates. All estimates of completing and costs shall be submitted to the City

Engineer for his approval.

4. Duration of Bond. The duration of any bonds or other assurance of completing

of improvements and development of mobile home courts shall be for a minimum

of two (2) years from the date of approval of the development by the Council. An

extension of time may be granted by the Council upon application of the developer

provided such application is submitted at least 60 days prior to the expiration of the

bond and provided the issuer of the bond is willing to extend the time of the

assurance.

5. Default. In the event the developer defaults or fails or neglects to satisfactorily

install the required improvements within the time limitation, the Council may

declare the bond or other assurance forfeited and the City may install or cause to be


installed, the required improvements using the proceeds from the bonds or other

assurance to defray the expense thereof.

6. Release of Security. The developer shall be responsible for the quality of all

materials and workmanship. All street, utility, and park work shall be continuously

inspected by the City and the City Engineer shall make a final inspection of the

improvements and shall submit a report to the Council. If the improvements do not

meet the standards and the plans, the engineer shall so report and the developer

shall be obligated to correct the improvements and complete the installation to meet

all such plans and to be approved by the City Engineer. Upon the Engineer's

approval of the installation or improvements, the bond or other assurance shall be

released and exonerated.

7. Continuing Obligation. Any failure on the part of the developer or his assignees

to maintain the mobile home court or any portion thereof in accordance with the

approved management policies, covenants, conditions and restrictions and

agreements shall be deemed a public nuisance endangering the health, safety, and

general welfare of the public and a detriment to the surrounding area.

All maintenance of private drives, including but not limited to, utilities, drainage,

streets and snow removal, shall be the responsibility of the owner.

In addition to any other remedy provided by law for the abatement or removal of

such public nuisance, the City may remove or abate the nuisance and charge the

cost thereof, including reasonable attorney's fees, to the owners.

I. Development of Parks and Play Areas.

The parks and play areas shall be protected against building development by

conveying to the City an open space easement over such open areas, restricting the

area against any future building or use, except as is consistent with that of

providing landscaped open space for the aesthetic and recreational satisfaction of

the residents. Buildings or uses for non-commercial, recreational, or cultural

purposes, compatible with the open space objectives, may be permitted only with

the express approval of the Council, following approval of building site and

operational plans by the Planning Commission. The granting of such open space

easement shall not absolve the developer from the responsibility of developing and

maintaining the parks and play areas.

SECTION 6. MOBILE HOME SUBDIVISIONS

All mobile home subdivisions must be approved by the Planning Commission and by the

City Council and shall be made to comply with the provisions of the Subdivision

Ordinance, with the following exceptions:


A. The minimum lot size of a mobile home subdivision shall be 5,000 square feet.

B. The minimum size of a mobile home subdivision shall be five (5) acres.

C. Each mobile home shall be required to have off-street parking for a minimum of

two (2) cars, and such parking shall be hard-surfaced.

D. Use Requirements: Any use permitted in the "R" Residence Zones, except

residences as defined in Article, Definitions.

E. A rear yard of 25 feet will be required. However, a minimum rear yard of 15 feet

will be accepted if one (1) of the required side yards is a minimum of 25 feet.

SECTION 7. SUPPLEMENTAL PROVISIONS FOR ALL ZONES

In addition to all yard regulations specified in the Official Schedule of District

Regulations and in other sections of this Ordinance, the following provisions shall be

adhered to:

A. Visibility at Intersections.

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to

grow in such a manner as to materially impede vision between a height of two and a half

(2 1/2) and ten (10) feet above the center line grades of the intersecting streets in the area

bounded by the right-of-way lines of such corner lots and a line joining points along said

street right-of-way lines 25 feet from the point of intersection. B. Fence and Wall Restrictions in Front Yards.

In any required front yard, no fence or wall shall be permitted which materially impedes

vision across such yard between the height of four (4) feet and ten (10) feet.

C. Yard Requirements for Multi-Family Dwellings.

Multi-family dwellings shall be considered as one (1) building for the purpose of

determining front, side and rear yard requirements. The entire group as a unit shall

require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the

appropriate district.

D. Architectural Projections.

Open structures such as porches, canopies, balconies, platforms, carports, covered patios

and similar architectural projections shall be considered parts of the building to which

attached and shall not project into the required minimum front, side or rear yard.


E. Exceptions to Height Regulations.

The height limitations contained in the Official Schedule of District Regulations do not

apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other

appurtenances usually required to be placed above the roof level and not intended for

human occupancy except where the height of such structures will constitute a hazard to

the safe landing and take-off of aircraft at an established airport.

F. Conversion of Dwellings to More Units.

A residence may not be converted to accommodate an increased number of dwelling

units unless:

1. The yard dimensions still meet the yard dimensions required by the zoning

regulations for new structures in that district;

2. The lot area per family equals the lot area requirements 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; and

4. The conversion is in compliance with all other relevant codes and ordinances.

G. 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

Commission.

H. Parking and Storage of Certain Vehicles.

Automotive vehicles or trailers of any kind of type without current license plates shall not

be parked or stored other than in a completely enclosed building or carport. However,

one (1) boat and one (1) travel trailer may be stored in the side or rear yard.

I. 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 (4) feet in height or within an enclosed building or structure. Adequate

vehicular access to and from such area or areas for collection of trash/garbage as

determined by the Commission shall be provided.


J. Measurement of Minimum Floor Area.

Single family and multi-dwelling residences shall be measured from the outside of walls

to the outside of walls, excluding all public and group uses spaces. Apartment and

rooming units shall be measured from the center line of walls to the center line of walls,

excluding all public and group used spaces.

K. Home or Buildings Moved into a Zone.

Home or buildings moved into a zone must conform to the minimum requirements of the

zone into which the house is to be moved and must conform in structure and appearance

to the surrounding structures, so as not to detract from them. A building permit must be

secured before a building is moved in.

L. Lot Extends into Two Different Zones.

Where a lot is located so that it extends into two (2) separate zones, the lot shall conform

to the requirements of the most restrictive of the two (2) zones.

M. Loading Space.

A reasonable loading space which does not interfere with or obstruct public streets,

sidewalks, parking areas or alleyways, shall be required for all retail, wholesale,

warehousing, processing, manufacturing establishments, or other businesses, clinics,

professional offices, apartments, or other establishments requiring frequent transfer of

goods or supplies.

N. Landscape Areas.

All yards or portions continually maintained in an attractive and clean condition and

landscaping must be completed within one (1) year of completion of the building.

O. Platted Lots with Below Minimum Requirements.

Any separate lot, the title of which was of record at the time of the adoption of this Title,

that does not meet the requirements of this title for yards, courts or other area of open

space, may be utilized for single residence purposes; provided, the requirements for such

a yard or court or net area, width, depth, or open space is within 60% of that required by

this Title, if this variance is approved by the City Council. The purpose of this provision

is to permit utilization of recorded lots which lack adequate width or depth as long as

reasonable living standards can be provided.

P. Non-Abutting Lots.

No building shall be constructed upon a lot or parcel of land which does not abut upon a

public street unless a variance of this provision be granted by action of the City Council.


Q. Conversion of Public Property to Private.

An area indicated on the official "Zoning Map" or other records as a public park, or

recreation area, public utility area, cemetery, public school site or semi-public open

space, shall not be used for any other purpose and when the use of the area is

discontinued, it shall automatically be zoned "Residence" ("R1") until otherwise zoned;

regulations for the district in which such lot is located. Variance of area, width, and yard

requirements shall be obtained only through action of the Planning Commission.

R. Two or More Continuous Lots in Same Ownership.

If two (2) or more lots or combinations of lots and portions of lots with continuous

frontage in single ownership are of record at the time of passage or amendment of this

Ordinance, and if all or part of the lots do not meet the requirements for lot width and

area, as established by this Ordinance, the lands involved shall be considered to be an

undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be

used which does not meet lot width and area requirements established by this Ordinance,

nor shall any division of the parcel be made which leaves remaining any lot with width or

area below the requirements stated in this Ordinance.

S. Easements.

Easements for public services and facilities will not be obstructed and access for fire

fighting will not be obstructed.

SECTION 8. SUPPLEMENTAL PROVISIONS FOR COMMERCIAL AND

INDUSTRIAL USES

A. Objectionable Conditions.

No land or building in any district shall be used or occupied in any manner creating

dangerous, injurious, noxious or otherwise objectionable conditions which could

adversely affect the surrounding areas or adjoining premises, except that any use

permitted by this Ordinance may be undertaken and maintained if acceptable measures

and safeguards to reduce dangerous and objectionable conditions to acceptable limits as

established by the following performance requirements. B. Fire Hazards.

Any activity involving the use or storage of flammable or explosive materials shall be

protected by adequate fire-fighting and fire-prevention equipment and by such safety

devices as are normally used in the handling of any such material. Such hazards shall be

kept removed from adjacent activities to a distance which is compatible with the potential

danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications.


C. Radioactivity or Electrical Disturbance.

No activity shall emit harmful radioactivity at any point, or electrical disturbance

adversely affecting the operation of any equipment at any point other than that of the

creator of such disturbance. D. Noise.

Objectionable noise as determined by the Commission which is due to volume, frequency

or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus

used solely for public purposes are exempt from this requirement. E. Vibration.

No vibration shall be permitted which is discernible without instruments on any adjoining

lot or property. F. Air Pollution.

Air pollution shall be subject to the requirements and regulations established by the

Health Authority. G. Glare.

No direct or reflected glare shall be permitted which is visible from any property outside

a manufacturing district or from any street. H. Erosion.

No erosion, by man, wind or water, shall be permitted which will carry objectionable

substances onto neighboring properties. I. Water Pollution.

Water pollution shall be subject to the requirements and regulations established by the

Health Authority.

J. Enforcement Provisions.

The Commission, prior to the issuance of a Zoning Permit, may require the submission of

statements and plans indicating the manner in which dangerous and objectionable

elements involved in processing and in equipment operations are to be eliminated or

reduced or acceptable limits and tolerances. K. Measurement Procedures.

Methods and procedures for the determination of the existence of any dangerous and

objectionable elements shall conform to applicable standard measurement procedures

published by the American National Standard Institute (ANSI), New York, the

Manufacturing Chemists' Association, Inc., Washington, D. C., the United States

Bureau of Mines and the Health Authority.


SECTION 9. SUPPLEMENTAL PROVISIONS FOR UNIQUE LAND USES

Certain unique land uses pose special problems that may have detrimental influences on

surrounding land uses. The following performance standards for such unique land uses

shall be adhered to in addition to all other provisions of this Ordinance:

A. Agriculture (Buffer Area).

1. Will be maintained as an untilled filler or natural vegetation provided for between

tilled ground and the normal high water elevation of any surface water areas. The width

of this strip shall vary according to the average slope of the land as follows:

Average slope of land Width of strip between

between tilled land and tilled land and normal

normal high water elevation high water elevation

(Percent) (Feet along surface of

ground)

0 - 4 20

5 - 9 50

10 - 14 90

15 and over 110

2. Will be maintained to minimize soil erosion, sedimentation, contamination and

nutrient enrichment of ground and surface water.

B. Animal Clinic, Animal Hospital, Veterinary Office and Kennel.

1. Will be located at least 300 feet from any residence including motels and

hotels, except for an owner's residence. The Commission may modify these

requirements if the animals are completely housed in sound-proof structures that

completely screen them from view of the abutting residential property; and

2. Will comply with all State and local regulations relative to such an operation, and

maintain adequate housekeeping practices designed to prevent the creation of a

nuisance and to reduce to a minimum the factors of noise and odor.

C. Animal Commercial Feed Lots, Meat Packing, Processing Plant and Slaughter

Facilities.

1. Will be located, when housing animals, feed lot or holding pens, not less than 600

feet from any residence, except for an owner's residence. Such facilities shall

have a minimum setback of 30 feet from any property line;

2. Will be designed and located with full consideration to their proximity to adjacent

uses, their effect upon adjacent and surrounding properties, and to the reduction of

such nuisance factors as odor; and


3. Will be adequately maintained with housekeeping practices to prevent the

creation of a nuisance, and shall also be subject to the Health Authority

requirements as to the elimination of waste materials and the maintenance of

water quality control.

D. Bulk Storage of Flammable Liquids and Gases, Above Ground and for Resale.

1. Will be located at least 300 feet from a residential zone, a residence, motel, hotel,

except for an owner's residence;

2. Will be erected subject to the approval of the fire chief; and

3. Will have suitable loading and unloading spaces and off-street parking facilities

subject to the approval of the fire chief.

E. Chemicals, Pesticides and Fertilizer Storage and Manufacturing.

1. Will have adequate fire protection, storage area, handling and disposal as

approved by the fire chief or fire marshall.

F. Contractors Yard.

1. Will be located a minimum distance of 300 feet from any residence except for an

owner's residence;

2. Will have a screening fence around areas utilized for storage of equipment; and

3. Will be limited to storage, maintenance and processing incidental to contracting

work. There shall be no general industrial or commercial uses.

G. Drive-In Restaurant.

1. Will be enclosed on the property line with landscaping and fencing, except for

ingress and egress, to prevent trash from moving onto other properties;

2. Will have a six (6) foot high sight obscuring fence along the property lines that

adjoin a residence;

3. Will provide for adequate trash receptacles; and

4. Will avoid the direction of night lighting toward any residence.


H. Filling, Grading, Lagooning, Dredging, or Other Earth-Moving Activity.

1. Will result in the smallest amount of bare ground exposed for the shortest time

feasible;

2. Will provide temporary ground cover, such as mulch.

3. Will use diversions, silting basins, terraces and other methods to trap sediment;

4. Will provide lagooning in such a manner as to avoid creation of fish trap

conditions;

5. Will not restrict a floodway, channel or natural drainageway;

6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial

water courses to prevent erosion or soil failure;

7. Will not have below-grade excavation except for drainageways within 50 feet of

any lot line or public right-of-way; and

8. Will restore topsoil or loam to a depth of not less than four (4) inches.

I. Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of

Commercial Value.

1. The extent and method of rehabilitation shall be determined in advance of issuing

a zoning certificate with due consideration given to what is suitable and

compatible with the surrounding area;

2. Upon depletion of the area, all temporary buildings and structures, except

property line fences and structures for the loading, measuring or weighing of

salable material in storage, shall be entirely removed from the property; and

3. Safety fencing shall be erected around all pits that create a safety hazard.

J. Home Occupation.

1. No more than one (1) person other than members of the family residing on the

premises shall be engaged in such occupation;

2. The use of the dwelling unit for the home occupation shall be clearly incidental

and subordinate to its use for residential purposes by its occupants, and not more

than 25% of floor area of the dwelling unit shall be used in the conduct of the

home occupation;


3. There shall be no change in the outside appearance of the building or premises, or

other visible evidence of the conduct of such home occupation other than one (1)

sign, not exceeding four (4) square feet in area, non-illuminated and mounted flat

against the wall of the principal building;

4. No significant traffic shall be generated by such home occupation and any need

for parking generated by the conduct of such home occupation shall meet the off-

street parking requirements as specified in this Ordinance, and shall not be located

in a required front yard; and

5. No equipment or process shall be used in such home occupation which creates

noise, vibration, glare, fumes, odors or electrical interference detectable to the

normal senses off the lot, if the occupation is conducted in a single-family

residence or outside the dwelling unit if conducted in other than a single-family

residence. In the case of electrical interference, no equipment or process shall be

used which creates visual or audible interference in any radio or television

receivers off the premises, or causes fluctuations in line voltage off the premises.

K. Outdoor Storage of Commercial and Industrial Materials.

1. Will be screened from view from any existing adjoining residence or residentially

zoned area, whether or not such property is separated by an alleyway or street; and

2. Will not be located in any front yard setback area.

L. Riding Stables and Schools.

1. Will locate all stables or loafing sheds not nearer than 100 feet from any

residence, except the owner's residence. All facilities shall be set back a distance

of 30 feet from any property line;

2. Will be designed and located with full consideration being given to their

proximity to adjacent uses and their effect upon adjacent and surrounding

properties, as to the storage of horse trailers, and the factors of noise and odor;

and

3. Will require that the owner or operator of such use shall have a continuous

obligation to maintain adequate housekeeping practices to prevent the creation of

a nuisance.


M. Travel Trailer Courts

1. Travel Trailer Courts are considered a Commercial Use and will be allowed only in

Commercial "C" zones.

2. Any person wishing to construct a travel trailer court shall follow the approval

procedures outlined for Mobile Home Parks in Article IV, Section 5 of this

Ordinance.

3. The Performance Guarantee regulation set forth for Mobile Home Parks in Article

IV, Section 5 of this Ordinance also applies to Travel Trailer Courts.

4. Each travel trailer court shall be held in one (1) ownership and shall contain at

least two (2) acres of land.

5. All travel trailer courts shall abut upon a collector or arterial street.

6. All travel trailers shall be set back at least 30 feet from any public street, and 15

feet from an interior private roadway.

7. The roadway system in a travel trailer court shall provide convenient circulation

through the travel trailer court and provide access to each travel trailer space. No

travel trailer space shall be permitted direct access to a public street, road, or

highway other than by means of the travel trailer court roadway system. All

entrances and exits from the travel trailer court shall be forward motion only. No

exit or entrance from a trailer court shall be through a residential zone and no

entrance or exit shall be located closer than 70 feet to the intersection of two (2)

streets.

8. All one-way and two-way roadways shall have a curb-to-curb width of at least 37

feet and all roadways shall be hard-surfaced.

9. All areas within the court which are not hard surfaced shall be landscaped and

maintained with lawns, trees, and shrubs designed to provide privacy and noise

containment and shall be equipped with adequate sprinkling or watering devices

as approved by the Planning and Zoning Commission. A land-space screen at

least eight (8) feet in width shall be provided adjacent to the exterior boundaries

of the court.

10. Each travel trailer space shall be at least 20 feet in width and at least 40 feet in

length.

11. No travel trailer space shall be rented for a period of more than 30 days and no

travel trailer which exceeds eight (8) feet in width shall be placed in a travel

trailer court.


12. A minimum of 50% of all travel trailer spaces shall be served by an approved

water and sewage disposal system. In addition, each travel trailer court shall have

a sewage dump for self-contained trailer units.

13. In addition to meeting the above requirements, all travel trailer courts shall

conform to the requirements of the State and City Health Regulations relating to

travel trailer courts.

14. The site of any travel trailer court shall be graded and/or filled and maintained so

as to prevent the accumulation of storm or waste water of any kind. A travel

trailer court shall not be permitted where there is inadequate drainage. Adequate

drainage shall be provided and maintained for all patios, travel trailer stands,

buildings, streets, and other improvements.

15. No permit to construct or enlarge a travel trailer court shall be issued until the

plans for the proposed construction or enlargement have been approved by the

Planning and Zoning Commission and the City Engineer.

16. Both dependant and independent travel trailers shall be allowed to occupy travel

trailer spaces in a travel trailer court.

17. All improvements, including utilities, streets, paved areas, and landscaping, must

be completed within two (2) years of the date the plan is approved by the City

Council.


N. Wrecking Yard

1. No wrecking yard or wrecking house shall be established in the City unless it

complies with all the other requirements of this Title, and in addition thereto shall

be completely surrounded by a solid plank board, concrete fence or other

enclosures of not less than eight (8) feet in height from the level of the ground and

completely obscuring from the outside view the wreckage of the ground and

completely obscuring from the outside view the wreckage and parts therein

contained and such wrecking yard and wrecking house shall not be established

within the city, except that a petition shall be signed by the owners of 75% both in

number and in area, of all the property owners within the radius of 300 feet of any

part of the premises of which said wrecking yard or wrecking house is to be

established and filed with the city clerk of the city, together with an application

for a special permit for the establishment of said wrecking yard and wrecking

house and a hearing had before the City Council in the same manner and with the

same fee as other hearings before the City Council for special permits.

O. Public Garages, Filling, and Oiling Stations

1. Public garages and filling and oiling stations must be located not less than 50 feet

from the front lines and not less than 30 feet from any other street line on which

property faces, unless, before a permit is issued by the Zoning Commission, there

shall be on file in the office of the city clerk, the written consent of the owners of

75% of the area of all the property within a radius of 300 feet of any part of the

premises whereupon such filling and oiling station or public garage is to be

established or maintained and not separated there from by more than one (1)

street or one (1) alley; provided, further, that a filling and oiling station or a

public garage shall have not entrance or exit for motor vehicles within 300 feet of

an entrance or exit to a school, playground, public library, church, hospital,

children's or old people's home, or other similar public or private institution.


ARTICLE V: PLANNED UNIT DEVELOPMENT (PUD)

SECTION 1. PURPOSE

It shall be the policy to guide a major development of land and construction by

encouraging Planned Unit Developments (PUD) to achieve the following:

A. A maximum choice of living environments by allowing a variety of housing and

building types and permitting an increased density per acre and a reduction in lot

dimensions, yards, building setbacks and area requirements;

B. A more useful pattern of open space and recreation areas and, if permitted as part of

the project, more convenience in the location of accessory commercial uses, industrial

uses and services;

C. A development pattern which preserves and utilizes natural topography and geologic

features, scenic vistas, trees and other vegetation and prevents the disruption of

natural drainage patterns;

D. A more efficient use of land than is generally achieved through conventional

development resulting in substantial savings through shorter utilities and streets; and

E. A development pattern in harmony with land use density, transportation and

community facilities objectives of the Comprehensive Plan.

SECTION 2. PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT

Whenever there is a conflict or difference between the provisions of this Article and those

of the other Articles of this Ordinance, the provisions of this Article shall prevail.

Subjects not covered by this Article shall be governed by the respective provisions found

elsewhere in this Ordinance.

SECTION 3. MINIMUM AREA

A PUD for the following principal uses shall contain an area of not less than:

A. One (1) acre for residential development;

B. Five (5) acres for residential use with subordinate commercial or industrial uses;


C. Ten (10) acres for commercial use; and

D. Ten (10) acres for industrial use.

SECTION 4. USES PERMITTED

All uses that may be allowed within the land use district are permitted within a PUD.

Also, up to 10% of the gross land area may be directed to other commercial, industrial,

public and quasi-public uses that are not allowed within the land use district; provided

there is a favorable finding by the Commission:

A. That the uses are appropriate with the residential uses;

B. That the uses are intended to serve principally the residents of the PUD;

C. That the uses are planned as an integral part of the PUD;

D. That the uses be located and so designated as to provide direct access to a

collector or an arterial street without creating congestion or traffic hazards; and

E. That a minimum of 50% of the residential development occur prior to the

development of the related commercial or industrial land uses.

SECTION 5. OWNERSHIP REQUIREMENTS

An application for approval of a PUD may be filed by a property owner or a person

having an existing interest in the property to be included in the PUD. The PUD

application shall be filed in the name or names of the recorded owner or owners of

property included in the development. However, the application may be filed by the

holder(s) of an equitable interest in such property.

Before approval is granted to the Final Development Plan, the entire project shall be

under single ownership or control and legal title must be presented with the Final

Development Plan.

SECTION 6. COMMON OPEN SPACE

A minimum of 10% of the gross land area developed in any residential PUD project shall

be reserved for common open space and recreational facilities for the residents or users of

the area being developed.


The required amount of common open space land reserved under a PUD shall either be

held in corporate ownership by owners of the project area for the use of each owner who

buys property within the development or be dedicated to the public and retained as

common open space for parks, recreation and related uses. Public utility and similar

easements and right-of-ways for water courses and other similar channels are not

acceptable for common open space dedication unless such land or right-of-way is usable

as a trail or other similar purpose and approved by the Commission.

The responsibility for the maintenance of all open spaces shall be specified by the

developer before approval of the Final Development Plan.

Every property developed under the PUD approach should be designed to abut upon

common open space or similar areas. A clustering of dwellings is encouraged. In areas

where town houses are used, there shall be no more than eight (8) town house units in any

contiguous group.

SECTION 7. UTILITY REQUIREMENTS

Underground utilities, including telephone and electrical systems, are required within the

limits of all PUD's. Appurtenances to these systems which can be effectively screened

may be excepted from this requirement if the Commission finds that such exemption will

not violate the intent or character of the proposed PUD.

SECTION 8. INCREASED RESIDENTIAL DENSITY

To provide for an incentive for quality PUD, the Commission may authorize an increased

residential density of up to 15% of the allowable number of dwelling units. Character,

identity and architectural and siting variation incorporated in a development shall be

considered cause for density increases, provided these factors make a substantial

contribution to the objectives of the PUD, which are as follows:

A. Landscaping (a maximum increase of 5%), streetscape, open spaces and plazas,

use of existing landscaping, pedestrian-way treatment and recreational areas;

B. Siting (a maximum increase of 5%), visual focal points, use of existing physical

features such as topography, view, sun and wind orientation, circulation pattern,

physical environment, variation in building setbacks and building grouping (such

as clustering); and


C. Design features (a maximum increase of 5%), street sections, architectural styles,

harmonious use of materials, parking areas broken by landscaping features and

varied use of housing types.

SECTION 9. ARRANGEMENT OF COMMERCIAL USE

When PUD's include commercial uses, commercial buildings and establishments shall be

planned as groups having common parking areas and common ingress and egress points

in order to reduce the number of potential accident locations at intersections. Planning

screens or fences shall be provided on the perimeter of the commercial areas abutting

residential areas.

The plan of the project shall provide for the integrated and harmonious design of

buildings, and for adequate and properly arranged facilities for internal traffic circulation,

landscaping and such other features and facilities as may be necessary to make the project

attractive and efficient from the stand-point of the adjoining and surrounding non-

commercial areas.

All areas designed for future expansion, or not intended for immediate improvement or

development, shall be landscaped or otherwise maintained in a neat and orderly manner.

SECTION 10. ARRANGEMENT OF INDUSTRIAL USES

PUD's may include industrial uses if it can be shown that the development results in a

more efficient and desirable use of land.

Industrial uses and parcels shall be developed in park-like surroundings utilizing

landscaping and existing woodlands as buffers to screen lighting, parking areas, loading

areas or docks and/or outdoor storage of raw materials or products. A planned industrial

area shall provide for the harmony of buildings and a compact grouping in order to

economize in the provision of such utility services as are required. Thoroughfares shall

be kept to a minimum throughout a planned industrial area in order to reduce through

traffic.

Project side yards of 40 feet and a rear yard of 50 feet shall be required if the project is

located adjacent to any residential uses. All intervening spaces between the right-of-way

line and project building line and intervening spaces between buildings, drives, parking

areas and improved areas shall be landscaped with trees and plantings and properly

maintained at all times.


SECTION 11. PROCEDURE FOR APPROVAL OF A PLANNED UNIT

DEVELOPMENT

When the PUD also qualifies as a subdivision, the processing of the Special Use Permit

for a PUD shall require a preapplication, the submission of a Preliminary Development

Plan and approval by the (Board/Council) of a Final Development Plan as specified

within this Ordinance.

SECTION 12. PRE-APPLICATION MEETING

The developer shall meet with the Commission prior to the submission of the Preliminary

Development Plan. The purpose of this meeting is to discuss early and informally the

purpose and effect of this Ordinance and the criteria and standards contained herein, and

to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate.

SECTION 13. CONTENTS OF APPLICATION FOR APPROVAL OF

PRELIMINARY DEVELOPMENT PLAN

An application for preliminary PUD shall be filed with the Commission or City Clerk by

a property owner or person having existing interest in the property for which the PUD is

proposed. At a minimum, the application shall contain the following information filed in

triplicate:

A. Name, address and phone number of applicant;

B. Name, address and phone number of registered Surveyor, registered Engineer

and/or Urban Planner assisting in the preparation of the Preliminary Development

Plan;

C. Legal description of property;

D. Description of existing use;

E. Zoning districts;

F. A vicinity map at a scale approved by the Commission, showing property lines,

streets, existing and proposed zoning and such other items as the Commission

may require to show the relationship of the PUD to the Comprehensive Plan and

to existing schools and other community facilities and services;

G. A Preliminary Development Plan at a scale approved by the Commission showing

topography at two (2) foot intervals; location and type of residential, commercial


and industrial land uses; layout, dimensions and names of existing and proposed

streets; right-of-ways; utility easements; parks and community spaces; layout and

dimensions of lots and building setback lines; preliminary improvements

drawings showing water, sewer, drainage, electricity, telephone and natural gas

and such other characteristics as the Commission deems necessary;

H. Proposed schedule for the development of the site; and

I. Evidence that the applicant has sufficient control over the land in question to

initiate the proposed Development Plan within two (2) years.

J. The application for preliminary PUD shall be accompanied by a written statement

by the developer setting forth the reasons why, in his opinion, the PUD would be

in the public interest.

SECTION 14. PROCEDURE FOR PUBLIC NOTICE

The provision for public hearing and legal notification contained in Article VIII shall be

followed.

SECTION 15. APPROVAL IN PRINCIPLE BY THE COMMISSION

Within 30 days after the public hearing the Commission shall review the Preliminary

Development Plan to determine if it is consistent with the intent and purpose of this

Ordinance; whether the proposed development advances the general welfare of the

community and neighborhood and whether the benefits, combination of various land uses

and the interrelationship with the land uses in the surrounding area justify the deviation

from standard district regulations. The Commission's approval in principle of the

Preliminary Development Plan shall be necessary before an applicant may submit a Final

Development Plan. Approval in principle shall not be construed to endorse a precise

location of uses, configuration of parcels or engineering feasibility.

The Commission shall consider the general standards applicable to Special Use Permits

and criteria for special uses before approving in principle a Preliminary Development

Plan. (See Article X, Section 3 and 4).

SECTION 16. CONTENTS OF APPLICATION FOR APPROVAL OF FINAL

DEVELOPMENT PLAN


Upon approval in principle of a Primary Development Plan, an application for approval

of the Final Development Plan may be filed with the Commission by at least one (1)

property owner or person having a presently existing interest in the property for which

the PUD is proposed. Each application shall be signed by the owner or lessee, attesting

to the truth and exactness of all information supplied on the application for Final

Development Plan. Each application shall clearly state that the approval shall expire and

may be revoked if construction on the project has not begun within two (2) years from the

date of issuance of the approval. At a minimum, the application shall contain the

following information:

A. A survey of the proposed development site, showing the dimensions and bearings of

the property lines, areas in acres, topography, existing features of the development

site; including major wooded areas, structures, streets, easements, utility lines and

land uses;

B. All the information required on the Preliminary Development Plan; the location and

sizes of lots, location and proposed density of dwelling units, non-residential building

intensity and land use considered suitable for adjacent properties;

C. A schedule for the development of units to be constructed in progression and a

description of the design principles for buildings and streetscapes; tabulation of the

number of acres in the proposed project for various uses; the number of housing units

proposed by type; estimated residential population by type of housing; estimated non-

residential population; anticipated timing for each unit and standards for height, open

space, building density, parking areas, population density and public improvements

proposed for each unit of the development whenever the applicant proposes an

exception from standard zoning districts or other ordinances governing development;

D. Engineering feasibility studies and plans showing, as necessary, water, sewer,

drainage, electricity, telephone and natural gas installations; waste disposal facilities;

street improvements and nature and extent of earth work required for site preparation

and development;

E. Site plan, showing building(s), various functional use areas, circulation and their

relationship;

F. Preliminary building plans, including floor plans and exterior elevations;

G. Landscaping plans; and

H. Deed restrictions, protective covenants and other legal statements or devices to be

used to control the use, development and maintenance of the land, and the

improvements thereon, including those areas which are to be commonly owned and

maintained.


SECTION 17. RECOMMENDATION BY COMMISSION

Within 60 days after receipt of the Final Development Plan, the Commission shall

recommend to the (Board/Council) that the Final Development Plan be approved as

presented, approved with supplementary conditions or disapproved. The Commission

shall then transmit all papers constituting the record and the recommendations to the

(Board/Council).

The Commission shall find that the facts submitted with the application and presented to

them establish that:

A. The proposed development can be initiated within two (2) years of the date of

approval;

B. Each individual unit of the development, as well as the total development, can exist as

an independent unit capable of creating an environment of sustained desirability and

stability or that adequate assurance will be provided that such objective will be

attained; the uses proposed will not be detrimental to present and potential

surrounding uses, but will have a beneficial effect which would not be achieved under

standard district regulations;

C. The streets and thoroughfares proposed are suitable and adequate to carry anticipated

traffic, and increased densities will not generate traffic in such amounts as to overload

the street network outside the PUD;

D. Any proposed commercial development can be justified at the locations proposed;

E. Any exception from standard district requirements is warranted by the design and

other amenities incorporated in the Final Development Plan, in accordance with the

PUD and adopted policy of the (Board/Council).

F. The area surrounding said development can be planned and zoned in coordination and

substantial compatibility with the proposed development;

G. The PUD is in general conformance with the Comprehensive Plan; and

H. The existing and proposed utility services are adequate for the population densities

and non residential uses proposed.

SECTION 18. ACTION BY THE (BOARD/COUNCIL)

Within 60 days after receipt of the final recommendation of the Commission, the

(Board/Council) shall either approve, approve with supplementary conditions or


disapprove the application as presented. Upon granting or denying the application the

(Board/Council) shall specify:

A. The Ordinance and standards used in evaluating the application;

B. The reasons for approval or denial; and

C. The actions, if any, that the applicant could take to obtain a permit.

If the application is either approved or approved with conditions, the (Board/Council)

shall direct the Commission to issue Zoning Permits only in accordance with the

approved Final Development Plan and the supplementary conditions attached thereto.

SECTION 19. EXPIRATION AND EXTENSION OF APPROVAL PERIOD

The approval of a Final Development Plan for a PUD shall be for a period not to exceed

two (2) years to allow for preparation and recording of the required Subdivision Plat and

the development of the project. If no construction has began within two (2) years after

approval is granted, the approved Final Development Plan shall be void. An extension of

the time limit or modification of the approved Final Development Plan may be approved

if the Commission finds that such extension or modification is not in conflict with the

public interest.


ARTICLE VI: ROADS

SECTION 1. STREET WIDTH SPECIFICATION

A street is a right-of-way which provides access to adjacent properties, the dedication of

which has been officially accepted. The term "Street" also includes the terms highway,

thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.

1. Dead-end. A street or portion thereof with only one (1) outlet.

2. Minor. A street which has the primary purpose of providing access to abutting

properties.

3. Collector. A street which has the primary purpose of carrying traffic from minor

streets to other collector streets and/or arterial streets.

4. Arterial. A street designated for the purpose of carrying fast and/or heavy traffic.

5. Loop. A minor street with both terminal points on the same street of origin.

6. Cul-de-sac. A street connected to another street to one (1) end only and provided

with a turn-around space as its terminus.

7. Frontage. Minor street, parallel to and adjacent to an arterial street to provide

access to abutting properties.

8. Partial. A dedicated right-of-way providing only a portion of the required street

width, usually along the edge of a subdivision or tract of land.

9. Private. A street that is not accepted for public use or maintenance which

provides vehicular and pedestrial access.

Minimum width of street measured from back-of-curb to back-of-curb or edge-of-oil

shall be shown on the approved Typical Section Sheets on file in the City Engineer's

Office and/or as shown on the approved Subdivision Improvements Drawings. In

general, these widths are as follows:

Highway and Street Types Widths

Major Arterial 90 feet or more

Section Line Road and Other Arterial

Streets

70 feet


Existing Arterial in Existing Build-up Area 67 feet

Collector or Secondary Streets 48 feet

Minor Streets or Cul-de-sacs 38 feet

Uncurbed Streets (Collector or Secondary) 48 feet pavement

Uncurbed Streets (Minor or cul-de-sac) 38 feet pavement

The above stated widths may be increased at intersections to provide the additional lane

widths and lengths necessary.


ARTICLE VII: AUTOMOBILE PARKING SPACE

SECTION 1. AUTOMOBILE PARKING SPACE

There shall be provided at the time of the erection of any main building or structure, or at

the time any main building or structure is enlarged or increased in capacity, minimum

off-street parking space with adequate provisions for ingress and egress by standard size

automobiles as follows:

A. Private Space or Garage for Dwelling.

There shall be at least one (1) permanently maintained parking space, carport, or a private

garage space on the same lot with the main building or the enlargement of a main

building for single family dwellings, and in the case of multiple family dwellings, there

shall be at least one (1) permanently maintained parking space or a private garage space

on the same lot for each family dwelling unit, such parking spaces to be not less than

eight (8) feet wide, 18 feet long, and seven (7) feet high.

B. For Building Other than Dwellings.

For a new building or structure or for the enlargement or increase in seating capacity,

floor area or guest rooms of any existing main building or structure, there shall be at least

one (1) permanently maintained parking space of not less than 144 square feet net area as

follows:

1. For church, high school, college and university auditoriums, stadiums, and other

similar places of assembly at least one (1) parking space for every five (5)

permanent seats provided in said building.

2. For hospitals and welfare institutions, at least one (1) square foot of parking space

for every one (1) square foot floor area in said building.

3. For hotels, motels, apartment hotels and clubs, at least one (1) parking space for

each individual guest room or suite.

4. For tourist courts, at least one (1) parking space for each individual sleeping or

living unit.

5. For retail businesses, professional or commercial buildings or structures having a

floor area of 1,500 square feet, one (1) square foot of parking space for each

square foot of floor area on the ground floor, and one (1) square foot of parking


space for every two (2) square feet of floor space on other floors used by

customers on other floors.

6. For retail businesses, professional or commercial buildings having a floor area in

excess of 1,500 square feet, two (2) square feet of parking space for every one (1)

square foot of floor space on the main floor and one (1) square foot of parking

space for every two (2) square feet of floor space used by customers on other

floors.

7. For industrial buildings or structures having a floor area of 5,000 square feet or

more, at least one (1) parking space for each five (5) employees.

Parking space as required above shall be on the same lot with the main building or

structure or located not more than 500 feet therefrom. To insure the perpetuation of the

parking space with the main building, structure or structures, and the owner and/or

owners of the parking space shall execute a declaration of restrictions and covenants

covering said lot or lots and parking space on forms prescribed by the governing

authority, setting aside the required space for parking only, which restrictions and

covenants may be waived only by consent of the owner or owners of more than one-half

(1/2) of the said lot or lots and parking space and the consent of the governing authority.

Every hospital, institution, hotel, commercial or industrial building hereafter erected or

established on a lot which abuts upon an alley or is surrounded on all sides by streets

shall have one (1) permanently maintained loading space of not less than 10 feet in width,

20 feet in length, and 12 feet in height, for each 4,000 square feet of lot area upon which

said building is located; provided, however, that no more than two (2) such spaces shall

be required on any lot.

SECTION 2. EXCEPTION

Shopping centers, apartment complexes, condominium residential developments,

industrial parks, or other such cooperative developments by property owners shall be

encouraged and shall be allowed reasonable exemptions by the City Council, with prior

approval of the Zoning Commission, from the provisions of this chapter; provided

adequate parking spaces and loading spaces are provided with sufficient capacity to

service the needs of said development as measured by projected customer flow, industrial

production, and other factors facilitating automobile traffic flow, and public convenience,

protecting aesthetic and environmental qualities, and otherwise having characteristics

promulgated by this chapter.


ARTICLE VIII: NON-CONFORMING BUILDINGS AND USES

SECTION 1. NON-CONFORMING BUILDINGS AND USES

A. Maintenance Permitted.

It is the intent of this Zoning Ordinance to prohibit the addition or enlargement of non-

conforming uses. Nevertheless, a non-conforming building or structure may be

maintained and may be continued to the same extent as that which legally existed at the

time of the effective date of this Ordinance.

B. Repairs.

Repairs may also be made to a non-conforming building or to a building housing a non-

conforming use provided such repairs shall not have the effect of increasing the floor

space devoted to the non-conforming use, capacity or volume of business.

C. Expansion or Enlargements.

1. Land. Land area of any non-conforming use shall not be increased.

2. Buildings. The floor area in a building or structure occupied by a non-conforming

use shall not be increased except to overcome unsafe or unsanitary conditions

when required by an official, safety, or health officer.

D. Restoration of Damaged Buildings.

A non-conforming building or structure or a building or structure occupied by a non-

conforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other

calamity or act of God or public enemy, may be restored, and the occupancy or use of

such building, structure, or part thereof which was legally in existence at the time of such

damage or destruction may be continued or resumed, provided that such restoration is

started within a period of one (1) year from the date of destruction and is diligently

pursued to completion and provided that such restoration does not increase the floor

space devoted to the non-conforming use over that which existed at the time the building

became non-conforming.


E. Discontinuance.

A non-conforming building or structure or portion thereof or a lot occupied by a non-

conforming use which is or hereafter becomes abandoned or is discontinued for a

continuous period of one (1) year shall not thereafter be occupied except by a use which

conforms to the use regulations of the zone in which it is located.

F. Change to a Conforming Use.

Any non-conforming use may be changed to a conforming use. Any non-conforming use

which has been changed to a conforming use shall not thereafter be changed back to a

non-conforming use.

G. Change to Another Non-Conforming Use.

Non-conforming use of a building or lot shall not be changed to another non-conforming

use. Any change of use whatsoever must be to conforming use.

H. Reclassification of Territory.

The provisions pertaining to non-conforming uses of land and buildings shall also apply

to land and buildings which hereafter become non-conforming due to an amendment in

the Zoning Ordinance.

I. Permits Granted Prior to Passage of Ordinance or Amendment Thereto.

1. Vested Interest. Notwithstanding the issuance of a permit therefore, no building

which becomes non-conforming upon the passage of this Ordinance or which

becomes non-conforming due to an amendment to this Ordinance shall be built

unless a significant amount of construction has taken place thereon before the

effective date of this Ordinance. A significant amount of construction shall be

interpreted to mean enough construction to require an expenditure of at least

$500.00 to duplicate the materials and labor so expended.

J. Non-Conforming Lots of Record.

In any district in which one (1) family dwellings are permitted, a one (1) family dwelling

and customary accessory buildings may be erected on any lot of record at the effective

date of adoption or amendment of this Ordinance, even though such lot fails to meet the

requirements for area or width, or both, that are generally applicable in the district.

However, yard dimensions and other requirements not involving area or width, or both,

of the lot shall conform to this Ordinance.


ARTICLE IX: PUBLIC HEARING PROCEDURE

SECTION 1. GENERAL

This section contains the public hearing procedure that shall be followed by all sections

in this Ordinance that require public hearings, unless otherwise stated in that section.

SECTION 2. PROCEDURE FOR HEARING, NOTICE

When required, a public hearing in which interested persons shall have an opportunity to

be heard shall be held before the Planning and Zoning Commission.

At least 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 may also be made available to other newspapers, radio

and television stations serving the jurisdiction for use as a public service announcement.

Notice shall also be provided to property owners and residents within the land being

considered, 300 feet beyond the external boundaries of the land being considered, and

any additional area that may be substantially impacted by the proposal as determined

by the City Clerk or Commission. When notice is required to 200 or more property

owners or residents, in lieu of the mailing notification, two (2) notices in the

newspaper or paper of general circulation is sufficient; provided, the second notice

appear 10 days prior to the public hearing.

SECTION 3. ACTION BY THE COMMISSION

Within 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 conditionally approved, the Commission shall issue a written decision to the

City Council, listing the specific conditions specified by the Commission for approval.

Prior to the decision, the Commission may request studies from the planning staff or

public agencies concerning social, economic, fiscal and environmental effects of the

proposal.

SECTION 4. NOTIFICATION TO APPLICANT


Within 5 days after a decision has been rendered, the City Clerk or the Planning and

Zoning Commission shall provide the applicant with written notice of the action to the

request.

Upon granting or denying an application the Commission shall specify:

A. The ordinance and standards used in evaluating the application;


C. The actions, if any, that the applicant could take to gain approval of the proposal.

SECTION 5. HEARING BEFORE THE CITY COUNCIL

Within 5 days after a decision has been rendered, the City Clerk shall schedule a second

public hearing before the City Council 14 days or more after the decision has been

rendered by the Planning and Zoning Commission.

On the scheduled date, the City Council shall hold a public hearing during which

interested parties have a chance to be heard. Within 10 days of the hearing, the City

Council shall render a decision taking into consideration the recommendation of the

Planning and Zoning Commission.

Prior to the decision, the City Council may request studies from the planning staff or

public agencies concerning social, economic, fiscal and environmental effects of the

proposal.

SECTION 6. NOTIFICATION TO APPLICANT

Within 5 days after a decision has been rendered, the City Council shall provide the

applicant with written notice of the action to the request.

Upon granting or denying an application the Commission shall specify:

A. The ordinance and standards used in evaluating the application;


C. The actions, if any, that the applicant could take to gain approval of the proposal.


SECTION 7. APPEAL TO PLANNING AND ZONING COMMISSION

The applicant or any affected person who appeared in person or in writing before the

Planning and Zoning Commission may appeal the decision of the Planning and Zoning

Commission during the 14 or more days before the City Council holds its own public

hearing. The appeal must be submitted prior to the City Council's decision and the

applicant or affected person is limited to one (1) appeal.

Upon receipt of an appeal of the action of the Commission, the City Clerk shall set a

public hearing date to consider all information, testimony and Commission's minutes of

the public hearing to reach a decision to uphold, conditionally uphold or overrule the

decision of the commission. The Commission shall only overrule the previous decision

by a favorable vote of one-half (1/2) plus one (1) of the full Commission.

Within 5 days after a decision, the City Clerk shall schedule a public hearing before the

City Council 14 days or more after that decision has been rendered by the Planning and

Zoning Commission, as described in Section 5.


ARTICLE X: SPECIAL USE

SECTION 1. GENERAL

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 hearing on each Special Use Permit Application as

specified in the Official Schedule of District Regulations. The Commission may

approve, conditionally approve or deny a Special Use Permit under the conditions as

hereon specified and considering such additional safeguards as will uphold the intent of

this Ordinance.

SECTION 2. CONTENTS OF APPLICATION FOR SPECIAL USE PERMIT

An application for Special Use Permit shall be filed with the Commission by at least one

(1) owner or lessee of property for which such special use is proposed. At a minimum,

the application shall contain the following information:

A. Name, address, and phone number of applicant;

B. Legal description of property;

C. Description of existing use;

D. Zoning district;

E. Description of proposed special use;

F. A plan of the proposed site for the special use showing the location of all

buildings, parking and loading area, traffic access and traffic circulation, open

spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other

information as the Commission may require to determine if the proposed special

use meets the intent and requirements of this Ordinance; and

G. 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 of the Comprehensive Plan.


SECTION 3. GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES

A. Will in fact, constitute a special use as established on the Official Schedule of

District Regulations for the zoning district involved;

B. 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;

C. 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;

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

E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the

establishment of the proposed use shall be able to provide adequately any such

service;

F. Will not create excessive additional requirements at public cost for public

facilities and services and will not be detrimental to the economic welfare of the

community;

G. Will not involve uses, activities, processes, materials, equipment and conditions of

operation that will be detrimental to any persons, property or the general welfare

by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

H. Will have vehicular approaches to the property which shall be so designed as not

to create an interference with traffic on surrounding public thoroughfares; and

I. Will not result in the destruction, loss or damage of a natural scenic or historic

feature of major importance.

SECTION 4. PUBLIC SITES AND OPEN SPACES

Public sites and open spaces shall conform to the following:


A. Public Uses.

Where it is determined that a proposed park, playground, school, or other public use as

shown on the future acquisition map, as authorized in Section 67-6517, Idaho Code, is

located in whole or in part within a proposed development the Commission shall notify

the appropriate public agency concerning the land proposed to be acquired. Within 30

days of the date of notice, the public agency may request the governing body to suspend

consideration on the permit for 60 days from the date of the request; however, if an

agreement is not reached within 60 days the Commission shall resume consideration of

the special use application.

B. Natural Features.

Existing natural features which add value to residential development and enhance the

attractiveness of the community (such as trees, watercourses, historic spots and similar

irreplaceable assets) shall be preserved in the design of the development.

C. Special Developments.

In the case of planned unit developments and large-scale developments, the Commission

may require sufficient park or open space facilities of acceptable size, location and site

characteristics that may be suitable for the proposed development.

SECTION 5. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS

In granting any special use, the Commission may prescribe appropriate conditions, bonds

and safeguards in conformity with this Ordinance. 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 Ordinance.

SECTION 6. PUBLIC HEARING REQUIRED

Prior to granting a Special Use Permit, at least two (2) public hearings shall be held,

following the process outlined in Article IX.

SECTION 7. CONDITIONS

Upon granting of a Special Use Permit, conditions may be attached to a Special Use

Permit including, but not limited to, those:


A. Minimizing adverse impact on other development;

B. Controlling the sequence and timing of development;

C. Controlling the duration of development;

D. Assuring that development is maintained properly;

E. Designating the exact location and nature of development;

F. Requiring the provision for on-site or off-site public facilities or services; and

G. Requiring more restrictive standards than those generally required in an

Ordinance.


ARTICLE XI: OFF-STREET PARKING AND LOADING FACILITIES

SECTION 1. GENERAL REQUIREMENTS

A. No building or structure shall be erected, substantially altered or its use changed

unless permanently maintained off-street parking and loading spaces have been

provided in accordance with the provisions of this Ordinance.

B. The provisions of this Article, except where there is a change of use, shall not apply

to any existing building or structure. Where the new use involves no additions or

enlargements, there shall be provided as many such spaces as may be required by this

Ordinance.

C. Whenever a building or structure constructed after the effective date of this Ordinance

is changed or enlarged in floor area, number of employees, number of dwelling units,

seating capacity or otherwise, to create a need for an increase in the number of

existing parking spaces, additional parking spaces shall be provided on the basis of

the enlargement or change. Whenever a building or structure existing prior to the

effective date of this Ordinance is enlarged to the extent of 50% or more in floor area,

number of employees, number of housing units, seating capacity or otherwise, said

building or structure shall then and thereafter comply with the full parking

requirements set forth herein.

SECTION 2. STANDARDS

A. Location of Parking Spaces.

The following regulations shall govern the location of off-street parking spaces and areas;

1. Parking spaces for all detached residential uses shall be located on the same lot as

the use which they are intended to serve;

2. Parking spaces for commercial, industrial or institutional uses shall be located not

more than 500 feet from the principal use; and

3. Parking spaces for apartment, dormitories or similar residential uses shall be

located not more than 300 feet from the principal use.

B. Loading Space Requirements and Dimensions.

Off-street loading spaces for commercial uses shall be provided in accordance


with the following table:

Gross Floor Area (sq. ft.) Quantity & Type

14,000 - 36,000 (1)B

36,001 - 60,000 (2)B

60,001 - 100,000 (2)B + (1)A

For each additional 75,000 or fraction thereof, an additional Type A space will be

provided.

Type B spaces are 35 feet in length.

Type A spaces are 65 feet in length.

1. The size of an off-street loading space shall not be less than the following,

exclusive of access platform and loading area:

Width: 12 feet

Length: 35 feet or 65 feet (see above)

2. Convenient access to loading spaces from streets or alleys shall be

provided; they shall not be less than 12 feet in width.

3. Location of Required Loading Facilities. The off-street loading facilities

required for the uses mentioned shall not project into the public right-of-way or

setback area. In no case shall the required off-street loading berths be part of the

area used to satisfy the off-street parking requirements.

4. Design and location of entrances and exits for required off-street loading

areas shall be subject to review of the Commission.

C. Maintenance.

The owner of property used for parking and/or loading shall maintain such area in good

condition without holes and free of all dust, trash and other debris.

D. Paving.

The required number of parking and loading spaces as set forth in Section 4, Parking

Space Requirements, together with driveways, aisles and other circulation areas, shall be

improved with such material to provide a durable and dust-free surface (asphalt or

pavement).


E. Drainage.

All parking and loading areas shall provide for proper drainage of surface water to

prevent the drainage of such water onto adjacent properties or walkways.

F. Lighting.

Any parking area which is intended to be used during non-daylight hours shall be

properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall

be so arranged as to reflect the light away from the adjoining property.

G. Access.

Any parking area shall be designed in such a manner that any vehicle leaving or entering

the parking area from or onto a public or private street shall be traveling in a forward

motion. Access driveways for parking areas or leading spaces shall be located in such a

way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian

or motorist approaching the access or driveway from a public or private street.

H. Striping.

All parking areas with a capacity over 12 vehicles shall be striped with double lines (six

(6) inches both sides of center) between stalls to facilitate the movement into and out of

the parking stalls.

I. Screening and/or Landscaping.

Whenever a parking area is located in or adjacent to a residential district, it shall be

effectively screened on all sides which adjoin or face any property used for residential

purposes by an acceptably designed wall, fence or planting screen. Such fence, wall or

planting screen shall be not less than four (4) feet nor more than six (6) feet in height and

shall be maintained in good condition. The space between such fence, wall or planting

screen and the lot line of the adjoining premises in any residential district shall be

landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good

condition. In the event that terrain or other natural features are such that the erection of

such fence, wall, or planting screen will not serve the intended purpose, then no such

fence, wall or planting screen and landscaping shall be required.

J. Wheel Blocks.

Whenever a parking lot extends to a property line, wheel blocks or other suitable devices

shall be installed to prevent any part of a parked vehicle from extending beyond the

property line.


K. Minimum Distance and Setbacks.

No part of any parking area for more than 10 vehicles shall be closer than 20 feet to any

dwelling unit, school, hospital or other institution for human care located on an adjoining

lot, unless, separated by an acceptably designed screen. If on the same lot with a one (1)

family residence, the parking area shall not be located within the front yard required for

such building. In no case shall any part of a parking area be closer than four (4) feet to

any established street or alley right-of-way.

L. Disabled Vehicles.

The parking of a disabled vehicle within a residential or commercial district for a period

of more than two (2) weeks shall be prohibited, unless, such vehicle is stored in an

enclosed garage or other accessory building.

M. Joint Use.

Two (2) or more non-residential uses may jointly provide and use parking spaces when

their hours of operation do not normally overlap, provided that, a written agreement

approved by the Commission shall be filed with the application for a Zoning Permit.

SECTION 3. OFF-STREET PARKING DESIGN AND DIMENSIONAL TABLES

A. Width of Parking Space

B. Length of Parking Space

C. Width of Driveway Aisle

SECTION 4. PARKING SPACE REQUIREMENTS

For the purpose of this Ordinance the following parking space requirements shall apply:

A. Residential

Type of Use Parking Space RequirementSingle family or two (2) family dwelling Two (2) for each unit

Apartments, or multi-family dwelling One and one-half (1 1/2) for each unit

Boarding houses, rooming houses,

dormitories, and fraternity houses which

have sleeping rooms

One (1) for each sleeping room or one(1)

for each permanent occupant


Mobile Home Park One (1) for each unit plus one (1) space for

each five units


B. Commercial

Type of Use Parking Space RequirementAutomobile service garages which also

provide repair

One (1) for each two gasoline pumps and

two (2) for each service bay

Hotels and motels One (1) for each sleeping room plus one (1)

space for each two employees

Funeral parlors, mortuaries One (1) for each 100 sq. ft. of floor area in

slumber rooms, parlors, or service rooms

C. Recreational Entertainment

Type of Use Parking Space Requirement

Dining rooms, restaurants, taverns, night

clubs, etc. One (1) for each 200 sq. ft. of floor area

Four (4) for each alley or lane, plus one (1)

Bowling alleys additional space for each 100 sq. ft. of the

area used for restaurant, cocktail lounge, or

similar use

Dance floors, skating rinks One (1) for each 100 sq. ft. of floor area

used for the activity

One (1) for each five persons capacity plusOutdoor swimming pools, public,

community, or club

Auditoriums, sports arenas, theaters, and

one (1) for each four seats or one (1) for

each 30 sq. ft. of seating area, whichever is

greater

similar uses One (1) for each four seats

Retail stores One (1) for each 250 sq. ft. of floor area

Banks, financial institutions, and similar

uses One (1) for each 200 sq. ft. of floor area

Offices, public or professional

administration or service buildings One (1) for each 400 sq. ft. of floor area

All other types of business or commercial

uses permitted in any business district One (1) for each 300 sq. ft. of floor area

D. Institutional


Churches and other places of religious

assembly One (1) for each five seats

Hospitals One (1) for each bed


Sanitariums, homes for the aged, nursing

homes, children homes, asylums, and

similar uses

Medical and dental clinics

One (1) for each two beds

One (1) for each 200 sq. ft. of floor area

used for examination, treating, office, and

waiting

Libraries, museums, and art galleries One (1) for each 400 sq. ft. of floor area

E. Schools (Public, Parochial or Private)


Two (2) for each classroom and one (1) forElementary and junior high every eight seats in auditoriums or

assembly halls

High schools One (1) for every ten students and one (1)

for each teacher and employee Business, technical, and trade schools One (1) for each two students

Colleges, universities One (1) for each four studentsKindergartens, child care, nursery schools,

and similar uses

Two (2) for each classroom but not less

than six for the building

F. Manufacturing:


All types of manufacturing, storage, and

wholesale uses permitted in any

manufacturing district

Express, parcel delivery, and freight

terminal

Boarding houses, rooming houses,

dormitories, and fraternity houses which

have sleeping rooms

One (1) for every two employees (on the

largest shift for which the building is

designed) and one (1) for each motor

vehicle used in the business

One (1) for every two employees (on the

largest shift for which the building is

designed) and one (1) for each motor

vehicle maintained on the premises.

One (1) for each sleeping room or one(1)

for each permanent occupant

Mobile Home Park One (1) for each unit plus one (1) space for

each five units


SECTION 5. GENERAL INTERPRETATIONS

In the interpretation of this Article, the following shall govern:

A. Parking spaces for other permitted or conditional uses not listed in this Article shall

be determined by the Commission;

B. Fractional numbers shall be increased to the next whole number; and

C. Where there is an adequate public transit system or where for any other reason

parking demand is unusually low, then the parking space provisions cited above may

be reduced proportionately by the Commission.


ARTICLE XII: SIGNS

SECTION 1. INTENT

The purpose of this Article is to promote and protect the public health, welfare

and safety by regulating existing and proposed outdoor advertising, outdoor advertising

signs and outdoor signs of all types. It is intended to protect property values, protect the

physical appearance of the community and preserve the scenic and natural beauty of

designated areas. It is further intended to reduce sign or advertising distractions and

obstructions that may contribute to traffic accidents, reduce hazards that may be caused

by signs overhanging or projecting over public right-of-ways, provide more open space,

curb the deterioration of the natural environment and enhance community development.

SECTION 2. PUBLIC SIGNS EXCLUDED

For the purpose of this Ordinance "sign" does not include signs erected and maintained

pursuant to and in discharge of any governmental function, or required by any law,

ordinance, or governmental regulation.

SECTION 3. GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS

The regulations contained in this Section shall apply to all signs and all use districts.

A. Any illuminated sign or lighting device shall emit a light of constant intensity, and no

sign shall be illuminated by or contain flashing, intermittent, rotating, or moving

light or lights. In no event shall an illuminated sign or lighting device be placed or

directed to permit the beams and illumination there from to be directed or beamed

upon a public thoroughfare, highway, sidewalk or adjacent premises to cause glare or

reflection that may constitute a traffic hazard or nuisance.

B. No projecting sign shall be erected or maintained from the front or face of a building

a distance of more than eight (8) feet, including those projecting from a face of any

theater, hotel or motel marquee. In general, projecting signs are not encouraged.

C. No sign of any classification shall be installed, erected or attached in any form, shape

or manner to a fire escape or any door or window giving access to any fire escape.

D. The business owner shall keep all signs hung and erected in good repair. Should any

sign be or become unsafe or be in danger of falling, the owner thereof or the person

maintaining the same shall, upon receipt of written notice from the City, proceed at

once to put such sign in a safe and secure condition or remove the sign.


E. No sign shall be placed in any public right-of-way except publicly owned signs, i.e.,

traffic control signs and directional signs. Signs directing and guiding traffic and

parking on private property but bearing no advertising matter shall be permitted on

any property; and

F. Signs along interstate and primary highways shall conform to the Idaho State

Transportation Department regulations.

G. Signs advertising the sale, lease, or rental of the premises upon which the sign is

located shall not exceed twelve (12) square feet in area. In all residential districts any

sign shall not be more than nine (9) square feet.

H. Professional nameplates are not to exceed four (4) square feet in area. Signs

denoting the name and address of the occupants of the premises are not to exceed

two (2) square feet in area.

I. Temporary signs not exceeding fifty (50) square feet in area, announcing special public

or institutional events, the erection of a building, the architect, the builders or

contractors may be erected for a period of 60 days plus the construction period.

J. Political or temporary signs shall not be posted in any place or in any manner that is

destructive to public property upon posting or removal. No political sign shall be

posted in a public right-of-way nor shall any such sign be posted on a utility pole. No

political sign shall be posted more than sixty (60) days before an election. All

candidates for public office, their campaign committees or other persons responsible

for the posting on public property of campaign material shall remove such material

within two (2) weeks following election day.

SECTION 4: SPECIAL PERMITTED SIGNS

The Commission allows the following signs upon the issuance of a Special Use Permit:

A. Signs or bulletin boards customarily incidental to places or worship, libraries,

museums, social clubs or societies, which signs or bulletin boards shall not exceed 15

square feet in area and which shall be located on the premises of such institution.

B. The area of an all permanent on-premises sign for any single business enterprise may

have an area equivalent to one and one-half (1 ½) square feet of sign area for each

lined foot of building width, or part of a building occupied by such enterprise, but,

shall not exceed a maximum area of 100 square feet; for all signs on premises.

C. Free-standing on-premises signs not over 30 feet in height, having a maximum total

sign area of 100 square feet per display area and located not closer than 10 feet to any

street right-of-way line and not closer than 30 feet to any adjoining lot line may be

erected to serve a group of business establishments. There shall be only one (1)


freestanding sign for each building, regardless of the number of businesses conducted

in said building.

SECTION 5: SIGN SETBACK REQUIREMENTS

A. For every square foot by which any on-premises sign exceeds 50 square feet, the

setback shall be increased by one-half (1/2) foot but need not exceed 100 feet.

B. Real estate signs and bulletin boards for a church, school or any other public,

religious or educational institution within residential zoning districts may be erected

not less than 10 feet from the established right-of-way line of any street or highway

provided such sign or bulletin board does not obstruct traffic visibility at street or

highway intersections; and

C. On-premises signs where permitted shall be erected or placed in conformity with the

side and rear yard requirements of the district in which located, except that in any

residential district, on-premises signs shall not be erected or placed within 10 feet of a

side or rear lot line.

SECTION 6: VIOLATIONS

In case any sign shall be installed, erected, constructed or maintained in violation of any

of the terms of this Ordinance, the City Attorney shall notify in writing the owner or

lessee thereof to alter such sign to comply with this Ordinance. Political signs posted in

violation of this Ordinance are subject to removal by the Zoning or City Council five (5)

days after written notice of violation.


ARTICLE XIII: VARIANCES

SECTION 1. GENERAL

The Commission shall consider administrative appeals where it is alleged that an error

has been made by the Commission, variances from the terms of this Ordinance and

requests for hearings from affected persons.

SECTION 2. VARIANCE

The Commission may authorize in specific cases such variance from the terms of this

Ordinance as will not be contrary to the public interest where, owing to special

conditions, a literal enforcement of the provisions of this Ordinance would rest in

unnecessary hardship. No nonconforming use of neighboring lands, structures or

buildings in the same district and no permitted or nonconforming use of lands, structures

or buildings in other districts shall be considered grounds for issuance of a variance.

Variances shall not be granted on the grounds of convenience or profit, but only where

strict application of the provisions of this Ordinance would result in unnecessary

hardship.

SECTION 3. APPLICATION AND STANDARDS FOR VARIANCES

A variance from the terms of this Ordinance shall not be granted by the Commission

unless and until a written application for a variance is submitted to the Commission and

the Commission containing:

A. Name, address and phone number of applicant(s);


C. Description of nature of variance requested; and

D. A narrative statement demonstrating that the requested variance conforms to the

following standards:

(1) That special conditions and circumstances exist which are peculiar to the land,

structure or building involved and which are not applicable to other lands,

structures or buildings in the same district;


(2) That a literal interpretation of the provisions of this Ordinance would deprive the

applicant of rights commonly enjoyed by other properties in the same district

under the terms of this Ordinance;

(3) That special conditions and circumstances do not result from the actions of the

applicant;

(4) That granting the variance requested will not confer on the applicant any special

privilege that is denied by this Ordinance to other lands, structures or buildings in

the same district.

A variance shall not be granted unless the Commission makes specific findings of fact

based directly on the particular evidence presented to it which support conclusions that

the above mentioned standards and conditions have been met by the applicant.

SECTION 4. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS

Under no circumstances shall the Commission grant an appeal or variance to allow a use

not permissible under the terms of this Ordinance in the district involved, or any use

expressly or by implication prohibited by the terms of this Ordinance in said district. In

granting any appeal or variance, the Commission may prescribe appropriate conditions

and safeguards in conformity with this Ordinance. Violation of such conditions and

safeguards, when made a part of the terms under which the appeal or variance is granted,

shall be deemed a violation of this Ordinance.

SECTION 5. PUBLIC HEARING

Upon receipt of the application for a variance, the City Clerk shall publish notice and the

Comm

ission shall hold a public hearing following the procedure in Article IX


ARTICLE XIV: ENFORCEMENT

SECTION 1. BUILDING PERMITS REQUIRED

Building Permits shall be required for:

Any external additions to an existing building, excluding concrete slabs, walkways, and

driveways.

Any new building whose area exceeds 120 square feet. (permanent or portable)

Any internal remodeling that involves structural changes to the existing building (bearing

walls, etc.), or major changes to the building's electrical or plumbing system.

Building permits exist to ensure that construction is done in a safe manner. Even if a

permit is not required, consultation with the Building Inspector is strongly encouraged in

ensure that safety standards are upheld.

Building Permits are issued by the Building Inspector or the City of Malad.

Building Permits shall be issued only in conformity with the provisions of this

Ordinance.

SECTION 2. CONTENTS OF APPLICATION

The application for Building Permit shall be signed by the owner or applicant attesting to

the truth and exactness of all information supplied on the application. Each application

shall clearly state that the Permit shall expire and may be revoked if work has not begun

or is substantially completed within one (1) year. At a minimum, the application shall

contain the following information:



C. Existing use;

D. Proposed use;

E. Zoning district;


F. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be

built upon; the exact size and location of existing buildings on the lot, if any; and the

location and dimensions of the proposed building(s) or alteration;

G. Building heights;

H. Number of off-street parking spaces or loading berths;

I. Number of dwelling units;

J. Proposed sewer and water facilities; and

K. Such other matters as may be necessary to determine conformance with, and provide

for, the enforcement of this Ordinance.

SECTION 3. APPROVAL OF BUILDING PERMIT

Within 30 days after the receipt of an application, the City of Malad shall either approve

or disapprove the application in conformance with the provisions of this Ordinance. All

building permits shall, however, be conditional upon the commencement of work within

one (1) year.

SECTION 4. EXPIRATION OF BUILDING PERMIT

If the work described in any Building Permit has not begun within one (1) year from the

date of issuance thereof, said Permit shall expire; it shall be revoked by the Building

Inspector or The City of Malad and written notice thereof shall be given to the persons

affected.

SECTION 5. CERTIFICATE OF OCCUPANCY

It shall be unlawful to use or occupy or permit the use or occupancy of any building or

premises, or both, or part thereof thereafter created, erected, changed, converted or

wholly or partly altered or enlarged in its use or structure until a Certificate of

Occupancy shall have been issued therefore by the Building Inspector stating that the

proposed use of the building or land conforms to the requirements of this Ordinance and

with all conditional provisions that may have been imposed.


SECTION 6. TEMPORARY CERTIFICATE OF OCCUPANCY

A temporary Certificate of Occupancy may be issued by the Building Inspector for a period

not exceeding six (6) months during alterations or partial occupancy of a building pending

its completion.

SECTION 7. RECORD OF BUILDING PERMITS AND CERTIFICATES OF

OCCUPANCY

The City shall maintain a record of all Building Permits and Certificates of Occupancy

and copies shall be furnished upon request to any person.

SECTION 8. FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE

OF OCCUPANCY

Failure to obtain a Building Permit or Certificate of Occupancy shall be a violation of this

Ordinance.

SECTION 9. CONSTRUCTION AND USE TO BE AS PROVIDED IN

APPLICATIONS, PLANS, PERMITS AND CERTIFICATES

Building Permits or Certificates of Occupancy issued on the basis of plans and

applications approved by the Commission authorize only the use, and arrangement, set

forth in such approved plans and applications or amendments thereto, and no other use,

arrangement or construction. Use, arrangement or construction contrary to that

authorized shall be deemed a violation of this Ordinance.

SECTION 10. COMPLAINTS REGARDING VIOLATIONS

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person

may file a written complaint. Such complaint stating fully the causes and basis thereof

shall be filed with the City of Malad. The City of Malad shall properly record such

complaint and direct the Building Inspector to investigate and take action thereon as

provided by this Ordinance.


SECTION 11. PENALTIES

The City Attorney shall, in addition to taking whatever criminal action deemed necessary,

take steps to civilly enjoin any violation of this Ordinance. Penalties for failure to

comply with or violations of the provisions of this Ordinance shall be as follows:

Violation of any of the provisions of this Ordinance or failure to comply with any of its

requirements shall constitute a misdemeanor. Each day such violation continues shall be

considered a separate offense. The landowner, tenant, subdivider, builder, public official

or any other person who commits, participates in, assists in or maintains such violation

may be found guilty of a separate offense. Nothing herein contained shall prevent the

(Board/Council) or any other public official or private citizen from taking such lawful

action as is necessary to restrain or prevent any violation of this Ordinance or of the

Idaho Code.

Any landowner, tenant, subdivider, builder, public official or any other person who fails

to obtain a building permit as required herein shall pay a mandatory civil penalty fee

equivalent to no less than the cost of the regular building permit up to a maximum of

$500.00 fee, as computed in Appendix "A", to the Malad City Clerk within two (2) weeks

of the date of the citation, whereupon the citation will be dismissed. In addition, the

violator shall pay the regular building permit fee as set forth in Appendix "A" to secure

the necessary building permit. In the event said mandatory fee is not paid within said two

(2) weeks, the citation will be referred to the Magistrate's Court for criminal prosecution.

Any person adjudged guilty of failing to obtain a building permit shall be sentenced to a

mandatory maximum fine allowed for misdemeanors in the State of Idaho, and up to six

(6) months in jail.

SECTION 12. SCHEDULE OF FEES, CHARGES AND EXPENSES

The City Council shall establish a schedule of fees as Appendix A to this Ordinance,

charges and expenses and a collection procedure for Building Permits, amendments,

appeals, variances, Special Use Permits, plan approvals and other matters pertaining to

the administration and enforcement of this Ordinance requiring investigations,

inspections, legal advertising, postage and other expenses. The schedule of fees shall be

posted in the office of the City, and may be altered or amended only by the City Council.

Until all applicable fees, charges and expenses have been paid in full, no action shall be

taken on any application or appeal.


ARTICLE XV: AMENDMENT

SECTION 1. GENERAL

Whenever the public necessity, convenience, general welfare or good zoning practices

require, the (City Council) may, by Ordinance after receipt of recommendation thereon

from the Commission and subject to procedures provided by law, amend, supplement,

change or repeal the regulations, restrictions and boundaries or classification of property.

SECTION 2. INITIATION OF ZONING AMENDMENTS

Amendments to this Ordinance may be initiated in one (1) of the following ways:

A. By adoption of a motion by the Zoning Commission;

B. By adoption of a motion by the City Council; and

C. By the filing of an application by a property owner or a person who has existing

interest in property within the area proposed to be changed or affected by said

amendment.

SECTION 3. CONTENTS OF APPLICATION

Applications for amendments to the Official Zoning Map adopted as part of this

Ordinance shall contain at least the following information:


B. Proposed amending ordinance, approved as to form by the (Board/Council);

C. Present land use;

D. Present zoning district;

E. Proposed use;

F. Proposed zoning district;


G. A vicinity map at a scale approved by the Commission showing property line,

thoroughfares, existing and proposed zoning and such other items as the Commission

may require;

H. A list of all property owners and their mailing addresses who are within (300 feet of

the external boundaries of the land being considered;

I. A statement on how the proposed amendment relates to the Comprehensive Plan,

availability of public facilities and compatibility with the surrounding area; and

J. A fee as established by (City Council).

SECTION 4. TRANSMITTAL TO COMMISSION

Zoning districts shall be amended in the following manner:

A. Requests for an amendment to the Zoning Ordinance shall be submitted to the

Commission which shall evaluate the request to determine the extent and nature of

the amendment requested;

B. If the request is in accordance with the adopted Comprehensive Plan, the Commission

may recommend and the (City Council) may adopt or reject the Ordinance

amendment under the notice and hearing procedures as herein provided; and

C. If the request is not in accordance with the adopted Comprehensive Plan, the request

shall be submitted to the Planning and Zoning Commission or, in its absence, the

(City Council), which shall recommend and the (City Council) may adopt or reject

an amendment to the Comprehensive Plan under the notice and hearing procedures

provided in Section 67-6509, Idaho Code. After the Comprehensive Plan has been

amended, the Zoning Ordinance may then be amended as hereinafter provided for.

SECTION 5. COMMISSION PUBLIC HEARING

The Commission shall hold a public hearing and make recommendations on proposed

zoning amendments. Zoning amendments may consist of text or map revisions.

A. Zoning Ordinance Test Amendment. The Planning and Zoning Commission, prior to

recommending a Zoning Ordinance Text Amendment to the City Council shall

conduct at least one (1) public hearing in which interested persons shall have an

opportunity to be heard. At least 15 days prior to the hearing, notice of time and

place and the amendment shall be published in the official newspaper or paper of


general circulation within the jurisdiction. Following the Planning and Zoning

Commission hearing, if the Commission makes a material change from what was

presented at the public hearing, further notice and hearing shall be provided before

the Commission forwards the amendment with its recommendation to the City

Council.

B. Zoning Ordinance Map Amendment. The Planning and Zoning Commission prior to

recommending a Zoning Ordinance Map Amendment that is in accordance with the

Comprehensive Plan to the City Council shall conduct at least one (1) public hearing

in which interested persons shall have an opportunity to be heard. At least 15 days

prior to the hearing, notice of time and place and the amendment shall be published in

the official newspaper or paper of general circulation within the jurisdiction.

Additional notice shall be provided by mail to property owners and residents within

the land being considered; 300 feet of the external boundaries of the land being

considered; and any additional area that may be impacted by the proposed change as

determined by the Planning and Zoning Commission. When notice is required to 200

or more property owners or residents, in lieu of the mail notification three (3) notices

in the official newspaper or paper of general circulation is sufficient, provided that,

the third notice appears 10 days prior to the public hearing. Following the

Commission's hearing, if the Commission makes a material change from what was

presented at the public hearing, further notice and hearing shall be provided before

the Commission forwards the amendment with its recommendation to the City

Council.

SECTION 6. RECOMMENDATION BY COMMISSION

Within 60 days from the receipt of the proposed amendment, the Planning and Zoning

Commission shall transmit its recommendation to the City Council. The Planning and

Zoning Commission may recommend that the amendment be granted as requested, or it

may recommend a modification of the amendment requested, or it may recommend that

the amendment be denied. The Planning and Zoning Commission shall insure that any

favorable recommendations for amendments are in accordance with the Comprehensive

Plan and established goals and objectives.

SECTION 7. ACTION BY CITY COUNCIL

The City Council, prior to adopting, revising or rejecting the amendment to the Zoning

Ordinance as recommended by the Commission shall conduct at least one (1) public

hearing using the same notice and hearing procedures as the Commission. Following the

City Council hearing, if the City Council makes a material change from what was

presented at the public hearing, further notice and hearing shall be provided before the

Council adopts the amendment.


The City Council shall accept the recommendation of the Commission's report unless

rejected by a vote of one-half (1/2) plus one (1) of the members.

Upon granting or denying an application to amend the Zoning Ordinance, the City

Council shall specify:

A. The Ordinance and standards used in evaluating the application;


C. The actions, if any, that the applicant could take to obtain a permit.

In the event the City Council shall approve an amendment, such amendment shall

thereafter be made a part of this Ordinance upon the preparation and passage of an

Ordinance.

SECTION 8. RESUBMISSION OF APPLICATION

No application for a reclassification of any property which has been denied by the City

Council shall be resubmitted in either substantially the same form or with reference to

substantially the same premises for the same purposes within a period of one (1) year

from the date of such final action; unless there is an amendment in the Comprehensive

Plan which resulted from a change in conditions as applying to the specific property

under consideration.

SECTION 9. ZONING UPON ANNEXATION

Prior to annexation of an unincorporated area, the City Council shall request and receive

a recommendation from the Planning and Zoning Commission, or the Planning

Commission and the Zoning Commission, on the proposed Comprehensive Plan and

Zoning Ordinance changes for the unincorporated area. Each Commission and the City

Council shall follow the notice and hearing procedures provided in Article X, Section 6.

Concurrently or immediately following the adoption of an Ordinance of Annexation, the

(Council) shall amend the Comprehensive Plan and Zoning Ordinance.


ARTICLE XVI: ADMINISTRATION

SECTION 1. GENERAL

For the purpose of carrying out the provisions of this Title, a Planning and Zoning

Commission is hereby created.

SECTION 2. City Clerk

For the purpose of this Title, the City Clerk shall have the following duties:

A. Advise interested persons of the zoning provisions;

B. Notify the news media regarding matters of public interest;

C. Aid applicants in the preparation and expedition of required applications;

D. Upon recommendation by the Planning and Zoning Commission to the City Council

for approval, issue zoning permits, certificate of occupancy permits, notifications and

such similar administrative duties;

SECTION 3. Building Inspector

For the purpose of this Title, the Building Inspector shall have the following duties:

A. Investigate all violations of this Title and notify in writing the person responsible for

such violation(s), ordering the action necessary to correct such violation; and

B. Assist the Commission and City Council in carrying out the provisions of this Title.

C. Issue building permits and complete required inspections.

SECTION 4. COMMISSION

A. Membership. The Planning and Zoning Commission (hereinafter referred to as

"Commission") shall consist of five (5) voting members, all appointed by the Mayor and

confirmed by majority vote of the Council. An appointed member of a Commission

must have resided in the City or within the one-half (1/2) mile impact zone for five (5)

years prior to his/her appointment, and must remain a resident of the City during his/her

service on the Commission. Not more than one (1) of the members of any Commission

appointed by the Mayor may reside outside the City limits. The term of office for


members shall be not less than three (3) years, nor more than six (6) years. The

members may serve any number of consecutive terms according to the discretion of the

Mayor and Council. Vacancies occurring otherwise than through the expiration of terms

shall be filled in the same manner as the original appointment. Members may be

removed for cause by the Mayor with the Council's concurrence. Members shall be

selected without respect to political affiliation and may receive such mileage and per

diem compensation as provided by the Council. Commission members may be entitled

to no additional mileage or per diem compensation.

B. Organization. The Planning and Zoning Commission shall elect a chairman and

create and fill any other office that it may deem necessary. The Planning and Zoning

Commission may establish subcommittees, advisory committees, hearing examiners or

neighborhood groups to advise and assist in carrying out the responsibilities. The

Commission may appoint nonvoting ex officio advisors as may be deemed necessary.

C. Rules, Records, and Meetings. Written organization papers or by-laws consistent

with this Title and other laws of the State for the transaction of business of the

Commission shall be adopted. A record of meetings, hearings, resolutions, studies,

findings, permits and actions taken shall be maintained. All meetings and records shall

be open to the public. At least one (1) regular meeting shall be held each month for not

less than nine (9) months in a year. A majority of voting members of the Commission

shall constitute a quorum.

D. Expenditures and Staff. With advance approval of the Council, the Commission

may receive and expend funds, goods and services from the Federal government or

agencies and instrumentalities of State or local governments or from civic and private

sources and may contract with these entities and provide information and reports as

necessary to secure aid. Expenditures by the Commission shall be within the amounts

appropriated by the Council. Within such limits and the approval of the City Council, the

Commission is authorized to hire employees and technical advisors, including but not

limited to planners, engineers, architects and legal assistants. In the event the Council

and Mayor do not appoint a Commission to serve as herein provided, then the Council

shall serve as the Commission and any procedure requiring submission of any issue to or

requirement of a hearing before the Council, shall be deemed combined. Also, in such

circumstance, any review of a Commission decision to the Council shall be deemed

already reviewed.


SECTION 5. DUTIES OF THE COMMISSION

For the purpose of this Title, the Commission shall have the following duties:

A. Initiate proposed amendments to this Title and conduct a review of the

complete Zoning Title every three (3) years.

B. Review all proposed amendments to this Title and make recommendations to the

Council;

C. Review all planned unit developments and make recommendations to the Council;

D. Grant special use permits as specified in the Official Schedule of District Regulations

and under the conditions as herein specified with such additional safeguards as will

uphold the intent of this Title;

E. Hear and decide appeals where it is alleged there is an error in any order,

requirement, decision, interpretation or determination made by the Commission; and

F. Authorize such variances from the terms of this Title as will not be contrary to the

public interest where, owing to the special conditions, a literal enforcement of this

Title will result in unnecessary hardship, and so that the spirit of this Title shall be

observed and substantial justice done.

SECTION 6. CONFLICT OF INTEREST

The Council creating a Commission shall provide that the area and interests within its

jurisdiction are broadly represented on the Commission. A member or employee of the

Council or Commission shall not participate in any proceeding or action when the

member or employee or his employer, business partner, business associate, or any person

related to him by affinity or consanguinity within the second degree has an economic

interest in the procedure or action. Any actual or potential interest in any proceeding

shall be disclosed at or before any meeting at which the action is being heard or

considered. A knowing violation of this Section shall be a misdemeanor


ARTICLE XVII: SUBDIVISIONS

SECTION 1. JURISDICTION AND GENERAL PROVISIONS

A. Title.

This Article of the Malad City Comprehensive Ordinance shall be known as the "Malad

City Subdivision Code".

B. Intent and Purpose.

It is the intent of the City in enacting this Article that the owners and/or developers of any

property that is being developed, both in and around the City, shall dedicate to the public

their share of all such developing lands as may be needed for the creation of streets,

alleys, parks, open spaces, etc.; and all utility, pedestrian, drainage ways, and other such

easements as all the above may be needed for the public health, safety, and general

welfare and improvement of the City and its inhabitants. It is further intended that all

owners or developers of such developing property shall pay for their full share of all

street improvements such as sidewalk, curb and gutter, paving, culinary water system

improvements, sanitary sewer system improvements, storm drain system improvements,

or any improvements as require by the City of Malad Any questions or interpretations

that may arise regarding the meaning or intent of this or any other Ordinance of the City

shall be resolved in such manner as best reflects the above stated intent.

The development and subdivision of land is a privilege conferred upon the developer by

the laws of the State of Idaho. The duty of compliance with reasonable conditions laid

down by the City for the design, conform to the physical and economical development of

the City, its surrounding area, and to the safety and general welfare of the future lot

owners in the subdivision and of the community at large.

It is hereby declared to be the policy of the City to consider the development and/or

subdivision of land as subject to the control of the City pursuant to a Comprehensive Plan

for the orderly, planned, efficient, physical and economic development of the City. Land

to be developed and/or subdivided shall be of such character that it can be used safely for

building purposes without danger to health, or peril from fire, flood or other menace, and

land shall not be developed and/or subdivided until adequate provisions have been made

for public facilities and improvements as required elsewhere in this Ordinance, in the

Zoning Ordinance and in all other applicable ordinances and regulations.

The existing and proposed public improvements shall conform to and be properly related

to the proposals shown in any Comprehensive Plan and the Public Facilities Map. It is

intended that this Ordinance shall supplement and facilitate the enforcement of the

provisions and standards contained in the Building and Housing Codes, the Zoning


Ordinance, the Comprehensive Plan, the Public Facilities Map, the Land Use Plan, the

City's Standard Construction Specifications and Standard Drawings, and other such

related ordinances, codes, plans, maps, specifications, and standards.

The purposes of these regulations are to promote the public health, safety and general

welfare, and to provide for:

1. The harmonious development of the area.

2. The coordination of streets and roads within the subdivision with other existing or

planned streets and roads within and without the City of Malad.

3. Adequate open space for travel, light, air and recreation.

4. Adequate transportation system, water drainage and sewage collection and treatment

facilities, water supply and distribution system, parks, school sites, and other public

uses and facilities.

5. The avoidance of scattered subdivision of land that would result in either of the

following:

a. The lack of water supply, sewer service, drainage, sidewalks, curb and gutters,

transportation or other public services and improvements.

b. The unnecessary imposition of an excessive expenditure of public funds for

the supply of such services or improvements.

6. The requirements as to the extent and manner in which:

a. Roads shall be created and improved.

b. Water and sewer and other utility mains, piping connections, or other facilities

shall be installed.

c. Sidewalks, curbs and gutters shall be installed.

7. The manner and form of making and filing of any plat.

8. The establishment of reasonable standards governing the design of and in the

procedures of the subdivision and resubdivision of land.

9. The orderly layout and use of land and to insure proper legal descriptions and the

proper monumenting of subdivided land.

10. The administration of these regulations by defining the powers and duties of approval

authorities.


C. Jurisdiction.

No person shall subdivide any tract of land which is located wholly or in part in the City,

or within one (1) mile of the corporate limits of the City or such additional distance as

may mutually be agreed upon by both the City and County of Oneida pursuant to

Sections 50-1306 and 67-6526, Idaho Code, unless he shall first have or cause to have

made a plat thereof as set forth within this Ordinance. It shall be unlawful to receive or

record plats or replats under the jurisdiction of this Ordinance until the Mayor and

Council shall have approved such plats and they shall bear thereon the approved

endorsement of the City Engineer and City Clerk.

D. Application.

All subdivisions as herein defined shall be submitted for approval by the City Council

and shall comply with the provisions of this Ordinance. This Ordinance shall supplement

all other ordinances and regulations, and where at variance with other laws, regulations,

ordinances or resolutions, the more restrictive requirements shall apply.

E. Administration.

The City Council may appoint an Commission to carry out the provisions as herein

specified and to serve at the pleasure of the Planning Commission. The Commission

shall receive and process all subdivision applications. In absence of such an appointment

the City Clerk shall carry out this function.

F. Severability.

Where any word, phrase, clause, sentence, paragraph, section or other part of these

regulations are held invalid by a court of competent jurisdiction, such judgment shall

affect only that part so held invalid.

SECTION 2. DEFINITIONS

For the purpose of this Ordinance, the following terms, phrases, words and their

derivations shall have the meaning given herein. When not inconsistent with the context,

words used in the present tense include the future, words in the plural number include the

singular number and words in the singular number include the plural number.

Commission. An official having knowledge of the principles and practices of

subdividing, appointed by the City to administer this Ordinance.


Alley. A public way designed to serve as secondary access to the side or rear of lots

having principal access on some other street.

Annexation Agreement. An agreement or contract between the subdivision developer

and the City setting forth the rights, duties, obligations and conditions of development

that may apply to the parties regarding each specific subdivision or development.

Block. A group of lots, tracts or parcels within well defined boundaries, usually streets.

Board. Board of County Commissioners, Oneida County.

Building. Any structure designed or used for the support, shelter, or enclosure of

persons, animals, chattels, or movable property of any kind.

Building Setback Line. An imaginary line established by ordinance that requires all

buildings to be set back a certain distance from lot lines.

Building Site. An area proposed or provided and improved by grading, filling,

excavation or other means for the erection of a building.

Cemetery. A lot or tract of land that has been platted for the selling of sites for the burial

of animal or human remains.

City. The word "City" shall mean the City of Malad City, Idaho.

Commission. The City Planning and Zoning Commission of the City of Malad City.

Committee. The Technical Committee, appointed by the Council upon recommendation from the Commission, to assist with the technical evaluation of subdivisions, and to make recommendations to the Commission. The membership of the Committee shall include,

but not be limited to, persons that are engaged in either private or public work with

specific knowledge in the following areas.

1. Road design and construction;

2. Sewer and water facility design and construction;

3. Health requirements for water and sewer facilities;

4. Environmental planning criteria such as: geology, water systems, vegetation and

noise;

5. Solid waste; and

6. Recreational and open space.


The Technical Review Committee can include the City Engineer, a representative from

the Southeastern Idaho Health District, the City Road Foreman, and any other qualified

individuals with a technical background from the community.

Comprehensive Plan. A document also known as a Comprehensive Development Plan,

showing the general location and extent of present and proposed development, including

housing, industrial and commercial uses, streets, parks, schools and other community

facilities.

Condominium. An estate consisting of an undivided interest in common in real property

in an interest or interests in real property, or in any combination thereof; together with a

separate interest in real property, in an interest or interests in real property or in any

combination thereof.

Council. The City Council of the City of Malad City, Idaho.

County Recorder. The term "County Recorder" shall mean the office of the County

Recorder of Oneida County, Idaho.

Crosswalk. The word "Crosswalk" shall mean a public right-of-way for pedestrian

traffic.

Culvert. A drain that channels water under a bridge, street, road or driveway.

Dedication. The word "Dedication" shall mean the deliberate appropriation of land by its

owner for any general and public use; reserving to himself no other rights, being

compatible with the full exercise and enjoyment of the public use to which the property

has been devoted. Dedicated land becomes public land only upon the acceptance of the

same by the City and/or County.

Developer. Authorized agents of a Subdivider or the Subdivider himself.

Dwelling Unit. Any building or other structure proposed or built for occupancy by

people.

Easement. A grant by a property owner to specific persons or to the public to use land

for specific purposes. Also, a right acquired by prescription.

Engineer. Any person who is licensed in the State to practice professional engineering.

Flood Plain. The relatively flat area or low land adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100 year frequency. The flood plain includes the channel, floodway and floodway fringe, as

established per the engineering practices as specified by the Army Corps of Engineers, as

follows:


1. "Flood of 100 year frequency" shall mean a flood magnitude which has a 1%

chance of being equaled or exceed in any given year;

2. "Flood" shall mean the temporary inundation of land adjacent to and inundated by

overflow from a river, stream, lake or other body of water;

3. "Channel" shall mean a natural or artificial watercourse of perceptible extent, with

definite bed and banks to confine and conduct continuously or periodically

flowing water;

4. "Floodway" shall mean the channel or a watercourse and those portions of the

flood plain adjoining the channel which are reasonably required to carry and

discharge the flood water of any watercourse; and

5. "Floodway fringe" shall mean that part of the flood plain which is beyond the

floodway. Such areas will include those portions of the flood plain which will be

inundated by a flood of 100 year frequency.

Frontage. That side of a lot abutting on a street and ordinarily regarded as the front of the

lot.

Frontage Street. Any street along which development on both sides is proposed.

Governing Body. The City Council of the City of Malad City, Idaho.

Grade. The slope of a road or street expressed in percentage (%) terms.

Highway. A street designated as a highway by an appropriate State or Federal Agency.

Highway or Street, Limited Access. An expressway highway or arterial street providing

a route for through traffic, in respect to which adjacent property owners or occupants and

others have no legal right to access to or from, except as may be determined by the public

authority having jurisdiction over such route.

Improvement. Any alteration to the land or other physical constructions associated with

subdivision and building site developments.

Large Scale Development. A subdivision, the size of which consists of 50 or more lots or

dwelling units.

Lot. A parcel, plot, tract, or portion of a subdivision, or other land area of suitable size as

required in these regulations and the existing zoning ordinance having frontage on a

dedicated street.

Lot Area. The area of any lot shall be determined exclusive of street, highway, alley,

road or other rights-of-way.


Lot Types. As used in these regulations, lot types are as follows:

1. Corner lot is a lot located at the intersection of two (2) or more streets;

2. Interior lot is a lot other than a corner lot with frontage on only one (1) street; and

3. Through lot is a lot with frontage on more than one (1) street other than a corner

lot.

Reserve Strip. A strip of land between a partial street and adjacent property which is

reserved or held in public ownership of future street extension or widening.

Right-of-Way. A strip of land dedicated or reserved for use as a public way, which

normally includes streets, sidewalks and other public utilities or service areas.

Sewage Disposal System, Individual. A septic tank seepage tile sewage disposal system,

or any other approved individual sewage treatment device.

Shall. The word "Shall" shall always mean mandatory and not merely directory.

Standard Specifications and Drawings. Shall be the specifications and drawings

governing the construction and/or installation of streets, concrete walks, waterlines,

sewerlines, as specified in this Ordinance or as officially adopted by the City.

Street. A right-of-way which provides access to adjacent properties, the dedication of

which has been officially accepted. The term "Street" also includes the terms highway,

thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.

1. Dead-end. A street or portion thereof with only one (1) outlet.

2. Minor. A street which has the primary purpose of providing access to abutting

properties.

3. Collector. A street which has the primary purpose of carrying traffic from minor

streets to other collector streets and/or arterial streets.

4. Arterial. A street designated for the purpose of carrying fast and/or heavy traffic.

5. Loop. A minor street with both terminal points on the same street of origin.

6. Cul-de-sac. A street connected to another street to one (1) end only and provided

with a turn-around space as its terminus.

7. Frontage. Minor street, parallel to and adjacent to an arterial street to provide

access to abutting properties.


8. Partial. A dedicated right-of-way providing only a portion of the required street

width, usually along the edge of a subdivision or tract of land.

9. Private. A street that is not accepted for public use or maintenance which

provides vehicular and pedestrial access.

Subdivider. The world "Subdivider" shall mean any individual, legal entity

commencing proceedings under this Chapter to effect a subdivision of land hereunder for

himself or for another.

Subdivision. The word "Subdivision" shall mean the division of a developed or

undeveloped tract or parcel of land into two (2) or more parts for the purpose, whether

immediate or future, of sale or of building development; provided, that if any one (1)

person within one (1) calendar year divides any tract into two (2) or more parts, or if a

new street is involved in any division of a parcel of land, such land shall be deemed a

subdivision within the meaning of this Chapter; provided however, that this definition of

a subdivision shall not include a bona fide division or partition of agricultural land in

parcels of more than five (5) acres for agricultural purposes, nor shall it include the

division of property which is within a duly zoned commercial or industrial district for

commercial or industrial development where no new streets are required or are to be

dedicated for public use; nor shall it include or apply to the allocation of land in the

settlement of an estate, or a court decree for the distribution of property; nor shall it apply

to the sale or conveyance of any parcel of land which may be shown as a portion of a

platted lot having two (2) acres or less, the lot being in a subdivision of which a plat

heretofore has been recorded in the land records of Oneida County, Idaho.

Utilities. Installations for conducting water, sewage, gas, electricity, television, storm

water and similar facilities providing service to and used by the public.

Variance. A modification of the strict terms of the relevant regulations where such

modification will not be contrary to public interest and where, owing to conditions

peculiar to the property and not the result of the action of the applicant, a literal

enforcement of this Ordinance would result in unnecessary and undue hardship.

Vicinity. A small-scale map showing the location of a tract of land in relation to a larger

area.

SECTION 3. PLATTING

A. Platting Required.

Every owner of any piece, parcel, or tract of land who proposes, and in fact, does divide

said tract of land into two (2) or more lots, parcels or sites for the purpose of sale,

building development, or other similar, related or associated non-agricultural uses,

whether immediate or future, shall, before the sale of the second division of said land is


completed, prepare and file a plat thereof in conformance with the requirements of this

Ordinance.

These requirements for platting shall not apply to any of the following:

1. The bona fide sale, division, or partition of agricultural land for continued

agricultural purposes. A bona fide division or partition of agricultural land for

agricultural purposes shall mean the division of land into parcels or tracts all of

which are 20 acres or larger in area and which are maintained as strictly

agricultural lands.

2. An allocation of land in the settlement of an estate of a decedent or a court decree

for the distribution of property.

3. The unwilling sale of land as a result of legal condemnation as defined and

allowed in the Idaho Code.

4. Widening of existing streets to conform to the Comprehensive Plan.

5. The acquisition of street right-of-ways by a public agency in conformance with

the Comprehensive Plan.

6. The exchange of land for the sole purpose of straightening property boundaries

which does not result in the change of the present land usage.

B. Development Without Platting.

It is the overall intent of this Ordinance that all land shall be platted whenever and

wherever such is required by Section 3 herein. However, when individual, isolated

parcels of property are encountered in and around the City where the requirements for

platting do not appear applicable or are not required under Section 3 herein, then it is the

intent of this Ordinance that as such properties are developed (i.e. land-use changed from

one (1) use to a more intensive use, such as "agricultural" to "residential" or "residential"

to "commercial", etc.) and built-upon, that the owners and/or developers thereof shall

dedicate to the public their equitable share of said developing lands as such is required

for the creation of streets, alleys, parks, open spaces, etc.; and utility, pedestrian,

drainage way or other similar easements as the above may be needed for the public

health, safety, and general welfare improvement of the City and its inhabitants. It is

further intended that the owners or developers of such developing property or property

being built upon shall pay for their full share of all street improvements (sidewalk, curb

and gutter, paving, etc.), culinary water system improvements, sanitary sewer system

improvements, storm drain system improvements, etc. in a manner equitable with that

required of the Owners and/or Developers of platted and subdivided ground.


SECTION 4. PROCEDURE FOR SUBDIVISION APPROVAL

A. Approval of Subdivision Plat Required.

No plat shall be recorded or offered for recording with the County Recorder until the plat

has been reviewed by the Commission, and approved by the Mayor and Council. No lots

shall be sold until the plat has been recorded in the Office of the County Recorder.

B. PreApplication (Sketch Plan).

1. Application. The Subdivider may submit a Preapplication and Sketch Plan to

enable the Commission to review and comment on the proposed subdivision. The

Preapplication submittal shall include as many copies of the Sketch Plan as is

deemed necessary by the Commission. The Sketch Plan shall include the entire

developmental scheme of the proposed subdivision, drawn approximately to scale, including the following:

(a) The general layout and approximate dimensions of the streets, blocks, and lots

in sketch form;

(b) The existing conditions and characteristics of the land on and adjacent to the

proposed subdivision site; and

(c) The areas to be set aside for schools, parks, and other public facilities.

2. Fees. All fees and costs associated with the Pre-application shall be as set forth in

the current Subdivision Fee Schedule adopted by the City.

3. Commission Action. The Commission shall notify the Subdivider within 15 days

from the date of receiving an acceptable Preapplication as to the general

conformance or nonconformance of the proposal with this Ordinance and other

applicable ordinances or regulations of the City, and shall provide the Subdivider

with the necessary forms and check lists required for the submission of the

subsequent Preliminary and/or Final Plat. At this time, the Commission shall

indicate:

(a) If the proposed development complies with the existing City, County, or State

policies, goals, objectives and the City's Comprehensive Plan;

(b) If additional special permits are needed or if ordinance conflicts, such as

rezoning requirements, special development permits, or variances are required

and the manner of handling such requirements.

(c) If there are any unique environmental features or hazardous concerns that may

be directly or indirectly associated with the subject property, i.e. areas that

have been designated by the State as areas of critical environmental concern,


unique plant or animal life, areas within a flood plain, airport flight pattern, or

the like; and

(d) If there are other City, County, or State agencies or departments that the

Subdivider should contact before preparing a Preliminary Plat or Final Plat.

C. Preliminary Plat.

1. Application. The Subdivider shall file with the Commission a complete

Preliminary Plat Application Form, Preliminary Plat, and other such related data

as may be required by this Ordinance or the Commission. The required number

of copies of the Application Form, Preliminary Plat, etc. shall be established by

the Commission.

2. Combining Preliminary and Final Plats. The Subdivider may request that the

Subdivision Application be processed as both a Preliminary and Final Plat if all

the following exists:

(a) The proposed subdivision does not exceed 10 lots;

(b) No new street dedications or street widenings are involved;

(c) No major zoning problems are expected;

(d) No major special development considerations are involved, such as

development in a flood plain, airport clear zone, hillside development or the

like; and

(e) All required information for both the Preliminary and Final Plat is complete

and in an acceptable form.

3. Content of Preliminary Plat Submittal.

The contents the Preliminary Plat Submittal and related information shall be in such form

as may be required by the Commission; however, any additional maps or data deemed

necessary by the Commission shall also be provided. The Subdivider shall submit to the

Commission at least the following:

(a) A Preliminary Plat Application Form requesting approval of the Preliminary Plat;

(b) The appropriate number of copies of the Preliminary Plat of the proposed

subdivision, drawn in accordance with the requirements hereinafter stated;

(c) The appropriate number of copies of the proposed Preliminary Plat showing by

color or symbol the type of zoning that the Subdivider desires for the area

contained within the Preliminary Plat;


(d) The appropriate number of copies of the Preliminary Engineering Plans (not

meant to include any detailed designs) showing all streets, waterlines, sanitary

sewers, storm drainage directional flow arrows and storm drain facilities, and

other such required public improvements. (The Preliminary Plat and Engineering

Plans may be combined on one (1) composite drawing if the amount of detail, etc.

associated with the combining of said drawings does not make the composite

drawing too cluttered and unreadable).

(e) Appropriate information that sufficiently details the proposed development within

any special development areas, such as hillside, planned unit development, flood

plain, airport clear zone, mobile home, large scale development, hazardous and

unique areas of development, etc.

(f) The name and address of all adjoining and adjacent owners of property within 300

feet of the property being considered (whether or not bisected by a public right-

of-way) as shown on record in the County Assessor's Office. Also when

specifically requested, the names and addresses of all other persons to whom the

Commission deems it appropriate that any NOTICE OF PUBLIC HEARING that

may be held by the Commission should be sent if it is determined that a Public

Hearing is desirable or necessary.

4. Requirement for Preliminary Plat and Preliminary Engineering Drawings.

The Preliminary Plat and Preliminary Engineering drawings shall be drawn on good

quality paper, linen, or mylar having dimensions of not less than 24 inches by 36 inches.

The following shall be shown on the Preliminary Plat, Preliminary Engineering

Drawings, or shall be submitted separately:

(a) The name of the proposed subdivision;

(b) The legal description of the subdivision;

(c) The names, addresses and telephone numbers of the Subdivider or Subdividers

and the Engineer and Surveyor who prepared the Plat and Engineering Drawings;

(d) The north point, scale, and date. The Preliminary Plat and Preliminary

Engineering Drawings shall be drawn to a scale not smaller than one (1) inch

equals 100 feet;

(e) A vicinity map showing the relationship of the proposed plat to the surrounding

area within a 1/2 mile minimum radius (scale optional);


(f) The entire area scheduled for development where the proposed subdivision is only

a portion of a larger tract of land intended for subsequent and eventual

development;

(g) The boundary lines of the tract to be subdivided should be accurate in scale and

bearing;

(h) Both the existing and proposed land use and zoning of the proposed subdivision

and the adjacent land, (i.e. single-family residential, multi-family, etc.,

commercial industrial, recreational, agricultural, etc.)

(i) Contour lines, shown at five (5) foot intervals where land slope is greater than

10% and at two (2) foot intervals where land slope is 10% or less, referenced to

an established bench mark, including location and elevation.

(j) Any sites proposed for parks, playgrounds, schools, churches or other public uses;

(k) Any proposed or existing utilities, both within the tract and the areas adjacent thereto, including, but not limited to water mains, fire hydrants, storm and sanitary sewers, and their respective sizes, directions of flow, etc;

(l) The location, and, when applicable, the depth, width, and/or sizes of all other

important features such as railroad lines, water courses, canals, irrigation ditches,

irrigation laterals, drainage ditches, bridges, culverts, exceptional topography, etc.

within and contiguous to the tract to be subdivided;

(m)The location, widths, and other required dimensions of all proposed streets, alleys,

easements, etc. The proposed names of all the streets whether existing, new or

continuous. The new street names shall not be the same or similar to any other

street names used in the City. Street name continuity shall be maintained to the

maximum extent possible from one (1) subdivision to another wherever the street

alignment is, in fact, continuous.

(n) Any special dedications to the public and/or special easements, together with a

statement of location, dimensions and purpose of such;

(o) Lot lines and blocks showing the typical dimensions and numbers of each;

(p) A site report as required by the District Six Health Department where individual

wells or septic tanks are proposed;

(q) All additional required information for special developments as specified in

Article X, Section 1-3 of this Ordinance; and


(r) A statement as to whether or not a variance, as specified in Article XVII,

Section 7 of this Ordinance, will be requested with respect to any provision of

this Ordinance describing the particular provision, the variance requested, and

the reasons therefore.

5. Fees. All fees and costs associated with the City's review of the Preliminary Plat, etc.

shall be as set forth in the current Subdivision Fee Schedule adopted by the City.

6. Administration Review.

(a) Certification. Upon receipt of the Preliminary Plat and all other required data as

provided for herein, the Commission shall certify the Preliminary Plat Application

as complete and shall sign and date same, and shall thereafter place the

Preliminary Plat on the agenda of the Technical Review Committee for

consideration at its next regular meeting which will normally be held no less than

five (5) days after said date of certification nor more than 20 days thereafter.

(b) Review by Other Agencies. The Commission shall refer the Preliminary Plat and

other applicable information to as many City departments and/or agencies as

deemed necessary. Such departments and agencies may include, but are not

limited to, the following:

(1) City Departments (Police, Fire, Engineering, Street, Water, Sewer, Parks,

etc.);

(2) Other governing bodies having joint jurisdiction; companies, drainage

districts; etc.;

(3) The appropriate utility companies, irrigation companies, drainage districts,

etc.;

(4) The Superintendent of the School District; and

(5) Other agencies having an interest in the proposed subdivision.

Upon expiration of the time allowed for department and agency review, the

Administration shall collect all recommendations, etc. from same and shall

prepare it for consideration by the Technical Review Committee.

7. Technical Review Committee Recommendations.

(a) The Technical Review Committee shall review the Preliminary Plat from the

viewpoint of the various technical disciplines represented on the Committee.


(b) The Technical Review Committee shall make a recommendation to the Planning

Commission on each Preliminary Plat, on each special request that is made by the

Subdivider and on any other items or features that the Committee feels are

significant and appropriate. The Committee's recommendation shall include how

deficiencies or shortcomings of the Preliminary Plat might be overcome.

(c) The Preliminary Plat shall be placed on the agenda of the next regular

Commission meeting after the Committee meeting.

8. Public Notification.

Whenever the Commission feels that a proposed subdivision or development may

generate considerable public interest or controversy or is of significant public concern, it

may direct the Commission to notify all adjoining property owners whose names and

addresses have been provided by the Subdivider that the Commission will hold a public

meeting concerning the Preliminary Plat of said subdivision. This notification shall

include the subject matter and the time, date and place of said meeting. Such written

notification shall be mailed at least 10 days prior to the Commission meeting. The

Commission's failure to provide each adjacent individual with such notification shall not

invalidate the Commission's action, provided the spirit of the procedure has been

observed and followed.

9. Commission Action.

(a) Hearing by Commission. Within a reasonable time following receipt of the

Committee's recommendation, the Commission shall review the Preliminary Plat,

the report from the Committee, comments from concerned persons and agencies

and the report from the Commission to arrive at a decision on the Preliminary

Plat.

(b) Commission's Findings. In determining the acceptance of a proposed subdivision,

the Commission shall consider at least the following:

(1) The conformance of the subdivision with the Comprehensive Development

Plan.

(2) The conformance of the subdivision with the requirements of this Subdivision

Ordinance;

(3) The availability of public services to accommodate the proposed

development; and

(4) Such other health, safety or environmental problems as may be brought to the

Commission's attention.


(c) Action on Preliminary Plat. The Commission may approve conditionally,

disapprove, or table the Preliminary Plat for additional information. Such action

shall occur within 30 days of the date of the regular meeting at which the plat is

first considered by the Commission. The action, and the reasons for such action

shall be stated in writing by the Commission, and forwarded to the Subdivider.

The Commission shall also forward a statement of the action taken and the

reasons for such action, together with a copy of the Preliminary Plat to the City

Council for their information and record. Upon granting or denying a Preliminary

Plat the Commission shall specify:

(1) The Ordinance and Standards used in evaluating the application;

(2) The reasons for approval or denial; and

(3) The recommended actions, if any, that the applicant could subsequently take

to obtain approval of the Preliminary Plat.

10. Action on a Combined Preliminary and Final Plat.

If the Commission agrees to the Subdivider's request for the subdivision to be considered

as both a Preliminary Plat and a Final Plat then the Commission's review and hearing

procedures shall be the same as those hereinafter specified for a Final Plat.

11. Appeals.

Any person or aggrieved party who appeared in person or who submitted written

testimony before the Commission, or the Subdivider himself, may appeal, in writing, the

decision of the Commission relative to the final action taken by said Commission. Such

appeal must be submitted to the City Council within 10 days from the date of said

Commission action. Upon receipt of an appeal regarding the action of the Commission,

the City Council shall thereupon establish a hearing date to consider all information,

testimony and the Commission's minutes of the Commission's meeting to reach a

decision to uphold, conditionally uphold or overrule the decision of said Commission.

The City Council can only overrule the Commission by a favorable vote of one-half (1/2)

plus one (1) of the full City Council.

12. Preliminary Plat Approval Period.

(a) The failure of the Subdivider to secure approval of a Final Plat Application within

one (1) year time period after the date of the Commission's approval of the

Preliminary Plat shall cause all approvals of said Preliminary Plat to become null

and void, unless an extension of time is applied for by the Subdivider and granted

by the Commission.

(b) In the event that the development of the subdivision (as represented by the

Preliminary Plat) is made in successive contiguous segments (represented by


Final Plats) in an orderly and reasonable manner, and said successive Final Plats

conform substantially to the approved Preliminary Plat, then said Final Plats, if

submitted within successive intervals of one (1) year or less may be considered

for final approval without resubmission of the Preliminary Plat for re-approval;

however, in no case shall Preliminary Plat be considered as "approved" for more

than a three (3) year period. At the end of such a three (3) year approval period,

the Commission may request a re-review of said Preliminary Plat. The

Subdivider will not be required to pay any Preliminary Plat fees when the

Commission requests a re-review of a Preliminary Plat at the end of such a three

(3) year period; however, he must abide by the Commission's request for a re-

review and must proceed through the various procedural and approval steps

heretofore outlined for acquiring the Commission's approval of said Preliminary

Plat.

(c) The Subdivider may request the Commission to re-review a new or modified

Preliminary Plat of a subdivision (even though he may have Commission

approval of an existing Preliminary Plat for said subdivision) at any time he

wishes by proceeding through the various Preliminary Platting steps heretofore

outlined Sections 4 to 12) including the paying of the required fees.

13. City Council Approval.

If no appeal is brought before the City Council as set forth in Section 11 above and if the

Council takes no action to disapprove or remand the Preliminary Plat and Commission

action is presented to it by the Commission, the Subdivider may proceed to prepare a

Final Plat in accordance with this Ordinance.

D. Final Plat.

1. Application.

After the approval or conditional approval of the Preliminary Plat, the Subdivider may

cause the total parcel, or any part thereof, to be surveyed and a Final Plat prepared in

accordance with the approved Preliminary Plat.

Prior to the approval of any Final Plat that represents only a portion of the originally

approved Preliminary Plat, the Commission and/or the City Engineer may impose such

conditions upon the Final Platting of said Portions, Phases, or Divisions, as it or he deems

necessary to assure the orderly development of said separately platted areas.

The Subdivider shall file with the Commission a complete Final Plat Application Form,

Final Plat, and other such related data as may be required by this Ordinance or the

Commission. The required number of copies of the Application Form, Final Plat, etc.

shall be as established by the Commission.


2. Content of Final Plat Submittal.

The Contents of the Final Plat Submittal and related information shall be in such form as

may be required by the Commission; however, any additional maps, data or information

deemed necessary by the Commission shall also be provided.

The Subdivider shall submit to the Commission at least the following:

(a) A Final Plat Application Form requesting approval of the Final Plat;

(b) The appropriate number of copies of the Final Plat of the proposed subdivision,

drawn in accordance with the requirements hereinafter stated in Section 3.

(c) The appropriate number of copies of the proposed Final Plat showing by color or

symbol the types of zoning that the Subdivider desires for the area contained

within the Final Plat.

(d) Proof of current ownership of the real property included in the proposed Final Plat

and such other information as the Commission or Commission may deem

necessary to establish whether or not all proper parties have signed and/or

approved said Final Plat.

(e) Subdivision Street and utility Improvement Drawings prepared in accordance

with the requirements hereinafter stated in Section 5 and as may be required by

the City Engineer.

(f) The Annexation Agreement or Development Agreement setting forth the

contractual obligations and agreements between the City and the Subdivider.

(g) The names and addresses of all property owners within 300 feet of that property

being considered as a Final Plat as such are found on record in the County

Assessor's Office. Also, the names and addresses of all other persons to whom

the Commission deems it appropriate that a NOTICE OF PUBLIC HEARING

should be sent.

3. Final Plat Requirements.

The Final Plat shall be prepared in accordance with the requirements of Section 50-1304

of the Idaho Code. It shall be prepared in black opaque image upon stable base drafting

film with a minimum base thickness of 0.003 inches, by either a photographic process

using a silver image emulsion or by use of a black opaque drafting film ink, applied by

mechanical or hand-written means. The drafting film and image thereon shall be

waterproof, tear-resistant, flexible, and capable of withstanding repeated handling, as

well as providing archival permanence. If ink is used on drafting film, the ink surface

shall be coated with a suitable substance to assure permanent legibility. The drafting film

must be of a type which can be reproduced by either a photographic or diazo process.


Plats shall be 18 inches by 27 inches in size, with a three (3) inch margin at the left end

for binding and a one-half (1/2) inch margin on all other edges. No part of the drawing or

certificates shall encroach upon the margins. Signatures may be in reproducible black

ink. The sheet or sheets which contain the drawing or diagram at a scale suitable to

insure the clarity of all lines, bearings, and dimensions. In the event that any subdivision

is of such magnitude that the drawing or diagram with appropriate references to other

sheets. The required dedications, acknowledgments and certifications shall appear on

one (1) of the serially numbered sheets.

The Plat shall be so drawn that the top of the sheet either faces north or west, preferably

north, whichever accommodates the drawing best. The Plat shall be drawn on a scale not

smaller than 100 feet to one (1) inch and shall clearly show all details. The workmanship

on the finished drawing shall be neat, clear-cut, and easily readable.

The following information shall be contained upon the Final Plat in the completeness

from and accuracy limits set forth herein;

(a) The name of the subdivision shall be set forth in bold letters at the top of the

sheet. The Title shall also include the name of the City, County, and State, and

the designation of the Section, Township, and Range that the subdivision is

located in. The name of the subdivision must not bear the name of any other

similar town or addition in the County, nor can the same word or words similar or

pronounced the same, be used in making a name for said addition, except the

words City, Place, Court, Addition or similar words, unless the same is

contiguous and laid out and platted by the same party or parties platting the

additional bearing the same name, or a party files and records the written consent

of the part or parties who platted the addition bearing the same name. All Plats of

the same name must continue the block numbers of the Plat previously filed.

(b) The North point and scale of the Plat and date.

(c) The boundaries of the subdivision must be accurately drawn and the proper

bearings and dimensions of all boundary lines shall be clearly shown thereon.

These lines should be slightly heavier than the street or lot lines.

(d) The subdivision shall be tied to at least two (2) governmental survey corners, or in

lieu of government survey corners, to monuments recognized by the City

Surveyor in Sub-section five (5) below.

(e) The location, width, and names of all existing or dedicated streets, alleys, or other

public ways within or adjacent to the proposed subdivision.

(f) The names and boundaries of all subdivisions which have been previously

recorded and which are adjacent thereto, must be shown upon the Plat. These

adjacent subdivisions, subdivision streets, etc. shall be indicated by dotted lines to

show their relationship to the plat offered for record. If adjoining land is

unplatted, it should be indicated as such.


(g) The location, dimension, and purpose of all easements.

(h) The blocks shall be numbered consecutively throughout the entire subdivision and

the lots numbered consecutively throughout each block. Areas to be excluded

from platting shall be marked "Reserved" or "Not a Part" or "Exclusion".

(i) Any property, other than streets or alleys, which is offered for dedication for

public use shall be fully dimensioned by lengths and bearings, with the area

marked "Public" and showing the proposed use.

(j) All tract or subdivision boundary lines, property lines, lot lines, street right-of-

way and center lines, alley lines and other rights-of-way and easement lines; also

the boundaries, bearing and dimensions of all tracts of land within the subdivision

which are intended to be dedicated for the use of the public, shall all be delimit

with accurate dimensions in feet and decimals thereof, and bearings in degrees,

minutes, and seconds all to the accuracy limits set forth below:

(1) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of

a foot; and

(2) All bearings shall be calculated to one (1) second of arc. The radii, arcs,

central angles, tangents and chord lengths shall be shown for all curves.

(k) The location of all monuments shall be shown. Monuments are required and shall

be shown at all street centerlines point-of-curve and point of tangent locations, at

the point-of-intersection of the center-lines of intersecting streets, at all points

along the exterior boundary of the subdivision where said boundary line changes

direction, and at all lot corners.

(l) All bearings shown on the Final Plat shall conform to City of Malad Datum. All

points requiring monuments as set forth above shall, if directed by the City

Engineer have the coordinates for said point calculated based on the State Plan

Coordinate System, Malad Datum, and shown on said Plat.

(m)Certification by the Registered Land Surveyor preparing the Plat certifying to the

accuracy of said Survey and Plat.

(n) Certification by the owner, covering the dedication of all street and alley right-of-

ways and sites for public use, and the granting of any easements shown on the

Plat. This shall include a Notary Public's acknowledgement of same.

(o) Certification and signature of the City Surveyor verifying that the accuracy of the

Survey and Plat complies with the requirements of the laws of the State of Idaho

and the City of Malad City.


(p) Certification and signature of the Mayor and City Clerk, verifying that the

subdivision has been approved by the Council.

(q) Sanitary restriction by District Health Department.

4. Number of Copies of Final Plat.

An original and at least three (3) drafting film copies of the Final Plat shall be prepared.

These shall be distributed as follows:

(a) County Recorder - Original + One (1) Copy

(b) City Engineer - One (1) Copy

(c) Subdivider's Engineer - One (1) Copy

All copies shall meet the basic requirements set forth in Subsection three (3) above.

5. City Surveyor Designated.

The City shall choose and require a Surveyor, legally qualified to perform land surveying

in Idaho, to sufficiently check the Plat and all computations thereon to determine that the

requirements herein are met, and said Surveyor shall certify such compliance on the Plat.

For performing such service, the City shall collect from the Subdivider a fee as set forth

in the current Subdivision Fee Schedule adopted by the City.

6. Coordinate Computations Required.

When the Final Plat is submitted to the City Surveyor, a computation sheet showing the

calculated coordinates on all points based on the State Plane Coordinate System, Malad

Datum, shall accompany said Plat.

7. Dedications Required.

All streets, alleys, general street or utility easements and pedestrian walkway easements

within the subdivision must be dedicated for public use.

Dedication of all other public parks or open space within the subdivision will be required

in accordance with the Master Plan of Malad, Idaho. When this Plan calls for a larger

amount of space than the Subdivider can be reasonably expected to dedicate, the land

needed beyond the Subdividers fair contribution is to be reserved for acquisition by the

City, provided such acquisition is made within five (5) years from the date of approval.

The action of the Mayor and Council in exercising this power to compel dedication of

public open space shall take place only after a public hearing has been held on the matter.


Anyone aggrieved by the decision of the Mayor and Council may have the decision

reviewed by a court of competent jurisdiction.

8. Monuments Required.

The type and location of all monuments shall be as follows:

(a) Monuments of concrete with a brass cap conforming to City Standards, and

installed to City Standards shall be set at all street centerline point-of-curve and

point-of-tangent locations, and at the point-of-intersection of the centerlines of

intersecting streets.

(b) All points on the exterior boundary of the subdivision where said boundary line

changes direction shall be marked with monuments either of concrete (with a

brass cap conforming to City Standards), galvanized iron pipe not less than one

(1) inch in diameter and 30 inches long with a brass cap thereon, or iron or steel

rods not less than five-eights (5/8) of an inch in least dimensions and 30 inches

long, or as otherwise approved by the City Engineer.

(c) Points shall be plainly and permanently marked upon all of the above-referenced

monuments so that measurements taken therefrom may be acquired to an

accuracy of one-hundredth (1/100) of a foot. These monuments and the points

thereon shall be existing at the time of the City's final acceptance of the

subdivision improvements.

(d) All lot corners shall be marked with monuments of either galvanized iron pipe or

iron or steel rods (at least one-half (1/2) inch in diameter), and being at least two

(2) feet long. These lot markers shall all be existing at the time of the City's Final

Acceptance of the Subdivision Improvements.

9. Accuracy Requirements.

All dimensions, both linear and angular, shall be staked in the field by an accurate control

survey which must balance and close within a limit of one (1) in 50,000.

10. Amended Plats.

Amended Plats must be filed as per an original Final Plat. In the event a Final Plat of a

subdivision has been recorded and any changes thereto are contemplated which will

change the subdivision materially, the subdivision upon which such changes are

contemplated must be vacated and an Amended Plat filed in accordance with the

regulations set forth in this Ordinance. Any proposed changes in street or alley locations

will require an Amended Plat. Any contemplated or actual selling of partial lots which

has (or could have) the affect of increasing the number of building sites in excess of the

number of platted lots shall require an Amended Plat. The City Engineer shall determine

when an Amended Plat is required.


11. Fees.

All fees and costs associated with the City's review of the Final Plat, etc. shall be set forth

in the current Subdivision Fee Schedule adopted by the City.


(a) Resubmittal of Final Plat. The Commission shall review the Final Plat for

compliance with the approved (or conditionally approved) Preliminary Plat. If the

Commission determines that there is a substantial difference in the Final Plat from

that which was approved as a Preliminary Plat (or conditions which have not been

met), the Commission shall require that the Final Plat be resubmitted to the

Technical Review Committee and Commission in the same manner as required in

the Preliminary Plat process.

(b) Acceptance of Final Plat Application. If upon receipt of the Final Plat, the

Commission finds that all requirements provided for herein have been complied

with, he shall approve the Final Plat Application as being complete and shall sign

and date the same.

(c) Submission to the Commission. Upon his determination that the Final Plat is in

compliance with the Preliminary Plat and that all conditional requirements have

been met, the Commission shall place the Final Plat on the Commission Agenda

within 45 days from the date on which said acceptance Final Plat Application was

acknowledged by the Commission.

13. Technical Committee and Agency Review.

The Commission shall transmit one (1) copy of the Final Plat and other related

documents submitted therewith, to such other departments and agencies as he deems

necessary for their review and recommendations to insure compliance with the

Preliminary Plat approval and/or conditions of the Preliminary Plat approval. Such

agencies may include the following:

(a) City Departments (Police, Fire, Engineering, Street, Water, Sewer, etc.);

(b) Other governing bodies having joint jurisdiction;

(c) The appropriate utility companies, irrigation companies or districts and drainage

districts;

(d) The Superintendent of the School District; and

(e) Other Agencies having an interest in the proposed subdivision.


14. Technical Review Committee Recommendations.

(a) If submitted to the Technical Review Committee by the Commission, the

Committee shall review the Final Plat from the viewpoint of the technical

disciplines represented on the Committee.

(b) The Technical Review Committee shall make a recommendation to the

Commission on each Final Plat, on each special request that is made by the

Subdivider and on any other items or features that the Committee feels are

significant and appropriate. The Committee's recommendation shall include how

deficiencies or shortcomings of the Final Plat might be overcome.

(c) After review by the Technical Committee the Final Plat shall be placed on the

agenda of the next regular Commission Meeting which is held not less than 14

days after said Technical Committee Meeting.

15. Public Hearing Notice Required.

If the Planning Commission is considering a Final Plat (or an unplatted area) and said

areas are being proposed for initial zoning, or a zone change, or annexation, the

Commission shall hold one (1) or more public hearings as required under Section 67-

6509, 67-6511, and 67-6525, Idaho Code regarding the zoning and annexation of said

area.

At least 15 days prior to the required public hearing, a notice of the time, date, and place,

a summary of the subject matter to be discussed, and where appropriate, a property

description or map delimiting the area being considered, shall be published in the official

newspaper of the City. The Commission shall also make available a "notice" to other

papers, radio, and television stations serving the city for their use as a public service

announcement. Following the Commission hearing, if the Commission makes or requires

a material change from that published or presented, a further notice and hearing shall be

provided before the Commission forwards its recommendation to the City Council.

16. Property Owner Notification.

If the area under consideration by the Commission is being considered for initial zoning

(upon annexation to the City) or for a zoning change, the Commission shall, in addition

to the Public Hearing Notice set forth above, provide written notification (by mail) to all

property owners and residents having property or residing within the area being so

considered and also to all property owners and residents within 300 feet of the external

boundaries of the land being so considered; also, any additional area that may be

impacted by the proposed change as such area may be determined by the Commission.

When such notice is required to 200 or more property owners or residents, alternative

forms of notification (in lieu of mailed notice) which will still provide adequate notice to

said property owners or residents may be specified and utilized by the Commission.


This notification shall include a brief summary of the subject matter to be discussed, a

map showing the area being considered if such is deemed necessary by the Commission,

and the time, date, and place of said meeting. This notification shall be mailed, or

otherwise brought to the above-referenced property owners' and residents' attention, at

least 10 days prior to the Commission meeting. The Commission's failure to provide

each individual property owner or resident with such individual notification shall not

invalidate the Commission's action, provided the spirit of the procedure has been

observed and followed.


(a) Hearing by Commission. Within a reasonable time following the receipt of the

Technical Committee's recommendation and within the time frame required for

the required Public Hearing and Property Owner Notification as set forth above,

the Commission shall review the Final Plat, the report from the Technical

Committee, comments from concerned persons and agencies and the report from

the Commission to arrive at a decision on the Final Plat.

(b) Commission's Findings. In determining the acceptance of the Final Plat of a

proposed subdivision, the Commission shall consider at least the following:

(1) The conformance of the subdivision with the Comprehensive Development

Plan;

(2) The conformance of the subdivision with the requirements of this Subdivision

Ordinance;

(3) The availability of public services to accommodate the proposed

development; and

(4) Any other health, safety or environmental problems that may be brought to the

Commission's attention.

(c) Action on Final Plat. The Commission may approve, approve conditionally,

disapprove, or table the Final Plat for additional information. Such action shall

occur within 30 days of the date of the regular meeting at which the Plat is first

considered by the Commission. The action, and the reasons for such action shall

be stated in writing, by the Commission, and forwarded to the Subdivider. Upon

reaching a final decision to approve or disapprove a Final Plat, the Commission

shall specify:

(1) The Ordinances, Standards, and Criteria used in evaluating the application;


(2) The reasons for approval or disapproval; and

(3) The recommended actions, if any, that the Subdivider could subsequently take

to obtain approval of the Final Plat.

The above action and information shall be stated in writing, by the Commission, and

forwarded to the Subdivider. The Commission shall also forward a statement of the

action taken and the reasons for such action, together with a copy of the Final Plat to the

Mayor and City Council for their information and action if such is required.

18. Appeals.

Any person or aggrieved party who appeared in person or who submitted written

testimony before the Commission, or the Subdivider himself, may appeal, in writing, the

decision of the Commission relative to the final action taken by said Commission. Such

appeal must be submitted to the City Council (via the Commission) within 20 days from

the date of said Commission's final action. Upon receipt of any appeal regarding the

action of the Commission, the City Council shall thereupon establish a hearing date to

consider all information, testimony and the minutes of the Commission's Meeting to

reach a decision to uphold, conditionally uphold, or override the decision of said

Commission. The City Council can only overrule the Commission's action by a

favorable vote of one-half (1/2) plus one (1) of the full City Council.

If the subject property (subject of the Appeal) is scheduled to come before the City

Council for Final Plat approval, annexation to the City, etc. then the above-referenced

"Appeal" and all related information shall be heard and presented to the City Council at

said regularly scheduled hearing or meeting. Provided, however, that Council Action on

an "Appeal" must take place within ninety (90) days from the date on which the

Commission, on behalf of the Mayor and/or Council, received said "Appeal".

19. Approval Period.

The Commission's Approval of the Final Plat shall be valid for only a period of one (1)

year from the date of said Commission's Approval, unless an extension of time is applied

for by the Subdivider and granted by the Commission.

20. City Council Action.

(a) Public Hearing Notice and Property Owner Notification. The requirements

governing the need for a Notice of Public Hearing and Property Owner

Notification as such are set forth in Article IX of this Ordinance


for the Commission (and Sections 67-6507, 67-6511, 67-6525, and 50-901, Idaho

Code)shall apply to all comparable Council Meetings, Hearings, and Actions.

(b) Appeals and/or Disapproval. If an Appeal is brought before the City Council as

set forth above and, after hearing all evidence and testimony associated therewith,

the Council does not agree with the action taken by the Commission on said Final

Plat, or if it, of its own volition, does not agree with the action taken by the

Commission on the Final Plat or if it does not agree with certain aspects or the

entirety of said Final Plat, then the City Council may be a favorable vote of one-

half (1/2) plus one (1) of the full City Council, remand said Final Plat back to the

Commission for further consideration or it may disapprove and reject said Final

Plat.

(c) City Approval. The Final Plat will be brought before the City Council for its final

review and approval only upon a finding by the Commission that all of the

following are complete, available, and/or have been complied with:

(1) Final Plat complete and approved by the Commission (or by the Council, if

the Council has over-ruled a disapproval of the Commission) the City

Surveyor, and the City Engineer;

(2) The Subdivision Improvement Drawings complete and approved by the City

Engineer;

(3) Annexation Agreement or Development Agreement complete and approved

by City Engineer and City Attorney;

(4) Performance Bond (including cost estimate of all improvements) complete

and approved by the City Engineer and City Attorney; and

(5) Notice of Public Hearing advertised and Property Owner Notifications written

or otherwise properly taken care of as required by this Ordinance and Sections

67-6509, 67-6511, and 67-6525, Idaho Code.

At a duly-called regular or special meeting following receipt of the above-

listed information and items from the Commission, and after hearing the

Commission's Report, reports from any concerned City Personnel, the

Subdivider's comments, and comments or information from any other

concerned persons or agencies, the Council may approve, approve

conditionally, disapprove, or table any action on the Final Plat and other

related documents for further information, study, and consideration; however,

final Council action on said Final Plat and related documents shall take place

within 40 days of the date of that meeting at which the Final Plat was first

considered. Upon approving or disapproving the Final Plat, the Council shall

specify:


(a) The Ordinance and Standards used in evaluating the application;

(b) The reasons for approval or disapproval; and

(c) The actions, if any, that the Subdivider could take to obtain approval of

said Plat.

21. Filing of Final Plat and Related Documents.

Upon approval of the Final Plat and related documents by the Council, the Subdivider

Surveyor or Engineer shall see that the same are all properly signed by the Mayor and

City Clerk, and the District Health Department or as required and shall, thereupon, take

same to the County Recorder for recording. The original and all copies of the Final Plat

shall receive the County Recorder's attestation of recording and shall be re-distributed as

needed. 22. Annexation and Zoning Ordinances.

Concurrently with or immediately following the approval of the Final Plat and the

Adoption of an Ordinance of Annexation, the Council shall amend the Zoning Ordinance

as such action may be required.

SECTION 5. DESIGN AND CONSTRUCTION STANDARDS

A. Minimum Design and Construction Standards Required.

All Final Plats and Subdivision Improvement Drawings submitted pursuant to the

provisions of this Ordinance, and all subdivision improvements and facilities done,

constructed or made in accordance with said Plat, Subdivision Improvement Drawings

and these provisions shall comply with the minimum design standards set forth

hereinafter in this Ordinance and in the Water, Sanitary Sewer, Storm Drain, and other

related city ordinances and shall be in accordance with the City's Standard Specifications

and Standard Drawings governing the construction of all street waterlines, sanitary

sewers, and storm drain facilities. Provided, however, that where there is any conflict

between these Standards and Requirements and any higher standards required by the

County, Idaho Division of Highways, Idaho Department of Health and Welfare, District 6

Health Department, or other such governmental agency then said higher standard

requirements shall prevail over those set forth herein. It is further recognized that the

standards and requirements set forth herein are only very general in nature and that

further, more specific and more detailed standards, requirements, procedures, and policies

may be adopted by the Council, and/or established by the City Engineer and that such

subsequent standards, requirements, procedures, and policies shall be followed and

complied with provided that they reflect the general intent of this Ordinance and do not


allow items, facilities, or features of a lessor quality or standard than those established

and set forth herein.

B. General Street Location, Arrangement, and Miscellaneous Items.

General street location and arrangement shall conform to the following:

1. Official Street Plan. All arterial and collector streets shall conform to the Official

Street Plan or Comprehensive Development Plan.

2. Minor Street. Shall be so arranged as to discourage their use by through traffic.

The rigid rectangular gridiron street pattern need not be adhered to and the use of

curvilinear streets, cul-de-sacs, or U-shaped streets is encouraged where such use

will result in a more desirable layout.

3. Stub Streets. Where adjoining areas are not yet subdivided, the arrangement of

streets are extended to the boundary line of said subdivision to make provisions

for the future extension of said streets into adjacent future subdivisions. A

reserve strip may be required and held in public ownership. If the "stub street" is

more than 200 feet long then a temporary cul-de-sac or turn-around area may be

required on the end thereof. The temporary turn-around may be either "T" shaped

or a normal cul-de-sac shape. The normal street right-of-way shall be extended to

the boundary line of the subdivision with a note on the Plat that the right-of-way

or easement area required for the temporary turn-around shall revert to the

adjacent property owners whenever the street is ultimately extended. The

Subdivider shall be financially responsible for both the temporary turn-around and

the permanent street improvements to the subdivision boundary.

4. Relation to Topography. Streets shall be arranged in proper relation to

topography so as to result in usable lots, safe streets and acceptable street and

driveway grades.

5. Alleys. Alleys shall be provided in multiple dwelling or commercial subdivisions

unless other provisions are made for service access and off-street loading and

parking and garbage collection. Dead-end alleys shall be prohibited in all cases.

6. Access to Major Arterials. Where a subdivision borders on or contains an

existing or proposed major County Line Road or other designated Arterial, access

thereto shall, wherever possible, be limited by one (1) of the following means:

(a) The subdivision shall be platted so the lots back onto the arterial and front

onto a local street; no access shall be provided from the arterial and screening

shall be provided along the rear property line of such lots.


(b) A series of cul-de-sacs, U-shaped streets, or short loops entered from and

designed generally at right angles to such a parallel street, with the rear lines

of their terminal lots backing onto the major arterial. No access shall be

provided from or to the arterial and screening shall be provided along the rear

property line of such lots.

(c) A marginal access or service road (separated from the arterial, by a grass strip

and having access thereto at designated suitable points).

(d) Whenever individual property access is provided or allowed to any major

arterial street, section line road, or other designated arterial street, the

minimum building set-back line for any building being constructed adjacent

thereto shall be 65 feet from the proposed street right-of-way line. The

driveway(s) to and from said building and the off-street parking facilities

associated therewith shall be so arranged and located that all vehicles shall

both enter from the exit onto said arterial street in a forward direction.

7. Cul-de-sac Streets. Cul-de-sac streets shall not be more than 400 feet in length

and shall terminate with an adequate turn-around having a minimum curb

diameter of

88 feet back-of-curb to back-of-curb and a street property line diameter of at least

100 feet. Other special turn-around layouts or arrangements may be allowed with

the approval of the City Engineer and City Council provided said other layouts or

arrangements provide for turn-around capabilities at least equal to that of the

referenced 100 foot diameter cul-de-sac.

8. Half or Partial Streets. Half or partial streets shall be prohibited except where

unusual circumstances make such partial streets necessary for the reasonable

development of a tract in conformance with this Ordinance and where satisfactory

assurance for dedication of the remaining part of the street is provided. Whenever

a tract to be subdivided borders on an existing half or partial street, the other part

of the street shall be dedicated with the subdivision and development of said tract.

9. Private Streets. Private streets and roads shall be prohibited except within Planned

Unit Developments and other similar type developments where continued street

maintenance, snow plowing, etc. can be assured by said private development

organization. Private streets shall be designed and constructed to basically the

same standards and requirements as those established for public streets.

10. Arrangement. Street and alley arrangements must be such as to cause no undue

hardship to owners of adjoining property when they plat their land and seek to

provide for convenient access thereto. The street and alley arrangement must also

provide for the continuation of a reasonable number of utility lines. All streets

shall be laid out and aligned so they are properly related to traffic generators; to

population densities; and to the existing and planned land use patterns. All streets

shall be integrated with the existing and proposed transportation network. The

alignment and width of previously platted and developed streets shall be


continued except where physical conditions or new requirements make a

modification advisable.

11. Streets in Industrial and Commercial Areas. In commercial and industrial

developments, the streets and other access ways shall be planned in connection

with the grouping of buildings, location of rail facilities, and the provision of

alleys, truck loading and maneuvering areas, walks and parking areas so as to

minimize conflict of movement between the various types of traffic including

pedestrian.

12. Traffic Control. The Subdivider shall provide traffic signals, channelization and

land additions when the traffic generation from his development is sufficient to

warrant said improvements within a five (5) year period, all in accordance with

the standards of the Manual on Uniform Traffic Control Devices for Streets and

Highways.

13. Prohibition of Signs. Only authorized and official signs shall be permitted to be

placed, displayed or maintained within the right-of-way of any public street or

alley.

14. Prohibition of Mailboxes. Mailboxes shall be "grouped" or "clustered" at

convenient intervals and locations outside of the public street or alley right-of-

ways. "Mailbox clusters" shall be located far enough from street intersections so

that the traffic to and from said mailbox clusters doesn't create a traffic hazard at

adjacent intersections.

C. Street Right-of Way Widths.

Street right-of-way widths shall conform to the adopted Major Street Plan or

Comprehensive Development Plan, the rules of the Idaho Division of Highways, the

following minimum right-of-way standards, and the approved right-of-way widths shown

on the Subdivision Improvement Drawings.

Highway and street widths are specified in Article VI of this Ordinance.

Street widths may be increased as required at Intersections to provide the additional lane

widths and lengths needed at said intersections.

A street with a 50 foot right-of-way width is permissible only in single family residential

zones where no more than 20 lots are to be served on a cul-de-sac street or where no more

than 40 lots are to be served on a loop street. A tract with a 60 foot right-of-way width is

required for all other residential or other type zones; for all streets adjacent to institutional

uses (churches, schools, public and quasi-public buildings) in any zone; and for all streets

where the criteria outlined above for 50 foot streets is not met. Streets serving any

commercial or industrial zoned area where large volumes of vehicular traffic and/or large

numbers of trucks are to be expected shall have a 70 foot right-of-way width. Collector


streets having at least a 60 foot or 70 foot right-of-way width as set forth above and a

reasonably straight alignment shall be provided approximately every one-quarter mile.

The alignment of these collector streets and the adjacent streets feeding into them shall be

such that the collector street(s) collect the traffic from the adjacent local streets and carry

it expeditiously to the adjacent arterials.

Collector streets may function with two (2) lanes of vehicular traffic and "on-street"

vehicle parking or with four (4) lanes of traffic and no "on-street" vehicular parking,

depending upon the size of the area served and the amount of traffic generated within the

area being served by the collector.

D. Street curbed or Paved Widths.

Minimum width of street measured from back-of-curb to back-of-curb or edge-of-oil

shall be shown on the approved Typical Section Sheets on file in the City Engineer's

Office and/or as shown on the approved Subdivision Improvements Drawings. In

general, these widths are specified in Article VI of this Ordinance.

E. Street Grades.

Streets shall be constructed with a minimum street grade of at least 0.40% on straight or

gently curved sections of street. On sharp curves (R=100' or less) and around intersection

corners the minimum allowable street grade shall be 0.60%. Street cross-drains (valley

gutters shall have a minimum grade of at least 1.0%. Maximum street grades shall not

exceed 10% for local or minor streets; 6% for collector or secondary streets, and 4% for

arterial streets. Where existing facilities, rock excavation, or other truly unusual features

or circumstances are encountered, grades flatter or steeper than those listed above may be

used if the City Engineer finds that the use of such flatter or steeper grades is the best

way of resolving the problems associated with said unusual and unique circumstances or

conditions.

F. Street Alignment and Curvature.

1. Horizontal Alignment. When street centerlines deflect from each other by more

than five (5) degrees in alignment, the centerlines shall be connected by a curve

having a minimum radius of 2865 feet for a major arterial, 1145 feet for any

arterial street, 475 feet for collector or secondary streets, and 80 feet for local or

minor streets. Between reverse curves on collector and arterial streets there shall

be a minimum tangent distance of at least 200 feet.

2. Vertical Alignment. Minimum stopping sight distances shall be 200 feet for

minor streets and designed in accordance with a design speed of 30 miles per hour

for collector streets and 35 miles per hour for arterial streets.


G. Street Ballast Depths.

Street ballast depths (i.e. compacted depths of plantmix pavement and crushed gravel) for

normal subgrade conditions and soils shall be as follows:

Low traffic volume residential streets . . . . . . . . 2" plantmix and

6" crushed gravel

High volume residential collector streets . . . . . . 3" plantmix and

6" crushed gravel

Low volume commercial or industrial streets . . . 3" plantmix and

6" crushed gravel

High volume commercial or industrial streets . . . 3 1/2" plantmix and

8" crushed gravel

Arterial streets . . . . . . . . . . . . . . . . . . . . . . . . . . . 4" plantmix and

10" crushed gravel

Where unusually good and poor subgrade soils are encountered or where exceptionally

high or low traffic volumes are anticipated or projected, the above-listed ballast depths

may be changed as approved or required by the City Engineer. Any such ballast depth

changes shall be based upon documented test results showing the actual strength ("R"

value and other required test data) of the on-site subgrade soils and/or the calculated

traffic volumes for the street.

The final approved ballast depths shall be those shown on the Subdivision Improvement

Plans.

H. Street Names.

The naming of streets shall conform to the following:

1. Street names shall not duplicate any existing street name within the County except

where a new street is a continuation of an existing street; street names that may be

spelled differently but sound the same as existing streets shall not be used; and

2. All new streets shall be named as follows: streets having predominantly north-

south direction shall be named "Avenue" or "Road"; streets having a

predominantly east-west direction shall be named "Street" or "Way"; meandering

streets shall be named "Drive" or "Lane", "Path" or "Trail"; and cul-de-sacs shall

be named "Circle", "Court", and "Place".


3. Street name signs shall be furnished and installed by the Subdivider in accordance

with City specifications. The Subdivider may name streets subject to approval of

the City Council.

4. All other types of signs and barricades required in the subdivision shall also be

furnished and installed by the Subdivider in accordance with City Specifications

and the Manual on Uniform Traffic Control Devices.

I. Intersections.

Intersections shall conform to the following:

1. Angle of Intersection. Streets shall intersect at 90 degrees or as closely thereto as

possible and in no case, shall streets intersect at less than 75 degrees unless said

lesser angle of intersection has been approved by the City Engineer as being the

best way to handle or solve a unique situation or set of circumstances.

2. Sight Triangles. Minimum clear sight distance at all minor street intersections

shall permit vehicles to be visible to the driver of another vehicle when each is

100 feet from the center of the intersection.

3. Number of Streets. No more than two (2) streets shall cross at any one (1)

intersection.

4. "T" Intersections. "T" intersections may be used whenever such design will not

restrict the free movement of traffic.

5. Street Centerline Offsets. Street centerlines shall be offset by a distance of at

least the following:

Street to Offset Along a: Minimum Desirable

Minor Street

125'

160'

Collector Street

300'

400'

Arterial Street

400'

600'

Major Arterial Street Approximately 1320', but requires

City Engineer's approval.

6. Vertical Alignment of Intersection. A relatively flat grade is desirable within

intersections and approximately 100 feet each way from the intersection. A

maximum intersection approach grade of 2% is allowable in rolling terrain, and

4% in hilly terrain.


7. Curbs at Street Intersections. Curbs at street intersections shall be rounded with

curves having a minimum radius of 25 feet or such larger radius as is shown on

the Subdivision Improvement Drawings. The curb and sidewalk shall be

depressed at all intersection corners to accommodate the handicapped.

J. Sidewalks.

Sidewalks shall be a minimum of five (5) feet in width and may be required to be of a

greater width in areas near shopping centers, schools, or where pedestrian traffic may

otherwise warrant a greater width. Sidewalk cross slope, thickness and the construction

thereof shall be as required in the City Standard Specifications and Standard Drawings.

Concrete sidewalks for pedestrian walkways through easements at mid-block, cul-de-

sacs or other approved or required locations shall be not less than six (6) feet in width,

and shall be required where deemed essential to provide circulation or access to schools,

playgrounds, shopping areas, transportation, or any other community facility.

K. Driveway Approaches.

1. Driveway Widths. Residential driveways shall have a minimum width of 16 feet

and a maximum width of 40 feet. All other driveways (multi-family, commercial,

industrial, etc.) shall have a minimum width of 25 feet and a maximum width of

40 feet.

No more than one-half (1/2) of the property frontage along any street can be

utilized for driveway purposes along that street. The above stated driveway

widths indicate the "fully-depressed" portion of the driveway. That is, the tapered

or transition sections (from full-height-curb to depressed curb) on both sides of

the driveway widths.

Where individual private driveways are permitted along arterial streets, said

driveway approaches shall be limited to the fewest number possible to provide

access to the adjacent property.

2. Concrete Thickness. Driveways to "single family residences" shall have a

concrete thickness of not less than four (4) inches and need not be reinforced with

reinforcing steel. Driveways to all buildings or establishments other than "single

family residences" shall have a concrete thickness of not less than six (6) inches

and shall be reinforced with reinforcing steel. Driveway layout, concrete depths,

amount of reinforcing steel, etc. shall be in accordance with the Standard

Drawings.

3. Concrete Driveway Slab Required. All driveway approaches shall have a

concrete driveway slab at least five (5) feet wide (perpendicular to the curbline)


for the full length of and immediately adjacent to the depressed driveway curb

and gutter (even when concrete sidewalk is not required in an area) to protect said

depressed curb and gutter from tilting, damage, and distortion due to vehicular

traffic using the driveway. Asphalt paving, gravel, dirt, or other such driveway

material is not permitted immediately adjacent to the concrete curb and gutter.

4. Prohibited Locations. Driveways shall not be located on a corner radius or so

near thereto as to constitute a traffic hazard. Where any street corner right-of-way

lines have not been rounded-off by a connection radius line, the edge of any

proposed driveway shall be kept at least 25 feet back from the apex of the corner

formed by said right-of-way lines so that the driveway will not be located within

the corner area when said corner is rounded-off. The edge of any driveway shall

be kept at least five (5) feet from any property line. Private driveways shall be

prohibited on all "controlled access" streets as such are designated by the Council

and shall be kept to an absolute minimum on all arterial streets.

5. In Utility or Landscaping Strips. Where utility or landscaping (trees, plantings,

lawn, etc.) strips are located between the curb and gutter and the adjacent

sidewalk, the concrete driveway slab shall be constructed across same at each

driveway location, where the utility or landscaping strip is less than six (6) feet in

width, the driveway (and sidewalk) shall be uniformly sloped from the back-of-

curb to the back of sidewalk.

6. Standard Specifications and Drawings. All driveway construction shall be done

in accordance with the City's Standard Specifications and Standard Drawings. All

driveways must be approved by the City Engineer or Street Superintendent before

any work is started.

7. Breaking-off Curb Prohibited. "Breaking-off" the top of the curb down to the

gutter flowline to construct the depressed driveway section is not permitted. If the

curb was not "depressed" for the driveway during the original construction of the

curb and gutter, then the entire curb and gutter section(s) shall be completely

removed and then replaced with new concrete curb and gutter having the

appropriate and required depressed section and transition or tapered sections.

8. Variances. Where, due to unusual or unique circumstances, any of the above

requirements impose an undue hardship upon any particular property, the owner

of same may request the City Engineer to review the circumstances and situation

associated with said hardship and the City Engineer is herewith granted authority

to allow such variances to the above listed driveway requirements as he feels is

equitable.

L. Vehicle Parking.

All vehicle parking requirements shall be totally met or satisfied by the provision of "off-

street" parking spaces (i.e. parking spaces provided on the private property whereon any


new, or existing residence, building, etc. is constructed or situated). "On-street" vehicle

parking where such is allowed, shall be utilized only for temporary, transient, or other

such short-time parking needs.

All driveways and the "off-street" parking facilities associated therewith shall be arranged

in such manner that all vehicles shall both enter from and exit onto the adjacent street in a

forward direction.

The only exception to the above is that single-family residences located along minor

streets or low-volume collector streets may have driveways and "off-street" parking

spaces that are so-located and arranged that they safely provide for but still allow

"backing-out" into the street from said driveways and parking spaces.

M. Alleys.

Alleys may be required along the rear lot lines of multi-family and commercial property,

and along the rear of all lots fronting on arterial streets. The minimum width of any

dedicated alley shall be 16 feet with a 20 foot side alley required in any commercial

areas. Alley intersections and sharp changes of alley alignment shall be avoided, but

where necessary, corners shall be cut off or rounded sufficiently to permit safe

convenient vehicular movement. The minimum radius of curvature on the inside edge of

the alley right-of-way line shall be 50 feet. All alleys shall be constructed in accordance

with the typical cross-section and ballast depths shown on the Subdivision Improvement

Drawings or the City's Standard Drawings.

N. Easements.

Where easements are deemed necessary for poles, wires, conduits, storm or sanitary

sewer lines, gas lines, water lines, fill or cut slopes, etc. the following minimum easement

widths shall be required along each of the so-indicated lot lines.

Rear lot lines . . . . . . . . . . . . . 10 feet

Side lot lines . . . . . . . . . . . . . 8 feet

Front lot lines. . . . . . . . . . . . . 10 feet

Easements of greater width may be required along such lot lines, right-of-way lines, etc.

as are deemed necessary by the City Engineer for such items as surface drainage ditches

or facilities, major trunk line (water, sanitary sewer, etc.) facilities, high fill or cut slopes,

etc.

Easements providing "access" to facilities may also be required even though the facilities

themselves may not actually be located in said "access" easements.

When a subdivision is traversed by a waterway, intermittent stream or drainage right-of-

way conforming substantially with the lines of the same, and such easement shall include

an additional area at least 15 feet in width adjoining one (1) edge of any waterway,


drainage way, or intermittent stream that measures 20 feet or less from bank to bank.

Where the distance from bank to bank is more than 20 feet such easement shall include

an additional area at least 15 feet in width adjoining both edges of the waterway or intermittent stream. Where ditch drainage is used in lieu of storm sewers, as such may be permitted herein, the easement shall be of sufficient width to allow future construction of a storm sewer main adequate to carry the ultimate runoff of the watershed. Such easement shall be not less than 20 feet in width. The 15 feet working area adjoining a stream shall be continuous through the subdivision and adjoin existing easements. The area of any public way immediately adjacent to the waterway or intermittent stream may be taken into consideration in providing said 15 foot working area.

All easements shall be kept unobstructed by any permanent features or facilities (houses,

sheds, trees, fireplaces, etc.). Temporary features or facilities (fences, bushes, flower

beds, gardens, etc.) shall be removed by their owner when the City or utility Company

(who has facilities within an easement or needs access through an "access" easement)

requires that said temporary features or facilities be removed. If the owner does not

remove said features or facilities, or if an "emergency" situation arises whereby it is

necessary that the City or utility company gain immediate access to or through said

easement, then the City or utility Company needing access to or through said easement,

may remove all temporary (or permanent) features and facilities encountered therein as it

deems such removal to be necessary to accommodate its entry for any maintenance,

surveillance, construction or other such activities as may be required.

O. Blocks.

1. The length, widths, and shapes of blocks shall be such that they provide:

(a) Lot sizes and dimensions meeting the applicable zoning requirements;

(b) Adequate building sites for the type of use contemplated;

(c) Convenient access, circulation, control and safety for vehicular and pedestrian

traffic; and

(d) Adequate consideration of both the limitations and opportunities of the site

topography, soils, and drainage.

2. Block lengths shall generally not be longer than 1100 feet nor shorter than 400

feet. Exceptions to the above may be allowed or required when topography,

property shape, access control along arterial streets or other unique circumstances

indicate that shorter or longer block lengths will provide a better overall

subdivision layout.

3. Where blocks are 900 feet or more in length, mid-block pedestrian walkways

connecting adjoining streets shall be provided. Pedestrian walkways connecting


adjoining streets shall be provided. Pedestrian walkways may also be required in

shorter blocks or at other than mid-block locations (such as pedestrian walkways

connecting cul-de-sacs to adjacent streets) whenever and wherever such are

deemed essential to provide circulation or access to schools, playgrounds,

churches, shopping areas, transportation facilities, or any other community

facilities.

P. Lots.

1. All lots shown on the subdivision plat must conform to the minimum

requirements of the appropriate zoning regulations.

2. Side lot lines shall be approximately at right angles or radial to the street right-of-

way lines unless a variation therefrom will give a better street and lot

arrangement.

3. All corner lots shall have a minimum radius of 20 feet on the property lines

comprising the adjacent street right-of-way lines.

4. All remnants of lots below minimum size that are left over after the subdivision of

a larger tract must be added to adjacent lots rather than be allowed to remain as

unusable parcels.

5. Where individual septic tanks have been authorized, sufficient area shall be

provided for a replacement sewage disposal system.

6. All lots shall front on a usable street and shall be provided with access from said

street.

7. Lot frontage shall be large enough to provide for the anticipated building width

plus the side yard set-back requirements. It shall also provide enough street

frontage so that no more than one-half (1/2) the lot frontage is utilized for

driveway approach purposes.

8. The depth and width of lots utilized for business, commercial, or industrial

purposes shall adequately provide for the off-street parking and the loading and

unloading facilities and space required for the type of use or development

contemplated and/or as required by the Zoning Ordinance.

9. Double-frontage or reverse frontage lots shall be utilized only when required to

overcome specific disadvantages of shape, topography, orientation, and/or street

access control. Residential lots adjoining an expressway, major arterial, railroad,

sewage treatment facilities, sanitary landfill, or land zoned for business or

industrial use, shall have a lot depth great enough to provide at least a 10 feet

wide landscaping or planting screen or strip adjacent to such development or


features. Such landscaping or planting strips shall be owned and maintained by

the property owner.

10. Lots Abutting Pedestrian Walkways. A minimum side yard setback

restriction of 10 feet shall be required for all residential lots abutting mid-block or

other such pedestrian walkways.

11. Lots Affected by Surface Waters. If any portion of a lot falls within the

boundaries of a flood plain, or if a lot is traversed by an intermittent stream or

other such waterway, then that portion of said lot being utilized as a flood channel

plain, stream, canal, etc. shall be excluded from the buildable area of said lot.

When this situation results in the separation of the buildable area of a lot from the

road by which it has access, provisions shall be made for the installation of a

culvert or other structure of a design approved by the entity having jurisdiction of

or control over said waterway.

Q. Reserve Strips.

Privately held reserve strips controlling access to streets shall be prohibited. Public

reserve strips having a width of one (1) foot or more may be required along partial width

streets within a subdivision to control future access to said partial street. When such

reserve strips are required they shall be deeded to the City in fee simple for future street

widening purposes.

R. Delivery of Irrigation Water.

When a subdivision is proposed and all or any part of said subdivision is located within

the boundaries of an existing irrigation district or other canal company, ditch association,

or life irrigation water delivery entity, hereinafter called "Irrigation Entity" for the

purposes of this section, no subdivision plat will be accepted, approved, and recorded

unless:

1. The water rights appurtenant to the lands in said subdivision which are within the

Irrigation Entity will be transferred from said lands by the owner thereof; or

2. The Subdivider has provided for an underground pipe system or a combination

underground piping and open ditch system to permit the delivery of water to those

landowners within the subdivision who are also within the Irrigation Entity with

the following appropriate approvals:

(a) For proposed subdivisions within the incorporated limits of a City, the

irrigation system must be approved by the City Planning Commission, City

Engineer, and the City Council with the advice of the irrigation Entity charged

with the delivery of water to said lands.


(b) For proposed subdivisions located outside incorporated Cities but within one

(1) mile outside the incorporated limits of any City, both City and County

Zoning Authorities, City and County Engineers, and City Council and County

Commissions must approve such irrigation system in accordance with Section 40-1306, Idaho Code. In addition, the Irrigation Entity charged with the delivery of water to said lands must be advised regarding the irrigation system.

3. In the event that the provisions of either Subsections or (2) of this Section have

not been complied with, the assessments of the Irrigation Entity for operation,

maintenance, construction, and other valid charges permitted by statute shall in no

way be affected. However, any person, firm or corporation or any other person

offering such lots for sale, or selling such lot shall, prior to the sale, advise the

purchaser in writing as follows:

(a) That water deliveries have not been provided; and

(b) That the purchaser of the lot must remain subject to all assessments levied by

the Irrigation Entity; and

(c) That the individual purchaser shall be responsible to pay such legal

assessments; and

(d) That the assessments are a lien on the land within the irrigation entity; and

(e) That the purchaser may at a future date petition the appropriate Irrigation

Entity for exclusion from the irrigation district.

4. A disclosure statement executed by the purchasers duly acknowledged, containing

the representations required in subsection (c) of this Section, shall be obtained by

the seller at the time of receipt of the earnest money from the purchaser, and

affixed to the proposed sales contract and a copy thereof shall be forwarded to the

appropriate irrigation Entity. (Idaho Code 31-3805)

5. The Subdivider or his Engineer, shall be responsible for seeing that all of the

above-listed actions, approvals, requirements, etc., are taken, secured, and

fulfilled, and shall provide written verification of same.

S. Irrigation Facilities.

All irrigation ditches, turnout gates and control facilities, etc. shall be located or relocated

outside of the rights-of-way of any irrigation pipe that is located within any public rights-

of-way shall be constructed or reconstructed in such manner and with such materials that

said irrigation pipe line meets all of the requirements for City Sanitary Sewer or Storm

Drain Lines an all applicable Standard Specifications and Drawings covering same.


The Irrigation Entity charged with the delivery of irrigation water to through or utilizing

the above-referenced system of relocated and reconstructed ditches, turn-out gates and

control facilities, underground pipes, etc. must be kept advised of any changes regarding

the same.

The Subdivider, or his Engineer, shall be responsible for securing the Irrigation Entity's

approval of said relocated and reconstructed irrigation system and shall provide written

verification of same.

SECTION 6. SUBDIVISION IMPROVEMENTS REQUIRED

A. Subdivision Improvement Plans.

The Subdivider of every proposed subdivision shall be responsible for having a complete

set of Subdivision Improvement Plans prepared for his subdivision. All Subdivision

Improvement Plans must be designed, signed, and sealed by a Registered Professional

Engineer licensed in the State of Idaho. The Subdivision Improvement Plans shall be on

linen or mylar (3 mil or thicker) sheets, 23" X 36" in size. Lines and lettering shall be in

heavy black pencil or black ink.

They shall clearly and completely show all street facilities (including right-of-way lines,

sidewalks, curb and gutter, crossdrains, dimensions, grades, widths, curve data, typical

street cross-sections, signs, barricades, etc.) both in plan and profile. They shall also

show the sizes and locations of all waterlines, sanitary sewer lines, storm drain lines,

irrigation lines (including all their various appurtenances such as valves, tees, crosses,

reducers, manholes, flow arrows, sanitary sewage or storm drainage lift stations, etc.)

both in plan and profile. Other utilities such as electricity, gas, telephone, cable T.V.,

power poles, telephone poles, any poles, etc., shall also be shown on said plans. Stations

and offset, distances, depths, elevations, etc., shall all be utilized as required to

adequately locate all survey control points, corners, street intersections, utilities and their

various appurtenances, etc. for design, construction, and "As Built" record on archival

purposes.

The Subdivision Improvement Plans shall be drawn at a scale of 1" = 10' or 1" = 20"

unless circumstances indicate that a different scale would be more suitable in which case

the City Engineer's approval of said different scale must be secured.

The Subdivision Improvement Plans shall be in general conformity with the approved

Preliminary Plat, Preliminary Engineering Drawing and the Final Plat.

Lettering size, line width, symbology, etc., used on the Subdivision Improvement Plans

shall all be as approved by the City Engineer.

Lettering shall be readable from the bottom of the sheet or from the right-hand side of the

sheet.


All Subdivision Improvement Plans must be reviewed by and have

the City Engineer's approval written thereon.

B. Required Public Improvements.

Every Subdivider or owner shall be required to install at least the following listed public

improvements. All such improvements shall be installed in accordance with the

applicable City Standard Specifications and Standard Drawings governing and depicting

the type of construction associated therewith. All such construction work and facilities

shall also be constructed and installed in accordance with the requirement of this

Ordinance, the Water Ordinance, the Sanitary Sewer Ordinance, the storm Drainage

Ordinance, and in accordance with the approved Subdivision Improvement Plans and the

applicable Annexation of Development Agreement, as such are approved by the City

Council and the City Engineer.

1. Monuments. Monuments shall be required, located and installed in accordance

with the Standard Drawings, Subdivision Improvement Plans, and Section V of

this Ordinance.

2. Streets and Alleys. All streets and alleys shall be paved with an asphalt or

concrete surface constructed in accordance with the Subdivision Improvement

Plans, this Ordinance and the above referenced Standard Specifications and

Standard Drawings, etc.

3. Curbs and Gutters. Curb and gutter shall be constructed on all collector and

arterial streets. Curb and gutter shall be constructed on all minor streets except as

such may be exempted herein for "Large Lot Subdivisions".

4. Sidewalks and Pedestrian Ways. Sidewalks shall be required on both sides of all

minor streets except as such may be exempted herein for "Large Lot

Subdivisions". Sidewalks for pedestrian ways shall be required wherever they are

so shown on the Subdivision Improvement Plans or required by this Ordinance.

5. Driveways. Concrete driveways shall be constructed in zoning areas where curb

and gutter and sidewalks are required. They shall be constructed in accordance

with this Ordinance and the above referenced Standard Specifications and

Standard Drawings.

Rural-type paved driveways shall be required in those areas where curb and gutter

and sidewalk are not required. These rural-type driveways shall be constructed in

accordance with the applicable requirements of this Ordinance, the Subdivision

Improvement Plans, and City's Standard Drawings and specifications covering

same.

6. Bicycle Paths. Bicycle pathways may be required within subdivisions as part of

the public street or alley rights-of-way or easements where specified and required


on the Subdivision Improvement Plans or in the overall Bicycle Plan as such may

be adopted by the City Council.

7. Public Water System. All public water supply and distribution systems (serving

two (2) or more separate premises or households) shall be constructed in

accordance with the above referenced City Standard Specifications, Standard

Drawings, Water Ordinance, etc. All new public water systems shall be an

extension of the existing public water system whenever possible. In the event that

the proposed public water system is not an extension of the existing public water

system, there must be a showing by the Subdivider that the extension of said

public water system is not feasible and/or not in the best interest of the public.

The City will maintain and operate such a separate public or private water system

only under such circumstances and conditions as are set forth in the Annexation

or Development Agreement. All private water systems shall conform in all

respects to those Standards established for the City's public water system.

8. Public Sanitary Sewer System. All public sanitary sewer systems (serving two (2)

or more separate premises or households) shall be constructed in accordance with

the above-referenced City Standard Specifications, Standard Drawings, Sanitary

Sewer Ordinance, etc. All new public sanitary sewer systems shall be an

extension of the existing public sanitary sewer system whenever possible. In the

event that the proposed public sanitary sewer system is not an extension of the

existing public sanitary sewer system, there must be a showing by the Subdivider

that the extension of said public sanitary sewer system is not feasible and/or not in

the best interest of the public. The City will maintain and operate such a separate

public or private sanitary sewer system only under such circumstances and

conditions as are set forth in the Annexation or Development Agreement. All

private sanitary sewer systems shall conform in all respects to those Standards

established for the City's public sanitary sewer system.

9. Public Storm Drainage System. An adequate storm drainage system shall be

provided in all subdivisions. The requirements for each particular subdivision

shall be an established by the City Engineer or the City Council. The installation

and construction of said system shall be done in accordance with the above

referenced Standard Specifications, Standard Drawings, Ordinances, etc.

10. Fire Protection System. An adequate fire protection system and facilities shall be

required and provided in all subdivisions and all fire hydrants, fire hydrant

location and spacing, water main sizes, pump sizes, motor sizes, etc. shall be in

accordance with the City Water Ordinance and other such appropriate standards,

policies, and requirements as have been adopted by the City Council.

11. Maintenance and Operation of Public Water, Fire Protection, Sanitary Sewer,

Storm Drain, and Street Systems.


Where the City does not agree to provide the necessary maintenance and

operation of the public water, fire protection, sanitary sewer, storm drain and/or

street systems, the Subdivider shall be responsible for providing such services, and shall, as part of the requirements for the approval of said subdivision, provide for a perpetual method of maintenance and operation of said systems to ensure the continued usefulness and operation of same.

12. Utility Connections. All individual service connections for sanitary sewer,

domestic water, storm drainage, natural gas, electricity, telephone, cable T.V., etc.

shall be installed to a point at least 10 feet behind the street or alley right-of-way

(i.e. 10' into the adjacent lot) before the placement of any crushed gravel base or

other such new street surfacing is started. All such utility improvements shall be

installed in accordance with the City Standard Specification requirements and the

installation, backfill and compaction of the trenches for same must be inspected

and approved by the City Engineer.

13. Installation of Public Utilities. All utilities are encouraged to locate or install their

facilities underground and such "undergrounding" may be required subject to the

City Council's adopted policies and Ordinances.

14. Street Signs and Barricades. Street name signs, no parking signs, stop signs, yield

signs, etc., and barricades at the ends of dead-end streets or at other hazardous

location, shall all be installed at their appropriate locations (i.e. at street

intersections, at the ends of streets, etc.) in accordance with the Subdivision

Improvement Drawings, the manual on Uniform Traffic Control Devices and/or

in accordance with local standards and requirements. Whichever regulations or

requirements are the more restrictive or demanding are those which shall apply.

15. Street Lighting. Street lights may be required to be installed at intersections

throughout the subdivision. The Subdivider shall conform to the requirements of

the City and the public utility providing such lighting.

16. Green Belts. Green belts, landscaping, or screening may be required for the

protection of residential properties from adjacent arterial streets, waterways,

railroad rights-of-way, commercial or industrial areas, or other such incompatible

features. The subdivision plat shall show the location of any such green belt or

landscaping areas, and the Subdivision Improvement Plans shall show the types of

trees, bushes, plantings, watering or sprinkling systems, etc., to be installed therein. The Subdivider shall be responsible for the plantings within these green belt or landscaped areas and the property owner (on whose property said facilities are situated) shall be responsible for the continued maintenance and upkeep of said green belt, landscaping, or screening facilities.


C. "As Built" Drawings and Engineer's Certification Requirements.

"As Built" or "Record" drawings of all Subdivision Improvement Plans shall be prepared

by a Professional Engineer and the "corrected" original drawings or a duplicate mylar

copy of the "corrected" original drawings shall be provided to the City. "As Built" plans

shall include a "certification" thereon signed by the Registered, Professional Engineer in

charge of the work that the "As Built" drawing of the street facilities, waterline systems,

sewerline systems, storm drainage systems, etc. are all true and correct and that he (the

Registered, Professional Engineer) has inspected the construction of all such facilities and

that the materials and the installation of same was all done in conformance with the City

Standard Specifications and Standard Drawings governing the construction of same and

that such are also in conformance with the applicable Water Ordinance, Sewer

Ordinance, Storm Drainage Ordinance, etc. for such facilities.

D. City vs. Subdivider's or Property Owner's Responsibility for Waterlines.

The owner or developer of any piece of property or tract of land is responsible for the

construction of the waterline (or for the waterline costs) along any of the property sides

or frontages of the property along which a waterline is needed for the overall

completeness and continuity of the City's watermain system. If it is a large tract of land,

the owner or developer of said land shall also be responsible for the necessary and

required system of waterlines within the interior of the tract of land.

The owner or developer of any piece of property shall construct all needed waterlines (of

the approved size) within and along all sides or frontages of any piece of property prior to

the time any building constructed thereon is occupied or utilized unless "phased"

construction of the watermain system is specifically allowed or provided for in the

Annexation or Development Agreement. In lieu of actually constructing said required

waterline or waterlines, the property owner or developer may deposit adequate monies

with the City to fully cover the cost(s) of said required waterline construction.

The owner or developer of any property or subdivision will normally be responsible only

for the cost of up to an eight (8) inch diameter waterline. The additional cost of

providing a waterline of a diameter or size greater then eight (8) inches will normally be a

City responsibility. The City will reimburse the Developer for the extra cost of the

additional waterline size (over the eight (8) inch diameter size referenced above) as set

forth in the Annexation or Development Agreement between the Developer and the City.

Provided, however, that if proposed subdivision or development is of such size or

magnitude that it requires a watermain size larger than eight (8) inches in diameter, then

the owner or developer of said subdivision or development shall be responsible for the

entire cost of whatever size of watermain is required for said subdivision or development.

If the property owner or developer owns or is developing the property on only one side

(as compared to both sides) of any street, alley, or easement where a waterline is located

or required, he (or they shall be responsible for only one-half of the cost of said waterline

while the property owner(s) on the other side of said street, alley, or easement shall be

responsible for the other half of the cost of said waterline construction. However, in the


absence of any mutual agreement between the two (2) (or more) property owners, the

City will participate with the first owner or developer to the extent of paying for one-half

the cost of up to an eight (8) inch diameter waterline along or across said referenced

property frontage. The second (or other) property owner(s) will thereafter be responsible

for reimbursing the City for his (their) half of the costs of this waterline construction at

the time he or they (the other adjacent property owners or developers) begins to develop

or build upon his (their) property that is adjacent to the waterline installed by the first

property owner.

Provided further, however, that if the waterline construction is for an area or a

development that is out-side-of-the-city-limits or if the length of waterline construction in

which the City would be participating (as referred to above) exceeds 1,000 lineal feet, the

City may decline to participate in the cost of said waterline construction except to pay for

the extra cost differential between an eight (8) inch diameter line and the actual size of the line that the City designates shall be installed to meet its Master Plan requirements. When this situation or set of circumstances exist, the property owner or developer who first initiates or actually begins the development of his property, shall be responsible for "front-ending" the entire cost of the waterline construction and for actually constructing said waterline. The second (or other) property owner(s) will thereafter be responsible for reimbursing the first property owner for his (or their) share of the costs of the waterline construction along his (or their) frontage at the time he or they (the other adjacent property owners or developers) begin(s) to develop or build upon his (or their) property adjacent to the waterline installed by the first property owner. In the absence of any agreement between the first property owner or developer and the other adjacent property owners or developers covering the cost of said waterline(s), the referenced other adjacent property owners or developers shall pay to the City the amount of $6.00 per lineal foot (or such other amount as the City Council may hereinafter establish and adopt by Resolution) for the length of waterline across his (or their) frontage. The City, in turn, will reimburse this same amount to the first party, which reimbursement shall be deemed adequate and appropriate compensation for this (or their) share of the cost of said waterline.

E. City vs. Subdivider's or Property Owner's Responsibility for Sewerlines.

1. The owner or developer of any piece of property or tract of land is responsible for

the construction of the sewerline (or for the sewerline costs) along any of the

property sides or frontages of the property along which a sewerline is needed for

the overall completeness and continuity of the City's sewer main system. If it is a

large tract of land, the owner or developer shall also be responsible for the

necessary and required system of sewer lines within the interior of the tract of

land.

The owner or developer of any piece of property shall construct all needed

sewerlines (of approved size) within and along all sides or frontages of any piece

of property prior to the time any building constructed thereon is occupied or

utilized unless "phased" construction of the sewer main system is specifically


allowed or provided for in the Annexation or Development Agreement. In lieu of

actually constructing said required sewerline or sewerlines, the property owner or

developer may deposit adequate monies with the City to fully cover the cost(s) of

said required sewerline construction.

2. The owner or developer of any property or subdivision will normally be

responsible only for the cost of up to an eight (8) inch diameter sanitary

sewerline.

The additional cost of providing a sanitary sewerline of a size greater than eight

(8) inches will normally be a City responsibility. The City will reimburse the

developer for the extra cost of the additional sanitary sewerline size (over the 8

inch diameter size referenced above) as set forth in the Annexation or

Development Agreement between the developer and the City. Provided further,

however, that if any proposed subdivision or development is of such size or

magnitude that it requires or necessitates a sewer size larger than an eight (8) inch

diameter line or if the type of development is such as to produce a waste water

flow in excess of the capacity of an eight (8) inch diameter sewerline, then the

owner or developer of said subdivision or development shall be responsible for

the entire cost of whatever size sewerline is needed to accommodate his

development.

The additional cost of providing any extra sewerline depth required by the City

(over and above that sewerline depth required to adequately serve the owner or

developer's property when assuming at least a 12 foot sewerline depth at the upper

most end of the sewerline extended through or along said property) will be a City

responsibility and the City will reimburse the owner or developer for the cost of

said extra depth of sewerline as agreed upon and as set forth in the Annexation or

Development Agreement between the developer and the City.

3. If the property owner or developer owns or is developing the property on only one

(1) side (as compared to both sides) of any street, alley, or easement where a

sewerline is located or required, he (or they) shall be responsible for only one-half

of the cost of said sewerline while the property owner on the other side of said

street, alley, or easement shall be responsible for the other half of the cost of said

sewerline construction. However, in the absence of any mutual agreement

between the two (2) property owners, the City may participate with the first owner

or developer to the extent of paying for one-half the cost of an eight (8) inch

diameter sewerline across said referenced property frontage. The second property

owner will thereafter be responsible for reimbursing the city for his half of the

costs of this sewerline construction at the time he (the second property owner or

developer) begins to develop or build upon his property that is adjacent to the

sewerline installed by the first property owner.


Provided further, however, that if the sewerline construction is for an area or a

development that is outside-of-the-city-limits or if the length or sewerline

construction in which the City would be participating (as referred to above)

exceeds 1,000 lineal feet, the City may decline to participate in the cost of said

sewer line construction except to pay for the extra cost differential between the

size and depth of sewerline required to serve the development and the actual size

and depth of line that the City designates shall be installed to meet the

requirements of its Sewer System Master Plan. When this situation or set of

circumstances exist, the property owner or developer who first initiates or actually

begins the development of his property, shall be responsible for "front-ending" the

entire cost of the sewerline construction and for actually constructing said

sewerline. The second (or other) property owners(s) will thereafter be responsible

for reimbursing the first property owner for his (or their) frontage at the time he

(or they, the other adjacent property owners or developers) begin(s) to develop or

build upon his (or their) property adjacent to the sewerline installed by the first

property owner or developer and the other adjacent property owners or developers

covering the cost of said sewerline(s) the referenced other adjacent property

owners or developers shall pay to the City the amount of $7.00 per lineal foot (or

such other amount as the City Council may hereinafter establish and adopt by

Resolution) for the length of sewerline across his (or their) frontage. The City, in

turn, will reimburse this same amount to the first party, which reimbursement

shall be deemed adequate and appropriate compensation for his (or their) share of

the cost of said sewerline.

F. City vs. Subdivider's or Property Owner's Responsibility for Sewage Lift Stations.

Sewer mains shall be kept as deep as practicable to keep Sewage Lift Stations to the smallest number possible. When a Sewage Lift Station and its related facilities is required, it and the sewer main system directing sewage to it shall generally be designed

for an entire definable area and not just to serve a single property owner or developer.

The cost of the Sewage Lift Station shall be equitably divided between the developer and

the City as set forth in the Annexation or Development Agreement.

G. City vs. Subdivider's or Property Owner's Responsibility for Storm Drainage

Facilities.

The owner or developer of any piece of property or tract of land shall be responsible for

taking care of the storm drainage from said property and for providing and installing the

storm drainage facilities or for the storm drainage costs of any such storm drainage

facilities required within or along said piece of property.

If it is a large tract of ground, the owner or developer shall also be responsible for the

necessary and required system of storm drainage lines or other required facilities within

the interior of the tract of land. The owner or developer of any piece of property prior to

the time any building constructed thereon is occupied or utilized unless phased

construction of the storm drainage system is specifically allowed or provided for in the


Annexation or Development Agreement. In lieu of actually constructing said required

storm drain line or lines, the owner or developer may deposit adequate monies with the

City to fully cover the costs of said required storm drainage construction.

The owner or developer will normally be expected to collect all of the storm drainage

from the tract of ground that he owns or is developing and take it (the storm drainage)

either by overland flow or through a system of storm drain pipes to a common exterior

location at the edge of the property or subdivision being developed, where he shall make

provision for the permanent containment and disposal of said storm drainage water or

shall provide pumping facilities and shall pump said storm drainage to an adjacent creek

or irrigation canal, or shall provide adequate and approved underground disposal

facilities that will permanently and lawfully take care of all of the storm drainage waters

collected from and within said tract of property or subdivision being developed.

H. City vs. Subdivider's or Property Owner's Responsibility for Bridges, Streets and

Alleys.

The responsibilities of the developer and of the City regarding the construction of

bridges, streets, and alleys shall be as follows:

1. Bridges, pipes or culverts which are required across canals, ditches, and streams

lying entirely within a single subdivision and primarily for the benefit of

circulating local traffic shall be paid for entirely at the cost of the developer.

2. The City shall construct all bridges and all pipes or culverts having an inside

diameter of six (6) feet or more on local, collector, and arterial streets when such

bridges, pipes, or culverts are deemed necessary by the City, except where such

are the responsibility of the developer as defined in Item 1 above. Pipes or

culverts having an inside diameter of less than six (6) feet shall be the

responsibility of the developer.

3. Construction of "controlled access" streets shall be the responsibility of the City.

However, the developer shall be responsible for obtaining and dedicating to the

public a maximum of 57 feet of width for right-of-way purposes for such streets.

Standards and typical sections for "controlled access" or major arterial street

construction are on file in the Office of the City Engineer and all construction

shall comply therewith.

4. The development and construction of arterial and collector streets, where local

individual property access is allowed, shall be primarily the owner or developer's

responsibility.

The owner or developer shall be responsible for the dedication of the right-of-way

for said arterial street up to a maximum width of 57 feet per each side of the street

along which the subdivision borders. The owner or developer shall be responsible

for the construction of the sidewalk, curb and gutter, and a 21 1/2 foot width of


paved street surface (per each side of the street along which the subdivision has

frontage). The ballast depth of the paved street surface for which the owner or

developer has responsibility shall consist of up to a three-tenths (0.3) of a foot

depth of asphalt plantmix and an eight-tenth (0.8) of a foot depth of 3/4" crushed

gravel (3/4" Aggregate for Base) irrespective of the type of development or

zoning designation. The City shall be responsible for the costs of the extra width

of street paving (over and above the 21.5 feet width per side of the street defined

above as the developer's responsibility) and the extra depth of street paving and

crushed gravel (over and above that maximum ballast depth defined above as the

owner or developer's responsibility) required to complete the street construction

in conformance with the approved typical section for the street; provided,

however, that:

(a) If the developer chooses to develop his subdivision in such manner that there

is no individual private access to an adjacent arterial street (even though said

arterial street has not been designated as one of the "controlled access" streets

defined above), the developer shall only be responsible for the cost of the

construction of the curb and gutter, sidewalk and storm drainage facilities

along said arterial street frontage; and the City will be responsible for the cost

of the construction of the entire paved street surfacing along said arterial street

frontage.

(b) If the developer chooses to develop his subdivision in such manner that there

is no individual private access to an adjacent collector or local street, the

developer shall still be responsible for the costs of constructing the sidewalk,

curb and gutter, paved street surfacing and storm drainage facilities, along

said collector or local street frontage even though he may have chosen to not

provide individual property access to said street.

(c) If the developer chooses to develop his subdivision in such a manner that any

street therein is roughly parallel with and immediately adjacent to a canal,

river, freeway, controlled access arterial street or other such similar facility

whereby the access to and use of said subdivision street is "from-one-side-

only", the developer shall be entirely responsible for the complete

development (including all sidewalk and curb and gutter along both sides of

the street, full width street paving and storm drainage facilities) of said street.

I. Arterial Street and Bridge Fee Required.

An Arterial Street and Bridge Fee shall be assessed to each developer seeking annexation

of lands to the City. This fee shall be based upon the number of parking spaces required

by ordinance for the Zoning classification of the land and is herewith fixed as set forth in

the table below. The amount of the fee is $100.00 for each required parking space.

Zones Parking Spaces per Acre


RP, RPA, R-1

(or 5 spaces per acre if

unplatted)

Actual Lot Count

R-2

10

R-2A

14

R-3, R-3A, 1 & M1

1 & M2, M-2, PB

25

Commercial (RSC-1,

C-1, HC-1, GC-1)

25

The Arterial Street and Bridge Fee shall be collected by the City Treasurer in accordance

with the terms specified in the Annexation Agreement.

J. Payment of Arterial Street and Bridge Fees.

1. For all lands annexed except those so zoned as to require a total payment of

$2,500.00 per acre in fees, a payment of at least 10% of the total calculated

Arterial Street and Bridge Fee shall be paid to the City at or before the time the

Annexation Agreement is submitted to the City Council for approval. The

Annexation Agreement, signed by the developer, shall contain a schedule for

payment of the balance of said fee and shall become binding when approved by

the City Council. Such schedule must provide for full payment of the total fee

within one (1) year after the date of annexation.

2. For all lands so zoned as to require a total payment of $2,500.00 per acre in fees, a

payment of at least 10% of the total calculated fee shall be paid at or before the

time the Annexation Agreement is submitted to the City Council for approval.

The Annexation Agreement in such cases shall provide that an additional 10% of

the total fee shall be paid on or before six (6) months following the date of

annexation; that an additional 10% of the total fee be paid on or before one (1)

year following the date of annexation; and that one-fourth of the balance of the

total fee be paid each three (3) months thereafter so that the full amount of the fee

be paid within two (2) years following the date of annexation.

K. Exceptions to Arterial Street and Bridge Fee Schedule.

1. Church property shall be assessed 25% of the calculated Arterial Street and

Bridge Fee for the zone in which the property is situated; provided however,

Church property not designed or used primarily for worship or education shall not

be entitled to a reduction in fees.


L. Arterial Street and Bridge Fund.

There is hereby established an Arterial Street and Bridge Fund to be maintained by the

City Treasurer in managing the fiscal affairs of the City. All revenues derived from the

payment of said Arterial Street and Bridge Fees as set forth in this Ordinance shall be

deposited in said Fund and shall be disbursed only for purposes set forth in Section M

hereof when authorized by the City Council.

M. Disbursement of Monies from the Arterial Street and Bridge Fund.

Disbursement of monies from the Arterial Street and Bridge Fund may be made only for

the following purposes and objectives:

1. Construction of bridges, pipes, and culverts which are the responsibility of the

City as set forth above.

2. Construction of Arterial Streets and parts of Arterial Streets which are the

responsibility of the City as set forth above.

SECTION 7. VARIANCES

A. Purpose.

The Commission may recommend to the Council as a result of unique circumstances

such as topographic-physical limitations or a planned unit development, a variance from

the provisions of this Ordinance on a finding that undue hardship results from the strict

compliance with specific provisions or requirements of the Ordinance or that application

of such provision or requirement is impracticable.

B. Findings.

No variance shall be favorably acted upon by the Council unless there is a finding upon

recommendation by the Commission, as a result of a public hearing, that all of the

following exist:

1. That there are such special circumstances or conditions affecting the property that

the strict application of the provisions of this Ordinance would clearly be

impracticable or unreasonable; in such cases, the Subdivider shall first state his

reasons in writing as to the specific provision or requirement involved;

2. That strict compliance with the requirements of this Ordinance would result in

extraordinary hardship (as distinguished from mere inconvenience) to the

Subdivider because of the particular physical surroundings, shape, unusual

topography or other such conditions which are not self-inflicted, or that these

conditions would result in inhibiting the achievement of the objectives of this

Ordinance;


3. That the conditions upon which the request for a variance is sought and are not

applicable generally to other property;

4. That the variance is the least deviation from this Ordinance which will mitigate

the hardship;

5. That the granting of the specified variance will not be detrimental to the public

safety, health, or welfare or injurious to other property or improvements in the

area in which the property is situated;

6. That such variance will not violate the provisions of the Idaho Code; and

7. That such variance will not have the effect of nullifying the interests and purpose

of this Ordinance and the Comprehensive Development Plan.

SECTION 8. ENFORCEMENT, VIOLATIONS AND PENALTIES

A. Enforcement.

It shall be the duty of the Commission to enforce this article of the Zoning Ordinance and

to bring to the attention of the City Council any violations or lack of compliance

herewith. The City Council shall thereupon take appropriate action to assure compliance

with this Ordinance. No subdivision plat required by this Ordinance or the Idaho Code

shall be admitted to the public land records of the County or recorded by the County

Recorder, until such subdivision plat has received final approval by the Council. No

public board, agency, commission, official or other authority shall proceed with the

construction of or authorize the construction of any of the public improvements required

by this Ordinance until the final plat has received the approval by the Council. The City

Attorney shall, in addition to taking whatever criminal action deemed necessary, take

steps to civilly enjoin any violation of this Ordinance.

Whenever it shall come to the knowledge of the County Recorder that any of the

provisions of this Ordinance have been violated, it shall be his duty to notify the

Commission and the City Attorney. The County Clerk, the County Planner and the

County Building Commission are hereby instructed not to divide for assessment or taxing

purposes any properties that are being subdivided contrary to the rules and regulations as

herein set forth until such time as the Commission and the City Attorney have been

notified. The provisions of this Section shall not be deemed exclusive and shall not be

deemed to prevent the maintenance of any other action or proceeding in law or equity to

enforce the provisions of this Ordinance or to vacate any map or plat made and recorded

in violation of this Ordinance.


B. Violations and Penalties.

1. No owner, or agent of the owner, of any parcel of land located in a proposed

subdivision shall transfer or sell any such parcel before a plat of such subdivision

has been approved by the City Council in accordance with the provisions of this

Ordinance, and filed with the County Recorder.

2. The subdivision of any lot or any parcel of land by the use of metes and bounds

description for the purpose of sale, transfer, or lease with the intent of evading this

Ordinance, shall not be permitted. All such described subdivision shall be subject

to all of the requirements contained in these regulations.

3. No building permit shall be issued for the construction of any building or

structure located on a lot or plat subdivided or so in violation of the provisions of

this Ordinance.

4. No plat of subdivision shall be approved which does not comply with all the


5. Violation of any of the provisions of this Ordinance or failure to comply with any

of its requirements shall constitute a misdemeanor. Each day such violation

continues shall be considered a separate offense. The land owner, tenant,

Subdivider, builder, public official or any other person who commits, participates

in, assists in or maintains such violation may each be found guilty of a separate

offense. Nothing herein contained shall prevent the City Council or any other

public official or private citizen from taking such lawful action as is necessary to

restrain or prevent any violation of this Ordinance or of the Idaho Code.

6. Whoever shall sell, or offer for sale, or lease any lot or block in any subdivision

before complying with all of the requirements of this Ordinance, shall be subject

to a fine of $25.00 for each lot or block or part thereof so disposed of, offered for

sale or leased. Each day that sales or offers to sell or lease continue in violation

of this Ordinance shall constitute a separate offense, subject to the above

penalties.


ARTICLE XVIII: PENALTIES

Whoever shall violate any of the provisions of this Ordinance shall constitute a

misdemeanor subject to a fine of not more than $500.00 for each violation thereof. Each

day that the violation continues shall be considered a separate offense.

ARTICLE XIX: EFFECTIVE DATE

This Ordinance shall take effect and be in force from and after passage, approval and

publication as required by law.

ADOPTED, ORDAINED, PASSED AND APPROVED by the Mayor and City Council

this _____ day of ____________________, 2017.

_________________________________

JOAN HAWKINS, Mayor

ATTEST: _________________________________

SUSAN J. WITTMAN, City Clerk


APPENDIX A: ZONING AND LAND USE FEE SCHEDULE

Zoning and Land Use Fee Schedule shall be established and adopted by resolution of the Malad City Council. See Malad City Hall at 59 Bannock Street, Malad City, Idaho for current fee schedule.

MALAD CITY ZONING ORDINANCE NO. 474 · ordinance no. 474 page 9 ordinance no. 474 an ordinance...

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