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(A) Short Title: This chapter shall be known as the ZONING ORDINANCE FOR THE CITY OF CASCADE.
(B) Purpose: The purpose of this chapter shall be to promote the health, safety and general welfare of the people of the City by establishing:
1. Zoning districts within the incorporated limits of the City;
2. Procedures for the processing of application for:
(a) Special or conditional use permits.
(b) Variance permits.
(C) Compliance With State Laws: If there is a conflict with State laws different from the provisions of this chapter, compliance with the State law shall be sufficient to give action validity.
(D) Penalty: Any person convicted of a violation of any provision of this chapter shall be fined in a sum of not to exceed three hundred dollars ($300.00), for any offense, and such person may be confined in the County Jail for a period of not more than thirty (30) days. Either or both fine and imprisonment may be imposed. Each day such violation continues shall be considered as a separate offense. (Ord. 529, 11-28-1994)
(E) Establishment Of Zones: The incorporated area of the City is hereby divided into the following zones:
R-I Zone | Low Density Residential |
R-II Zone | Medium Density Residential |
R-III Zone | High Density Residential |
R-IV Zone | Mixed-Use Residential |
RC Zone | Residential/Commercial |
A Zone | Agricultural |
C Zone | Commercial |
I Zone | Industrial |
REC Zone | Recreational |
(Ord. 529, 11-28-1994; amd. Ord. 688, 5-14-2018)
(F) Severability: The provisions of this chapter are hereby declared to be severable and if any provisions or the application of such provisions to any person or circumstances is declared invalid, for any reason, such declaration shall not affect the validity of the remaining portions of the chapter. (Ord. 529, 11-28-1994)
(A) Minimum Requirements: Interpretation and applying the provisions of this chapter shall be held to be the minimum requirements adopted by the City Council for the promotion of the public health, safety, comfort and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the public health, safety and general welfare shall prevail. (Ord. 620, 3-8-2010)
(B) Restoration Of Damaged, Nonconforming Buildings: Any nonconforming building destroyed by fire or other calamity, to an extent of eighty percent (80%) or more of the appraised value, may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use. Nothing in this chapter shall be construed to prevent restoration and the resumption of former lawful use of any building, that is damaged or practically destroyed, provided that such restoration is started within six (6) months and diligently prosecuted to completion.
(C) Nonconforming Use, Abandonment: Whenever a nonconforming use of land has been discontinued for a continuous period of one year, such use shall not thereafter be reestablished, and the use of such premises thereafter shall be in conformity with the regulations of the zone in which situated.
(D) Interpretation: Nothing in this chapter shall repeal, abrogate, annul or in any way impair or interfere with any provisions of law or any rules and regulation, other than planning and zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises. Where the chapter imposes greater restriction upon the use of buildings or premises, or upon the height of buildings, than are imposed or are required by other regulations, the provisions of this chapter shall control. Nothing herein shall interfere with, abrogate, or annul any easements, covenants, deed restrictions or other agreements between parties, which impose greater restriction than those imposed by this chapter.
(E) Signs: Signs or sign structures shall be erected in accordance with the Cascade sign ordinance, title 2, chapter 2 of this code.
(F) Recreational Vehicles: Recreational vehicles are primarily designed as temporary living quarters for recreational, camping or travel use, and shall not be used for living quarters longer than two (2) weeks, except in a recreational vehicle park. The storage of a resident's recreational vehicle on his own property is permitted.
(G) Application Of Regulations: Except as herein specified, no building, or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the requirements herein specified for the district in which it is located; nor shall any yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
(H) Division Of Lots: Lots in excess of area requirements for the zone in which they are located, may be further divided as long as each subdivision thereof meets the minimum area requirements. (Ord. 501, 6-26-1992)
(I) Manufactured Home (Formerly Mobile Homes As Defined By Section 39-4105(13), Idaho Code): The intent of this subsection is to establish standards, and regulations governing the location and approval of manufactured homes in the city, and allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason standards have been set that will regulate the appearance of the manufactured home; allowing only those that are acceptably similar in appearance to the site built dwellings on individual lots in all residential zones.
1. Manufactured homes shall be confined to single-family dwellings within all residential zones, and shall be prohibited in C and I zoning districts, provided such structures meet the development standards for VA (veteran's administration) and HUD (housing and urban development) minimum standards and the mobile home rehabilitation act, chapter 25, title 44, Idaho Code. (Ord. 593, 5-13-2002)
2. Development standards for a manufactured home on an individual lot in all residential zones are as follows:
(a) For R-I and R-II zones shall consist of more than one section, and have a minimum floor area of five hundred (500) square feet per section. For R-III zone, shall consist of at least one section, and have a minimum floor area of seven hundred twenty (720) square feet, exclusive of any cabana or ramada;
(b) Shall have simulated wood or wood siding;
(c) Shall have a foundation fascia that is similar in appearance to masonry foundation of site built dwellings, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade;
(d) Shall be permanently affixed, with the running gear and towing hitch removed, to a foundation base having an anchoring system that is totally concealed under the structure;
(e) Shall comply with all other applicable requirements of the zoning district in which the manufactured home is located (such as lot size and setback requirements); and
(f) Attached accessory structure, as permitted in the zoning district in which the manufactured home is located, shall be similar in material and integrated into the design of the manufactured home. (Ord. 664, 4-22-2013)
(A) Creation: There is hereby created a planning and zoning commission consisting of five (5) members, to be appointed by the mayor, and confirmed by a majority vote of the council. The commission shall act in both capacities, with full authority of the council, excluding the authority to adopt ordinances.
(B) Membership:
1. Four (4) members of the commission shall be residents of the city, and shall have resided within the city for three (3) years.
2. The terms of office of each member of the first commission, appointed under this chapter, shall be established by the mayor as follows:
(a) Two (2) members shall be appointed for three (3) years;
(b) Two (2) members shall be appointed for four (4) years;
(c) One member shall be appointed for five (5) years; and
(d) Thereafter, all members shall be appointed for a term of four (4) years.
3. Vacancies occurring, otherwise than through the expiration of terms, shall be filled in the same manner as the original appointment for the unexpired terms of such member(s).
4. Members may be removed for cause by a majority vote of the council.
5. Members shall be selected without respect to political affiliation.
(C) Organization:
1. Each commission shall elect a chairman and create and fill any other office that it may deem necessary; and
2. The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out the responsibilities under this chapter.
(D) Rules: Written organization papers or bylaws consisting with title 67, chapter 65, Idaho Code, and other laws of the state for the transaction of business of the commission shall be adopted.
(E) Records: 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.
(F) Meetings: The commission shall hold meetings at least once each month for not less than nine (9) months in a year, and at such other times as may be required. A majority of voting members of the commission shall constitute a quorum.
(G) Expenditures: Only with the approval of the council may the commission receive and expend funds, goods and services from the federal government or agencies and instrumentalities of the state or local government or from civic and private sources or may contract with these entities and provide information and reports as necessary to secure aid.
(H) Staff: Only with the approval of the council may the commission hire employees and technical advisors, including but not limited to planners, engineers, architects and legal assistants. (Ord. 529, 11-28-1994)
(A) Interpretation Of Terms Or Words:
1. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter.
2. Words used in the singular include the plural and the plural the singular.
3. Words used in the masculine gender include the feminine, and the feminine the masculine.
4. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
(B) Meaning of Terms or Words:
ACCESSORY USE OR BUILDING: A use or structure on the same lot with, of a nature customarily incidental and subordinate to, the principal use or structure.
ADDITION: An extension or increase in floor area or height of a building or structure.
AGRICULTURE: The use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry and necessary accessory uses.
ALLEY: Any public space or thoroughfare less than sixteen feet (16'), but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public use.
ALTERATION: Any change, addition or modification in construction or occupancy.
APARTMENT: One of several suites or rooms in a building, each equipped for housekeeping.
APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
AREA: (see "Floor Area")
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including service, painting and steam cleaning of vehicles.
AUTOMOTIVE SALES (Includes Mobile Homes, Travel Trailers and Farm Implements): The sale or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of the same, to be displayed and sold on premises.
BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a "first story" as defined herein.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING, AGRICULTURAL: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products.
BUILDING ASSEMBLY: A building or a portion of a building used for the gathering together of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining or awaiting transportation.
BUILDING DETACHED: A building surrounded by open space on the same lot as another.
BUILDING, EXISTING: A building erected prior to the adoption of this Chapter, or one for which a legal building permit has been issued.
BUILDING INSPECTOR: (see "Building Official")
BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this Chapter.
BUILDING OFFICIAL: The officer or designated authority charged with the administration and enforcement of the Cascade Building Code, or his duly authorized representative.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE: (see "Setback Line")
BUILDING SITE: Any area proposed or provided and improved by grading, filling, excavation or other means, for erecting pads for buildings.
BULK: The term used to describe the size and mutual relationships of buildings and other structures to other buildings or structures; and to all open spaces relating to the building or structures.
BUSINESS: An occupation, trade or profession; any of various operations or details of trade or industry; a commercial enterprise or establishment engaged in such operations.
CITY: A municipality, the City of Cascade, with definite boundaries and with various legal powers derived from the Constitution and Statutes of the State of Idaho.
CLINIC: An infirmary, usually connected with a hospital or medical school, for the treatment of patients, but which does not provide board, room or regular hospital care and services.
CLUB: A building or portion thereof reserved for the meetings of a group of persons organized for some mutual aim or pursuit, especially a group that meets regularly.
COMMERCIAL ENTERTAINMENT FACILITY: Any profit-making activity which is generally related to the entertainment field; e.g., movie theater, carnival, nightclub, cocktail lounge and similar entertainment activities.
COMMISSION: The Cascade Planning and Zoning Commission.
COMPREHENSIVE DEVELOPMENT PLAN: A plan or any portion thereof, adopted by the Council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, schools and other community facilities.
CONDITIONAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval from the Commission and the Council.
CONDOMINIUM: An estate consisting of an undivided interest in common 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. (Section 55-101B, Idaho Code)
COUNCIL: The Cascade City Council.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
COVENANT: A written agreement, as a contract, under seal.
CULVERT: An artificial, covered channel for water, as under a road, street or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon acceptance by the Council.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
DENSITY, GROSS: The number of dwelling units per acre of total land to be developed, including public right of way.
DENSITY, NET: The number of dwelling units per acre of land when acreage involved includes only the land devoted to residential uses, excluding the public right of way.
DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.
DUPLEX: A building having two (2) one-family dwelling units.
DWELLING: Any building or portion thereof which is not an "apartment house", "lodging house" or a "hotel", as defined herein, which contains one or two (2) "dwelling units" or "guestrooms", used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units, including apartments, townhouses and condominiums, with varying arrangements or entrances and party halls.
DWELLING UNIT, ROOMING HOUSE (Includes BOARDING HOUSE, LODGING AND DORMITORY): A dwelling or part thereof, other than a hotel/motel or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons, where no cooking or dining facilities are provided in the individual rooms.
DWELLING UNIT, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING UNIT, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be attached side by side or one above the other. (See definition of Duplex.)
EASEMENT: The privilege or right of making limited use of another's adjacent property.
ENGINEER: Any person who is licensed in the state to practice professional engineering, or a person appointed by the council.
ESTABLISHED GRADE: (See definition of Grade (Adjacent Ground Elevation).)
FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FEEDLOT: A commercial stockyard where large numbers of livestock are fed for the purpose of fattening for market.
FLOODPLAIN: The relatively flat area of lowland 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 one hundred (100) year frequency, as established per engineering practices as specified by the army corps of engineers.
FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts.
FLOOR AREA, GROSS: The area to which the general public is admitted for transaction of retail trade.
FLOOR AREA, NONRESIDENTIAL BUILDING (To Be Used In Calculating Off Street Parking Requirements): The floor area of the specified use, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms and similar areas.
FLOOR AREA, USABLE: Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, including basement, mezzanine and intermediate floored tiers.
FOOD PROCESSING: The preparation, storage or processing of food products; e.g., bakeries, dairies, canneries, restaurants and other similar businesses.
FOREST: A tract of land covered with a growth of trees and underbrush; also the trees themselves.
FRONT OF LOT: The front boundary line of a lot bordering on the street and, in case of a corner lot, may be either frontage.
FRONT PROPERTY LINE: The front line as shown upon the official plat of the property.
GARAGE: A building or a portion of a building, in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired or kept.
GARAGE, PRIVATE: A building or portion of a building, not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GARAGE, PUBLIC: Any garage other than a private garage.
GARAGE, SERVICE STATION: A public garage providing a service, repair and maintenance for motorized or nonmotorized vehicles.
GOVERNING BODY: The Cascade City Council.
GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GUEST: Any person hiring or occupying a room for living or sleeping purposes.
GUEST ROOM: Any room or rooms used or intended to be used by a guest for sleeping purposes.
HEALTH AUTHORITY: The local District Health Department or the State Department of Health and Welfare that has jurisdictional authority.
HEIGHT OF BUILDING: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.
HIGHWAY: A street designated as a highway by an appropriate State or Federal agency.
HOME OCCUPATION: An occupation conducted entirely within a dwelling unit.
HOTEL: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
IMPROVEMENT: Any alteration to the land or other physical construction associated with a building site.
INSTITUTION: A building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.
JUNK: Castoff material of any sort that can be put to some use; odds and ends, as scrap iron, old bottles or paper.
JUNK BUILDINGS/ SHOPS: Any land, structure or building in which junk is stored or processed.
KENNEL: Any lot or premises on which three (3) or more dogs, more than six (6) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provisions for minor medical treatment.
LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups or deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street loading space is not to be included as off-street parking space in computation of the required off-street parking space. All off-street loading spaces shall be located totally outside any street or alley right of way.
LODGING HOUSE: Any building or portion thereof containing not more than five (5) guest rooms which are used by not more than five (5) guests where rent is paid in money, goods, labor or otherwise.
LOGGING: Operation and maintenance of vehicles and equipment used primarily for harvesting of forest products.
LOT: A plot or quantity of land, as surveyed and apportioned for sale or for other special purpose.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or other rights of way.
LOT, AUTOMOBILE SALES: Premises on which new or used passenger automobiles, recreational vehicles, mobile homes or trucks, in operating condition, are displayed in the open for sale or trade, and where no repair or service work is done.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings, on the lot, to the horizontally projected area of the lot, expressed by a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the primary street.
LOT, MINIMUM AREA: The area computed exclusive of any portion of the right of way of any public or private street.
LOT OF RECORD: A lot which is recorded in the office of the County Recorder or a lot or parcel described by metes and bounds, the description of which has been recorded.
LOT TYPES: Corner Lot - A lot located at the intersection of two (2) or more streets.
Interior Lot - A lot other than a corner lot with frontage on one or more streets. Through lots abutting two (2) streets may be referred to as double frontage lots.
Reversed Frontage Lot - A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources.
MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation.
MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements; operating and storing within enclosed structure; and generating little industrial traffic and no nuisances.
MAY: As used in this Chapter, is permissive for compliance.
MOBILE HOME: A detached single-family dwelling unit, designed to be transported after fabrication to the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on the foundation supports, connection to utilities and the like.
MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes, for habitation, are parked either free of charge or for revenue purposes; including any roadway, building, structure or enclosure used or intended for use as part of the facilities of such park.
MONUMENT: Any permanent marker, either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines.
MOTEL: See definition of hotel.
MULTIUSE STRUCTURE: An assembly building used by senior citizens, community action center, Masonic members, VFW and American Legion, etc., for noncommercial purposes for the conducting of meetings, socializing, etc.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district in which it is situated.
NURSERY, CHILDREN'S: A place, home or facility providing care for more than five (5) children of preschool age.
NURSERY, PLANT: Land, buildings, structures or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale, on the premises, including products used for gardening or landscaping.
NURSING HOME: A home or facility for the care and treatment of more than five (5) persons who are unable to care for themselves without some personal or medical assistance.
OCCUPANCY: The purpose for which a building or part thereof is used or intended to be used.
OPEN SPACE: An area, substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts, any other recreational facilities that the commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.
ORIGINAL TRACT: A tract of land that existed at the date of adoption of the subdivision ordinance for the City of Cascade, being August 8, 1983.
OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARK MODEL: A recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.
PARKING SPACE, OFF STREET: An off street parking space shall consist of an area adequate for parking an automobile, with room for opening both doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public, e.g., shoe repair, watch repair, barbershops, beauty parlors and similar activities.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses, separately or any combination thereof, are developed under single ownership or control, and accommodated in a preplanned environment with flexible standards, such as lot sizes and setbacks.
PREBUILT HOME: A conventional home, prefabricated in a factory and transported to its permanent location.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects and engineers and similar professions.
PUBLIC HEARING: Any hearing that complies with the notice and hearing provisions of section 67-6509, Idaho Code.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants and other similar public service structures by a public utility, railroad, municipality or other governmental agency, including the furnishing of electricity, gas, rail transport, communications, public water and sewage services.
PUBLIC USE BUILDINGS OR AREAS: Commercial or noncommercial facility open for public use (e.g., parks, churches, public swimming pools, museums, etc.).
PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten feet (10').
QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE (Hereafter Referred To As RV):
Camper Or Pickup Coach: A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
Dependent RV: An RV which can operate dependent upon a service building for toilet and lavatory facilities.
Motor Home: A portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self- propelled vehicle.
Self-Contained RV: An RV which can operate independent of connections to sewer, water and electrical systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the RV.
Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a "travel trailer" by the manufacturer of the trailer, and when factory equipped for the road.
RECREATIONAL VEHICLE PARK (RV PARK): Any two (2) acre or more tract, plot, site or parcel of land where upon two (2) or more RVs are placed for dwelling purposes only, the tenure being for a short, seasonable time basis, for which a rental fee is paid or made collectable to the person holding the land.
REFERENCE DATUM: The reference datum shall be the highest point of natural elevation adjacent to the exterior wall of the building.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
REPAIR, MAJOR MOTOR VEHICLE: General repair, engine rebuilding, repair or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers within an enclosed building.
RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities.
ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products.
SEAT: (For the purposes of determining the number of off street parking spaces for certain uses.) The number of seats is the number of seating units installed or indicated, or each twenty four (24) linear inches of benches, pews or open space for loose chairs for such use.
SETBACK LINE: A line, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located aboveground, to include eaves, decks and other protuberances.
SHALL: As used in this chapter, is mandatory.
SIDE YARD: See definition of yard, side street.
SIDEWALK: A path or pavement at the side of a street, for the use of pedestrians. Usually that portion of the road right- of-way outside the roadway, which is improved for the use of pedestrian traffic. See also definition of walkway.
SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located. (Types, definitions and construction requirements are in title 2 of this Code.)
SITE BUILT: A wooden house constructed entirely or largely on the site which it is intended to occupy upon its completion rather than in a factory or similar facility.
SPECIFICATIONS, STANDARD: The specifications as specified in this chapter or as officially adopted by the Council.
SPLIT LEVEL HOUSE: A split level house is one that has multiple floors separated by a half level difference vertically between levels.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above.
STORY, FIRST: The lowest story in a building which qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.
STREET: Any thoroughfare or public space not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.
STREET, COLLECTOR: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or heavy traffic.
STREET, MINOR: A street which has the primary purpose of providing access to abutting properties.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE, MULTIUSE: See definition of multiuse structure.
SUBDIVISION: A tract of land divided into three (3) or more lots, parcels or sites for the purpose of sale, building development; or in creation of a street to access more than one building site. All resulting parcels must meet the minimum dimensional standards of this Code.
Exceptions: The following divisions of land shall not be deemed a subdivision:
1. A readjustment of lot lines or division of a lot as shown on a recorded plat which does not result in a violation of the setbacks, frontage, or dimensional standards of this Code or any covenant pertaining to said plat.
2. A readjustment of property lines of an unrecorded parcel of land that does not result in a violation of the setbacks, frontage, or dimensional standards of this Code and does not increase the number of building sites.
3. An easement providing rights for ingress-egress, utilities, or drainage for one building site across any portion of a parcel of land, which does not transfer title to any portion of the parcel.
4. A division of land for financing or mortgage purposes only where the entire parcel remains in one ownership.
5. Allocation of land in the settlement of an estate of a decedent, or a court decree for the distribution of property.
TINY HOUSE: A dwelling which is four hundred (400) or less square feet in floor area excluding lofts.
USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE: A modification of the strict terms of the relevant regulations, where such modification will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement would result in unnecessary and undue hardship.
VETERINARY HOSPITAL/CLINIC: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals and those who are in need of medical and surgical attention.
VICINITY MAP: A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby landmarks and community facilities and services, within the general area, in order to better locate and orient the area in question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only. See also definition of sidewalk.
YARD: An open, unobstructed space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the lot on which a building is situated.
YARD, AUTOMOTIVE WRECKING: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles, not in operating condition, are standing for more than thirty (30) days, or on which used motor vehicles or parts thereof are dismantled or stored.
YARD, FRONT: A yard extending between side lot lines, across the front of a lot, and from the front property line to the front of the principal building.
YARD, JUNK: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled.
YARD, REAR: A yard extending between side lot lines, across the rear of a lot, and from the rear property line to the rear of the principal building.
YARD, SIDE INTERIOR: A yard extending from the principal building to the side lot line, on both sides of the principal building, between the lines establishing the front and rear yards.
YARD, SIDE STREET: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
YARD, SUPPLY: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. (Ord. 392, 8-9-1982; amd. Ord. 608, 4-12-2004; Ord. 664, 4-22-2013; Ord. 688, 5-14-2018)
The boundaries of the use zones are hereby established, as shown on the zoning map of the City, which map(s) is hereby made a part of this chapter, as if fully set forth at length herein. Up to date copies, which are open for public inspection, shall be placed and remain on file in the Office of the City Clerk. The City Clerk shall endorse on the original zoning map the number and date of adoption of this chapter and shall execute the same and affix the City Seal thereto. As such map may hereafter be amended the Clerk shall likewise endorse thereon the number and date of such amendments and execute and affix the City Seal thereto.
(A) Interpretation Of Boundaries: Where uncertainties exist, as to the boundaries of any zoning districts as shown upon the zoning map(s), the following rules shall apply:
1. Boundaries indicated as approximately following centerlines of streets, highways or alleys shall be construed to follow such centerlines;
2. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following jurisdictional limits shall be construed as following such limits;
4. District boundary lines indicated as following shorelines shall be construed to follow such shorelines and in the event of change in shoreline, shall be construed as moving with actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals or other bodies of water shall be construed to follow such centerlines;
5. District boundary lines indicated as following railroad lines shall be construed to be midway between the main tracks; and
6. Where a district boundary line divides a lot, which was in single ownership of record at the time of enactment of this chapter, the commission may permit the extension of the regulations for either portion of the lot, not to exceed fifty feet (50'), from said district boundary line. The use so extended shall be deemed to be conforming.
(B) Zoning Map Colors: The following colors are hereby established for the use zones for easy recognition:
R-I Zone: Blue.
R-II Zone: Yellow.
R-III Zone: Orange.
RC Zone Residential/Commercial: Turquoise.
A Zone: Green.
C Zone: Purple.
I Zone: Red.
REC Zone: Fluorescent pink.
(C) Change From C Zone To REC Zone: The City zoning map is hereby amended to change from C Zone Commercial to REC Zone Recreational, that area shown on the map attached to the ordinance codified herein as exhibit A and incorporated herein by reference, designated "zone change to REC Zone". A copy of the metes and bounds description of such area as changed prepared by Fodrea Land Surveys dated May 6, 1994, is on file in the Office of the City Clerk and is open to public inspection at any time during regular office hours.
(D) Division Of Existing C Zone: The existing C Zone Commercial, is hereby divided into two (2) parts with a corridor along State Highway 55 remaining C Zone with the remainder thereof to constitute the RC Zone. The boundaries between the two (2) zones are shown on the map attached to the ordinance codified herein as exhibit A and incorporated herein by reference. A metes and bounds description of the boundaries between the two (2) zones is on file in the Office of the City Clerk and is open to public inspection during regular office hours. (Ord. 529, 11-28-1994)
(E) Change From R-II To RC Zone: The City zoning map is hereby amended to change from R-II Zone Medium Density Residential to RC Zone Residential/Commercial, that area shown on the map as:
Lot 12, Block 6, of the Pine Grove Addition, City of Cascade, Valley County, Idaho, together with that portion of Old State Highway lying southerly of said lot and northerly of Lot 1, Block 1, Patterson Addition to Cascade, Valley County, Idaho.
(Ord. 595, 5-13-2002)
(F) Change From REC Zone To R-IV Zone: The City zoning map is hereby amended to change from REC Zone to R-IV Mixed-Use Residential that area shown on the map as Leisure Time RV Park Subdivisions 1, 2, and 3.
1. Non-Conforming Use: Existing non-conforming units and accessory structures may remain. However, new structures and/or home improvements that exceed fifty percent (50%) of the structure's value will be required to be built in compliance with all applicable codes and ordinances.
2. Non-Conforming Utility Hook-Ups: Leisure Time Park Subdivisions 1, 2 and 3 will not be required to comply with subsection 3-1-8B(B)5 of this chapter.
3. Abrogation And Greater Restrictions: This subsection shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. (Ord. 689, 5-14-2018)
(A) Permitted Uses:
Animals. Dogs, cats and other household pets, provided the same are not kept, bred or maintained for commercial purposes, and are not of such number or kept in such a manner that they become a nuisance, are permitted.
Churches.
Fire station, built in residence style.
Garden/utility sheds. One garden/utility shed not to exceed two hundred (200) square feet in floor area, provided the following restrictions are met:
The building must complement the other structure(s) on the property in that it is constructed and/or painted to harmonize with the dwelling.
The building must be placed to the rear of the property, behind the front building line of the dwelling, and so as not to impede fire protection or emergency vehicles.
Must obtain a building permit for placement to show compliant with setbacks.
Manufactured homes as defined by section 39-4105(8), Idaho Code, and as provided in subsection 3-1-2(I) of this chapter.
Museums.
Parks.
Playgrounds.
Private garages:
Private garages, for the use of occupants of an existing residence on the same premises are permitted.
Garages may be used as guest or sleeping quarters if built to Residential Codes.
Private swimming pools.
Public swimming pools in public parks.
Public use buildings. Public use buildings, as different from residential buildings, may have an information sign in a design to enhance the building structure and identify the use.
Single-family dwellings.
(B) Conditional Uses: In addition to the foregoing uses set forth in this section, only the following structures and/or uses shall be permitted with a special-conditional use permit. (See section 3-1-13 of this chapter for application.)
Duplexes, condominiums and other multi-family dwellings.
Residential planned unit development.
(C) Area Requirements:
1. Every building hereafter erected or structurally altered shall have a setback of at least twenty feet (20') from the street property line on which the building fronts.
2. In each block in which fifty percent (50%) or more of the buildings, on the same side of the street, have been built in conformity with a fairly even and determinable front building line, all buildings hereafter erected, established or rebuilt shall be in conformity with said building line. In determining whether or not a front building line has been considered and minor irregularities ignored, and where any dispute arises in the determining of any such building line, the determination of the commission shall be final.
3. Buildings shall be erected a distance of not less than ten feet (10') from the side and/or rear property line. None shall be nearer the side street than fifteen feet (15').
4. Lots must be a minimum of ten thousand (10,000) square feet in area.
5. Buildings must provide for a minimum of one thousand (1,000) square feet of living space on the main floor for each living unit.
6. The maximum lot coverage in all Residential Zones is sixty percent (60%). This includes harden surfaces such as sidewalks, decks and compacted driveways.
(D) Utility Services: Any and all utility services requiring the use of transmission lines shall be constructed, installed and maintained underground on premises used or occupied for the uses permitted.
(E) Building Height: No building shall exceed eighteen feet (18') in height, as defined herein. (See definitions of "height of building" and "reference datum" in section 3-1-4 of this chapter.) (Ord. 690, 7-9-2018)
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