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MALAD CITY
ZONING
ORDINANCE
NO. 474
Ordinance No. 474 Page 0
Ordinance No. 474 Page 1
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
A. General Objectives and Characteristics of Zone. ................................................ 34
SECTION 5. "RMH" RESIDENTIAL MOBILE HOME ZONE ............................... 37
A. General Objectives and Characteristics of 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
Ordinance No. 474 Page 2
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
Ordinance No. 474 Page 3
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
Ordinance No. 474 Page 4
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
Ordinance No. 474 Page 5
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
Ordinance No. 474 Page 6
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
Ordinance No. 474 Page 7
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
Ordinance No. 474 Page 8
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 Page 9
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:
Ordinance No. 474 Page 10
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
Ordinance No. 474 Page 11
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.
Ordinance No. 474 Page 12
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.
Ordinance No. 474 Page 13
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
Ordinance No. 474 Page 14
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.
Ordinance No. 474 Page 15
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.
Ordinance No. 474 Page 16
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.
Ordinance No. 474 Page 17
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.
Ordinance No. 474 Page 18
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
Ordinance No. 474 Page 19
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.
Ordinance No. 474 Page 20
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.
Ordinance No. 474 Page 21
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,
Ordinance No. 474 Page 22
covenants or agreements this section shall control. The section shall be construed
liberally to secure the beneficial interest and purposes thereof.
Ordinance No. 474 Page 23
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.
Ordinance No. 474 Page 24
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
Ordinance No. 474 Page 25
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
Ordinance No. 474 Page 26
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,
Ordinance No. 474 Page 27
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.
Ordinance No. 474 Page 28
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.
Ordinance No. 474 Page 29
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.
Ordinance No. 474 Page 30
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.
Ordinance No. 474 Page 31
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
provisions of this Ordinance.
58. Taxi service stations.
59. Theaters, indoor.
Ordinance No. 474 Page 32
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
Ordinance No. 474 Page 33
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.
Ordinance No. 474 Page 34
SECTION 4. "I" INDUSTRIAL ZONE
A. General Objectives and Characteristics of 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.
Ordinance No. 474 Page 35
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.
Ordinance No. 474 Page 36
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.
Ordinance No. 474 Page 37
SECTION 5. "RMH" RESIDENTIAL MOBILE HOME ZONE
A. General Objectives and Characteristics of 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.
Ordinance No. 474 Page 38
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.
Ordinance No. 474 Page 39
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
Ordinance No. 474 Page 40
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).
Ordinance No. 474 Page 41
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.
Ordinance No. 474 Page 42
(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.
Ordinance No. 474 Page 43
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.
Ordinance No. 474 Page 44
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
Ordinance No. 474 Page 45
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:
Ordinance No. 474 Page 46
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.
Ordinance No. 474 Page 47
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.
Ordinance No. 474 Page 48
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.
Ordinance No. 474 Page 49
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.
Ordinance No. 474 Page 50
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.
Ordinance No. 474 Page 51
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
Ordinance No. 474 Page 52
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.
Ordinance No. 474 Page 53
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;
Ordinance No. 474 Page 54
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.
Ordinance No. 474 Page 55
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.
Ordinance No. 474 Page 56
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.
Ordinance No. 474 Page 57
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.
Ordinance No. 474 Page 58
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;
Ordinance No. 474 Page 59
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.
Ordinance No. 474 Page 60
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
Ordinance No. 474 Page 61
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.
Ordinance No. 474 Page 62
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
Ordinance No. 474 Page 63
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
Ordinance No. 474 Page 64
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.
Ordinance No. 474 Page 65
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
Ordinance No. 474 Page 66
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.
Ordinance No. 474 Page 67
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
Ordinance No. 474 Page 68
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.
Ordinance No. 474 Page 69
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
Ordinance No. 474 Page 70
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.
Ordinance No. 474 Page 71
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.
Ordinance No. 474 Page 72
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.
Ordinance No. 474 Page 73
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
Ordinance No. 474 Page 74
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;
B. The reasons for approval or denial; and
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;
B. The reasons for approval or denial; and
C. The actions, if any, that the applicant could take to gain approval of the proposal.
Ordinance No. 474 Page 75
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.
Ordinance No. 474 Page 76
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.
Ordinance No. 474 Page 77
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:
Ordinance No. 474 Page 78
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:
Ordinance No. 474 Page 79
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.
Ordinance No. 474 Page 80
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
Ordinance No. 474 Page 81
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).
Ordinance No. 474 Page 82
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.
Ordinance No. 474 Page 83
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
Ordinance No. 474 Page 84
Mobile Home Park One (1) for each unit plus one (1) space for
each five units
Ordinance No. 474 Page 85
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
Type of Use Parking Space Requirement
Churches and other places of religious
assembly One (1) for each five seats
Hospitals One (1) for each bed
Ordinance No. 474 Page 86
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)
Type of Use Parking Space Requirement
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:
Type of Use Parking Space Requirement
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
Ordinance No. 474 Page 87
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.
Ordinance No. 474 Page 88
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.
Ordinance No. 474 Page 89
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)
Ordinance No. 474 Page 90
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.
Ordinance No. 474 Page 91
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);
B. Legal description of property;
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;
Ordinance No. 474 Page 92
(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
Ordinance No. 474 Page 93
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:
A. Name, address and phone number of applicant;
B. Legal description of property;
C. Existing use;
D. Proposed use;
E. Zoning district;
Ordinance No. 474 Page 94
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.
Ordinance No. 474 Page 95
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.
Ordinance No. 474 Page 96
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.
Ordinance No. 474 Page 97
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:
A. Name, address and phone number of applicant;
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;
Ordinance No. 474 Page 98
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
Ordinance No. 474 Page 99
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.
Ordinance No. 474 Page 100
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;
B. The reasons for approval or denial; and
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.
Ordinance No. 474 Page 101
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
Ordinance No. 474 Page 102
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.
Ordinance No. 474 Page 103
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
Ordinance No. 474 Page 104
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 No. 474 Page 105
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.
Ordinance No. 474 Page 106
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.
Ordinance No. 474 Page 107
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.
Ordinance No. 474 Page 108
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:
Ordinance No. 474 Page 109
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.
Ordinance No. 474 Page 110
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.
Ordinance No. 474 Page 111
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
Ordinance No. 474 Page 112
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.
Ordinance No. 474 Page 113
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,
Ordinance No. 474 Page 114
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;
Ordinance No. 474 Page 115
(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);
Ordinance No. 474 Page 116
(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
Ordinance No. 474 Page 117
(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.
Ordinance No. 474 Page 118
(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.
Ordinance No. 474 Page 119
(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
Ordinance No. 474 Page 120
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.
Ordinance No. 474 Page 121
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.
Ordinance No. 474 Page 122
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.
Ordinance No. 474 Page 123
(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.
Ordinance No. 474 Page 124
(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.
Ordinance No. 474 Page 125
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.
Ordinance No. 474 Page 126
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.
12. Commission Action.
(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.
Ordinance No. 474 Page 127
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.
Ordinance No. 474 Page 128
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.
17. Commission Action.
(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;
Ordinance No. 474 Page 129
(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
Ordinance No. 474 Page 130
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:
Ordinance No. 474 Page 131
(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
Ordinance No. 474 Page 132
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.
Ordinance No. 474 Page 133
(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
Ordinance No. 474 Page 134
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
Ordinance No. 474 Page 135
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.
Ordinance No. 474 Page 136
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".
Ordinance No. 474 Page 137
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.
Ordinance No. 474 Page 138
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)
Ordinance No. 474 Page 139
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
Ordinance No. 474 Page 140
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,
Ordinance No. 474 Page 141
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
Ordinance No. 474 Page 142
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
Ordinance No. 474 Page 143
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.
Ordinance No. 474 Page 144
(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.
Ordinance No. 474 Page 145
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.
Ordinance No. 474 Page 146
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
Ordinance No. 474 Page 147
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.
Ordinance No. 474 Page 148
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.
Ordinance No. 474 Page 149
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
Ordinance No. 474 Page 150
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
Ordinance No. 474 Page 151
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.
Ordinance No. 474 Page 152
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
Ordinance No. 474 Page 153
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
Ordinance No. 474 Page 154
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
Ordinance No. 474 Page 155
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.
Ordinance No. 474 Page 156
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;
Ordinance No. 474 Page 157
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.
Ordinance No. 474 Page 158
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
provisions of this Ordinance.
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.
Ordinance No. 474 Page 159
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
Ordinance No. 474 Page 160
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.
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