(A) Intent: The following provisions shall be subject to the general regulations of this title and to the special provisions and exceptions in this and the following sections so as to secure the intent of this title. In all cases of administration and enforcement of this title for which no other specific provision is made in this section and other provisions herein, the Planning Commission shall provide for the same by order, resolution or the adoption of a rule, regulation or bylaw, which provisions shall be in accord with and consistent with the objectives and standards of this title. Uses not specified within use districts are prohibited unless determined by the Planning Commission or its authorized representative to be similar in nature to those specified.
(B) Interpretation Of District Boundaries: Whenever any uncertainty exists as for the boundary of any district shown on any zoning map, the following rules shall apply:
1. Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.
2. Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.
3. Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map.
(C) Lots Of Record: Any single lot or parcel of land, which was of record and a legal lot at the time of adoption of chapters 1 through 5 of this title, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this title are met. (Ord. 207, 3-17-1987)
(D) Yard/Lot And Setback Requirement Exceptions: Certain structures within and projections into required yard/lot areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage unless otherwise specified:
1. Exterior stairs of open design are permitted, provided that no such stair shall project into a required front no more than ten feet (10') and/or side yard/lot more than three feet (3') and into any rear yard/lot more than six feet (6').
2. Fences, walls, and hedges are permitted in any required yard/lot or along the edge of any yard/lot to a height of six feet (6'), provided that no fence, wall, or hedge along the sides or front edge of any front yard/lot shall be over three feet (3') in height. On a corner lot in any Residential District, nothing shall be erected, placed, planted, or allowed to grow in any such manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of intersecting streets bounded by the property lines of such corner lots on a line joining points along said property lines for forty feet (40'). Prior to the installation and construction of a fence or wall along a property line, the owner shall first obtain and submit to the City staff, together with the owner's application for setting permit, a document signed by the adjoining property owners agreeing to the property line. If there are existing survey markers, they may be used by the property owner. If there are not any existing survey markers the property must be surveyed by a professional land surveyor licensed to practice in the State of Idaho, and the surveyor shall cause said property to be staked and marked in accordance with Idaho law prior to any fence or wall construction. (Ord. 2018-4, 11-7-2018)
(E) Nonconforming Uses:
1. Any use lawfully occupying a building or land at the effective date of this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.
2. A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.
3. No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.
4. No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date of this title, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.
5. Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) 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; provided, however, that nothing in this title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%), provided that such restoration is started within one calendar year and diligently prosecuted to completion.
6. Whenever a nonconforming use of land or building has been discontinued for a period of one year, or whenever this is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the uses of the premises, thereafter shall be in conformity with the regulations of the use district.
(F) Reserved.
(G) Off Street Parking and Loading Requirements:
1. When the intensity or use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified as requiring parking facilities as required herein shall be provided for such increase in intensity of use.
2. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such a new use.
3. Access to parking spaces as required herein for commercial and industrial uses shall be not less than twelve feet (12') side and not more than forty feet (40') wide at the curb line.
4. No lawfully existing building shall be deemed to be a nonconforming building solely because of the lack of any such required spaces; provided, that space being used for off street parking or loading in connection with any such building at the time of the effective date hereof shall not be further reduced in area or capacity.
5. When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half (1/2) shall be adjusted to the next higher whole number of spaces.
6. Parking space requirements for a use not specifically mentioned shall be the same as for a use specified which has similar traffic generating characteristics.
7. Except as required for dwellings and motels, off street parking facilities for several buildings, structures or uses, or for mixed uses, may be provided collectively, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.
8. Every open off street parking area having more than four (4) parking spaces shall be hard surfaced, including access driveways. (Ord. 207, 3-17-1987)
9. Lighting used to illuminate off street parking areas shall be directed away from residential properties, and such parking areas shall be effectively screened on any side adjoining property in a residential zone by a wall, fence, or hedge to a height of six feet (6') except for the front yard/lot setback area of the adjoining residential property, in which case the maximum height shall be three feet (3').
10. Required parking spaces for dwellings shall be upon the same premises as the dwelling, and no parking space shall be located in any required front or side yard/lot. (Ord. 2015-4, 8-5-2015)
11. Parking spaces as hereinafter set forth shall be provided for all uses allowed and conditional uses permitted in any zone, provided that a greater number of spaces may be required in any case where a conditional use permit is involved.
a. For each dwelling unit - two (2) spaces as defined herein, sufficient for a garage or carport.
b. For each dwelling unit in a multiple-family dwelling of four (4) units or less - two (2) spaces as defined herein, sufficient for a garage or carport, provided, however, that for each dwelling unit in a multiple-family dwelling of five (5) units or more, two (2) spaces as defined herein, sufficient for a garage or carport shall be provided for each of the first four (4) units, and one and one-half (11/2) spaces shall be provided for each additional unit thereafter.
c. For each guest bedroom in a hotel, motel, club, lodging house, fraternity or sorority house - one parking space, plus one parking space for each three (3) beds in a dormitory in the above.
d. For each four (4) beds in a convalescent, nursing, or rest home, sanatorium or home for the care of children or the aged - one parking space; plus one parking space for each doctor assigned full time to the staff, plus two (2) parking spaces for each three (3) other employees.
e. For a hospital - one parking space for each one thousand (1,000) square feet of net floor area plus one parking space for each four (4) regular employees.
f. For a church, auditorium, theater, or sports arena - one parking space for each five (5) seats in the principal assembly room or area.
g. For floor space used by the public or by members in a social hall, dance hall, night club, pool hall, restaurant, or other similar enterprise or establishment - a number of parking spaces equal to twenty percent (20%) of the capacity in persons. For the purposes of this section, capacity in persons shall mean the gross floor area divided by fifteen (15) square feet.
h. For a bowling alley - two (2) parking spaces for each alley.
i. For a drive-in theater - a reservoir space at the entrance containing one parking space for each ten (10) vehicles accommodated within.
j. Business offices, not otherwise specified - one parking space for each two hundred fifty (250) square feet of net floor area.
k. Medical or dental office or clinic - one parking space for each two hundred fifty (250) square feet of net floor area. (Ord. 207, 3-17-1987)
l. Mortuary - six (6) parking spaces. (Ord. 2018-4, 11-7-2018)
m. Retail stores, banks and shops other than as specified below - one parking space for each two hundred (200) square feet of net floor area in excess of two thousand (2,000) square feet; and for drive-in banks - three (3) additional parking spaces for each teller window.
n. Retail sales establishments handling only durable goods or bulky merchandise such as machinery, furniture or vehicles, personal service and repair shops, wholesale stores - one parking space for each six hundred (600) square feet of net floor area in excess of two thousand (2,000) square feet.
o. For manufacturing establishments - one parking space for each employee, based on the greatest number of employees at any one time.
p. For every building hereafter erected containing more than fifteen thousand (15,000) square feet in area and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained with adequate design to provide safe and efficient means of access and maneuvering, one loading space not less than thirty feet (30') in length and ten feet (10') in width exclusive of access platforms and maneuvering areas.
(H) Mobile Home And Recreational Vehicles Location: Provisions pertaining to mobile homes and recreational vehicles shall not apply to the storage of recreational vehicles or campers on the site of a permanent residence. Mobile homes may be located on construction sites for a period not to exceed one year when the Council finds that the location of the same is necessary to secure the construction site. The City may direct that mobile homes be located on properties owned by the City and dedicated for use as a facility for purposes of security. (Ord. 207, 3-17-1987)